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pc_11 13 2008 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD NOVEMBER 13, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being seven (7) in number. II. Members Present: Troy Laha Jerry Meyer Lucas Hargraves Jeff Yates J. T. Ferstl Obray Nunnley, Jr. Chauncey Taylor Members Absent: Pam Adcock Bill Rector Two (2) Open Positions City Attorney: Cindy Dawson III. Approval of the Minutes of the October 2, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING NOVEMBER 13, 2008 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-8395 Rezoning from C-3 to C-4 6723 Colonel Glenn Road B. Z-1703-A Gary’s Plaza – Conditional Use Permit 3224 Mabelvale Pike C. LU08-15-01 A Land Use Plan Amendment in the Geyer Springs West Planning District from Industrial to Commercial along Young Road west of Geyer Springs Road. C.1. Z-2725-A Rezoning from I-2 to C-3 8624 Interstate 30 II. NEW BUSINESS: Item Number: File Number: Title 1. LU08-23-01 Land Use Amendment in Arch Street Pike Planning District from Mining to Park/Open Space east of Arch Street Pike and South of I-30. 1.1. Z-8412 Rezoning from R-2 to M and OS East side of Arch Street Pike, 2,000 feet south of Interstate 30 1.2. G-23-370-A Block 3 Fairview Addition – Right-of-Way Abandonment and plat vacation 2. Z-7799-A Rezoning from O-2 to C-3 Northeast corner of Chenal Parkway and Rahling Road 3. Z-4115-A Life Skills for Youth – Conditional Use Permit 10710 Interstate 30 Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 4. Z-5673-A Chism Accessory Dwelling – Conditional Use Permit 8533 Mabelvale Pike 5. Z-7417-A The Church at Pinnacle Mountain – Revised Conditional Use Permit 7901 Hwy. 30 6. Z-8413 Ludwig Street Duplexes – Conditional Use Permit 4509 – 4511 Ludwig Street 7. Z-8414 Gilbert Accessory Dwelling – Conditional Use Permit 4400 Foster Street 8. Z-8415 G & K Daycare Center – Conditional Use Permit 9624 Baseline Road 9. Z-8416 Collegiate Choices Charter School – Conditional Use Permit 1215 S. Schiller Street 10. Z-6096-C Chenal Valley Montessori School – Conditional Use Permit Revocation 15717 Taylor Loop Road 11. Z-3371-X-Y-Z Crain Automobile Dealerships – Conditional Use Permit Revocations Lots 9, 10 and 11, Village at Brodie Creek 12. Z-8397-A Aloft Hotel Short-Form PCD 421 President Clinton Avenue 13. Master Street Plan Update – Adoption of Master Street Plan for Little Rock Planning Jurisdiction 14. A-314 Crackerbox Annexation – Annexation of 1.8± acres at the Northwest corner of Kirby and Kanis Roads November 13, 2008 ITEM NO.: A FILE NO.: Z-8395 Owner: Troy Burns Applicant: Rick Nagel Location: 6723 Colonel Glenn Road Area: 4.14 Acres Request: Rezone from C-3 to C-4 Purpose: Auto and auto parts sales Existing Use: Office – Showroom/Warehouse SURROUNDING LAND USE AND ZONING North – Mixed commercial uses (across Colonel Glenn Road); zoned C-3 South – Undeveloped property (creek); zoned PR East – Auto salvage yard; zoned C-3 and C-4 West – Auto salvage yard; zoned C-3 and C-4 A. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. The property is within the 100 year floodplain, zone AE. If existing structures are substantially improved or the cost of the improvements are 50% or more of the appraised value of the structures, then the structures must be improved to comply with the current floodplain regulations. The lowest finished floor will be required to be elevated 1 ft. above the base flood elevation. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 4. The southern portion of the property shows to be within the regulatory floodway. A portion of the southern building appears to be in the floodway. If any part of a structure is located in the floodway, then the November 13, 2008 ITEM NO: A (Cont.) FILE NO.: Z-8395 2 entire structure is considered to be in the floodway. The floodway cannot be encroached with fill, structures, or parking. If existing structures are substantially improved or the cost of the improvements are 50% or more of the appraised value of the structures, then the structures must be removed to comply with the current floodplain regulations. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Routes #14 (Rosedale route) and #21 (University Avenue route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow, Westwood, College Terrace and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 General Commercial to C-4 Open Display District. 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. 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 I is shown to the south of this property. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. November 13, 2008 ITEM NO: A (Cont.) FILE NO.: Z-8395 3 Neighborhood Action Plan: The Westwood Pecan Lake Neighborhood Plan covers this area, but it does not address this issue. E. STAFF ANALYSIS: Troy Burns, owner of the 4.14-acre property located at 6723 Colonel Glenn Road, is requesting to rezone the property from “C-3” General Commercial District to “C-4” Open Display District. The property is located on the south side of Colonel Glenn Road, between University Avenue and S. Bryant Street. The rezoning is proposed to allow use of the property for auto and auto parts sales. There is a one-story commercial building located near the northeast corner of the property. A driveway from Colonel Glenn Road is located at the northwest corner of the property, with paved parking on the north side of the building. The rear (south) portion of the property is undeveloped. The property is located approximately six (6) feet below the grade of Colonel Glenn Road. The general area contains a mixture of uses and zoning. Mixed commercial/restaurant uses are located to the north, across Colonel Glenn Road. An auto salvage yard is located immediately to the east, with other commercial uses further east. An auto salvage yard is also located immediately to the west. Undeveloped PR zoned property is located to the south. The City’s Future Land Use Plan designates this property as Commercial. The requested C-4 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. The requested C-4 zoning will be compatible with the general area. There is existing C-4 zoning east and west of the site, with auto salvage yards located on the adjacent properties to the east and west. Additionally, there is a mixture of commercial uses north, across Colonel Glenn Road, and further east and west. As noted previously, the City’s Land Use Plan designates this property as Commercial, which supports the requested C-4 zoning. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. November 13, 2008 ITEM NO: A (Cont.) FILE NO.: Z-8395 4 PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) Staff informed the Commission that the application needed to be deferred to the November 13, 2008 agenda based on the fact the applicant failed to complete notification to surrounding property owners as required. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 13, 2008 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Rick Nagel was present, representing the application. There was one (1) person (Laveta Wills Hale) present with concerns. Staff presented the item with a recommendation of approval, including the item in the Consent Agenda. Rick Nagel addressed the Commission, revising the application to add the following conditions to the proposed C-4 zoning, with relation to the existing building and property as they exist as of this date: • Repair of the existing building with new roof. • Repaint the existing building. • Addition of new landscaping to the property. • Addition of new fencing to the property. • Repair of the existing asphalt parking lot. • Addition of new signage to the property • Widening of the existing driveway with new gates. • Trim existing trees on the property. • Maintain existing grass-covered areas of the property. Chairman Taylor asked Ms. Hale if she was satisfied with the proposed rezoning with conditions. She indicated that she was. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as revised and recommended by staff. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: B FILE NO.: Z-1703-A NAME: Gary’s Plaza – Conditional Use Permit LOCATION: 3224 Mabelvale Pike OWNER/APPLICANT: JP Mortgage and Investments/Gary Shorter PROPOSAL: A conditional use permit is requested to allow retail sales and a special event center in the existing building on this I-2 and C-4 zoned property. 1. SITE LOCATION: The property is located on the northwest corner of Mabelvale Pike and West 33rd Street, one block south of Asher Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed residential, commercial and industrial uses. Several auto service type businesses are located along Asher Avenue to the north. A hotel is located across Mabelvale Pike to the east. A plumbing supply company and a recently approved church are located to the southeast. Single-family residences are located to the west and southwest. A small commercial center containing a variety of uses is located to the south. Although the use may be compatible with the uses in the area, staff has concerns with the impact of the proposed special event center on nearby properties due to the limited parking available on site. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the South of Asher and Curran Conway Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has a driveway onto Mabelvale Pike and a loading area driveway onto West 33rd Street. The property contains 7 paved parking spaces. A gravel parking area is adjacent to the north. As many as 24 parking spaces could possibly be constructed in that area. The use requires 43 parking spaces based on 1/300 square feet for the retail sales area and 1/100 square feet for the special event center. November 13, 2008 ITEM NO.: B (Cont.) FILE NO.: Z-1703-A 2 4. SCREENING AND BUFFERS: Site Plan must comply with the City’s landscape and buffer ordinance requirements. Additional landscaping will be required in conjunction with any new parking areas located on the site. Depending upon rehabilitation costs associated with this project the parking lot and property may have to be brought into full compliancy with the City’s landscaping and buffer minimal ordinance requirements. 5. PUBLIC WORKS COMMENTS: 1. Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that West 33rd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. The centerline of West 33rd Street is not shown on the survey. Provide the distance from centerline to the property line as determined by a survey. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire sprinklers may be required. County Planning: No comment received. CATA: The site is not located on a CATA bus route. November 13, 2008 ITEM NO.: B (Cont.) FILE NO.: Z-1703-A 3 SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant was present. Staff presented the item and noted additional information was needed on days and hours of operation, signage, dumpster location and parking. Public Works and Landscape Comments were noted. The applicant was advised to respond to staff issues by August 6, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The I-2 zoned property located at 3224 Mabelvale Pike is occupied by a 4,500 square foot, one-story metal building and a 7-space paved parking lot. The I-2 portion of the property consists of the south 70 feet of Lots 10, 11 and 12, Block 1, Ruebel and Leymer Addition. The north 68 feet of the lots is zoned C-4 and is gravel-covered. The applicant is proposing to utilize the building for retail sales and a special event center. The retail sales will consist of items such as new and used clothing, furniture, antiques or tobacco products. The special event center will occupy approximately 4,000 square feet of the building and will be made available for rent for events such as weddings, receptions, anniversaries, birthday parties, baby showers, business meetings, conferences and church functions. Hours of operation for the retail sales are Monday through Saturday, 11:00 a.m. – 6:00 p.m. Hours for the special event center are 7 days a week, 8:00 p.m. – 1:00 a.m. Signage consists of an existing ground sign and wall signage on the east and south facades. No dumpster is indicated. The applicant states the Fire Marshall has set an occupancy limit of 85 persons for the special event center. Although the use appears to be compatible with most uses in the area, staff is not able to support the application. It is apparent there is not enough parking available to meet the requirements of the Ordinance for the special event center. This use alone requires 40 parking spaces. There are 7 spaces on the site where the building is located and the possibility of constructing 24 more on the gravel area north of the building. When this building was constructed in 1968 for an auto parts store, the 7 paved spaces were constructed. The gravel area north of the store was not developed in conjunction with the store. Although the gravel area could be developed for 24± more spaces, it is still less than required for the November 13, 2008 ITEM NO.: B (Cont.) FILE NO.: Z-1703-A 4 use. Staff is concerned that the result could be that vehicles are forced to park on the area streets, including in front of the residential properties to the west. STAFF RECOMMENDATION: Staff recommends denial of the C.U.P. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that on August 15, 2008 the applicant had requested deferral of the item to the October 2, 2008 meeting to allow him time to address staff concerns. There was no further discussion. The item was placed on the consent agenda and deferred to the October 2, 2008 meeting by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had not completed the notification requirement and had not responded to issues raised at Subdivision Committee regarding parking. Staff recommended deferring the item to the November 13, 2008 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the November 13, 2008 meeting by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had contacted staff and desired to continue with the application. Staff informed the Commission that notification had not been completed and the item needed to be deferred. There was no further discussion. The item was placed on the consent agenda and deferred to the January 8, 2009 agenda with a vote of 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: C FILE NO.: LU08-15-01 Name: Land Use Plan Amendment - Geyer Springs West Planning District Location: North of I-30, west of Geyer Springs Road Request: Industrial to Commercial Source: Newman McGee PROPOSAL / REQUEST: A Land Use Plan amendment in the Geyer Springs West Planning District from Industrial to Commercial. Commercial represents services that include a broad range of retail and wholesale sales of products, personal and professional services and general business activities. EXISTING LAND USE AND ZONING: The property is currently zoned I-2 Light Industrial District. This site was used as a Professor Bowl for many years and is currently vacant. There is a small abandoned house on the northwest corner of this lot. A small portion of the applicant’s property is currently zoned R-2 Single Family. This portion is paved and vacant. It is approximately four acres in size. Interstate 30 is immediately to the south and is zoned R-2. Most of the surrounding properties to the north, west and east are zoned I-2. Immediately west is Flexion Industrial, to the north is office/warehouse building and WES Electric Supply. East of this site is zoned I-2 but has a non conforming single family residence on the property. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is shown as Industrial on the Future Land Use Plan. Industrial is shown to the north, west and east of this site. Further east and along Geyer Springs is shown as Commercial. To the south is buffered by Interstate 30, but Multi Family, Light Industrial and Commercial are shown on the south side of the interstate. August 6, 2007, the southeast corner of Interstate 30 and University Avenue was amendmended from Multi Family to Light Industrial for a future development. May 16, 2006, Ordinance 19532 amended the Land Use Plan about a half-mile southeast of this site. It was amended to Public Institutional from Commercial as part of a large-scale revision of the 65th Street East District to recognize an existing condition. November 13, 2008 ITEM NO.: C (Cont.) FILE NO.: LU08-15-01 2 MASTER STREET PLAN: This application has frontage on Interstate 30 and on Young Road. Young Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is shown along Young 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. PARKS: According to the Master Parks Plan, this location is within eight blocks (and less than one mile) from Ottenheimer Park in Cloverdale Subdivision and Wakefield Park to the east. 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 Geyer Springs/Wakefield Neighborhood Plan. The Zoning and Future Land Use goal states: “Utilize existing buildings before developing new commercial areas.” The plan does not address the industrial area of the neighborhood. ANALYSIS: The area bounded by 65th Street on the north, Geyer Springs on the east, University on the west and I-30 on the south has been an industrial area for decades. The majority of the land in this area is shown as Industrial on the future land use plan and is still being used for that purpose. This application is seeking to amend a small portion of this Industrial along Young Road/I-30 from Industrial to Commercial. The site was previously used as a non-conforming commercial use for a Professor Bowl bowling alley. This has been the only truly commercial use along Young Road on the west side of Geyer Springs. Most of the commercial uses in this area are along Geyer Springs Road. There are more than 30 acres of Commercial shown on the Future Land Use Plan along Geyer November 13, 2008 ITEM NO.: C (Cont.) FILE NO.: LU08-15-01 3 Springs Road and much of this land could be redeveloped for this type of use. By contrast, this application area is surrounded by approximately 150 acres of industrial park uses. The application area could easily be developed for an industrial use without a change in zoning or the land use plan. This area was reviewed by the Geyer Springs and Wakefield Neighborhood Action Plan in 2006. The neighborhood reviewed the future land use plan for this area and did not request any changes for this portion of the neighborhood. Staff believes commercial uses should be confined to the major arterials like Geyer Springs, University and 65th Street with industrial types of uses beyond these roads. While there is quite a large section of Industrial shown in this area, there are very few vacant buildings available for industrial uses. Over the years, many of the commercial uses in this area have left, but this industrial area has stayed constant and needs to be preserved. There is vacant Commercial land on the south side of Interstate 30 that is undeveloped and would be more suitable. There is also quite a bit of Commercial land along Geyer Springs Road that could be developed for this type of use. Young Road serves the industrial uses on the north side of I-30. The traffic created in industrial areas is mostly made up of large trucks. This is very different than the typical traffic created by a retail use, which is reason to keep the industrial and commercial areas separate. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Cloverdale, Windamere, Wakefield and Southwest Little Rock United for Progress. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) The item was placed on consent agenda for deferral to the November 13, 2008 hearing. By a vote of 10 for and 0 against the consent agenda was approved. STAFF UPDATE: The applicant has requested the withdrawal of this item. Staff is supportive of this request. November 13, 2008 ITEM NO.: C (Cont.) FILE NO.: LU08-15-01 4 PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant requested this item be withdrawn. The item was placed on the consent agenda for withdrawal. By a vote of 7 for 0 against 2 vacancies the consent agenda was approved. November 13, 2008 ITEM NO.: C.1 FILE NO.: Z-2725-A Owner: Rick Thone Investments, LLC Applicant: Newman McGee Location: 8624 Interstate 30 Area: 3.55 Acres Request: Rezone from I-2 to C-3 Purpose: Amusement Center (bar, food, amusement machines, pool, live/recorded music with dance floor and bingo) Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North – Mixed light industrial uses (across Young Road); zoned I-2 South – Apartment complex (across I-30); zoned I-2 East – Vacant single family residence and undeveloped property; zoned I-2 West – Mixed light industrial uses; zoned I-2 A. PUBLIC WORKS COMMENTS: 1. Young 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. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Routes #17 (Mabelvale - Downtown Route) and #17A (Mabelvale – UALR Route) run along Geyer Springs Road to the east. November 13, 2008 ITEM NO: C.1 (Cont.) FILE NO.: Z-2725-A 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Wakefield, Cloverdale, Windamere and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from I-2 Light Industrial to C-3 General Commercial. A Land Use Plan amendment is a separate item on this agenda (LU08-15-01). Master Street Plan: This application has frontage on Interstate 30 and on Young Road. Young Road is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown along Young 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 Geyer Springs/Wakefield Neighborhood Plan. The Zoning and Future Land Use goal states: “Utilize existing buildings before developing new commercial areas.” E. STAFF ANALYSIS: Rick Thone Investments LLC, owner of the 3.55-acre property located at 8624 Interstate 30, is requesting to rezone the property from “I-2” Light Industrial District to “C-3” General Commercial District. The property is located along the north side of I-30, west of Geyer Springs Road. The property backs up to Young Road. The rezoning is proposed to allow operation of an “amusement center” within the existing commercial building located on the property. November 13, 2008 ITEM NO: C.1 (Cont.) FILE NO.: Z-2725-A 3 There is a one-story vacant commercial building located within the east half of the property. The building was previously used as a bowling facility. There is paved parking on the east and west sides of the building, with a paved driveway on the building’s south side. A service drive is located along the north side of the building. Access drives are located along I-30 and Young Road. There is a billboard at the southeast corner of the property and a vacant single family residential structure at the northwest corner of the tract. There is a mixture of uses in this general area. Mixed light industrial uses are located on the I-2 zoned property to the north (across Young Road) and west. A vacant single family structure is located on the I-2 zoned property to the east. An apartment complex and undeveloped property are located across I-30 to the south. The City’s Future Land Use Plan designates this property as Industrial. A Land Use Plan amendment application for a change to commercial (LU08- 15-01) is a separate item on this agenda. Staff does not support the rezoning of this property to C-3 or the Land Use Plan amendment to Commercial. Staff feels that the requested C-3 zoning of this property will not be compatible with the general area. The adjacent properties north, east and west of this property are zoned I-2 and shown as Industrial on the Future Land Use Plan. There are existing light industrial developments to the north and west. Staff believes the I-2 zoning of this property should remain. Although the property has a past use as a bowling facility (nonconforming use), staff believes this property would be best redeveloped for an office/warehouse or similar type facility, either by itself or in conjunction with the I-2 zoned property immediately to the east. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (OCTOBER 2, 2008) Staff informed the Commission that the applicant submitted a letter to staff on October 1, 2008 requesting the application be deferred to the November 13, 2008 agenda. Staff supported the deferral request. With a vote of 7 ayes, 3 nays and 1 absent, the Commission voted to waive their bylaws and accept the request to defer being less than five (5) business days prior to the public hearing. November 13, 2008 ITEM NO: C.1 (Cont.) FILE NO.: Z-2725-A 4 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 13, 2008 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on October 23, 2008 requesting the application be withdrawn. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Staff informed the Commission that the applicant submitted a letter to staff on October 23, 2008 requesting the application be withdrawn. Staff supported the withdrawal request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 1 FILE NO.: LU08-23-01 Name: Land Use Plan Amendment – Arch Street Pike Planning District Location: East of Arch Street Pike, south of I-30 Request: Mining to Park/Open Space Source: R. Wingfield Martin, Agent for 3M Company PROPOSAL / REQUEST: A Land Use Plan amendment in the Arch Street Pike Planning District from Mining to Park/Open Space. Park/Open Space represents all public parks, recreation facilities, greenbelts, floodplains, and other designated open space and recreational land. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include all of the area located south of I-30, east of Arch Street, north of the railroad and west of I-530. With these changes, the entirety of the Mining north of the railroad would be eliminated. It is thought that the additional area would make the boundaries more logical, since this area is all floodway. EXISTING LAND USE AND ZONING: The amendment is zoned R-2 Single Family. The R-2 zoning extends north, south, east and west as most of this area is either interstate right of way, railroad right of way or floodway and was zoned R-2 when it was annexed to the City as was general practice. Fourche Creek runs through this area as do Interstate 30 and Interstate 530. Further south is zoned Mining and is used for gravel mining. To the southeast is zoned PR Park and Recreation District for Gillam Park. To the northwest is also zoned PR for Interstate Park. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment is currently shown as Mining. Mining continues south of this area to Dixon Road. To the north, west and east of this area is all shown as Park/Open Space to represent the Fourche Creek floodplain. The area southwest of this amendment is shown as Industrial along the west side of Arch Street Pike. There have been no future land use plan amendments in this area since 2000. MASTER STREET PLAN: Arch Street Pike is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators November 13, 2008 ITEM NO.: 1 (Cont.) FILE NO.: LU08-23-01 2 or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Arch Street Pike 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. This area is also bounded to the north by the I-30 freeway and to the east by the I-530 freeway. These right of ways are controlled by the State Highway Department. BICYCLE PLAN: There is a proposed Class I bike route near this application area. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. PARKS: According to the Master Parks Plan, this area is within eight blocks of a city park. Interstate Park is northwest of this area and Gillam Park is east of the area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: This area has been shown as Mining on the Future Land Use Plan for many years, but it has never been developed or rezoned for an actual mining use. All of the amendment area lies north of the railroad right of way, south of Interstate 30, west of Interstate 530 and east of Arch Street Pike. Fourche Creek runs directly through this amendment area flowing from west to east and all of this area is shown as floodway on the FEMA maps. This amendment would change the area as described above from Mining to Park Open Space on the Future Land Use Plan. Park Open Space is ideal for floodways/floodplains to recognize open space and recreational land. This application was spurred by a rezoning application on the south side of the railroad tracks from R-2 to Mining. The applicant requested that a portion of their land on the north side of the railroad tracks be amended to Park Open Space to protect the existing floodway. Staff expanded the area to include approximately 48 acres of city owned land in this vicinity and approximately 36 acres of private November 13, 2008 ITEM NO.: 1 (Cont.) FILE NO.: LU08-23-01 3 land. These 36 acres of privately owned land include the original application area. Floodway land is not appropriate for the construction of structures or filling. One of the purposes of the floodway designation is to assure that the area needed to move water in a creek or stream is left free for the flow of water. Also, with the increasing concerns about protecting our water and drainage systems, the preservation of the land along a creek or stream is desirable. Audubon Arkansas and others have been working to rebuild and protect Fourche Creek to assure that it works to protect both the natural environment and the built environment. Most of the land along Fourche Creek both up and down stream from this location is currently shown on the Land Use Plan for Park Open Space. The eastern corner of the expanded change area is owned by three different private entities. Staff notified the owners of the expansion and has heard from them, their desire not to have their property changed to Park Open Space. Since the total area has been advertised and the entire area is floodway, Staff is bringing the entire expanded area to the Commission for action. If the Commission believes it should honor the requests of the Property Owners, Staff would not oppose the removal of the northeast corner of the amendment area (the ownership requesting not to have the change). NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Southwest Little Rock UPS. Staff has received no comments from area residents. The land in expanded area, which is private ownership, has objected to the change. STAFF RECOMMENDATION: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The item was placed on the consent agenda for deferral to the January 8, 2009 hearing at the request of the applicant. By a vote of 7 for 0 against 2 vacancies the consent agenda was approved. November 13, 2008 ITEM NO.: 1.1 FILE NO.: Z-8412 Owner: 3M Company Applicant: R. Wingfield Martin Location: East side of Arch Street Pike, 2,000 feet south of Interstate 30 Area: 50.99 Acres Request: Rezone from R-2 to M and OS Purpose: Extension of existing stone quarry and open space Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Undeveloped property; zoned M East – Undeveloped property; zoned M and R-2 West – Undeveloped property; zoned M, R-2 and OS A. PUBLIC WORKS COMMENTS: 1. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25- foot wide access easement is required adjacent to the floodway boundary. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route #15 (65th Street Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the SWLR United for Progress Neighborhood Association were notified of the public hearing. There were no residents within 300 feet to notify. November 13, 2008 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8412 2 D. LAND USE ELEMENT: This request is located in the Arch Street Planning District. The Land Use Plan shows Mining for this property. The applicant has applied for a rezoning from R-2 Single Family to M Mining District and OS Open Space for future development. A Land Use Plan Amendment from Mining to Park Open Space is a separate item on this agenda. Master Street Plan: Arch Street Pike 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 Arch Street Pike 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: There is a proposed Class I bike route near this application area. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way 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. E. STAFF ANALYSIS: 3M Company, owner of 50.99 acres of property located along the east side of Arch Street Pike, 2,000 feet south of Interstate 30, is requesting to rezone 42.50 acres of the property from “R-2” Single Family District to “M” Mining District and 8.49 acres from “R-2” Single Family District to “OS” Open Space District. The applicant is proposing the rezoning to M to allow for the extension of an existing stone quarry. The OS zoning is requested to allow for open space adjacent to Fourche Creek to aid in its preservation. The property is undeveloped and mostly wooded. All surrounding property is undeveloped. The property to the east, west and south is zoned M. The property to the north, northeast and northwest is zoned R-2. There is a stone quarry to the west and south. November 13, 2008 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8412 3 The City’s Future Land Use Plan designates this property as Mining. The requested 42.50 acres of M zoning does not require a change to the Land Use Plan. A Land Use Plan Amendment from Mining to Park Open Space is a separate item on this agenda for the 8.49 acres of proposed OS zoning. A right-of-way and plat abandonment application for a small area near the northwest corner of the property is also a separate item on this agenda. Staff is supportive of the requested M and OS rezoning. Staff views the request as reasonable. The property immediately east, west and south of the proposed M zoning is currently zoned M, with stone quarry operations to the south and west. The proposed OS zoning should aid in the preservation of the Fourche Creek corridor located north of the proposed M zoning. There is existing OS zoned property to the west. The proposed M and OS zoning represent a continuation of the zoning pattern in this area. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested M and OS rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Staff informed the Commission that the applicant submitted a letter to staff on November 7, 2008 requesting the application be deferred to the January 8, 2009 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 1.2 FILE NO.: G-23-370-A Name: Block 3, Fairview Addition – lot and street reduction to acreage Location: East side of Arch Street Pike, approximately 2,000 feet south of Interstate 30 Owner/Applicant: 3M Company by R. Wingfield Martin Request: To abandon the remaining portions of the undeveloped streets and lots platted within the northwest portion of Block 3, Fairview Addition and return them to acreage description. Purpose: 3M quarry expansion area STAFF REVIEW : The request is to vacate a portion of Block 3, Fairview Addition (part of Lots 10-12) and abandon the adjacent rights-of-way (portion of Broadway Street and alley). The area proposed to be vacated is part of a 42.5 acre property proposed to be rezoned to “M” Mining District (separate item on this agenda). The remainder of this 42.5 acre property, rest of Block 3 and Blocks 1-2 and 4-16 (and all adjacent rights-of-way), were vacated by Ordinance No. 19,675 on January 2, 2007. A. Public Need for this Right-of-Way: All of the public utility companies consent to the abandonment request, with AT & T requesting a ten (10) foot easement. The Public Works Department has no comments on the issue. B. Master Street Plan: The Master Street Plan reflects no need for this undeveloped right-of-way. C. Characteristics of Right-of-Way Terrain: Hilly, with poor access. Access is severely limited with the property being surrounded by rock quarries. November 13, 2008 ITEM NO.: 1.2 (Cont.) FILE NO.: G-23-370-A 2 D. Development Potential: The property is currently zoned R-2, with a request to rezone to M, but has no real possibility of development as residential since it is surrounded by rock quarries. The proposed use is as 3M quarry expansion area. E. Neighborhood and Land Use Effect: The applicant is the sole property owner in the area and there should be no effect on any others. The land use in the area is mining. F. Neighborhood Position: The petitioner is the owner of all of the property located in or outside of the portion of Block 3, Fairview Addition which is to be vacated or which abuts the streets alleys, rights-of-way or easements to be vacated. The SWLR United for Progress Neighborhood Association was notified of the rezoning request associated with this property. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. No easement requested. Entergy: No objection to abandonment. No easement requested. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Retain 10-foot easement (5 feet on either side of existing facilities). Water: No objection to abandonment. No easement requested. H. Reversionary Rights: The reduction of the plat to acreage will return the rights-of-way to 3M Company. I. Public Welfare and Safety Issues: There will be no effect on the public welfare and safety. All other portions of the Fairview Addition were previously vacated pursuant to Little Rock Ordinance Nos. 16,206 adopted May 5, 1992, 16,965 adopted September 19, 1995 and 19,675 adopted January 2, 2007. November 13, 2008 ITEM NO.: 1.2 (Cont.) FILE NO.: G-23-370-A 3 SUBDIVISION COMMITTEE COMMENT: (OCTOBER 23, 2008) R. Wingfield Martin was present, representing the application. Staff presented the item and noted there were no outstanding issues. The Committee forwarded the item to the full Commission. STAFF RECOMMENDATION: Staff recommends approval of the request to vacate the remainder of Block 3, Fairview Addition plat and to abandon any streets, alleys, rights-of-way and easements located within the boundary of the plat area, subject to retention of a ten (10) foot wide easement as requested by AT & T. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Staff informed the Commission that the applicant submitted a letter to staff on November 7, 2008 requesting the application be deferred to the January 8, 2009 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 2 FILE NO.: Z-7799-A Owner: Deltic Timber Corp. Applicant: Tim Daters, White-Daters and Associates Location: Northeast corner of Chenal Parkway and Rahling Road Area: 1.26 Acres Request: Rezone from O-2 to C-3 Purpose: Future development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned O-2 South – Commercial development (across Rahling Road); zoned PCD East – Undeveloped property; zoned O-2 West – Bank and condo developments (across Chenal Parkway); zoned C-3 and PDR A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from O-2 Office and Institutional District to C-3 General November 13, 2008 ITEM NO: 2 (Cont.) FILE NO.: Z-7799-A 2 Commercial. This request is for some realignment of zoning lines based on subsequent platting of the area. The request does not require a change to the Land Use Plan. Master Street Plan: Chenal Parkway is a Principal Arterial. Rahling Road is a Minor Arterial from Chenal Parkway east. 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 Chenal since it is a Principal 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class I bike routes are shown along Chenal Parkway and Rahling 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: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Deltic Timber Corporation, owner of 1.26 acres of property located near the northeast corner of Chenal Parkway and Rahling Road, is requesting to rezone the property from “O-2” Office and Institutional District to “C-3” General Commercial District. The proposed area of rezoning is divided into two (2) areas, a 1.10 acre piece several hundred feet north of the northeast corner of Chenal Parkway and Rahling Road and a 0.16 acre piece several hundred feet east of the intersection. There is approximately 19 acres of existing C-3 zoned property at the northeast corner of Chenal Parkway and Rahling Road. The rezoning of these two (2) small pieces is proposed in order to have the C-3 zoning match the north and east boundary lines of a preliminary plat approved by the Planning Commission on October 30, 2008. November 13, 2008 ITEM NO: 2 (Cont.) FILE NO.: Z-7799-A 3 The property is currently undeveloped and mostly wooded. There is a mixture of uses and zoning in this immediate area. The property to the north and east is undeveloped and zoned O-2. There are apartment complexes to the northeast and southeast. The Village at Rahling Road commercial development is located across Rahling Road to the south. There are bank and condominium developments under construction across Chenal Parkway to the west. A new shopping center development is located to the southwest. The City’s Future Land Use Plan designates this property as Commercial. The requested C-3 rezoning does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Staff feels that the request is reasonable. The rezoning represents a “clean-up” action in adjusting the zoning lines to align with the boundary of the recently approved commercial preliminary plat. The reminder of the area included in the plat is currently zoned C-3. Therefore, staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Staff informed the Commission that the applicant submitted a letter to staff on November 7, 2008 requesting the application be deferred to the January 8, 2009 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 3 FILE NO.: Z-4115-A NAME: Life Skills for Youth – Conditional Use Permit LOCATION: 10710 I-30 OWNER/APPLICANT: Temple Baptist Church/Larry Clark PROPOSAL: A conditional use permit is requested to allow for the addition of an after-school, Saturday, summer day care and mentoring program to this existing church. The property is zoned R-2. 1. SITE LOCATION: The church site is located on the north side of I-30, approximately ½ mile east of I-430. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church campus consists of some 24± acres located in an area of mixed zoning and uses. The property fronts onto the I-30 frontage road. Undeveloped I-1 zoned property and a PDC zoned equipment rental company are adjacent to the west. Undeveloped C-3 zoned property and a variety of commercial uses are located east of the site. Undeveloped PCD zoned property and a PID zoned salvage yard are located across Baseline Road to the north. The proposed day care will be located within the church’s existing family life center building. The use will not affect the church’s continued compatibility with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is via driveways off of the I-30 frontage road and Childers Drive. The property has paved parking lots containing 350± parking spaces. The day care will operate during hours that do not conflict with typical church activities. The existing parking lot is more than sufficient to provide the required parking and drop off/pickup spaces. November 13, 2008 ITEM NO.: 3 (Cont.) FILE NO.: Z-4115-A 2 4. SCREENING AND BUFFERS: No comments on this use-only issue. 5. PUBLIC WORKS COMMENTS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Baseline Road and Childers Drive. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No objection. Fire Department: No comments received. County Planning: No Comments. CATA: This site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 23, 2008) Larry Clark was present, representing the application. Staff briefly described the proposed conditional use permit, noting the hours of operation and maximum enrollment. Staff noted that a signage plan was needed for the property. The Public Works requirements were briefly discussed. Vince Floriani, of Public Works, discussed the required right-of-way dedication. Mr. Clark noted that he would take the information to the church leadership. Mr. Clark indicated that a signage plan would be provided to staff. November 13, 2008 ITEM NO.: 3 (Cont.) FILE NO.: Z-4115-A 3 After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: Temple Baptist Church occupies the R-2 zoned, 26± acre tract located at 10710 I-30. The property contains a church building, a family life center/gymnasium building, office building, 350+ parking spaces and outside play areas and ballfields. A conditional use permit is requested to allow the addition of an after- school/summer day care program, utilizing the family life center/gymnasium building. Life Skills for Youth is a non-profit program that specializes in mentoring disadvantaged youth between the ages of 4 and 18. The program currently has 70 children signed up with a maximum attendance of 300 expected, primarily during the summer months. The proposed days and hours of operation are 4:00 p.m. – 7:00 p.m., Monday, Tuesday, Thursday and Friday; 9:00 a.m. – 3:00 p.m., Saturday and 7:00 a.m. – 7:00 p.m. in summer. The hours are designed so as not to conflict with primary church activity times. The family life center building contains classrooms, meeting rooms, restrooms, a gymnasium and a concession area. An outside playground is located near the building and a ballfield is located behind the church, near the Baseline Road perimeter of the site. Staff is supportive of the request. The site contains an established institutional use with ample parking, building space and outside play areas. Allowing the addition of this after-school, Saturday and summer day care and mentoring program to the activities of this existing church should have no impact on nearby properties. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Section 5 of the agenda staff report. 2. Signage is to be limited to that allowed in office and institutional zones. November 13, 2008 ITEM NO.: 3 (Cont.) FILE NO.: Z-4115-A 4 PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 4 FILE NO.: Z-5673-A NAME: Chism Accessory Dwelling – Conditional Use Permit LOCATION: 8533 Mabelvale Pike OWNER/APPLICANT: Dewey and Betty Chism PROPOSAL: A conditional use permit is requested to allow placement of a single wide manufactured home on this R-2 zoned 3± acre. 1. SITE LOCATION: The property is located on the south side of Mabelvale Pike, approximately ¼ mile east of the Arkansas Highway Department campus. Access to the site is via an access easement off of Mabelvale Pike. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. Numerous single wide and double wide mobile homes and manufactured homes are located in the area. The C-4 zoned property to the south contains a furniture warehouse and offices. Industrial uses are located to the west as well. The site is screened on all sides by woods. The proposed use is compatible with uses in the area. All owners of properties located within 200 feet of the site; all residents within 300 feet who could be identified and the SWLR United for Progress and Town and Country Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is via a gravel driveway in an access easement off of Mabelvale Pike. The existing driveway, parking area and carport are more than sufficient to provide the required one parking space per dwelling. 4. SCREENING AND BUFFERS: No comments on this single family issue. November 13, 2008 ITEM NO.: 4 (Cont.) FILE NO.: Z-5673-A 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comments received. County Planning: No Comments. CATA: This site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) Kathy Chism and Ollie Smith were present, representing the application. Staff briefly described the proposed placement of a manufactured home to serve as an accessory dwelling. Staff noted that the applicant had provided a survey of the property. In response to a question from the Committee, Ms. Chism noted that the manufactured home would be removed from the property when a family caregiver is no longer needed for her parents, the property owners. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The R-2 zoned, 3± acres tract located at 8533 Mabelvale Pike is occupied by a multisectional manufactured home and associated accessory buildings. Placement of the home was approved by the Commission through the C.U.P. process in 1993. The applicants are requesting approval of a C.U.P. to allow November 13, 2008 ITEM NO.: 4 (Cont.) FILE NO.: Z-5673-A 3 placement of a single-wide manufactured home on the property to provide a residence for a family member. The home is proposed to be occupied by a relative who will help to care for the property owners who reside in the existing multisectional manufactured home. The single-wide manufactured home is proposed to be located behind the existing residence. The new home will be a 2008 model and will measure 16’ X 54’. The home will have vinyl siding and a pitched, shingled roof. Porches will be added. Staff is supportive of the proposed accessory dwelling. The proposed home is compatible with uses in the area. The property itself is screened by woods on all sides. The property is nearly 3 acres in size and the home will have setbacks well exceeding those required by the Code. There is sufficient parking space on the property to accommodate both residences. There is no bill of assurance on this acreage tract. Placement of the home must comply with the Ordinance standards. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the following conditions: 1. Placements of the single-wide manufactured home must comply with the following siting criteria. a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. 2. The property owner must reside on site. November 13, 2008 ITEM NO.: 4 (Cont.) FILE NO.: Z-5673-A 4 3. Occupancy of the accessory dwelling is to be limited to a relative of the current property owners, to serve as a caregiver for the current owners, Dewey and Betty Chism. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 5 FILE NO.: Z-7417-A NAME: The Church at Pinnacle Mountain – Revised Conditional Use Permit LOCATION: 7901 Hwy. 300 OWNER/APPLICANT: The Church at Pinnacle Mountain/ Michael Johnston, Trustee PROPOSAL: A revision to a previously of approved conditional use permit is requested to allow for use of a modular classroom building on this existing, R-2 zoned church site for a period of 5 years. 1. SITE LOCATION: The church is located on the west side of Hwy. 300, north of the Pinnacle Road intersection. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has existed at this site since its construction in late 2003. The area is rural in nature and is characterized primarily by single family homes on larger tracts and by large areas of undeveloped property. A small commercial node is located just south of the church, at the Hwy. 300/Pinnacle Road intersection. The use of the modular building is proposed on a temporary basis and will be removed when the Phase II educational space is built. The proposed use should be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Coalition of West Little Rock Neighborhoods were notified of this proposal. 3. ON SITE DRIVES AND PARKING: The 280-seat sanctuary and 113 paved parking spaces were constructed with Phase I. An additional 52 spaces will be built with construction of the Phase II education building. The church is required to have 70 parking spaces based on one space for every 4 seats in the sanctuary. No future expansion of the sanctuary is proposed. A small, gravel parking lot and driveway are proposed to provide access to the modular building. Use of November 13, 2008 ITEM NO.: 5 (Cont.) FILE NO.: Z-7417-A 2 the gravel is proposed to correspond to the 5-year period the modular building is in use. 4. SCREENING AND BUFFERS: Development of the site must comply with previously approved plans for landscape, buffers and screening. 5. PUBLIC WORKS COMMENTS: 1. Staff recommends the continuance of the approved ten (10) year boundary street deferral until 2013 as previously approved. No boundary improvements are required until the end of the deferral period. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: This is located in an area served by Maumelle Water Corp. Water is not available from Central Arkansas Water. Fire Department: Outside service area. Provide statement from local Volunteer Fire Department indicating approval, ability to provide service and any conditions prior to placement of the modular building. County Planning: Approved as submitted. CATA: Outside service area. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) Mike Johnston was present, representing the application. Staff briefly described the proposal, noting that information on the design of the modular classroom building was needed. Mr. Johnston provided photos of the building to the Committee. November 13, 2008 ITEM NO.: 5 (Cont.) FILE NO.: Z-7417-A 3 Vince Floriani, of Public Works, explained the recommended continuance of the previously approved ten (10) year boundary street deferral. He noted that the deferral would extend to 2013. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The Church at Pinnacle Valley is located on the R-2 zoned, 6.93-acre tract at 7901 Hwy. 300. On June 26, 2003, the Commission approved a conditional use permit to allow the phased construction of the church. Phase I was the construction of a single building containing a 280-seat sanctuary and typical support space such as classrooms, offices and meeting rooms. Phase I also contained a single driveway off of Hwy. 300 and a paved and landscaped 113-space parking lot. Phase I has been completed. Phase II is to consist of an education space addition to the north side of the sanctuary building and the construction of an additional 52 paved and landscaped parking spaces. Phase III, to occur at some unspecified point in the future, is to consist of a fellowship hall/activity center building, a pavilion and a playground. No sanctuary expansion is proposed. At the time of initial approval, required right-of-way for Hwy. 300 was dedicated. A deferral of improvements to the road were deferred for 10 years or until construction of the Phase II education building addition, whichever occurs first. The church is requesting a revision to the approved C.U.P. to allow for temporary use of a modular classroom building and a small, gravel parking lot/driveway. This intervening Phase, Phase I-A, would allow use of the temporary building and parking for 5 years or until construction of the Phase II education building addition. The one-story modular building is proposed to be placed behind the sanctuary building. A gravel driveway will extend off of the existing parking lot to a small, gravel parking area adjacent to the modular building. Staff is supportive of the proposed revision to the C.U.P. Allowing temporary use of the modular building and gravel parking lot/driveway should have no impact on adjacent properties. There is no bill of assurance for this acreage tract. Staff is supportive of allowing the deferral of street improvements to continue until 2013 (ten years from the initial approval) or until construction of the Phase II education addition. To staff’s knowledge, there are no outstanding issues. November 13, 2008 ITEM NO.: 5 (Cont.) FILE NO.: Z-7417-A 4 STAFF RECOMMENDATION: Staff recommends approval of the revision to the C.U.P. subject to compliance with the following conditions: 1. Use of the modular classroom building and gravel parking area/driveway is for 5 years or until construction of the Phase II education addition, whichever occurs first. 2. Compliance with comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the continued deferral of street improvements to Hwy. 300 until 2013 (10 years from the date of initial approval) or until construction of the Phase II education addition, whichever occurs first. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicants were present. There were no objectors present. Staff presented the item and noted there were two additional conditions that staff was proposing. The additional conditions proposed were as follow: 1. All site lighting must be shielded downward and aimed into the site. 2. The entry driveway off of Highway 300 is to be gated when the church facilities are not in use. Staff recommended approval of the application and street improvement deferral subject to compliance with the conditions outlined in the “staff recommendation” above, including the two additional conditions. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 6 FILE NO.: Z-8413 NAME: Ludwig Street Duplexes – Conditional Use Permit LOCATION: 4509 –4511 Ludwig Street OWNER/APPLICANT: Stanley Phillips/Kwendeche, AIA PROPOSAL: A conditional use permit is requested to allow for construction of a duplex residence on each of these R-3 zoned lots. 1. SITE LOCATION: The lots are located on the east side of Ludwig Street, 1 ½ blocks north of Colonel Glenn Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The properties are located at the southern edge of the John Barrow Neighborhood where uses transition from single family to nonresidential. Single family residences of varying age and condition are located in the immediate area around the properties. One-half block to the south, the uses become non-residential, including a recently approved PCD for a beauty shop and offices as well as the multiple commercial uses along Colonel Glenn. Ball fields are located one block to the east, beyond John Barrow Road. Several office and commercial uses are located along John Barrow Road, two blocks to the north. The duplexes have been designed to present the appearance of more of a single family structure to the street. Staff believes the proposed duplexes will be compatible with the neighborhood. All owners of properties located within 200 feet of the site; all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of the request. 3. ON SITE DRIVES AND PARKING: Each duplex requires 1 ½ space per unit, 3 spaces per duplex. The applicant proposes to construct 4 spaces per lot with access directly off of Ludwig Street. The 4 spaces are divided into two-space bays by a walkway that ties into the sidewalk/walkways that serve the two properties. November 13, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-8413 2 A landscaped island separates the two lots, providing additional, visual separation between the parking spaces. 4. SCREENING AND BUFFERS: No comments on this duplex residential request. 5. PUBLIC WORKS COMMENTS: 1. Backing out onto City streets creates unsafe driving conditions. 2. At time of development, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: 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). Fire Department: No comments received. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) Kwendeche and Stanley Phillips were present, representing the application. Staff described the proposed construction of the two (2) duplex structures. Staff noted that additional information was needed with respect to building setbacks and height. Kwendeche noted that the information would be provided to staff. Vince Floriani, of Public Works, noted that Public Works supported the proposed site plan, but explained that vehicles backing onto Ludwig Street from the site could be an unsafe situation. November 13, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-8413 3 After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow construction of a duplex dwelling on each of the two, R-3 zoned lots located at 4509 and 4511 Ludwig Street. The lots are currently vacant with a scattering of trees and underbrush. Each duplex will contain two dwelling units. The buildings will be one-story in height with pitched, shingled roofs. The facades of the buildings will have a combination of color coated masonry with minimal use of vinyl siding. The specific colors and combination of materials are not finalized. Within the duplexes, each unit will contain two bedrooms, one bath, a kitchen and a living room. Each unit will be approximately 700 square feet in size. The duplexes are turned on the lots so that they are angled toward Ludwig Street rather than facing, parallel with the street. This presents more of a single family dwelling appearance when viewed from the street. Angling the structures toward each other creates a courtyard shared with a common walkway from the parking spaces. A 6-foot tall, wood privacy fence will be placed along the north, south and east perimeters. The owner will manage the completed property, including the maintenance of the grounds. The owner has stated he will impose strict rental guidelines. Building setbacks will meet and exceed the setbacks required by the Ordinance for the R-3 zoning district. Staff is supportive of the request. The applicant has presented what staff believes is a quality development to be located at the southern edge of the neighborhood. The project will provide a good transition from the non-residential uses to the south to the single family uses extending beyond this site. The 1907 bill of assurance does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. November 13, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-8413 4 PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were three registered objectors present. Staff informed the Commission that the John Barrow Neighborhood Association had called in support of the item. Staff presented the item and a recommendation of approval subject to compliance with conditions outlined in the “staff recommendation” above. Kwendeche, the applicant, was asked if he desired to defer the item since only seven Commissioners were present. He stated he wished to proceed. He stated he would reserve his time to address concerns raised by the objectors. Genevieve Stewart, of 4421 Ludwig Street, spoke in opposition. She stated she was aware of other neighborhood residents who were also opposed but unable to attend the meeting. Ms. Stewart stated the neighborhood was single family and there was no need for a four-plex in the neighborhood. She stated several new single- family homes had been built in the area. She asked if the Commissioners would want this in their neighborhood. Ms. Stewart commented that there had been a history of crime problems in the neighborhood but things were better now. She voiced concern about the potential occupants of the duplexes. Ida Campbell, of 4411 Ludwig Street, stated she liked the neighborhood the way it is. She stated she was opposed to adding apartments to the area. Ms. Campbell voiced concerns about traffic on the street. Kwendeche responded and stated he had looked at the neighborhood and found uses other than single-family in the area. He referenced a recently approved office/beauty shop development located ½ block to the south. He stated the project had been designed so as to fit in with and be sensitive to the neighborhood. In response to a question from the Chairman, staff responded that the neighborhood had called in support. Commissioner Yates noted that each structure would be 1,400 square feet in area, containing two, 700 square foot dwellings. Kwendeche commented that the size of the structures would be compatible with homes in the area. Commissioner Yates asked staff to explain their reasoning for support. Dana Carney responded that R-3 allowed duplexes as a conditional use, meaning there would be circumstances and locations where duplexes would be November 13, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-8413 5 appropriate. He stated staff looked at the specifics of the site and of the development being proposed. Mr. Carney noted the property was located at the southern edge of the neighborhood, where uses begin to transition from single-family to non-residential. He noted the non-residential uses begin ½ block to the south. Mr. Carney stated staff studied the specifics of the development proposed by the applicant and it was staff’s opinion that the development was appropriate for the site, based on the orientation of the buildings, the parking and the building design and materials being proposed. Richard Channon, of 4512 Ludwig Street, spoke in opposition and stated he was concerned about traffic on the street. In response to a question from Commissioner Laha, Ms. Stewart stated she would support the construction of 1,400 square foot single-family residences on the lots. In response to a question form Commissioner Nunnley, Mr. Carney stated the parking requirement for a duplex was 1 ½ spaces per dwelling ( 3 spaces for each duplex structure) and the applicant was proposing 2 spaces per dwelling (4 spaces for each duplex structure). A motion was made to approve the application subject to compliance with all staff comments and conditions. The motion was approved with a vote of 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 7 FILE NO.: Z-8414 NAME: Gilbert Accessory Dwelling – Conditional Use Permit LOCATION: 4400 Foster Street OWNER/APPLICANT: Juanita Gilbert PROPOSAL: A conditional use permit is requested to allow for conversion of an accessory building on this R-3 zoned lot into an accessory dwelling. 1. SITE LOCATION: The property is located at the southwest corner of Foster Street and West 44th Street, near the western edge of the John Barrow area. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located near the southwest corner of the larger John Barrow neighborhood. Surrounding uses are principally single family residences although there are other uses nearby. Kiwanis Park is located ½ block to the north. A nonconforming industrial use is located 2 blocks to the south. A large, undeveloped, wooded tract is located to the west. Single family homes are located to the north, east and south. The residential uses become more sparce to the west. A tract containing a single family residence and an accessory dwelling is located 1 block to the west. The applicant proposes to utilize an existing structure for use as an accessory dwelling to be occupied by a family member. The use appears to be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The existing single family residence and proposed accessory dwelling each require one parking space. The site contains a paved driveway and carport which will accommodate 3 vehicles. A gate off of 44th Street leads to the rear yard where additional November 13, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-8414 2 parking could be provided if needed. On-street parking is also available if necessary. 4. SCREENING AND BUFFERS: No comments on this single family application. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project if Lots 1 and 2 remain as one parcel. It western portion of Lots 1 and 2 is replatted to add an additional lot a sewer main extension will be required with easements to serve the additional lot. Sewer main is located in Foster Street. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comments received. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) Juanita Gilbert was present, representing the application. Staff briefly described the proposed conditional use permit, noting that the existing accessory building was proposed to be converted to a dwelling. Staff noted that separate utility meters were requested. In response to a question from the Committee, Ms. Gilbert noted that the proposed accessory dwelling would only be used by family members. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. November 13, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-8414 3 STAFF ANALYSIS: The R-2 zoned property located at 4400 Foster Street is occupied by a one-story, brick and frame single family residence, a small accessory building and a 20’ X 28’, block accessory building. The applicant is requesting approval of a conditional use permit to allow conversion of the 20’ X 28’ accessory building into an accessory dwelling for occupancy by a family member. The building has been painted to match the house and has a pitched, shingled roof. The property consists of two, 50’ X 148’ lots. The building was used by the property owner in the past for a hobby shop and contains water and electricity. The applicant is requesting separate utilities. Staff is supportive of the proposed C.U.P. The site consists of two lots, which could be developed as two separate dwellings. The structure is existing and the property owner will reside on site. Occupancy of the accessory dwelling is to be by a relative of the property owner. The site is located near the fringe of the neighborhood and allowing the proposed use should not impact nearby properties. The 1907 bill of assurance does not address use issues. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. The property owner must reside on-site. 2. Occupancy of the accessory dwelling is to be limited to family members of the property owner. 3. Compliance with the Utility Comments noted in Section 6 of the agenda staff report. Staff recommends approval of the request to have separate utilities. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 8 FILE NO.: Z-8415 NAME: G & K Day Care Center – Conditional Use Permit LOCATION: 9624 Baseline Road OWNER/APPLICANT: G. & K. Home Solutions/Terry Burruss, Architect PROPOSAL: A conditional use permit is requested to allow for construction of a new day care center and associated parking on this R-2 zoned lot. 1. SITE LOCATION: The property is located on the northeast corner of Baseline Road and Winston Drive, just north of I-30. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site fronts onto an arterial street in an area of mixed zoning and uses. An area of R-2 zoned, single family residences extends north of the site. An apartment development (also owned by this applicant) is located across Winston Drive to the west. What appears to be a vacant residential structure is located to the east and the large, AHTD campus is just beyond to the east. The C-3 zoned property to the south contains a mobile home park and several commercial uses. With proper attention given to landscaping the site and screening adjacent to the residential property, the use should be compatible with the neighborhood. All owners of properties located within 200 feet of the site; all residents within 300 feet who could be identified and the SWLR United for Progress and Town and Country Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The day care center is proposed to have 4 employees with a maximum enrollment of 49 children, requiring 8 on-site parking spaces. The applicant is proposing a single driveway off of Winston Drive. Four on-site parking spaces will be provided for use by those dropping-off or picking up children. The four employee spaces will be provided on the November 13, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8415 2 apartment complex parking lot located across Winston Drive to the west. Both sites are owned by the applicant. 4. SCREENING AND BUFFERS: Development of the site must comply with the City’s buffer and landscape ordinances. A nine (9) foot wide Land Use buffer is required on the site’s north and east perimeter where adjacent to R-2, Single Family zoned properties. A minimum of seventy 70% of the buffer must remain undisturbed. Screening is required on the site’s north and east perimeter where adjacent to R-2, Single Family properties. Screening should be a six (6) foot tall opaque wood fence built with the finished side facing the abutting properties. A nine (9) foot wide, landscaped, street buffer is required on the site’s south and west perimeters. The current plan does not provide the required landscape strip depth on these perimeters. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Baseline Road and Winston Drive. 2. Baseline Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 3. Due to the proposed use of the property, the Master Street Plan specifies that Winston Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 4. At time of site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Baseline Road including 5-foot sidewalks with planned development. 5. At time of development, sidewalks with appropriate handicap ramps are required on Winston Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. At time of development, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. At time of development, close old curb cut on Winston Drive. November 13, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8415 3 8. At time of development, obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: 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). The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development. Fire Department: No comments received. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) Matthew Sego was present, representing the application. Staff briefly described the proposed conditional use permit, noting that additional information was needed for the application. Staff noted that a Bill of Assurance was needed. Staff also stated that information relating to building height and design, signage, playground area, fencing, trash collection, site lighting and number of employees needed to be provided. Mr. Sego noted that the additional information would be provided. Vince Floriani, of Public Works, explained the required right-of-way dedication and street improvements. Staff explained that the property survey needed to be updated to provide the centerlines of Baseline Road and Winston Drive, to determine if the additional right-of-way dedication had an effect on the proposed site plan. Staff also reviewed the required landscape and buffer requirements. Staff noted that the site plan needed to include the required buffers, landscaped areas and screening. November 13, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8415 4 After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for construction of a day care center on the R-2 zoned lot located at 9624 Baseline Road. The owners of this property also own the apartments to the west and feel that a day care center at this location will not only serve the neighborhood in general but also provide a much needed service to the single parents residing in the apartments. The day care center is proposed to have a maximum enrollment of 49 children, with 4 employees. The applicant proposes to construct a one-story, 2,188 square foot building on the vacant lot. The building will be residential in character, with a masonry exterior and sloped roof. The maximum roof height will be 20 feet. A 6-foot tall, chainlink fence will enclose a playground area to be located behind the building. A 6-foot tall opaque wood fence will be placed along the east and north perimeters where the abutting properties are zoned residential. Signage will consist of a single, 64 square foot, 6-foot tall monument style ground sign. Wall signs are permitted on the west and south facades of the building, facing the abutting streets. Days and hours are proposed as 6:00 a.m. to 6:00 p.m., Monday through Friday. No dumpster will be placed on the site. The dumpster at the apartment complex, also owned by the applicant, will be used, if necessary. The bill of assurance for Winston Subdivision was amended in 1968 to allow use of this lot for multifamily or quiet business uses. A day care center with an enrollment of 49 children, with 4 employees requires 8 on-site parking spaces. The site plan submitted by the applicant proposes 4 parking spaces on-site. The applicant proposes to make those 4 spaces available for parents dropping-off or picking-up children. The applicant also owns the apartment complex across Winston Drive. He proposes to have the 4 employees park on the apartment property. The apartment complex consists of 63 one-bedroom apartment units. The site contains 69 parking spaces. The applicant contends that 15 to 20 of the parking spaces are vacant due to number of persons residing in the complex and the lack of vehicle ownership by some of the residents. The Zoning Ordinance requires 1 ½ parking spaces per apartment, regardless of the number of bedrooms. Staff believes it is reasonable to allow 4 parking spaces to be used by employees of the day care center, since all of the apartments are one-bedroom units and will likely generate lesser parking needs than a development that contained two and three bedroom units. November 13, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8415 5 As long as the day care center and apartment development remain under common ownership, the shared parking arrangement should work. As a part of the day care request, the applicant is proposing to restripe the existing apartment parking lot, to screen the two dumpsters on the apartment complex to comply with code, to improve the entry drives and to provide additional landscaping on the apartment property. These improvements, combined with the landscaping associated with the day care, will visually improve the entry to the Winston Subdivision. Required right-of-way for Winston Drive is in place. Right-of-way in place for Baseline Road is currently 50 feet from the centerline. The Master Street Plan requires 55 feet from centerline, for a total of 110 feet. The applicant will dedicate the required right-of-way. There will still be sufficient space to comply with zoning building setbacks and landscape/buffer ordinance requirements without any variances. To staff’s knowledge, there are no outstanding issues. The property is located on an arterial street, at the edge of the residential neighborhood, in an area of mixed uses. The proposed use appears appropriate for the site. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Use of the playground is to be limited to daylight hours. 3. Any site lighting is to be shielded, directed downward and into the site. 4. Use of the building as a day care center is tied to common ownership of this site and the apartment property across Winston Drive to the west. If either property is sold apart from the other, the site must be returned to the Planning Commission for review and approval to continue its use as a day care center. A covenant regarding the shared parking is to be created and filed of record with the County Clerk prior to issuance of a building permit. Staff recommends approval of the variance to allow reduced on-site parking. November 13, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8415 6 PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 9 FILE NO.: Z-8416 NAME: Collegiate Choices Charter School – Conditional Use Permit LOCATION: 1215 S. Schiller Street OWNER/APPLICANT: Liberty Hill Baptist Church/ Todd Rice, CBC Hathaway Group PROPOSAL: A conditional use permit is requested to allow a portion of the existing church building on this R-4/C-3 zoned property to be used for a charter school. 1. SITE LOCATION: The site is located at the southeast corner of West 12th Street and S. Schiller Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The existing church is located on an arterial street in an area of mixed zoning and uses. The Arkansas Children’s Hospital campus is located generally northeast of the site. The block of O-2 zoned property directly to the north is undeveloped. Properties to the east are zoned O-3 and R-4 and contain a barber shop and the church parking lot. Kids First Child Development Center, a function of UAMS, occupies the C-3 zoned block located to the east. Single family and two-family residences are located to the west and south. The school proposes to utilize one building of this existing church. The existing parking lots will be used as well. Allowing the addition of the proposed school to this existing institutional site appears to be compatible with the neighborhood. All owners of properties located within 200 feet of the site; all residents within 300 feet who could be identified and the Capitol Hill and Central High Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The proposed school will have an enrollment of up to 216 students in grades 5 through 8. Staffing will consist of no more than 20 persons. The church property includes a 40+ space parking lot located south of the November 13, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8416 2 building and a 50+ space parking lot located across the alley to the east of the building. Staff parking will occur in a portion of the parking lot south of the church. The rear portion of that parking lot will be utilized as an outside play area. The parking lot to the east of the church will remain available for use as needed. Drop-off or pick-up of students is proposed to occur at the front door of the education facility, on the Schiller Street side. The street is wide enough to accommodate two-way traffic and still allow a safe parking area adjacent to the curb in front of the building for drop-off and pick-up. Prior to the start of the school year, instructions will be provided to all parents regarding drop-off and pick-up procedures. Those bringing students to the school or picking students up will be directed to arrive from the south. They will then exit to the north, onto West 12th Street. A paid traffic officer will be utilized to facilitate traffic movement through the Schiller Street/West 12th Street intersection. School staff will oversee the drop-off and pick-up process directly in front of the school. The City is agreeable to a plan to mark the area in front of the building for drop-off and pick-up during designated hours each school day. 4. SCREENING AND BUFFERS: No comments on this use-only issue. Any additional development of buildings or parking areas will require compliance with the City’s landscape and buffer ordinances. 5. PUBLIC WORKS COMMENTS: 1. Provide a traffic flow plan for faculty access and student drop-off and pick-up. 2. At the time of development, if the alley is planned to be used for proposed traffic patterns, the alley should be repaved for your use. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. November 13, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8416 3 Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comments received. County Planning: No Comments. CATA: This site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) Todd Rice was present, representing the application. Staff briefly described the proposed conditional use permit for a charter school. Staff noted that a copy of the current Bill of Assurance needed to be provided. Mr. Rice explained that a title company had searched for a Bill of Assurance, but could not locate one. Staff noted that some additional information was needed related to a signage plan, playground area, drop off/pick-up areas and days/hours of operation. Mr. Rice indicated that the additional information, along with a corrected survey, would be provided to staff. He explained that the church is not currently using the portion of the building proposed for the charter school. The Public Works requirements were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: Liberty Hill Baptist Church is located on the R-4 and C-3 zoned property at 1215 S. Schiller Street. The church’s two-story brick, education building is located on the north perimeter of the site. The education building is currently not being used by the church. A conditional use permit is requested to allow Collegiate Choices to operate a charter school for children in grades 5 through 8 in the education building. The Charter School is anticipated to open with an initial enrollment of 100 students; expanding to its total enrollment of 216 students by the beginning of the second year of operation. The school plans on a staff of no more than 20 persons. Hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Thursday and 7:00 a.m. to 4:30 p.m. on Friday. The school will be closed to normal classroom activity on weekends. The church property contains a 40+ space parking lot located south of the church building and a 50+ space parking lot located across the alley, east of the building. Employee parking will occur in the front (west) portion of the south parking lot. November 13, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8416 4 The rear (east) portion of the south parking lot will be used for playground area. The parking lot east of the alley will remain available for use if needed. An existing small playground belonging to the church, located east of the alley, will also be used. Staff is not aware of any outstanding issues. The applicant has responded to issues raised at Subdivision Committee. A traffic circulation/drop-off and pick-up plan has been submitted and approved by staff as reflected in Section 3 of the agenda staff report. The 1925 bill of assurance does not address use issues. The applicant is proposing to utilize an under-utilized portion of this existing church. No exterior changes are proposed other than for the use of a portion of the south parking lot for a playground area. Staff believes the proposed use is compatible with uses in the area. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Signage is to be limited to that allowed in office and institutional zones. 3. A 6-foot tall, opaque, wood screening fence is to be erected on the south and east perimeters of the playground area located south of the church building. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 10 FILE NO.: Z-6096-C NAME: Chenal Valley Montessori School – Conditional Use Permit Revocation LOCATION: 15717 Taylor Loop Road OWNER/APPLICANT: Chenal Valley Montessori School/Dorothy Moffett PROPOSAL: Revocation of March 17, 2005 Conditional Use Permit which allowed for expansion of facilities and enrollment for this existing private school. The site is zoned R-2. The Chenal Valley Montessori School is located on the R-2 zoned property at 15717 Taylor Loop Road. On March 14, 1996, a Conditional Use Permit (C.U.P.) was approved to allow for the construction of a 1,620 square foot, residential-style building and a thirteen (13)-space parking lot. At the time of approval, the school was to have an enrollment of thirty (30) students. On April 30, 1998, a revision to the C.U.P. was approved to allow for the expansion of student enrollment to forty-eight (48) students. The second floor of the existing building was finished-out to accommodate an office and two (2) classrooms; however, no other changes were proposed at that time. On June 22, 2000, the Little Rock Planning Commission denied a revised C.U.P. to allow for the construction of a two (2)-story building on the site, which was to contain a gymnasium and four (4) classrooms. Also included was the addition of four (4) parking spaces and the expansion of the school’s enrollment to ninety- eight (98) children. The applicant appealed the Planning Commission’s denial to the Little Rock City Board of Directors; however, prior to the Board hearing, the proposal was modified slightly reducing the building in scale, and on August 15, 2000, the Board voted to return the item to the Planning Commission. On September 14, 2000, the Commission approved the modified C.U.P.; however, opponents of the project appealed the decision to the Board of Directors. On November 8, 2000, at the applicant’s request, the Board passed Resolution No. 10, 925, which rescinded the Planning Commission’s approval. On October 3, 2002, the Planning Commission denied a C.U.P.; which would have allowed for the development of a new Montessori School on nearby Forest Lane to replace the existing campus. The new, five (5)-acre campus was to include three (3) buildings, thirty-one (31) parking spaces and an enrollment of 110 students. The applicant appealed the denial to the Board of Directors, and again, the proposal was modified prior to the Board Meeting. On January 21, November 13, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-6096-C 2 2003, the Board voted to return the item to the Planning Commission. The Planning Commission approved the C.U.P. on February 20, 2003, and there was no appeal at that time; however, the applicant subsequently determined that it was too expensive to build the Forest Lane School. On March 17, 2005, the Commission approved a proposal for the construction of a second building on the Taylor Loop Road site. The proposed building, which was 3,000 square feet in area, was to contain two (2) classrooms, an activity room and a school office. In addition, an expanded parking lot and drop-off area were to be included with the building. The school currently had an enrollment of eighty (80) children, with forty-five (45) located at this site and an additional thirty- five (35) located at nearby Central Baptist Church. The applicant proposed to consolidate the school to the Taylor Loop site and cease utilizing the church; however, no increase in the school’s enrollment above eighty (80) children was proposed at that time. A record objector appealed the Commission’s action to the Board of Directors. On June 7, 2005, the Board upheld the Commission’s approval of the C.U.P. The record objector then filed suit against the City in an effort to reverse the City’s action in approving the C.U.P. That action has been in various courts since that time. Subsequently, the applicant chose not to build the second building or to increase the enrollment at the Taylor Loop Road site. A new building was constructed on Cantrell Road. In an effort to bring closure to the lawsuit, the applicant has requested withdrawal of the 2005 approval. The Taylor Loop school site is currently licensed by the State Department of Human Services to have 38 students. The applicant has stated she has no plans to increase the number of students at 15717 Taylor Loop Road from the number she is currently licensed to serve. STAFF RECOMMENDATION: Staff recommends that the Conditional Use Permit approved by the Planning Commission on March 17, 2005 and subsequently upheld by the Board of Directors on June 7, 2005 (Z-6096-C) be revoked as requested by the applicant. SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) The applicant was not present. Staff briefly described the proposed conditional use permit revocation to the Committee. Staff noted that the school in question November 13, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-6096-C 3 had a new location to the north along Cantrell Road, and that the property along Taylor Loop Road was no longer needed for the school use. After the brief discussion, the Committee forwarded the application to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was not present. There were no objectors present. Staff presented the item and recommended revocation of the C.U.P as noted in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved for revocation with a vote of 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 FILE NO.: Z-3371-X, ITEM NO.: 11 Z-3371-Y, Z-3371-Z NAME: Crain Automobile Dealerships – Conditional Use Permit LOCATION: Lots 9, 10 and 11, Village at Brodie Creek; Northwest of I-430 and Colonel Glenn Road OWNER/APPLICANT: CGBRD, LLC/Crain Investments PROPOSAL: Revocation of May 22, 2008 Conditional Use Permits which allowed for construction of three (3) automobile sales businesses on these C-2 zoned properties. On May 22, 2008, the Planning Commission approved conditional use permits to allow automobile dealerships to be constructed on three lots of the 80+ acre, C-2 zoned tract located northwest of the I-430/Colonel Glenn Road interchange. The C.U.P.’s were for three contiguous lots located adjacent to the interstate (Lot 9, Z-3371-X; Lot 10, Z-3371-Y; Lot 11, Z-3371-Z). The development of each lot was to consist of a 30,000+ square foot building and associated parking/vehicle display area. Each application was approved on the Commission’s consent agenda. To date, no development of the site has occurred. On October 2, 2008, the Commission approved a C.U.P. for this same applicant to allow an automobile dealership on Lot 13 of the Village at Brodie Creek. The applicant stated he was not going to pursue the development of the three previously approved C.U.P.’s and the Lot 13 proposal was, in effect, to replace those prior approvals. He offered, as a condition of the Lot 13 approval, to request revocation of the previous approvals on Lots 9, 10 and 11. The Commission’s approval of the Lot 13 C.U.P. on October 2, 2008 included the condition, as proposed by the applicant, that the C.U.P.’s for Lots 9, 10 and 11 be revoked. STAFF RECOMMENDATION: Staff recommends that the conditional use permits approved on May 22, 2008 to allow automobile sales on Lots 9, 10 and 11 of the Village at Brodie Creek (Z-3371-X, Z-3371-Y and Z-3371-Z) be revoked as requested by the applicant. November 13, 2008 FILE NO.: Z-3371-X, ITEM NO.: 11 (Cont.) Z-3371-Y, Z-3371-Z 2 SUBDIVISION COMMITTEE COMMENTS: (OCTOBER 23, 2008) The applicant was not present. Staff briefly described the proposed conditional use permit revocation to the Committee. Staff noted that the revocation was a follow-up to the conditional use permit approved on October 2, 2008 for an auto dealership immediately south of these sites. There being no further issues for discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was present. There were no objectors present. Staff presented the items and recommended revocation of the C.U.P.’s as noted in the “staff recommendation” above. There was no further discussion. The items were placed on the consent agenda and approved for revocation with a vote of 7 ayes, 0 noes, 2 absent and 2 open positions. November 13, 2008 ITEM NO.: 12 FILE NO.: Z-8397-A NAME: Aloft Hotels Short-form PCD LOCATION: Located at 421 President Clinton Avenue DEVELOPER: McKibbon Hotel Group, Inc. 402 Washington Street, Suite 200 Gainesville, GA 30503 SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECT: AMR Architects, Inc. 201 East Markham Street, Suite 150 Little Rock, AR 72201 AREA: 0.4358 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial – All indoor PROPOSED ZONING: PCD PROPOSED USE: Mixed Use including Retail and a Hotel VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On October 27, 2008, the Little Rock Zoning Board of Adjustment was to hear a request for specific variance requests to allow for future development of an aloft hotel on this site. The applicant requested the item be withdrawn from consideration prior to the public hearing. November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 2 APPLICANT’S STATMENT: Pursuant to Ordinance No. 18,961 the River Market District was established for the express purpose of creating a location for business, cultural, residential and entertainment activities. With its eclectic mixture of old and new structures, the River Market District houses various retailers, restaurants, bars, clubs, loft apartments, offices and condominiums. The district is home to the Little Rock City Library, the Clinton Library, Heifer International Headquarters, the Statehouse Convention Center and various hotels, including the Courtyard by Marriott, the Capitol Hotel and the Peabody. The proposed development of an aloft hotel fits squarely with the land use goals of the River Market District and would certainly be harmonious with the character of the neighborhood. Currently, the property located at the corner of Commerce Street and President Clinton Avenue is used as a surface parking lot. The proposed use of the property as a hotel, with some retail use, are uses which are sought and encouraged by the ordinance establishing the River Market Overlay District. Since several types of retail use will be present on the property the developer is requesting an application for a Planned Commercial Development, (“PCD”) to accommodate the multiple uses. In connection with the PCD application, some variances are requested. While some variances are necessary to achieve the purposes and intent of the development, such variances have been anticipated considering the styles and uses found within the River Market District borders. An aloft hotel would further the intent upon which the district was established. The River Market District is an amalgamation of architectural styles from small simple one story structures, to renovated four story loft buildings, to multi-story structures, all ranging from classical designs to those with modern architecture. Many buildings located within the district currently exceed the forty eight (48) foot height limit in the area and still blend in with the surrounding structures; including the City Library at sixty five (65) feet high, the First Security Center at approximately one hundred seventy (170) feet high, the River Market Hall and the Museum Center. At approximately ninety (90) feet tall (a building height of seventy eight (78) feet, with an architectural feature of twelve (12) feet on the top of the building), the proposed development is not a relatively tall building being half of the size of the nearby First Security Center and considerably smaller than other condominium towers and the Acxion Center. We believe the proposed development will be compatible with the surrounding River Market District area. The hotel’s “L” shaped configuration will give space and natural light to the adjacent library buildings and open new pedestrian ways adjacent to these structures, which will in turn encourage a festive and pedestrian atmosphere for which the district was established. November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 3 The development of an aloft hotel will add one hundred thirty six (136) new hotel rooms and additional meeting space to the City and bring a nationally recognized brand, Starwood Hotels and Resorts, to the Little Rock market. Along with the two existing hotels in the immediate vicinity, the Courtyard by Marriott and the Hampton Inn and Suites, the aloft hotel will increase the number of available rooms to over three hundred eighty (380) rooms making Little Rock more attractive to major conventions and events. Such visitors and conventioneers will shop and dine in the district, thereby enhancing the already desirable environment in the River Market District. Further, the aloft hotel is oriented toward a younger market bringing a different lodging product and option to the market, marking the River market desirable to even more people. An aloft hotel, with its orientation toward a younger clientele, can bring new life and energy to this area on a daily basis. The proposed development would create a quality property benefiting the River Market District by bringing a $20 million construction project to the area that will create new jobs in the area. In addition, the property taxes would increase from approximately $1,452 per year to approximately $280,000 per year benefiting the district and all of Little Rock. The proposed development will also contain retail space on the first floor, providing patrons greater shopping and dining options in the area. McKibbon Hotel Group, Inc. has developed and operated other hotels in the area including the Courtyard by Marriot and the Hampton Inn and Suites. During the development of their other properties, McKibbon has worked actively with the City during the design and construction phases and is committed to containing this practice for the proposed development. Their developments have encouraged visitors to lodge in the River Market, thereby increasing the number of visitors who dine and shop in the district. The proposed development aims at creating an innovative option for patrons of the district and increasing the overall use of the area. During the planning and development process for this hotel, McKibbon has worked with property owners in the vicinity of the planned development to gather input and ideas on how to make the aloft hotel a welcome addition to the River Market area. The project as presented reflects a collaborative effort to bring even more vitality to this part of Little Rock. A. PROPOSAL/REQUEST: The request is a rezoning from the current UU, Urban Use District to Planned Commercial Development, PCD to allow the construction of a new seven (7) story building containing retail and a hotel on this 0.44 acre site. The hotel is proposed with a zero setback along the abutting streets. The maximum building height proposed is 90 feet. The building will be seven stories facing President Clinton Avenue and Commerce Street stepping down to five stories and then three stories adjacent to the alley separating the development and the Cox November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 4 Center. A single story structure is located on the interior of the site adjacent to the Cox Center and the Budget Office building. The site plan includes a 136 room hotel with the ground floor fronting President Clinton Avenue dedicated to retail. The retail will turn the corner onto Commerce Street connecting to the hotel lobby. The request includes variances from the typical standards established in the River Market Design Overlay District. These variances include signage, building height, landscaping, projections over and into the right of way and curb cuts. The development is proposed with parapet signs, wall signs, projecting signs, and awnings. Each of the signs may require more than one variance from the standards established in the River Market DOD. Each of the variances has been identified in the Analysis section of this report. B. EXISTING CONDITIONS: The site is a surface parking lot with a small police substation located on the corner of President Clinton Avenue and Commerce Street. The area is the River Market entertainment district with the River Market Hall and Museum Center located to the north. South and west of the site are buildings owned and occupied by the Central Arkansas Library System. There is a parking garage located to the southeast of the site and a restaurant located to the east. The remainder of the area contains office, residential, commercial including restaurants, bars and hotels. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational inquires concerning the proposed development. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet, the Downtown Neighborhood Association and the River Market 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. Sidewalks per the River Market Design Overlay District with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 5 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity contribution analysis required, contact LRWW for details. 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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: 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. The site is located on the Trolley Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban for this property. The applicant has applied for a rezoning for a Planned Commercial Development. November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 6 The request does not require a change to the Land Use Plan. Master Street Plan: President Clinton and Commerce 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. Bicycle Plan: A Class III bike route is shown along Commerce 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 located within an area not covered by a recognized City of Little Neighborhood Action Plan but is part of the Downtown Little Rock Framework for the Future plan. Landscape: The site is located within the River Market Design Overlay District which has established standards for the type and placement of street trees, including design of sidewalks and tree grates. G. SUBDIVISION COMMITTEE COMMENT: (October 23, 2008) Mr. Rick Redden of AMR Architects was present representing the request. Staff presented an overview of the development stating the site was located within the River Market area of the City and was proposed for future development as a mixed use development including a multi-story hotel. Staff stated the site was zoned UU, Urban Use District and was located within the River Market Design Overlay District. Staff stated the DOD established a number of development criteria including building heights, design standards for signage and typical landscaping requirements. Staff stated the design as proposed exceeded a number of the typical development criteria established in the Overlay. Planning staff comments were addressed. Staff requested a ground floor footprint to identify the areas proposed for commercial activity. Public Works comments were identified noting the comments were related to the future development of the site including repair or replace any curb and gutter or sidewalk that was damaged in the public right-of-way prior to occupancy. Staff also stated sidewalks per the DOD with appropriate handicap ramps were required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Landscaping comments were addressed. Staff stated the developers were requesting a variation from the typical standard for street trees along Commerce Street. Mr. Redden stated there were three trees on Commerce Street. He November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 7 stated the southern-most tree would be removed and an additional tree would be installed to the south nearer the alley. He stated, based on the location of the pull-off and the trolley poles, the required number of trees could not be achieved. Staff stated the tree spacing in this area was approximately 97 feet as opposed to the typical 30 feet on center. H. ANALYSIS: The applicant submitted the requested additional information to staff from issues raised at the October 23, 2008, Subdivision Committee meeting. A floor plan for the first floor of the structure has been provided to identify the proposed retail areas. The request is a rezoning request from UU to PCD to allow the construction of a 136 room aloft hotel. There are variances from the typical standards of the River Market Design Overlay District. The items identified with variances are the building height, exterior skin of the building, signage, projections within and over the right of way and street trees. The proposed building is a seven-story hotel (136 beds) with the hotel entrance located on Commerce Street. Retail will face President Clinton Avenue and Commerce Street abutting the hotel lobby. Sec. 36-356. Building form. (a) Materials. (1) Historic materials or distinctive architectural features shall not be removed or hidden. (2) The type of materials and their color, texture, scale and detailing shall be compatible with those of buildings on adjacent sites. (3) Surface cleaning of historic structures shall be done with the gentlest possible method. Physical or chemical treatments, such as sandblasting or high pressure water cleaning, that cause damage to historic material shall be prohibited. (b) Roof types. Building roofs shall relate to the overall size, shape, color and texture of roofs of buildings within the district. (c) Openings. (1) Historical upper facade windows shall retain original dimensions and details. (2) Historical storefront configuration shall not be altered. (3) New construction shall have a pattern of windows and doors that resemble similar patterns on facades of adjacent buildings. (4) Primary entrances shall be parallel with the street. (d) Style and form. (1) New construction shall not exceed four (4) stories in height or a total height of forty-eight (48) feet. (2) Buildings shall maintain the distinction between upper and lower levels. (3) Historical context of buildings shall be restored to original designs. (e) Mass. (1) New construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites. (2) The primary facade of a building shall be oriented parallel with the street. The exterior of the building will be primarily brick, glass, black aluminum composite panels and possibly cast stone. The brick will encompass the main body of the building with the black aluminum composite panels and white cast stone accents on the corner of the building at Commerce Street and President Clinton Avenue. The brick will be two colors with a darker color of brick to break up the facade of the structure and to acknowledge the height of the adjacent Cox November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 8 Center and the old Budget Office Center building. The ordinance states new construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites. The hotel construction is wider than the typical building width on adjacent lots, but with the differing building materials, it appears to be visually broken into smaller units. The first floor will be metal and glass contemporary storefront windows and doors. Retail space will face President Clinton Avenue and will turn the corner on Commerce Street to abut the hotel lobby. The main entrance to the hotel is on Commerce Street. Horizontal accent lights of blue and gold are located between the second and third floors, the fourth and fifth floors and the sixth and seventh floors. The horizontal accent lighting does not illuminate signage and is simply decorative lighting on the building. The first floor will be built at the north property line to continue the line of the Arkansas Studies Institute and the adjacent historic buildings along President Clinton Avenue. While the first floor façade will be at the north property line, the second floor and above will be set back from the property line two feet two inches (2’-2”). The Commerce Street façade will set back in a similar fashion. The west side of the building on President Clinton Avenue will be notched and lowered to five floors and the south side of the building on Commerce Street will be notched with two steps in height resulting in a three story and a five story building height to reflect the similar heights of the existing buildings next door (the old Budget Office building and the Cox Center). There will be flagpoles mounted on the east side of the building roughly on the third floor. Flagpoles are not covered in the DOD, but will require franchises, since they will be located in the public right-of-way. There are multiple signs on the building. They are as listed: parapet sign facing east on Commerce Street, parapet sign facing north on President Clinton Avenue, projecting sign on entrance awning on Commerce Street, projecting sign on north façade on President Clinton Avenue, bar sign on Commerce Street and wall sign facing west on alley. Each sign will be described and then followed by the variances that it will require. (The text of the ordinance is in italics.) The parapet sign facing east on Commerce Street has the text “aloft” and “w hotel” below. The lettering height is 7’-10” tall for “aloft” and 3’-9” tall for “w hotel”. The sign measures 21’-6” wide for the “aloft” text and 16’-0” wide for the “w hotels” text. The sign is mounted above the seventh floor of the building on an architectural element. The square footage of the sign will be approximately 168 square feet for the “aloft” and 60 square feet for the “w hotel”. The signs will be internally illuminated. Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 9 Sec. 36-353 (c) (1) a “Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building”. Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) a “Letters shall not exceed one and one-half (1 1/2) feet in height.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” The parapet sign facing north on President Clinton Avenue has the text “aloft”. The lettering height is 7’-10” tall and measures 21’-6” wide. The sign is mounted above the seventh floor of the building on an architectural element. The square footage of the sign is approximately 168 square feet. The sign will be internally illuminated. Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” Sec. 36-353 (c) (1) a “Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building”. Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) a “Letters shall not exceed one and one-half (1 1/2) feet in height.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” A wall sign on the east façade (Commerce Street) of the building on the first floor to advertise the hotel bar is indicated. The text is “W XYZ” and the letters are 12”. The sign is mounted below the second floor windowsill. The sign measures 16’-0” by 2’-2” tall for approximately 35 square feet. The sign is internally illuminated. Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 10 Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” A wall sign facing west on the alley is indicated. The text “aloft” and “w hotel” underneath is proposed. The “L” in aloft is 4’ tall and the entire lettering is 15’ wide. The lettering height of “w hotels” is 9” and the length is 6’. The sign is mounted on the seventh floor of the building. The sign square footage is a 60 square feet for the “aloft” text and 4.5 square feet for the “w hotels” text. The sign will be internally illuminated. Sec. 36-353 (a) (1) c “Wall signs shall be confined to the flat surface of the building and shall not project more than five (5) inches from the building façade.” Sec. 36-353 (a) (1) h “All signs must face public street right-of-way except those permitted on facades facing the Arkansas River.” Sec. 36-353 (a) (2) f “Internally illuminated signs are prohibited.” Sec. 36-353 (c) (1) a “Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single story building”. Sec. 36-353 (c) (2) “Signs shall not exceed one quarter (1/4) of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty- five (25) square feet per sign.” Sec. 36-353 (c) (3) a “Letters shall not exceed one and one-half (1 1/2) feet in height.” Sec. 36-353 (c) (3) b “Letters shall not exceed three-quarters (3/4) of the height of the sign.” Sec. 36-353 (c) (3) c “Letters shall not exceed sixty (60) percent of the total area of the sign.” On President Clinton Avenue there will be a projecting sign on the north façade of the building. The text will read “aloft “ and “w hotel”. The lettering is a maximum of 18 inches tall. The sign is mounted on the building above the fourth floor windowsill. The sign is 6’-5” wide by 4’-6” tall or 29 square feet. The sign is internally illuminated. The sign will be extend 6’-5” from the face of the building. The sign is 18” thick. November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 11 Sec. 36-353 (e) (1) b “Height of projecting signs shall not extend past the sill of the second story windows.” Sec. 36-353 (e) (1) c “Projecting signs shall extend a maximum of three (3) feet from the face of the building.” Sec. 36-353 (e) (2) a “Projecting signs shall have a maximum of twelve (12) square feet of sign face per sign.” Sec. 36-353 (e) (2) b “Thickness of projecting signs shall be limited to five (5) inches.” Sec. 36-353 (e) (4) a “Internally lit signs are prohibited. When projecting signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.” On Commerce Street a projecting sign mounted on the hotel entrance awning is proposed. The text “aloft “ and “w hotel” are indicated. The letters are a maximum of 18 inches tall. The sign is mounted on the awning at the street edge. This will equate to being above the second floor windowsill. The sign is 6’-5” wide by 4’-6” tall or 29 square feet. The sign is internally illuminated. The sign will extend 5’-5” from the face of the building. The projecting sign is 18” thick. Sec. 36-353 (e) (1) b “Height of projecting signs shall not extend past the sill of the second story windows.” Sec. 36-353 (e) (1) c “Projecting signs shall extend a maximum of three (3) feet from the face of the building.” Sec. 36-353 (e) (2) a “Projecting signs shall have a maximum of twelve (12) square feet of sign face per sign.” Sec. 36-353 (e) (2) b “Thickness of projecting signs shall be limited to five (5) inches.” Sec. 36-353 (e) (4) a “Internally lit signs are prohibited. When projecting signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.” There are five (5) signs proposed, two on the parapet, two projecting and one on the west wall. Sec. 36- (3) (c) b. “Signs shall not number more than three per business.” November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 12 The height of the building is 78 feet with an architectural element 12 feet for a total of 90 feet. The architectural element, a steel canopy covering the roof, resembles a swoof or wave. Sec. 36-356 (d) (1) “New construction shall not exceed four (4) stories in height or a total height of forty-eight (48) feet.” The awnings over the retail space on President Clinton Avenue project 7’ from the building facade with a clearance of 8’ from the sidewalk. The UU Zoning District standard allows an 8’ clearance from the sidewalk. The River Market DOD requires 9’ clearance. Sec 36-356 (f) (2) “Awnings shall not project more than five (5) feet from the building façade and have a minimum clearance of nine (9) feet above the sidewalk.” The awning over the entrance to the hotel located on Commerce Street will project 12’ from the building façade with a clearance of 9’ from the sidewalk. Sec 36-356 (f) (2) “Awnings shall not project more than five (5) feet from the building façade and have a minimum clearance of nine (9) feet above the sidewalk.” There are three existing street trees on Commerce Street abutting the site. Two of the trees will be removed and a new tree will be installed near the alley resulting in two (2) trees along Commerce Street. Installation will conform to the DOD. The spacing of the trees is approximately 97 feet. Sec 36-358 (c) (1) “Trees shall be thirty (30) feet on center and two (2) feet off back of curb.” A vehicle drop-off for the hotel entrance on Commerce Street is indicated. The sidewalk will remain intact with additional paving added to each end of the drop off to create bulbs. The drop off will be created within the existing right of way and is eight (8) feet wide. The bulbs will define the vehicle arrival/drop off/taxi loading area. Section 36-361 (a) (2) states “Existing curb cuts on President Clinton Avenue, Commerce, Sherman and Rock Streets shall be removed or minimized to reduce conflict with pedestrian traffic.” The curb cut will be modified from a parking lot entrance to a drop off for the hotel. (No variance is required.) All streetscape items such as sidewalks, street trees, benches, curbs, planting strips, tree grates, etc., must be replaced or repaired per the DOD upon the completion of construction. Doors for the retail spaces along President Clinton Avenue require a variance to permit swinging into the right-of-way. November 13, 2008 ITEM NO.: 12 (Cont.) FILE NO.: Z-8397-A 13 Sec 36-342.1 (c) (7) Urban Use District “Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line.” While the generic term River Market area covers an area extending south and west of this site, the River Market DOD covers only the area bounded by Cumberland Street, Second Street, roughly I-30 and the Riverfront Park. The area encompassed by the River Market Design Overlay District has a variety of building heights ranging from the one story buildings in the 500 Block of President Clinton Avenue (Sticky Fingerz) to the multi-storied Fones Warehouse building that is now the main branch of the Central Arkansas Library System. Two new structures have been built in the Overlay District which have required height variances, First Security Building constructed to fourteen stories and the River Market parking deck constructed to seven stories. Staff is continuing to review the proposed request with regard to the overall development plan and the proposed variances from the typical standards of the River Market Design Overlay District. I. STAFF RECOMMENDATIONS: Staff recommendation is forthcoming. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request on November 13, 2008, requesting the item be deferred to the December 18, 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 of waiver of the Commission’s By-laws with regard to the late withdrawal request. The motion carried by a vote of 6 ayes, 1 no, 2 absent and 2 open positions. 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 7 ayes, 0 noes, 2 absent and 2 open position. November 13, 2008 ITEM NO.: 13 FILE NO.: MSP2008 Name: Master Street Plan Source: Staff PROPOSAL / REQUEST: The City of Little Rock has the authority to adopt a Master Street Plan to set guidelines for growth and function of the city’s street and highway pattern. The current version of the Master Street Plan was adopted August 2, 2004 by Ordinance 19,152. Since that time, there have been several small amendments to the document. The Master Street Plan document as a whole needs to be updated periodically to ensure the plan is current and up-to-date. The proposed amendment is this type of update. Staff was asked in the fall of 2007 to review a few issues in the Master Street Plan. Upon review, staff discovered several omissions and typos that needed correcting. Over the winter of 2007-2008, several meetings between Planning staff and Public Works staff were held to address these issues. A new draft emerged from these meeting with several changes to the current version. This new draft was posted on the City of Little Rock’s website in the spring of 2008 and a letter with a list of proposed changes and a link to the online draft was sent to approximately 50 people on the city’s contact list. Staff presented the new draft to the Plans Committee in June 2008. The Plans Committee has no issues with this draft. A public meeting was held on August 14, 2008 at the Metroplan conference room to discuss these changes. Over 50 people were invited, but there were only about six attendees. Staff has received calls from citizens regarding this new draft, but there was no opposition to the amendment. These calls were mostly just clarification type questions. Most of the changes presented in this new draft are “clean-up” type changes. These changes are needed to ensure this document is consistent with previous changes over the years and to ensure there are no omissions from previous amendments. Following is a list of changes being considered. The first group of changes are formatting issues. 1. Current Situation: existing graphics Proposed Changes: modifying graphics for typical turn lane configurations. Removed duplicate drawings. 2. Current Situation: chart footnote currently says: "All minimum design standards comply with the 2001 AASHTO Policy on Geometric Design Manual, Fourth Edition." Proposed Changes: Changed to state: "All Minimum design standards comply with the latest version of the AASHTO Policy on Geometric Design Manual." November 13, 2008 ITEM NO.: 13 (Cont.) FILE NO.: MSP2008 2 3. Current Situation: organizational issues Proposed Changes: rearrange order of book. Move glossary to end and bring Authority to Section 1. Rearrange the design standards for each road classification to group all like elements together. Added "from" and "to" on special design standard listings. 4. Current Situation: The current Master Street Plan version does not include a map for the bike routes. Proposed Changes: Added another section to include bike route maps. The second group of changes deals with errors in the existing document based on research of all previous ordinances. 1. Current Situation: no definitions listed in glossary for these items Proposed Changes: Added definitions for Collector, Commercial Street, Local Street, Minor Arterial, and Principal Arterial. 2. Current Situation: no info on Minor Residential Street Proposed Changes: add a page for Minor Residential streets with a new graphic 3. Current Situation: Rahling Road was listed as a Principal Arterial on the special design standards Proposed Changes: According to Ord. 17183 this section (from Taylor Loop to Chenal Parkway) is a Minor. Move to correct section. 4. Current Situation: Under Principal Arterial special design standards, Chicot Road is listed with reduced right of way from I-30 Interchange to Taliferro/Hillsboro. Proposed Changes: In 2001, we showed Chicot Road with reduced design standards from Baseline to Mabelvale Cutoff. In 2004, we listed it with reduced standards from I- 30 to Taliferro/Hillsboro. We still show on the actual map that it is only from Baseline to Mabelvale Cutoff. This change would bring the reduced standards back to Baseline to Mabelvale Cutoff only as was originally approved by Ordinance 15964 on 11/20/90. 5. Current Situation: Under Minor Arterials with special design standards, Scott Hamilton Road was shown with reduced right of ways from 65th street to Baseline Road. Staff believes this stems back to Ordinance 17021 from 11/21/95. This Ordinance modified Scott Hamilton Road as a Minor Arterial. It had been classified as a Minor from the I-30 interchange to Baseline Road. This ordinance changed it to read “ from 65th Street to Baseline Road.” It did not say anything about reduced design standards. Proposed Changes: Remove Scott Hamilton Road from alternative design standards listing. November 13, 2008 ITEM NO.: 13 (Cont.) FILE NO.: MSP2008 3 6. Current Situation: West 36th is shown as a Minor Arterial with reduced design standards for two separate sections. Staff feels this should be changed to only be listed once. Proposed Changes: remove West 36th street from under “Right of Way 70 feet with a four-lane section, five lanes at major intersections with additional right of way.” 7. Current Situation: Fawn Tree was accidentally left on the map as Collector. Ordinance 17525 reduced it to a Local Street. Proposed Changes: show Fawn Tree as Local Street on new map. 8. Current Situation: Taylor Loop Road is shown as a Collector on the MSP. Proposed Changes: On Sept 18, 2001, Ordinance 18562 amended the MSP at Taylor Loop. This ordinance changed four things: "SECTION 1. That the Minor Arterial for an extension of Chenal Valley Drive from Taylor Loop at Lucky lane to Chenal Parkway at the northern intersection of Chenal Valley Drive be removed from the plan. SECTION 2. That the Collector from the previous named Minor Arterial eastward to connect with Rahling Road north of the Pebble Beach intersection be removed from the Plan. SECTION 3. That the La Marche Collector be realigned to intersect Taylor Loop Road at Lucky Lane on the Plan. Curb cuts will be limited to intersecting streets only. SECTION 4. That Taylor Loop Road from Lucky Lane north to Cantrell Road be reclassified from a Minor Arterial to a Collector. The design standard shall be a four-lane section with turn lanes as appropriate with an 80' right of way. This would require an addition of Taylor Loop Road on the Collectors with special design standards page. Staff recommends keeping Taylor Loop Road as a Collector with typical Collector design standards. 9. Current Situation: chart on page 2 of Section 3 Proposed Changes: Removed the row for “Minimum sight distance at crest of vertical curve.” Rearranged and added a footnote for Minor Residential streets requiring a parking restriction on one side of a street if only 24’ of pavement. 10. Current Situation: list of Collectors with special conditions Proposed Changes: College Street added as per Ordinance 18838. Changed “Unnamed Collector” to Sienna Lakes from Chicopee Trail to Crystal Valley (ORD 19109). November 13, 2008 ITEM NO.: 13 (Cont.) FILE NO.: MSP2008 4 11. Current Situation: University Avenue was shown as a Principal Arterial with special design standards on the map, but it was not listed separately. Proposed Changes: University Avenue from Lee to Markham listed as a Principal Arterial with special design standards (“100’ with typical lane cross sections”) as per the 2001 Master Street Plan listing. This listing was accidentally omitted in a later version. 12. Current Situation: On the map section, River Mountain Road as still shown as a Minor Arterial. Proposed Changes: According to Ordinance 17891, River Mountain Road should be shown as a Local Street. I have corrected this on the new map. 13. Current Situation: Goodson Road was shown as a Local Street on the existing map section. Proposed Changes: The new maps will show Goodson Road as a Collector as per Ordinance 17303. While the majority of these changes are very minor, there are three issues being addressed that are more significant. The first of these changes addresses the fact that Collectors are only required to have sidewalks on one side now. This amendment would require all Collectors or Commercial Streets to have sidewalks on both sides. The Public Works Department has already been requesting Commercial Streets to build sidewalks on both sides of the street and staff would like to see this incorporated into the actual Master Street Plan to ensure consistency between all developments. Another more significant change addresses parking on Minor Residential Streets. These streets currently allow a minimum pavement width of 24'. This amendment would change the requirement to a minimum pavement width of 26' with no parking restriction or a minimum of 24' with a parking restriction for one side. This change is to make sure that these narrow roads are safe for parking and moving traffic efficiently. The last change was included to address traffic calming measures. Currently the Master Street Plan does not address this topic at all, and this amendment would insert a paragraph to include traffic calming requirements. This is found on page 7 of the new draft. This amendment is an effort to design streets, which help move traffic efficiently without retrofitting these devices after the fact. STAFF RECOMMENDATIONS: Forthcoming. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) At the request of Staff the item was placed on the consent agenda for deferral to the February 19, 2009 hearing. By a vote of 7 for 0 against 2 vacancies the consent agenda was approved. November 13, 2008 ITEM NO.: 14 FILE NO.: 314 NAME: Crackerbox Annexation REQUEST: Accept 1.8 acres plus or minus to the City LOCATION: Northwest of the Kirby-Kanis intersection SOURCE: Sharon Wall, Davidson Law Firm, agent for owners GENERAL INFORMATION: • The area requested for consideration is currently undeveloped. • There is one tract with one owner. • The site is contiguous to the City of Little Rock along two sides. • The annexation request is to obtain sewer service and other City services. • The area in question is trapezoid in shape, 364 feet along the east, 284 feet along the north, 182 feet along the west and 332 feet along the south. • Currently the property is zoned C-1, Neighborhood Commercial with a Conditional Use Permit. • The property owners have indicated the intention to develop this land as a convenience store with gas pumps. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department has indicated they have no real concerns about the annexation of this land to the City of Little Rock. Police: The Little Rock Police Department has indicated they have no concerns or issues with the requested annexation. Infrastructure and Community Facilities: Central Arkansas Transit: No Comment Received. Parks and Recreation: No Comment Received. November 13, 2008 ITEM NO.: 14 (Cont.) FILE NO.: 314 2 Public Works: The Public Works Department Civil Engineering indicates they have no issues with the annexation of this land. Utilities: Central Arkansas Water: No Comment Received. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Wastewater Utility: The Little Rock Wastewater Utility has indicated that they have no objections to the requested annexation. The Utility is currently constructing mains in the area, which the property owner/developer should be able to connect to later this year. Southwestern Bell: No Comment Received. Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski Special School District. ANALYSIS: This land is a mostly cleared site at the northwest corner of Kirby and Kanis Roads. It is contiguous to the City Limits along its northern and eastern boundaries. There is an approximate rise of 18 feet from Kanis Road north and east. The high point is at the northeast corner of the property (on Kirby Road). Neither Kirby nor Kanis have been improved both remain narrow two-lane county roads with open-ditches. Several subdivisions were developed to the north and east of this area in the 1980s and early 1990s. More recently subdivisions have been developed and are developing to the south (a quarter of a mile or so) and the southwest (a quarter of a mile or so). There has been significant zoning activity at this intersection during the last couple of years. November 13, 2008 ITEM NO.: 14 (Cont.) FILE NO.: 314 3 The City Land Use Plan has designated this intersection for non-residential use for many decades. The land has been zoned C-1, Neighborhood Commercial for a number of years. A convenience store with gas pumps has been approved for this site. Kanis Road is shown on the City Master Street Plan as a Minor Arterial (4 or 5 lane road), while Kirby Road is classified as a Collector (3-lane road), neither road is built to standard. There is no regularly schedule bus route close to this site. The closest route is the West Markham Route (Route 5). At its closest point this route is over a mile to the northwest of the annexation area, Markham-Chenal intersection. This is vacant, undeveloped, land and with the development of this property, street and drainage improvements will be required of the private property owner for both streets (Kanis and Kirby Roads). In addition with the development, connection to the various utilities would be done at the cost of the developer. The Utilities and the City would only have future maintenance costs. There is development occurring to the northwest and southwest of this site. The areas to the south are developing and areas to the north and east have developed. While there are still areas in the immediate vicinity that have not developed or redeveloped, this site is on the western edge of the development within Little Rock. Suburban to urban development has already started further to the west both to the north and south, thus this area is a natural location for consideration of annexation to the City. The Little Rock Parks and Recreation Master Plan indicates that this site is within 8-blocks of an existing park or recreation area. There is a property owners’ association park where Markham turns into Kirby Road north of the annexation site. As part of the development of this land road construction and drainage improvements will be required of the developer. In both the case of the road construction and drainage improvements, the designs will have to be approved by the City Engineering section of the Public Works Department. Since the proposed use is non-residential, solid waste disposal will be by private contract and would not increase demand on the City’s solid waste collection system. There is a 12-inch line along Kirby Road and a 6-inch line along Kanis Road. At the time of development service lines will have to be extended at the cost of the development to provide service to the property. The Little Rock Wastewater Utility is extending service into this area. However to serve the site, the developer will have to extend a service line from the main to the development at their cost. Police Patrol vehicles already travel both Kirby and Kanis Roads to provide service to other areas currently within the City. Fire Station 20 is a little over half a mile to the north of the annexation on Oak Meadow Drive just west of Kirby November 13, 2008 ITEM NO.: 14 (Cont.) FILE NO.: 314 4 Road. Trucks already pass by this site in order to provide service to areas of Little Rock beyond this site to the southeast and southwest. Staff Recommendation: Approval PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) The item was placed on the consent agenda for approval. By a vote of 7 for 0 against 2 vacancies the consent agenda was approved.