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pc_03 15 2007 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MARCH 15, 2007 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Gary Langlais Chauncey Taylor Troy Laha Jerry Meyer Jeff Yates Darrin Williams Mizan Rahman Robert Stebbins Members Absent: Pam Adcock Fred Allen, Jr. Lucas Hargraves City Attorney: Cindy Dawson III. Approval of the Minutes of the February 15, 2007 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MARCH 15, 2007 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-8101 Rezoning from R-3 and O-3 to O-2 and C-3 1311 and 1401 Bishop Street B. Z-3879-B Chicot Elementary School – Revised Conditional Use Permit 11,100 Chicot Road C. Z-8139 Hampton Day Care Center – Conditional Use Permit 1602 Welch Street D. Z-8154 Whitmore Day Care Family Home – Special Use Permit 9104 Woodford Drive E. Z-8165 West Little Rock School – Conditional Use Permit Southeast side of Rahling Road; south of Pebble Beach F. LU06-19-08 A Land Use Plan Amendment in the Chenal Planning District changing from Single Family, Low Density Residential and Suburban Office to Mixed Office Commercial south of State Highway 10 at State Highway 300. G. LU07-09-02 A Land Use Plan Amendment in the I-630 Planning District at 5801 Asher Avenue from Commercial, Industrial and Park/Open Space to Multi Family. G.1 Z-8169 UALR Student Housing Long-form PD-R, located South of Asher Avenue, East of University Avenue. Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title 1. G-23-378 Vogler Street – Right-of-Way Abandonment Adjacent to Block 2, Blankenship’s Addition 2. Z-4336-CC Rezoning from I-2 to O-2 0.11 Acre tract within the block bounded by Dr. Martin Luther King, Jr. Drive, West 10th Street, Maryland Avenue and Bishop Street. 3. Z-4336-DD Arkansas Children’s Hospital – Zoning Site Plan Review Block bounded by Dr. Martin Luther King, Jr. Drive, West 10th Street, Maryland Avenue and Bishop Street. 4. Z-1903-A Centro Cristiano Hispano Church Parking Lot – Conditional Use Permit and Alley Abandonment 8114 West 36th Street 5. Z-5236-B Wakefield Elementary School – Conditional Use Permit 75 Westminister Drive 6. Z-7392-A Islamic Center of Little Rock Parking Lot – Conditional Use Permit 3217 Anna Street 7. Z-7934-A Isclaw Multisectional Manufactured Home – Conditional Use Permit 18,501 Crystal Valley Road 8. Z-8174 Temple of Restoration Church of God in Christ Day Care – Conditional Use Permit 10,610 Chicot Road 9. Z-8175 Brown Accessory Dwelling – Conditional Use Permit 217 S. Johnson Street 10. Z-8176 Little Rock Bridge Club – Conditional Use Permit 7415 Indiana Street Agenda, Page Three II. NEW BUSINESS: Item Number: File Number: Title 11. Z-8177 Smith Duplex – Conditional Use Permit 805 Lewis Street 12. Geyer Springs Wakefield Neighborhood Action Plan – A Neighborhood Action Plan titled the Geyer Springs Wakefield Neighborhood Action Plan, which will cover the area bounded by I-30 to the south, University Avenue to the west, Fourche Creek to the north, and Patterson Road to the east. March 15, 2007 ITEM NO.: A FILE NO.: Z-8101 Owner: William and Ron Woods Applicant: Ron Woods Location: 1311 and 1401 Bishop Street Area: 0.48 Acre and 0.16 Acre Request: Rezone from O-3 to C-3 and R-3 to O-2 Purpose: Future Development Existing Use: Single family residential structures SURROUNDING LAND USE AND ZONING North – Arkansas Children’s Hospital uses; zoned O-3 and O-2 South – Single family residences; zoned R-3 and R-4 East – Undeveloped property and commercial uses; zoned C-3 West – Undeveloped property and single family residential structures; zoned O-2, POD and R-3 A. PUBLIC WORKS COMMENTS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of S. Bishop Street and West 14th Street. 2. A 20 foot radial dedication of right-of-way at the intersection of alley and 14th Street. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Bus Route #11 (M. L. King Route) runs along Martin Luther King Drive to the east. 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 Central High and Downtown Neighborhood Associations were notified of the public hearing. March 15, 2007 ITEM NO: A (Cont.) FILE NO.: Z-8101 2 D. LAND USE ELEMENT: This request is located in the Central City Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a rezoning from O-3 General Office District to C-3 General Commercial District and from R-3 Single Family District to O-2 Office Institutional District. A land use plan amendment for a change to Office and Neighborhood Commercial is a separate item on this agenda. Master Street Plan: Bishop Street is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which area 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. Daisy Gaston Bates Drive is shown as a Collector on the Master Street Plan. 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. Bicycle Plan: A Class II route is shown along Daisy Gaston Bates Drive. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. City Recognized Neighborhood Action Plan: The area is not covered by a city recognized Neighborhood Action Plan. E. STAFF ANALYSIS: William and Ron Woods, owners of the 0.48 acre property at the northeast corner of Bishop Street and Daisy Bates Drive and the 0.16 acre property at the southeast corner of the same intersection, are requesting to rezone the properties from O-3 to C-3 and R-3 to O-2 respectively. The rezoning is proposed for future development. The property at the northeast corner of Bishop Street and Daisy Bates Drive is comprised of three (3) platted lots (Lots 4-6, Block 12, Centennial Addition). The property at the southeast corner of the intersection is one (1) platted lot. The property at the northeast corner of Bishop Street and Daisy Bates Drive is occupied by three (3) single family residential structures. The lot at the March 15, 2007 ITEM NO: A (Cont.) FILE NO.: Z-8101 3 southeast corner is occupied by a brick and stucco single family residence. There are platted alley rights-of-way along the east side of both properties. There is a mixture of uses and zoning in this general area. Arkansas Children’s Hospital property is located immediately north and west of the larger property. There is undeveloped C-3 zoned property and various commercial uses to the east. Single family residential structures and vacant lots are located to the south and southwest. The City’s Future Land Use Plan designates the property at the northeast corner of Bishop Street and Daisy Bates Drive as Mixed Use (MX). The lot at the southeast corner of the intersection is shown as Single Family (SF). A Land Use Plan amendment for changes from MX to Neighborhood Commercial and SF to Office is a separate item on this agenda (LU06-08- 04). Staff is not supportive of the requested C-3 and O-2 rezoning. The property at the northeast corner of Bishop Street and Daisy Bates Drive is shown on MX on the Future Land Use Plan. The MX designation requires a Planned Zoning Development (PZD) for any non-residential development of the property, which includes site plan review. Staff believes that site plan review for this property is very important. The property immediately to the west is zoned O-2 and recently received site plan review approval for an Arkansas Children’s Hospital facility. Additionally, this property is along the main entry drive to the Central High School area. Staff feels that building design, building setbacks, parking design and orientation and other various site plan criteria should be addressed by the Commission with development of this property. With respect to the lot at the southeast corner of Bishop Street and Daisy Bates Drive, staff believes the zoning should remain single family residential. With the exception of the POD zoning immediately west, the properties south of Daisy Bates Drive and west of the C-3 zoned property at the southwest corner of M. L. King Drive and Daisy Bates Drive contain single family/two-family residences and are zoned R-3 and R-4. There are also a number of vacant lots in this area. Staff believes that new home construction could take place in this area in the near future, with renewed interest in the Central High area of Little Rock. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 and O-2 rezonings. March 15, 2007 ITEM NO: A (Cont.) FILE NO.: Z-8101 4 PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006) Staff informed the Commission that the applicant submitted a letter on September 26, 2006 requesting the application be deferred to the November 9, 2006 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 9, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) Staff informed the Commission that the applicant contacted staff on November 1, 2006 requesting the application be deferred to the December 21, 2006 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 21, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 12, 2006 requesting the application be deferred to the February 1, 2007 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 1, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) Staff informed the Commission that the applicant requested the application be deferred to the March 15, 2007 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 15, 2007 ITEM NO: A (Cont.) FILE NO.: Z-8101 5 PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: B FILE NO.: Z-3879-B NAME: Chicot Elementary School – Revised Conditional Use Permit LOCATION: 11,100 Chicot Road OWNER/APPLICANT: Little Rock School District/Peters and Associates PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for construction of a classroom addition, a bus loop driveway and additional parking on this R-2 zoned site. 1. SITE LOCATION: The site is located on the west side of Chicot Road, approximately ¼ mile south of Mabelvale Cut-Off. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is primarily residential in use and zoning. Most all of the surrounding properties are zoned R-2 and contain a variety of single family housing types. An R-7 zoned mobile home park is located two blocks south of the site. The school has been a component of this neighborhood for many years. Allowing the proposed additions should not affect the school’s continued compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the SWLR United for Progress, Legion Hut and Oxford Valley Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A single driveway off of Chicot Road provides access to a 77± space parking lot and a bus loop located north of the school building. An unpaved driveway is located south of the school. The school district proposes to construct a new, 67-space parking lot adjacent to the existing parking on the north side and a bus loop and 18-space parking lot on the south side of the school. The school currently has 31 classrooms with an enrollment of 605 students and 78 employees. The expansion will add 200 more students and 42 additional employees. The 162± parking spaces, along with the new bus loop should be sufficient for the school. March 15, 2007 ITEM NO.: B (Cont.) FILE NO.: Z-3879-B 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal Landscape and Buffer Ordinance requirements. The proposed driveway appears to encroach into the minimum land use buffer area, which is a requirement of the zoning buffer ordinance. This is a requirement of both the zoning buffer ordinance and the landscape ordinance. Seventy percent (70%) of this buffer is to remain undisturbed. A variance from the City Beautiful will be required prior to the issuance of a building permit. An automatic irrigation system to water newly landscaped areas will be required. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the bus lane. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. PUBLIC WORKS COMMENTS: 1. Chicot 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. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Chicot Road with planned development. Chicot Road is required to be widened with the back of curb to be located 29.5 feet from the centerline. The improvements should begin at the north driveway. Section 30-281 of City code states the property owner (Chicot Elementary School) is responsible for boundary street improvements associated with the bridge. On an arterial street the property owner is responsible for the initial 15 feet of the span length of the bridge. Since the bridge is much larger and will have to be reconstructed at the same time, an in-lieu payment should be made for the improvements based on a licensed engineer’s estimates. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. March 15, 2007 ITEM NO.: B (Cont.) FILE NO.: Z-3879-B 3 4. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 6. Since portions of the new addition is located in the floodplain, the minimum Finish Floor elevation of 1 foot above the base flood elevation is required to be shown on plat and grading plans. 7. Repair or replace any sidewalk that is damaged in the public right-of- way prior to occupancy. 8. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 9. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 10. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 11. From the plan, it is not certain if any fill or other obstructions is proposed to be located within the floodway. Obstructions such as fence are not allowed to be located within the floodway. If fill is proposed, the fill cannot cause an increase in the base flood elevation. Provide a “No Rise” certification certifying the fill does not increase the base flood elevation. 12. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. AT&T (SBC): No Comments received. March 15, 2007 ITEM NO.: B (Cont.) FILE NO.: Z-3879-B 4 Water: It appears that the existing fire service may be in conflict with the proposed building. Additional fire hydrant(s) may be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicant was present. Staff presented the item and noted additional information was needed regarding building setbacks and design, number of classrooms, students and employees. Public Works, Landscape and Utility Comments were discussed. The applicant stated he would meet with staff to discuss the issue of Chicot Road bridge improvements. It was noted that a variance was needed for the reduced buffer adjacent to the single family zoned property to the southeast. The applicant was advised to respond to staff issues by February 28, 2007. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: Chicot Elementary School is located on the large, R-2 zoned tract at 11,100 Chicot Road. The school was constructed in the mid-1970’s and currently contains 31 classrooms with an enrollment of 605 students. The Little Rock School District proposes to construct a 10 classroom addition onto the east side of the school. In addition, a new bus loop is to be constructed along the south side of the school and a 67-space parking lot is proposed on the north side. The new addition will have a 31-foot setback from the front property line; exceeding the ordinance minimum of 25-feet. The addition will be constructed of masonry similar to the existing building with a similar parapet height and built-up membrane roof. Access to the new parking lot will be through the existing parking lot. The new bus loop will be accessed from a new driveway off of Chicot Road. March 15, 2007 ITEM NO.: B (Cont.) FILE NO.: Z-3879-B 5 The applicant submitted responses to issues raised at Subdivision Committee. The existing dumpster will remain. Required right-of-way is already in place. Required street improvements will be made. Public Works staff has advised that it has determined no improvements will be necessary to the bridge since the improvements were completed as part of a previous city project. Additional fire hydrants will be installed. The proposed bus loop does encroach into the required buffer. A variance is requested. A six-foot tall opaque fence will be constructed on the eastern perimeter of the bus loop and dense plantings will be provided along the southern perimeter of the bus lane. Irrigation hose bibs will be provided within 75 feet of all new landscaped areas. To staff’s knowledge, there are no outstanding issues. Staff is supportive of the C.U.P. and of a variance to allow the reduced land use buffer. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the requested land use buffer variance subject to the screening being installed as proposed. PLANNING COMMISSION ACTION: (MARCH 15, 2007) 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 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: C FILE NO.: Z-8139 NAME: Hampton Day Care Center – Conditional Use Permit LOCATION: 1602 Welch Street OWNER/APPLICANT: Dr. Reginald Hampton PROPOSAL: A conditional use permit is requested to allow conversion of the existing residential structure on this R-4 zoned lot into a day care center. 1. SITE LOCATION: The property is located on the west side of Welch Street; south of East 16th Street, east of I-30. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is virtually totally residential in nature. Surrounding properties are also zoned R-4 and are occupied by single family and two family residences. Most of the structures are in good condition and are occupied. Two structures at the south end of the block are boarded although they both appear in good condition. Staff does have concerns about introducing this nonresidential use into the midst of a somewhat fragile residential neighborhood. Staff has typically supported day care family homes, where the principal use remains single family, in neighborhoods. Staff does not believe the proposed nonresidential use is compatible with the neighborhood. All owners of properties has located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has no on-site parking. There is a substandard parking pad in the front yard that could be widened to accommodate one vehicle. The proposed day care center is to have an enrollment of 12 children with 2 employees; requiring 3 on-site parking spaces. The applicant proposes to construct 3 parking spaces at the rear of the site, taking access off of the alley. With the one space in the front, a total of 4 parking spaces can be provided. March 15, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-8139 2 4. SCREENING AND BUFFERS: The site must be developed in compliance with the City’s Landscape and Buffer Ordinances; including screening along the north and south perimeters of the site and landscaping in conjunction with any new vehicular use area. 5. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Welch Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Show the proposed location of all driveways and parking areas. 3. Queuing of vehicles for pick-up and drop-off of children must be done in a manner that does not cause stacking of vehicles on Welch Street. Sufficient on-site parking must be provided to prevent blocking of the thru lanes on Welch Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comment received. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on the CATA bus route. The nearest route is located two blocks to the northwest; at College and 15th Streets. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff noted the lack of parking and noted the alley would need to be improved. Staff stated March 15, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-8139 3 landscaping and screening would need to be provided. Public Works comments were noted. Staff voiced opposition to any plan that resulted in vehicles having to park on Welch Street. Staff stated they would contact the applicant to address the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned lot located at 1602 Welch Street is currently occupied by a 1 ½ story, brick and frame, single family residence. A wood frame accessory building is located at the rear of the lot, at the alley. The home appears to be in very good shape and is located in a fairly stable neighborhood of mostly well-maintained residences. The applicants are requesting approval of a conditional use permit to allow conversion of the residence into a day care center with an enrollment of 12 children with 2 employees. The application has been modified from the initial submittal when enrollment was proposed as 24 children with 4 employees. The structure will be solely used for the day care; there will be no residential occupancy. Signage is proposed to consist only of a 1’ X 1’ wall sign on the front façade. Days and hours of operation are to be Monday through Friday, 6:00 a.m. – 6:00 p.m. A 6-foot tall wood fence will be erected along the north and south perimeters of the property. The applicant has proposed placement of a dumpster behind the accessory building. This placement is not possible since the building is directly adjacent to the alley. No additional site-lighting is proposed. Three parking spaces are to be located at the rear of the property, off of the alley. A 5-foot wide landscape strip will be located on the south side of the new parking. The applicant will meet with Public Works staff to determine the requirements necessary for improving the alley. The 1862 bill of assurance does not address use issues. A fenced playground will be located behind the structure. Staff has concerns about the proposed use. Although the day care is relatively small, (24 children and 2 employees) it is still a nonresidential use in a fragile residential neighborhood. There will be no residential occupancy of the structure. The day care will be the sole and principal use. Staff has typically supported day care family homes that are not much smaller than this proposed day care. The distinction is that under a day care family home, the principal use remains an occupied single family residence with the child care being an ancillary activity. The applicant did submit responses to issues raised at Subdivision Committee and has reduced the initial proposal by half. March 15, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-8139 4 STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 19, 2006 requesting the application be deferred to the March 15, 2007 Agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was not present. There were no objectors present. Staff informed the commission that on March 14, 2007, the applicant had requested that the item be withdrawn. There was no further discussion. A motion was made to waive the Commission’s bylaws to accept the late request for withdrawal. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The item was placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: D FILE NO.: Z-8154 NAME: Whitmore Day Care Family Home – Special Use Permit LOCATION: 9104 Woodford Drive OWNER: Walter Whitmore APPLICANT: Carolyn Whitmore PROPOSAL: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 9104 Woodford Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the West Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 9104 Woodford Drive is located on the southwest corner of Woodford Drive and Seymour Drive. All surrounding properties are zoned R-2 and contain single-family residences. The applicant’s home is a one-story brick and frame structure, and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 12:00 a.m. (midnight), seven (7) days per week. The applicant has noted that she will have one (1) part-time employee, a nurse who will visit the site daily. There is a two-car wide driveway from Woodford Drive, with parking for five (5) vehicles including the carport. Staff feels that this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed one (1) vehicle parked on the grass in the front yard. The applicant has noted that this situation has been corrected. Staff observed no vehicles on the site which were non-operational. The applicant is currently providing care for five (5) children at this location. The applicant is in the process of being licensed by the State for up to ten (10) children. March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 2 The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The Bill of Assurance for this neighborhood was recorded in 1962 and appears to still be in effect. The Bill of Assurance contains the following language: “A. All of said lots shall be used as residential lots only, and no structure shall be erected, altered or permitted to remain other than one detached single-family dwelling not to exceed one and a half stories in height, and a private garage and servant’s quarters or storeroom.” Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 3 h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. According to information provided by the State Department of Health and Human Services, the property at 9104 Woodford Drive is not located within 300 feet of another licensed day care family home or day care center. There was previously a licensed day care family home at 9009 Woodford Drive. However, the day care family home use at that address has ceased, as confirmed by the State and site inspection by staff. There are two (2) licensed day care family homes located within the southwest portion of this subdivision on Crofton Circle. To staff’s knowledge, the only outstanding issue associated with this application concerns the proposed hours/days of operation. The applicant proposes to operate the day care family home from 6:00 a.m. to 12:00 midnight, seven (7) days per week. Staff views the proposed hours/days as excessive and out of character with this type of use in a residential neighborhood. Staff feels the proposed hours/days of operation do not meet the intent of the ordinance allowing this type of residential day care use. Staff believes the excessive hours/days of operation as proposed will have an adverse impact on the adjacent properties and the overall neighborhood. C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007) Carolyn Whitmore was present, representing the application. Staff presented the application. March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 4 Commissioner Taylor asked Ms. Whitmore if she lived on the property. She responded that she did. Commissioner Taylor asked about the hours of operation. Ms. Whitmore explained the hours and noted that she would only have one (1) or two (2) children past 6:00 p.m. She noted that her part-time employee came in from 6:00 p.m. to 8:00 p.m. daily, and that the last child was typically gone by 9:00 p.m. Commissioner Langlais asked Ms. Whitmore if she had talked to her neighbors. She stated that she had talked to some of them. She explained that her husband works with her in caring for the children. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a day care family home at 9104 Woodford Drive. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) Staff informed the Commission that the applicant submitted a letter on February 15, 2007 requesting the application be deferred to the March 15, 2007 Agenda. Staff supported the deferral request. With a vote of 8 ayes, 0 nays and 3 absent, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. STAFF UPDATE: On February 21, 2007 the applicant submitted a letter to staff revising the proposed hours/days of operation for the day care family home. The revised hours are 6:00 a.m. to 6:00 p.m., Monday through Saturday. This is the only change to the original application. March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 5 In staff’s opinion, the hours/days of operation was the only outstanding issue with the original application. Although the proposed hours/days of operation have been greatly reduced, staff continues to have a problem with them. Staff believes the days of operation should be Monday through Friday, and not include the weekends. Staff feels it is inappropriate to have the day care use during weekends, when the majority of the neighbors will be off work and at home. If the applicant were willing to eliminate the Saturday hours, staff could then support the application. PLANNING COMMISSION ACTION: (MARCH 15, 2007) Carolyn Whitmore was present, representing the application. There was one (1) objector present. Staff presented the item, noting that the hours of operation had been revised to 6:00 a.m. to 6:00 p.m., Monday through Saturday. Staff recommended denial of the revised application, with the hours of operation being the only issue. Staff noted opposition to the day care use being operated on Saturdays. Carolyn Whitmore addressed the Commission in support of the application. She explained that she cares for her grandchildren on Saturdays in addition to one (1) “paid” child. She noted that she cares for five (5) children during the week in addition to her grandchildren. There was a brief discussion of the number of children Ms. Whitmore cares for and the number grandchildren she has. Cindy Dawson, City Attorney, explained that the Commission could place a condition the application which would limit Ms. Whitmore to only one (1) “paid” child on Saturdays in addition to the grandchildren. In response to a question from the Commission, Tony Bozynski, Planning Director, noted that staff could support the application with the Saturday condition. Ms. Whitmore noted that she had six (6) grandchildren, but usually kept only four (4) on Saturdays. Ms. Whitmore amended the application to limit the number of children on Saturdays to one (1) “paid” child in addition to her grandchildren. Commissioner Yates asked about the number of notices which went out to surrounding properties. Staff noted that two (2) neighborhood associations, 28 property owners within 200 feet of the site and 55 residents within 300 feet were notified of the public hearing. There was additional discussion of the notice issue and bill of assurance issues. Cindy Dawson noted that a day care family home was required to obtain a privilege license, but was not considered a business, based on the principal use of the property being single family residential. This issue was briefly discussed. March 15, 2007 ITEM NO: D (Cont.) FILE NO.: Z-8154 6 Pat Gee addressed the Commission in opposition. She noted that there were two (2) day care family homes in the neighborhood on Crofton Circle. She noted that she visited the site and that there was much traffic on the street. She explained that the driveway was steep and could be dangerous for drop-off and pick-up of children. Commissioner Laha explained that he did not support the application. He noted that he visited the site three times and that there was a vehicle parked on the grass each time. He also noted that the accessory building looked unsafe. He briefly discussed the bill of assurance issue. There was a brief discussion of how long Ms. Whitmore would be caring for her grandchildren. There was also discussion of the condition limiting the number of children on Saturdays. Staff suggested limiting the number of children to five (5) “paid” children during the week and one (1) “paid” child on Saturday, in addition to the grandchildren. This is issue was briefly discussed. Commissioner Rahman noted that day care family homes have been approved in the past with no limit on the number of “paid” children, even with perceived issues with bills of assurance. There was a motion to approve the special use permit to allow a day care family home at 9104 Woodford Drive, subject to the following condition (as amended by the applicant): • There is to be no more than one (1) “paid” child on Saturdays in addition to Ms. Whitmore’s grandchildren. The motion passed by a vote of 6 ayes, 2 nays and 3 absent. The revised application was approved. March 15, 2007 ITEM NO.: E FILE NO.: Z-8165 NAME: West Little Rock School – Conditional Use Permit LOCATION: Southeast side of Rahling Road, south of Pebble Beach OWNER/APPLICANT: Agar Shuffield Joint Venture/Little Rock School District, the Mehlburger Firm PROPOSAL: A conditional use permit is requested to allow for construction of a new Pre-K through 8th grade public school on this MF-6 and R-2 zoned 74+ acre tract. 1. SITE LOCATION: The site is located southeast of Rahling Road, ¼± mile south of Pebble Beach Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located at the edge of several single family neighborhoods. Wellington is located to the south. Belle Pointe, Hillsboro and Pebble Beach are located to the east and north. Rahling Road, a minor arterial street, is located to the west. Beyond Rahling is an area of undeveloped R-2 property and an area of Open Space. An extension of the Wellington Plantation collector street and a large area of green space will separate the school site from the neighborhoods to the east and north. A buffer with a minimum depth of 50 feet will be located along the south perimeter. The school will provide a transition from the neighborhoods to the arterial street and with appropriate screenings should be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents site, all residents within 300 feet who could be identified and the St. Charles Neighborhood Association were notified of this request. An informational public meeting was held on January 30, 2007 for any interested parties. 3. ON SITE DRIVES AND PARKING: Access to the campus will be off of an extension of Wellington Plantation Drive. The main entrance driveway is located at the northern end of the campus. This driveway will have two lanes entering and two lanes exiting. A 103 space parking lot is located off of this driveway. The driveway will widen by one lane around the parking lot to provide two March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 2 lanes of stacking space and one lane for access to the parking spaces and to provide circulation. A smaller 77 space parking lot is located at the south end of the campus. The designated bus driveway and drop-off is located directly north of the school. A full breakdown of the number of classrooms, students and employees is included in the analysis section of this report. The parking, drop-off and stacking space appear adequate for the proposed school. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. The proposed parking lots will need additional parking islands. Prior to the issuance of a building permit a landscape plan must be approved and must obtain the seal of a licensed Landscape Architect. An automatic irrigation system to water the landscaped areas is required. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Otherwise, areas set aside appear to meet minimum landscape standards. 5. PUBLIC WORKS COMMENTS: 1. Wellington Plantation Drive is classified on the Master Street Plan as a collector street. A dedication of right-of-way 60 feet will be required. An additional 15 feet of right-of-way will be required to be dedicated measured from the centerline of Rahling Road near the intersection of Wellington Plantation Drive and Rahling Road. This additional right-of- way shall normally be 250 feet in length measured from the intersecting right-of-way. The intersecting right-of-way lines shall normally have a radius of 75 feet at arterial-collector intersections. 2. With site development, provide design of street conforming to the Master Street Plan. Construct street improvements to Wellington Plantation Drive and Rahling Road including 5-foot sidewalks. Provide a 250 foot right turn lane on Rahling Road with a 150 foot taper. Provide a median cut in Rahling Road with a 250 foot left turn bay and a 150 foot taper. March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 3 3. Provide a letter prepared by a registered engineer certifying the stopping distance at the Rahling Road-Wellington Plantation Drive intersection complies with 2004 AASHTO Green Book standards. 4. Provide a traffic study to show peak traffic generated by the site including traffic on adjacent streets to determine if the traffic warrants a signal installed at Wellington Plantation Drive and Rahling Road intersection. For more information, contact Bill Henry, Traffic Engineering at 379-1816. 5. To improve the internal traffic circulation, two (2) separate one way drives should be provided for access to the southeast parking lot and drop off area. This will allow more parking spaces to be provided and keep vehicles from backing out of parking spaces into traffic circulation lanes and interrupting circulation. For more information, contact Bill Henry, Traffic Engineering at 379-1816. 6. The main driveway from the north should be 4 lanes instead of 3 lanes. Parking spaces should not be provided on the main driveway. Vehicles parking will disrupt internal traffic circulation. A parking area should be provided for vehicles separate from the circulation lanes. The steep slope will negatively affect parking along this access drive. Parking spaces on the southern end of this drive should be separated from circulation lanes. For more information, contact Bill Henry, Traffic Engineering, at 379-1816. 7. There appears to be several dead end or cul de sac drives with few access drives. Provide an internal circulation plan. For more information, contact Bill Henry, Traffic Engineering, at 379-1816. 8. Sidewalks should be provided to allow pedestrian access from the sidewalk along the street to sidewalks within the property. 9. Due to the steep slopes and grade changes, provide a sketch Grading and Drainage Plan per Section 29-186(e) showing proposed slopes, terraces, wall heights, and graded areas. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements. 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. A water main extension will be March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 4 required in order to provide service to this property. The cost for required off-site improvements will be significant. These facilities will be installed by the developer at its expense. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Proposed water facilities will be sized and designed to provide adequate pressure and fire protection. Fire Department: Install and place Fire hydrants per Code. Contact Fire Marshall Dennis Free at 918-3710. County Planning: No Comments. CATA: The site is not located on the CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2007) The applicants were present. Staff presented the item and noted additional information was needed; including building height and design, signage, number of classrooms by grade, number of employees and teachers, site lighting, dumpster and screening, fencing and playground areas. Staff asked that the areas to remain undisturbed be labeled as such. Public Works Comments were discussed at length. The applicant was advised to meet with Public Works Engineering staff to resolve concerns about circulation, driveway design and street grade. Staff requested a traffic study to determine if a traffic signal would be warranted at the intersection of Wellington Plantation Drive and Rahling Road. Staff also requested a sketch grading and drainage plan. Landscape, Utility and Fire Department Comments were noted. The applicant was advised to respond to staff comments by January 17, 2007. The applicant stated many of the elements of the plan were conceptual in nature and specific details would not be available. The applicant was advised to provide as much information as was possible. The applicant noted a public meeting would be held at 6:00 on January 30, 2007 at the public library on Rahling Circle where interested parties could view the plans. March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 5 The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock School District is requesting approval of a conditional use permit to allow for construction of a new, Pre-K through 8th grade school on this undeveloped, wooded, 74± acre tract. The building will vary from a single level to three stories with a footprint of 172,000 square feet and a total of 250,000 square feet. There will be a center administrative core, separate multi-story academic zones for elementary and middle grades, a gymnasium and a multi-story media center and cafeteria. The building materials will be masonry, stone, pre-finished metal and exterior stucco. Due to the nature of the terrain and the multi-story construction, a maximum building height of 85 feet is anticipated. Separate bus and vehicle driveways and parking will be constructed. The main drop-off driveway provides over one-half mile of stacking space in dual lanes. All bus and delivery traffic will be directed to utilize Rahling Road, entering the site from the north on Wellington Plantation Drive. Wellington Plantation Drive will be extended to intersect Rahling. The road will be constructed to collector street standards. Improvements will be made to the intersection, including turn lanes and signalization, if warranted. A sidewalk will be constructed on the west side of Wellington Plantation Drive. A separate service building and parking lot will be located north of the main building. The bus lane will be gated during the school day to provide a hard surface play area. Two terraced play areas will also be constructed north and west of the building. An unlighted, soccer practice field will be located in the northern portion of the campus. Fencing is proposed to consist only of some chain-link fencing around a portion of the play areas. A single, building mounted sign will be placed near the main entry into the building. A monument style ground-mounted sign will be located in the landscaped front yard adjacent to the front of the building and a monument ground-mounted sign will be located at the northern end of the site, at the Rahling Road/Wellington Plantation Drive intersection. Directional signage will be placed at the individual driveways. A designated 50-foot undisturbed buffer will be located around the entire perimeter of the 74± acre tract, although much more of the site will be left as green space. No development is proposed on the east side of Wellington Plantation Drive or on the southwestern portion that extends toward Rahling Road. March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 6 The specifics of the school population, classes and employees are as follow: Core Classrooms By Grade: Other Academic Spaces: Pre-Kindergarten 6 Special Education 12 Kindergarten 6 Art 3 1st – 5th Grades 5 each Music/Choir 4 6th – 8th Grades 5 each Workforce/FAC 3 TOTAL 52 Gymnasiums 2 Media Center 1 Student Population: Staff: PreK – 5th Grades 895 Teachers 75 6th – 8th Grade 440 Admin/Aids 47 TOTAL 1335 Custodial/Kitchen/SRO 23 TOTAL 145 On January 17, 2007, the applicants submitted response to the issues raised at Subdivision Committee. A sketch grading and drainage plan was submitted. Some initial work on the requested traffic study has been completed by Peters and Associates. Public Works Staff continues to work with the applicant on traffic issues. Once completed, the final analysis will be presented to the Commission. Staff anticipates all issues being addressed. Public Works Staff has submitted the following updated comments based on the plans and information submitted after Subdivision Committee: Public Works has reviewed the revised site plan submitted for the LRSD, West Little Rock School. At time of writing, a complete submittal of all requested information has yet to be received. In particular, a traffic study must still be provided. Staff understands this study is currently being prepared. With this study, the applicant’s engineer will also provide the design of the Rahling Road-Wellington Plantation Drive intersection to meet Master Street Plan requirements and a letter certifying the stopping distance complies with 2004 AASHTO Green Book standards. The study will address if a signal is warranted and the number of turn lanes. The applicant’s engineer has attempted to address staff concerns over the circulation of traffic within the school’s property by the addition of a 4 lane drive accessing from the north and separation of parking areas from vehicle circulation lanes. The drive will have no striping for adjacent parking. The outside lane of this drive could be used for parking at special events. The drop off area accessing from the south has also been revised to separate parking areas from vehicle circulation lanes. This driveway must be designed with 3 lanes. At time March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 7 of writing, the applicant’s engineer has not provided staff with a letter certifying the sight distance at the driveways meets 2004 AASHTO Green Book standards. More detailed information pertaining to traffic circulation within the property is expected to be provided by the traffic study. The revised plan shows Wellington Plantation Drive, the proposed collector street, to be built to the maximum collector street slope limit of 12%. The engineer is still requesting a variance to build the collector to a 15% slope. Staff can support the street slope variance to a maximum of 15%. But like all streets, sufficient sight distance per the 2004 AASHTO Green Book standards must be provided. The proposed Wellington Plantation Drive will be constructed and striped with 3 lanes. Due to the expected traffic from dropping off/picking up students, some portions of the street must be built with a right turn lane in addition to the 3 lanes. Sidewalks will be provided on the west side of the road. A crosswalk and additional sidewalk may have to be provided off the property. The length and location of the right turn lanes will be determined by the traffic study. As a result of the street construction, a variance is also requested to exceed the maximum 30-foot cut/fill height limit. The engineer is proposing a cut of approximately 45 ft. running along the eastern side of the road out of right-of- way. The length of that cut is unknown. This cut will be supported by three 15 ft. retaining walls. Although there are issues waiting to be addressed, staff anticipates those can be worked through. Staff’s final recommendation on the C.U.P. and any requested variances will be presented once all information has been submitted and analyzed. STAFF RECOMMENDATION: Staff’s final recommendation is forthcoming. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had, on February 7, 2007, requested deferral of the item to the March 15, 2007 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the March 15 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: On March 5, 2007, the applicant requested deferral of the item to allow more time for consideration of issues, including a traffic study. Staff recommends deferral of the item to the April 26, 2007 Agenda. March 15, 2007 ITEM NO.: E (Cont.) FILE NO.: Z-8165 8 PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that on March 15, 2007 the applicant had requested withdrawal of the item, without prejudice. There was no further discussion. A motion was made to waive the Commission’s bylaws to accept the late request for withdrawal. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The item was placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: F FILE NO.: LU06-19-08 Name: Land Use Plan Amendment - Chenal Planning District Location: South of Cantrell Road, east of Joe T. Robinson school Request: Low Density Residential, Suburban Office, and Single Family to Mixed Office Commercial Source: Tim Daters, White-Daters & Associates, Inc. PROPOSAL / REQUEST: The applicant has requested that this item be deferred to the December 21, 2006 agenda. Staff is supportive of this request. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) The item was placed on the consent agenda for deferral at the request of the applicant to December 21, 2006. By a vote of 9 for, 0 against (Rahman, Allen absent) the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the February 1, 2007 hearing to give staff more time for review. Staff is supportive of the request. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The item was placed on consent agenda for deferral to February 1, 2007. By a vote of 11 for, 0 against the consent agenda was approved. STAFF UPDATE: PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Low Density Residential, Suburban Office, and Single Family to Mixed Office Commercial (MOC). Mixed Office Commercial provides for a mixture of office and commercial uses to occur. A Planned Zoning District is required in MOC. There is not a specific use proposed. March 15, 2007 ITEM NO.: F (Cont.) FILE NO.: LU06-19-08 2 Staff is not expanding the application since the Land Use Plan in this area was reviewed within eighteen months ago. EXISTING LAND USE AND ZONING: The property is rural and adjacent but outside of the city limits. It is currently zoned R-2 Residential and is 15.16 acres ± in size. To the north, south and west is all zoned R-2 Residential. To the west of this site is zoned R-2 with a Conditional Use Permit for the Joe T. Robinson Middle School and High School. To the south is zoned R-2 for several Chenal subdivisions. North of this site is zoned R-2 for future development and a Conditional Use Permit for Winfield United Methodist Church. To the east is C-1 Commercial zoning and R-2, but the land is currently occupied by several manufactured homes. Further east is the intersection of Cantrell Road and Chenal Parkway. This whole intersection is zoned C-3 General Commercial. This intersection has been partially developed with a gas station, a storage facility, and a Wal-Mart center. The southwest corner of this intersection is still vacant and undeveloped. There is a Planned Development—Office on the north side of Cantrell about half a mile west of the application area. This PDO is for Gillum Photography Studio. There is also some O-2 and O-3 zoned land to the north and south of the Chenal/Cantrell intersection, and this land is all undeveloped. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown as Single Family on the southern portion, Low Density Residential on the western portion, and Suburban Office on the eastern portion. To the west of the amendment area is planned Public Institutional, to the north of the site is planned Single Family and Suburban Office, and to the east of the site is planned Suburban Office. South and southeast of this area is more Single Family. There is also a large Commercial node to the east of this area at the Chenal/Cantrell intersection with some Office and Multi Family. Ordinance 19577 on August 15, 2006 amended the area at the southeast corner of Chenal Parkway and Arkansas Systems Drive from Office to Mixed Office Commercial. This was to allow for the development of a bank and a three-story building with 31 percent commercial. Ordinance 19581 on August 15, 2006 amended the area at the northwest corner of Rahling Road and Chenal Valley Drive from Office to Mixed Use for future Planned District development at this location. Ordinance 19584 on August 15, 2006 amended the area at the southwest corner of Rahling Road and Champlin Drive from Mixed Use to Neighborhood Commercial to March 15, 2007 ITEM NO.: F (Cont.) FILE NO.: LU06-19-08 3 more accurately represent the zoning and allow future Planned District development for this area. Ordinance 19559 on June 27, 2006 amended the area on either side of Wellington Hills Boulevard, east of Kirk Road from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial to allow for future Planned District development in this area. Ordinance 19448 on December 5, 2005 at the intersection of Morgan Cemetery Road and Cantrell was changed from Single Family to Transition to accommodate a proposed development. Ordinance 19292 on April 5, 2005 changed multiple areas in this region. This current application site was changed from Public Institutional to Single Family and Low Density Residential. At the intersection of Highway 300 and Cantrell, an area was changed from Public Institutional, Neighborhood Commercial, and Single Family to Suburban Office under this ordinance. On Chenonceau, an area was changed from Mixed Office Commercial to Commercial. On Ranch Boulevard, one area was changed from Single Family to Public Institutional and another area was changed from Mixed Office Commercial to Commercial. The property at 5800 Ranch Drive was changed from Mixed Office Commercial to Office. At the northeast corner of Katillus and Cantrell an area was changed from Transition to Suburban Office. Further south on Katillus was changed from Transition to Single Family. All four corners at the intersection of Chenal and Cantrell were changed from Park/Open Space strips along the road to Commercial. South of Cantrell on Chenal was changed from Park/Open Space to Single Family. At the northeast corner of the intersection of Highway 300 and Cantrell a change was made from Single Family to Office. These amendments were part of a review of the Highway 10/Cantrell Corridor as requested by the Little Rock Board of Directors to better reflect the future development pattern along Highway 10. Ordinance 19097 on May 18, 2004 on the south side of Cantrell Road between Chenonceau and west of the Chevaux residential subdivision was amended from Single Family to Office for future development. Ordinance 19053 on February 17, 2004 at the intersection of Chenal and Cantrell and the surrounding areas made multiple changes. Most of the changes were to promote this intersection for future commercial uses. Ordinance 19042 on January 20, 2004 a change was made from Single Family to Commercial west of Norton Road and north of Cantrell road to accommodate for more commercial uses at the intersection of Chenal Parkway and Cantrell. March 15, 2007 ITEM NO.: F (Cont.) FILE NO.: LU06-19-08 4 Ordinance 19039 on January 20, 2004 amended the Office at the southwest corner of Rahling Road and Champlin and on the south side of Rahling Road approximately three hundred feet east of Champlin to Mixed Use for future development. Ordinance 18887 on June 17, 2003 amended multiple areas in the Chenal District. A portion of the Office on the south side of Rahling Road at the intersection of Chenal Valley Drive was changed to Multi Family. A portion of the Single Family and Multi Family on the east side of the extension of Wellington Hills Road was changed to Low Density Residential. The Single Family on the west side of Champlin Road/Wellington Hills Road was amended to Multi Family. These changes were made for future multi family developments and to recognize existing zoning. Ordinance 18678 on June 4, 2002 amended the Single Family on the south side of Cantrell Road on both sides of Drew Lane for approximately 400 feet west and eastward to the Park/Open Space area to Suburban Office. The amendment was made to allow for a new office development in this area. Ordinance 18627 on January 2, 2002 amended the Single Family north and east of the Northfield Road and Chenal Parkway to Commercial. The Single Family south and east of the Northfield Road and Chenal Parkway up to and including the first electrical transmission line easement was changed to Suburban Office. Also, the Single Family along Chenal Parkway east of the before mentioned area and west of Aberdeen Subdivision was amended to Park/Open Space. These changes were made to allow for more future Office and Commercial development. Ordinance 18561 on September 18, 2001 amended multiple areas in the Chenal District. The Commercial on the southwest corner of the north intersection of Chenal Valley Drive and Chenal Parkway was amended to Single Family. The Low Density Residential and Public Institutional south of Taylor Loop Road and west of Hinson Road was amended to Single Family. The Single Family at the northeast corner of Chenal Valley Drive and Rahling Road was amended to Neighborhood Commercial and Office. These changes were made because a developer wanted to expand a Single Family Residential development. Ordinance 18457 on April 17, 2001 at the southwest corner of Rahling Road and Chenal Parkway was amended from Multi Family, Park/Open Space, Single Family and Community Shopping to Community Shopping. These changes were made to return the Land Use Plan to match the zoning after a PCD was revoked for this area. MASTER STREET PLAN: Cantrell Road is shown as a Principal Arterial on the plan. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. This street may require dedication of right-of- March 15, 2007 ITEM NO.: F (Cont.) FILE NO.: LU06-19-08 5 way and may require street improvements. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. BICYCLE PLAN: A Class II bike route is planned for Cantrell Road according to the Master Street Plan. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. PARKS: According to the Master Parks Plan, this area is within eight blocks of a park or an open space. The Joe T. Robinson Middle and High Schools are both adjacent to the amendment property. The Master Parks Plan included all schools as part of their buffering process to determine whether property is within eight blocks of a park. To the south of this site is a Duquesne Place Property Owner’s Association Park, and to the north of Highway 10 there are the Joe T. Robinson Elementary School recreation areas. 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: The application area is just outside of Little Rock’s city limits. This site has been home to the Joe T. Robinson School’s gymnasium and ballparks for many years. The vicinity has been rural with single-family residences scattered along Highway 10 for many years. Now, this area is very close to the growing subdivisions of western Little Rock including the neighborhoods of Chenal Valley. The new residences have prompted development in the form of churches and a new Wal-Mart. The major intersection of Chenal Parkway and Cantrell Road has also experienced change in the past ten years. Along with a Wal-Mart Super Center, this intersection now has a gas station, mini storage facilities, and multi-family housing. While the Chenal/Cantrell intersection used to be considered far from the City of Little Rock, the city limits have expanded west far enough that this area now is within the current city limits. Staff recently reviewed this general area (in 2005). As a result of that study, several areas along Cantrell Road from east of Taylor Loop to the Joe T Robinson Schools, March 15, 2007 ITEM NO.: F (Cont.) FILE NO.: LU06-19-08 6 including the current application area, were amended under Ordinance 19292. This review and the City’s current policy is to maintain the ‘Node’ concept along Highway 10 (Cantrell Road), with commercial nodes at arterial-arterial intersections. The area is still in the early stages of urban-suburban development with many areas undeveloped. The applicant in support of the application provided Staff with a resolution from the County School District support the future commercial use of the site in question. In addition, the applicant has stated the due to the costs of site ‘clean-up’ from the pervious public-quasi public use the site must be developed at a more intense use (commercial). The City of Little Rock’s Future Land Use Plan is designed to meet all of the needs of an area’s residents: commercial, residential, recreational, etc. The Commercial, Office, and other non-residential areas that are planned for the Chenal/Cantrell intersection have been in place for many years in anticipation of new residential developments in this area. The most recent review was completed in mid-2005, as part of a review of the Highway 10/Cantrell Corridor requested by the Little Rock Board of Directors. The application site had been shown for Public Institutional, and was changed to the current Suburban Office, Low Density Residential, and Single Family as part of the review. Also at this intersection a small Neighborhood Commercial area was changed to Suburban Office since the intersection had been down graded to a Collector-Arterial intersection an a large amount of Commercial and Office had been added to the Chenal – Cantrell intersection a few years prior. The former use of the application property was of a Public Institutional nature. A low intensity institutional use would be seen as similar to the former use. This area is immediately adjacent to a Single Family subdivision, and that needs to be taken into consideration where this property is concerned. The Low Density Residential, which is currently proposed on the plan for this area, would provide alternate housing options and a good neighbor to the existing uses to the west and south. There are various locations near the application area that are already zoned and planned for office or commercial uses. The intersection of Chenal Parkway and Cantrell Road is half a mile east of this application area. This is the major intersection with a large area of Commercial use shown and currently zoned. There is a new Wal-Mart Super Center at the intersection, but the rest of the Commercial at this location is vacant and undeveloped. There is currently vacant undeveloped land zoned and planned for Office at the intersection of Highway 300 and Chenal Parkway. An additional vacant Office land located south of the Cantrell/Chenal intersection. While there have been hundreds of permits issued for single family additions in the past few years, very few have come through for office or commercial permits in this census tract. Since 2002 there have only been five permits issued for office buildings within this census tract and most were issued for banks. Since 2002 there have only been five March 15, 2007 ITEM NO.: F (Cont.) FILE NO.: LU06-19-08 7 permits issued for commercial buildings in this census tract. Most of these permits were for development at the Chenal/Cantrell Road intersection. Because there is still a large amount of undeveloped Office and Commercial land available in the area, supply appears to be adequate to meet the area’s needs in the coming years. The available parcels of land as mentioned above are all focused around the intersection of Chenal Parkway and Cantrell Road. This is an example of a node of development along Cantrell Road and for the Land Use Plan done for Chenal Properties in the 1980s for the areas to the south and southeast. As Cantrell has developed, the City has tried to maintain the Node concept as the development pattern. The most intensive uses are generally focused at major intersections such as the one at Chenal and Cantrell. NEIGHBORHOOD COMMENTS: Notice was sent to the following neighborhood association: Duquesne Place POA. Staff has received no comments from area residents at this time. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. The information provided to support the application does not show an increase in need to justify an intensification of use at this time based on the conditions. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) The applicant was not present, therefore the Commission moved to defer the item to March 15, 2007. By a vote of 8 for, 0 against and 3 absent the item was deferred. STAFF UPDATE: There have been no changes to this application. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The item was placed on consent agenda for withdrawal. By a vote of 8 for, 0 against and 3 absent the consent agenda was approved. March 15, 2007 ITEM NO.: G FILE NO.: LU07-09-02 Name: Land Use Plan Amendment - I-630 Planning District Location: 5801 Asher Avenue Request: Industrial, Commercial and Park/Open Space to Multi Family Source: Tim Daters, White-Daters PROPOSAL / REQUEST: Land Use Plan amendment in the I-630 Planning District from Industrial, Commercial and Park/Open Space to Multi Family. Multi Family accommodates residential development of ten to thirty-six dwelling units per acre. The application is for a large apartment complex marketed toward UALR students. EXISTING LAND USE AND ZONING: The property is the site of the old Coleman Dairy plant and the old Asher Drive-In. It is currently zoned I-2 Light Industrial and C-3 General Commercial. The amendment area is approximately 20 acres. The property on the north side of Asher across from this site is currently zoned C-3 General Commercial for a large strip mall. There are still a few commercial uses in the strip mall, but UALR has purchased the northeast corner of Asher and University. This area is shown as campus on the UALR master plan, and eventually it will all be used for Public/Institutional uses. The C-3 to the west of the amendment area is another large strip center which includes many stores and several restaurants. East of the application area along Asher is zoned C-4 with many varieties of auto shops. The area to the south of the amendment area is zoned R-2 Single Family and is currently undeveloped. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The site is currently shown on the Future Land Use Plan as Industrial to recognize the old Coleman Dairy use. The amendment area also includes a strip Park/Open Space and Commercial. It is surrounded on the south and east sides by Park/Open Space. A large strip of Commercial is shown on the north side of Asher Avenue across from this site. West and adjacent to the site is planned for Commercial. Ordinance 18,373 was passed on October 17, 2000. This was the result of the Asher Corridor Study as requested by the Planning Commission. In the immediate vicinity, this amendment changed part of the Commercial to the west of the application area to Park/Open Space. Many other areas were changed further northeast along Asher March 15, 2007 ITEM NO.: G (Cont.) FILE NO.: LU07-09-02 2 Avenue with the goal of keeping Industrial uses south of Asher Avenue and Commercial uses north of Asher. MASTER STREET PLAN: Asher Avenue is shown as a Principal Arterial on the plan. 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 Asher 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 no bike route in the immediate vicinity according to the Master Street Plan bicycle section. PARKS: According to the Master Parks Plan, the application area is within eight blocks of existing parks or open spaces. To the north is Curran Conway Park and to the west is the Jack Stephens Youth Park. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The Oak Forest Neighborhood Action Plan covers the application area. Their community image goal states a need to “eliminate vacant or blighted structures.” The housing goal also calls for the construction of new residential units. This application would help achieve both of these goals with the removal of the vacant Coleman Dairy site and the addition of new multi family residences. ANALYSIS: The application area is in a part of Little Rock that has been fully developed for many years. Just west of this application area is the Asher Avenue and University Avenue intersection. Both of these roads are Principal Arterials and have been used for Commercial and Industrial uses in the past. The Coleman Dairy and the Asher Drive-In had been in place for many years but have since closed. The amendment area has been shown on the Future Land Use Plan as Industrial, Commercial and Park/Open Space for many years to recognize existing uses. The amendment area is March 15, 2007 ITEM NO.: G (Cont.) FILE NO.: LU07-09-02 3 approximately 20 acres. Most of this 20 acres is either Industrial or Park/Open Space and only one acre of this area is currently shown as Commercial on the Future Land Use Plan. This one acre is relatively insignificant considering the large amount of Commercial shown along both Asher and University Avenues. The area just north of this amendment area is shown as Commercial and Public Institutional on the Future Land Use Plan. The Public Institutional is shown to recognize the UALR campus. Currently there are still several commercial uses in this shopping center including Big Lots, two banks and a Mexican restaurant. This Commercial area shown at the northeast corner of Asher Avenue and University Avenue is actually owned by the University and will eventually be used for only campus purposes. The redevelopment of this shopping center and this old industrial site will help improve the appearance of this part of Asher Avenue and the overall vitality of the area. The redevelopment of the old Coleman Dairy to a multi family complex would help reduce the amount of vacant structures in the area, which is one of this area’s Neighborhood Action Plan’s goals. This area and the intersection of Asher and University are in need of redevelopment to bring investment and people back to this part of the city. The proposed Multi Family would be south and adjacent to the future UALR campus. The applicant plans to market these apartments to UALR students and staff. There is a demand for more residential density near campus since the campus has only limited on- campus housing. The only other Multi Family shown in this vicinity is west of campus on Colonel Glenn Road for the Bradford Place Townhomes and Chateau De Ville Apartments and east at Fair Park for the Fair Oaks Apartments. All of these apartment complexes appear occupied and in varying states of repair. There is no vacant Multi Family shown in this vicinity. The amount of Industrial that this amendment would change is fairly insignificant because of the large amount of land planned for Industrial in this region. The Industrial shown on the plan at the amendment location is only eleven acres. There are more than 300 acres planned for Industrial or Light Industrial east of this location along the south side of Asher. This part of Asher was one of the main routes into Little Rock for many years, but with changes such as the interstate the use pattern has changed for Asher Avenue. With the expansion of the University to the south and alternative traffic routes, this area is less desirable as a manufacturing and distribution area than in the past. There is less demand for Industrial in this area. Even though this section of Little Rock has been developed for many decades, the Plan shows areas yet to develop for industrial use. A portion of the amendment area and south of the application area is shown on the Future Land Use Plan as Park/Open Space. The Future Land Use Plan currently shows more than 200 acres of Park/Open Space in this area. UALR owns the property immediately to the south of the amendment area and plans to use it as intramural fields in the future. This would extend the UALR campus to the south side of Asher Avenue. March 15, 2007 ITEM NO.: G (Cont.) FILE NO.: LU07-09-02 4 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Curran Conway and South of Asher. Staff has not received any comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant on February 27, 2007 requested this item be deferred to the March 15, 2007 Planning Commission Hearing. The item was placed on the consent agenda for deferral. The consent agenda was approved by a vote of 9 for, 0 against with 2 absent. STAFF UPDATE: There has been no change to this application. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The item was placed on consent agenda for approval. By a vote of 8 for, 0 against and 3 absent the consent agenda was approved. March 15, 2007 ITEM NO.: G.1 FILE NO.: Z-8169 NAME: UALR Student Housing Long-form PD-R LOCATION: Located South of Asher Avenue, East of University Avenue DEVELOPER: Place Properties 5215 N. O’Conner Boulevard Suite 200 Irving, TX 75039 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 12.606 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-2 and C-3 ALLOWED USES: Light Industrial Uses and General Commercial Uses PROPOSED ZONING: PD-R PROPOSED USE: Student Housing VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: Place Properties an Atlanta based Student Housing Developer is proposing to develop 192 units on this 12.54 acre site which is know as the Coleman Dairy property. The project consists of eleven three story garden style apartment buildings and a one story community building. Exterior finish for the apartment buildings is painted horizontal fiber cement siding with painted fiber cement accent trim. The roofs are composition shingles and a 6:12 pitch. The community building is stone with some stucco, cast stone and wood accents. The majority of its roof is composition shingles at a 6:12 pitch with some standing seam metal accents. The property will be a secured site with controlled access March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 2 gates allowing only residents to enter the property. Security cameras will be placed around the clubhouse and at a few strategic locations around the property. The clubhouse will consist of offices and leasing space for the management staff as well as a shop for the full time maintenance staff. Resident amenities will include such things as a fitness center featuring various cardiovascular equipment, weight machines and free weights, a club area with pool table, foosball and other gaming activities as well as casual gathering space for resident use. The site amenities will include a resort style swimming pool, basketball court and sand volley ball court. The property will be professionally managed by Place Management Group who will staff the property with approximately eight full time employees including a business manager, leasing manager, leasing staff and maintenance staff. Place Management Group will also employ several part-time Community Assistance persons who are residents/students that live on the property. B. EXISTING CONDITIONS: The site is the “old” Coleman Dairy site and the “old” Asher Drive-in. The buildings are remaining on the Coleman property and there is a building located on the drive-in property. The site is located near the Asher/Colonel Glenn/South University Avenue intersection and area has developed with predominately commercial uses along these roadways. To the south is property owned by UALR and is proposed for athletic fields. To the east is a vacant R-2 zoned property with a creek bisecting the property mid-point. Further north of the site is the UALR Campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The South of Asher and the Curran Conway Neighborhood Associations, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the proposed development were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The existing median east of the proposed driveway should be removed and striping provided for a left turn lane on Asher Avenue into the site. The left turn lane should provide 200 feet of stacking capacity. The existing median located west of the new driveway should be partially removed to provide a left turn lane into Campus Drive and left turns from the site. The left turn lane should provide 200 feet of stacking capacity. March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 3 2. All existing curb cuts should be closed with curb and gutter per AHTD standards. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Private access is proposed through this property. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 60 feet is required and street width of 36 feet from back of curb to back of curb with sidewalks on both sides. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. A portion of this property is located in the 100-year floodplain. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 9. Turn around must be provided for a WB-30 vehicle attempting to enter development. A stacking distance of 30 feet from the call box to the street proposed curb must also be provided. The entrance gate area should be redesigned. It will be difficult for vehicles to maneuver through the gate from the call box location. Contact Bill Henry, Traffic Engineering, at 379-1816 if you have any questions or desire additional information. 10. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 11. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12. Provide a Traffic Impact Study for the intersection Asher Avenue, Campus Drive, and proposed access easement taking into account the proposed project, future UALR plans, pedestrian crossings, and future uses of the property to the south. Contact Bill Henry, Traffic Engineering, at 379-1916 for additional information. 13. Provide design of the intersection including left turn lanes, pedestrian crossings on both sides of the intersection and pedestrian refuge islands. Contact Bill Henry, Traffic Engineering, at 379-1816 for additional information. March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 4 14. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding streetlight requirements. 15. The off-street parking located between Asher Avenue and the entrance gate into the development should be removed. 16. Streetlights are required on Asher and on the street along the east property line. 17. Provide traffic impact study for all traffic and pedestrian activity. Study shall include signal warrants analysis for the intersection of Asher and Campus Drive. 18. Construct eastbound right turn lane into site with 250’ of storage. 19. Reconfigure median islands on Asher to increase left turn storage into Campus Drive and remove left turn storage currently for westbound left turns into Village Shopping Center. 20. Reconfigure existing entrance into Village Shopping Center as right turn in and out only. 21. Remove the parking shown on the access drive from Asher to just south of proposed entry drive. No Parking on access drive within 50’ of entrance drive. 22. Provide right turn lane into access drive for stacking due to gate access. 23. Construct sidewalks and rebuild curbs on Asher along north property line. 24. Construct “T” turn around at the end of the access drive. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Relocation of existing sewer main is required prior to the start of construction. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 5 metered connections off the private fire system. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. The development is required to maintain a minimum gate opening of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Routes #14 – the Rosedale Route and #17A the Mabelvale UALR Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning to allow 192 units of student housing to be constructed on the site. A land use plan amendment for a change to Multi Family is a separate item on this agenda (LU07-09-02). Master Street Plan: Asher Avenue is shown as a Principal Arterial on the plan. 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 Asher Avenue since it is a Principal Arterial. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The Oak Forest Neighborhood Action Plan covers the application area. Their community image goal states a need to “eliminate vacant or blighted structures.” The housing goal also calls for the construction of new residential units. The application would remove the old Coleman Dairy site and the old drive in and replace it with new multi family housing. March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 6 Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine foot (9’) wide landscape strip along all perimeters of the property. Site plan appears short in some areas. A variance must be obtained from the City Beautiful Commission for approval prior to the issuance of a building permit. 3. The zoning buffer ordinance requires a fifty foot wide (50) land use buffer between the proposed new road and the residential property to the east. Seventy percent (70%) of these buffers are to remain undisturbed. 4. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. Some of the proposed areas do not meet this minimum standard. 5. An automatic irrigation system to water landscaped areas will be required. 6. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (February 8, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff stated a CATA Bus pull-off may be required and requested the applicant contact CATA to determine if a pull-off would be required. Staff also stated the access easement should be indicated as a 60-foot access and utility easement to meet commercial street design standards. Staff also requested the developer provide the proposed construction materials, the building height and the proposed fencing material. Public Works comments were addressed. Staff stated a traffic impact study would be required to determine the impact on Asher Avenue, Campus Drive and the proposed access easement. Staff also stated a turn around should provide for a WB-30 vehicle attempting to enter the gated development. Staff stated a secondary access for emergency vehicles would be required to allow access to the site if for some reason the main entrance was blocked. March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 7 Landscaping comments were addressed. Staff stated a nine foot landscape strip would be required along all perimeters. Staff also stated a 50-foot land use buffer would be required along the eastern perimeter of the site adjacent to the service drive. Staff stated interior landscape islands would be required at a minimum of 300 square feet in area. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the February 8, 2007, Subdivision Committee meeting. The applicant has indicated a bus pull-off for CATA, indicated the access easement as a 60-foot access and utility easement and indicated sidewalks on both sides of the easement. The applicant has also provided a secondary entrance to the development. The site plan indicates the placement of a seven foot landscape strip along the perimeters of the site. The site is located east of University Avenue, the designated mature area of the City which allows the minimum landscape strip to be reduced to six feet nine inches. The site plan indicates interior landscaping will be added per minimum ordinance standards. The site plan indicates the development will be constructed in a single phase. There are a total of eleven residential buildings and a community building. The development is proposed as a gated community and fencing is proposed around the perimeter of the site. Fencing is proposed six feet in height and constructed of brick, wrought iron and wood. The units are proposed as three story buildings with a maximum height of 35-feet. The construction materials are brick, brick and stone, stucco, siding and wood. Three building footprints are proposed. Building footprint I contains twenty-four one bed, one bath units with a total of twenty-four beds per building. Building 9 is proposed as this prototype. Building footprint II is proposed with twelve four bed, four bath units and twelve two bed, two bath units. There are seventy-two beds per building. Buildings 2, 4, 5 and 8 are proposed as this prototype. Building footprint III is proposed containing twelve four bedroom four bath units. There are forty-eight beds per building. Buildings 6, 7, 10 – 12 are proposed as this prototype. A total of 192 units are proposed with a total of 600 beds. The site plan indicates the placement of 600 parking spaces. The parking is indicated with 589 resident spaces and 11 visitor spaces. The resident parking is proposed with 190 covered parking spaces and 399 uncovered parking spaces. A single ground mounted sign is proposed near the entrance to the development from Asher Avenue. The sign is proposed with a maximum height of six feet and March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 8 a total sign area not to exceed thirty-two square feet. The signage is consistent with signage allowed in multi-family zones. The development is proposed as a gated community. Concerns were raised at the February 8, 2007, Subdivision Committee meeting related to the gated entrance. The revised site plan has not provided a turn around as requested by staff sufficient to accommodate a WB-30 vehicle attempting to enter the gated development. Staff also has concerns with the placement of the call box. The entrance as indicated does not allow sufficient stacking outside the access and utility easement. The access and utility easement is to function as a City street. Staff is concerned with the lack of on-site stacking. The stacking will occur on the easement. The revised site plan does not include the land use buffer along the eastern perimeter of the site. The zoning ordinance would typically require the placement of a 50-foot landscape strip along the eastern perimeter where abutting residentially zoned or used property. Portions of this area are located in the floodplain and floodway of a drainage structure which bisects the adjoining property. The property is indicated as Light Industrial on the City’s Future Land Use plan and is not likely to develop with a residential use. Staff is supportive of the buffer as indicated on the site plan. The applicant has not provided staff with the requested traffic study. Staff requested the applicant provide a traffic impact study to determine the impact on Asher Avenue, Campus Drive and the proposed access easement. The developers have committed to funding the cost of a traffic signal at the intersection of Campus Drive, Asher Avenue and the access easement should a signal be warranted. Staff is supportive of this agreement. Staff is supportive of the development concept and many aspects of the development. The development is proposed to fill a housing need for the campus in dormitory style housing but funded by a private developer. The units will be arranged around centralized kitchen and den area with private bedroom and baths. A community building is proposed within the development to serve as common public space. In addition, the site will contain a swimming pool, basketball court and volleyball pit. Staff does have concerns with the indicated gated entrance and the lacking of stacking outside the service easement. Staff feels the applicant should address this concern by eliminating the gate or by reworking the entrance to allow adequate stacking, a minimum of 40-feet from the curb line, outside the service easement. March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 9 I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present. There were no registered objectors present. Staff stated on February 28, 2007, the applicant submitted a request for a deferral of the item to the March 15, 2007, public hearing. Staff stated the deferral 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. A motion was made to waive the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. A motion was made to place the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating they and the applicant had worked out staff’s concerns related to the proposed street design and access to the site. Staff stated the developer had agreed to construct a signal for pedestrian access from the development to UALR and agreed to construct a left turn lane in each direction on Asher Avenue. Staff stated the drive to the development would be constructed as a 24-foot roadway to serve the development and property to the south of the site. Staff stated the maximum building height proposed was 40-feet rather than the 35-feet indicated in the write-up. Staff stated the developer would construct a perimeter fence constructed of brick, wood or wrought iron or a combination of these materials. Staff stated the development would have a manager on-site during normal office hours but an on-site manager would not be present 24-hours per day. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented additional conditions that the left turn lanes on Asher Avenue be added in both directions and a traffic signal be installed to allow pedestrian access from the site to the UALR campus. Staff stated the development was referred to as UALR Student Housing but was not funded by UALR. Staff stated the development would be solely funded and constructed by a private developer. March 15, 2007 SUBDIVISION ITEM NO.: G.1 (Cont.) FILE NO.: Z-8169 10 There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: 1 FILE NO.: G-23-378 Name: Vogler Street – Right -of-Way Abandonment Location: Adjacent to Block 2, Blankenship’s Addition Owner/Applicant: Edward Wright Request: To abandon the undeveloped 20-foot wide Vogler Street right-of-way (20 feet by 150 feet) adjacent to Lots 10-12, Block 2, Blankenship’s Addition (south of Leander Street). Purpose: To incorporate the area of abandonment into the three (3) adjacent single-family residential lots to the east for replatting. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. Two (2) of the utilities request all or part of the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. Drainage easements should be maintained in the right-of-way to convey storm water from adjacent property. B. Master Street Plan: There are no Master Street Plan issues, as the right-of-way is not classified as a collector street or higher. C. Characteristics of Right-of-Way Terrain: The area of right-of-way is currently undeveloped property. D. Development Potential Once abandoned, the right-of-way will be incorporated into the three (3) adjacent single-family lots to the east. The property owner is planning to replat the three (3) lots to front Leander Street to the north. March 15, 2007 ITEM NO.: 1 (Cont.) FILE NO.: G-23-378 2 E. Neighborhood and Land Use Effect There is undeveloped residential property along the east and west sides of the right-of-way area. Leander Street is located immediately to the north. Single-family residences are located to the south, fronting West 17th Street and a developed portion of Vogler Street. F. Neighborhood Position The Leander Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the proposed abandonment. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. Retain area as an easement. Entergy: No objection to abandonment. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Retain fifteen (15) foot easement, 7.5 feet on either side of existing telephone cable in Vogler Street right-of-way. Water: No objection to abandonment. H. Reversionary Rights This portion of Vogler Street was dedicated with the Blankenship Addition plat of 1913. The entirety of the subdivision is on the east side of the right-of-way. Therefore, all reversionary rights will extend to the property owner to the east (Lots 10-12, Block 2, Blankenship’s Addition). I. Public Welfare and Safety Issues Abandoning this undeveloped street right-of-way will have no adverse effect on the public welfare and safety. The Little Rock Fire Department has no objection to the abandonment. March 15, 2007 ITEM NO.: 1 (Cont.) FILE NO.: G-23-378 3 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) Edward Wright was present, representing the application. Staff briefly described the proposed right-of-way abandonment. Staff noted the Public Works and Utility Comments. Staff explained that there were no outstanding issues associated with the abandonment request. After the discussion, the Committee forwarded the issue to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the abandonment of the undeveloped portion of Vogler Street right-of-way (20 feet by 150 feet) adjacent to Lots 10-12, Block 2, Blankenship’s Addition, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved. March 15, 2007 ITEM NO.: 2 FILE NO.: Z-4336-CC Owner: Arkansas Children’s Hospital Applicant: Kent Taylor, Cromwell Architects Engineers Location: Part of Lot 4, Block 1, Fitzgerald’s Addition (block bounded by Dr. Martin Luther King Drive, West 10th Street, Maryland Avenue and Bishop Street) Area: 0.11 Acre Request: Rezone from I-2 to O-2 Purpose: Parking lot Existing Use: Vacant property SURROUNDING LAND USE AND ZONING North – Office use and Arkansas Children’s Hospital facilities (across Maryland Avenue); zoned O-3 and C-3 South – Office use and Arkansas Children’s Hospital facilities; zoned O-2 and O-3 East – Martin Luther King Elementary School (across M.L.K. Drive); zoned R-4, O-3 and I-2 West – Arkansas Children’s Hospital facilities (across Bishop Street); zoned O-2 and C-3 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Routes #11 and #3, the Martin Luther King, Jr. and Baptist Medical Center Bus Routes. 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 Central High, Downtown, Capitol Hill and Wright Avenue Neighborhood Associations were notified of the public hearing. March 15, 2007 ITEM NO: 2 (Cont.) FILE NO.: Z-4336-CC 2 D. LAND USE ELEMENT: This request is located in the Central City Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for a rezoning from I-2 Light Industrial to O-2 Office and Institutional. The request does not require a change to the Land Use Plan. Master Street Plan: Dr. Martin Luther King, Jr. Drive is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. West 10th Street, Maryland Avenue, and Bishop Street are all shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. Such streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class II bike route is shown on Dr. Martin Luther King, Jr. Drive. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. 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. E. STAFF ANALYSIS: Arkansas Children’s Hospital, owner of the 0.11 acre property described as part of Lot 4, Block 1, Fitzgerald’s Addition, is requesting to rezone the property from “I-2” Light Industrial District to “O-2” Office and Institutional District. The property is located behind 1520 West 10th Street. The rezoning is proposed in order to add this 0.11 acre into the property immediately north, east and west for the development of a parking lot to serve the hospital. A site plan review application to construct the parking lot on the adjacent property was approved by the Planning Commission on January 18, 2007. A revised site plan review application to add this 0.11 acre to the previously approved parking lot is a separate item on this agenda (Z-4336-DD). March 15, 2007 ITEM NO: 2 (Cont.) FILE NO.: Z-4336-CC 3 The property is currently undeveloped. Office uses and Arkansas Children’s Hospital facilities are located north and south of the subject property. Martin Luther King Elementary School is located across M.L.K. Drive to the east. Additional Children’s Hospital facilities are located to the west. The City’s Future Land Use Plan designates this property as Public Institutional”. The requested O-2 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested zoning. Staff views the requested rezoning as a very minor issue. The majority of this block was recently rezoned to O-2 to allow the proposed new parking lot. At that time the hospital did not have ownership of this 0.11 acre. Staff believes rezoning this 0.11 property to O-2 for development of a parking lot to serve adjacent Children’s Hospital facilities will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 rezoning. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved. March 15, 2007 ITEM NO.: 3 FILE NO.: Z-4336-DD NAME: Arkansas Children’s Hospital Zoning Site Plan Review, located between Martin Luther King Boulevard and Bishop Street LOCATION: South of Maryland Avenue and North of 10th Street DEVELOPER: Arkansas Children’s Hospital Attn: Mr. Scott Gordon, COO 800 Marshal Street Little Rock, AR 72202 ENGINEER: Cromwell Architects and Engineers Attn: Kent Taylor 101 South Spring Street Little Rock, AR 72201 AREA: 1.64 Acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 0.11 Acre CURRENT ZONING: I-2 and O-2 (See Item #2 File No. Z-4336-CC – A request to rezone from I-2 to O-2) PLANNING DISTRICT: 8 –Central City CENSUS TRACT: 10 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: On January 18, 2007, the Planning Commission unanimously approved a zoning site plan for the construction of a parking lot within Block 1, Fitzgerald’s Addition (block bounded by Dr. Martin Luther King, Jr. Drive, West 10th Street, Maryland Avenue and Bishop Street). The parking lot is to serve Arkansas Children’s Hospital facilities. The proposed parking lot occupies the majority of the block, with the exception of Lots 4, 5, 6 and parts of Lots 7 and 8. A revised site plan is proposed to add a small area (Lot 4) March 15, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-4336-DD 2 to the parking lot site plan. The hospital recently obtained ownership of Lot 4, Block 1, Fitzgerald’s Addition. The revised parking lot plan contains 140 parking spaces. The previously approved plan contained 113 spaces. The only other change to the previously approved site plan is the sidewalk along M.L.K. Drive has been moved back, with a sodded area provided between the sidewalk and the street curb. All other aspects of the previously approved site plan, including access points from Maryland Avenue and Bishop Street, remain unchanged. The proposed revised site plan and January 18, 2007 Planning Commission minute record are attached for Planning Commission review. B. REVISED PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersections of 10th Street and Martin Luther King, Jr. Drive; 10th and Bishop; Maryland and Bishop; and Maryland and Martin Luther King, Jr. Drive. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. The curvatures of the adjacent intersection radiuses (Bishop and Maryland; Maryland and Martin Luther King, Jr. Drive; Martin Luther King, Jr. Drive and 10th Street; Martin Luther King, Jr. Drive and Bishop) should be improved to twenty-five (25) feet radiuses. Improvements on the intersection radiuses on 10th Street can be deferred until 10th Street is improved to a collector street standard per the Master Street Plan as required by the closing of Marshall Street and Maryland Street. 4. Old curb cuts where access is not taken should be removed and filled with new curb. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 7. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 8. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. March 15, 2007 ITEM NO.: 3 (Cont.) FILE NO.: Z-4336-DD 3 C. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) Aaron Scott, of Cromwell Architects Engineers, was present, representing the application. Staff briefly described the proposed revised site plan, Staff noted that the Public Works Comments had been revised slightly, and that all other comments (utilities, landscape, etc.) from the previous approval remained the same. Staff explained that the sidewalk along M.L.K. Drive would be pulled back, with sod provided between the sidewalk and the street curb. In response to a question from the Committee, Mr. Scott noted that the sod areas between the sidewalks and street curbs would contain sprinkler systems. D. STAFF RECOMMENDATION: Staff recommends approval of the revised zoning site plan, subject to compliance with the previously approved conditions (January 18, 2007) and the revised Public Works Comments as noted in the staff report. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was approved. March 15, 2007 ITEM NO.: 4 FILE NO.: Z-1903-A NAME: Centro Cristiano Hispano Church Parking Lot – Conditional Use Permit and Alley Right-of-Way Abandonment LOCATION: 8114 West 36th Street OWNER/APPLICANT: Centro Cristiano Hispano PROPOSAL: A conditional use permit is requested to allow for construction of additional parking for this existing church. The property is zoned R-3. 1. SITE LOCATION: The church is located at the northeast corner of West 36th and Walker Streets. The proposed new parking lot is located on the north side of the church building. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been a part of this neighborhood for many years. Single family residences on R-3 zoned lots are located around the church. A city park is located on a four-block parcel to the south. The new parking lot will be designed to comply with landscape and screening requirements. Allowing the proposed new parking lot should not affect the church’s continued compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has a paved, 30± space parking lot with access off of West 36th and Gilman Streets. The church has a seating capacity of 270 persons. For churches built prior to 1988, the required parking is one space per 5 seats; requiring 54 spaces. The proposed new parking lot, with access off of Walker Street, contains 24 spaces; bringing the site into compliance with parking requirements. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinance is required. Areas set aside for landscaping appear to meet ordinance requirements. March 15, 2007 ITEM NO.: 4 (Cont.) FILE NO.: Z-1903-A 2 A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required along the northern perimeter of the site where adjacent to residentially zoned property. A water source must be located within seventy-five (75) feet of landscape areas. 5. PUBLIC WORKS COMMENTS: 1. West 36th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Due to the location of the building, right-of-way can be dedicated to the back of the sidewalk. 2. The proposed land use would classify Walker Street on the Master Street as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20-foot radial dedication of right-of-way is required at the intersection of 36th Street and Walker Street. 4. Drainage easements should be maintained in the right-of-way to convey storm water from adjacent property. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. No objection to alley right- of-way abandonment. Entergy: Approved as submitted. 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 needed. Central Arkansas Water has no objection to abandonment of the alley. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. March 15, 2007 ITEM NO.: 4 (Cont.) FILE NO.: Z-1903-A 3 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicants were present. Staff presented the item and noted little additional information was needed. Staff noted that any new site lighting would need to be shielded downward and into the site. Public Works and Landscape Comments were discussed. Staff commented that right-of-way dedication was required to the back of the sidewalk. In response to a question, the applicant indicated screening would be in the form of dense, evergreen plantings. The applicant noted the church was pursuing the possible purchase of the property to the north of the proposed parking lot. Staff commented that a neighborhood meeting was held at the church on February 13, 2007 and those neighbors present indicated support for the church’s plans. There was no further discussion and the Committee forwarded the item to the full Commission. STAFF ANALYSIS: Centro Cristiano Hispano Church occupies the R-3 zoned property located at 8114 West 36th Street. The site was previously occupied by Douglasville Baptist Church. The church was constructed prior to the requirement of a conditional use permit. CCHC acquired the site in the late 1990’s and the congregation has continued to grow. The property contains a two-story education building, an attached sanctuary constructed in the 1960’s and a 30 space parking lot. The church has acquired the property adjacent to the north of sanctuary building. That property contains a dilapidated residential structure. The church proposes to raze the structure and build in its place a 24-space parking lot. The parking lot will take access off of Walker Street. The proposed parking lot has been designed to fully comply with the City’s Landscape and Buffer Ordinances. Screening on the north will consist of dense evergreen plantings within a 12-foot wide buffer. Right-of-way dedication and sidewalk have been indicated. To staff’s knowledge, there are no outstanding issues associated with the proposed parking lot. The 1907 John Barrow bill of assurance does not address use issues. In conjunction with the C.U.P., the church is proposing to abandon the alley right- of-way, which currently bisects the site. The alley is platted but undeveloped. Staff is supportive of the abandonment. March 15, 2007 ITEM NO.: 4 (Cont.) FILE NO.: Z-1903-A 4 On February 13, 2007, the church hosted a neighborhood meeting for nearby residents and representatives of the neighborhood association. Those present indicated support for the proposed. 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. Any new site lighting must be shielded downward and into the site. Staff also recommends approval of the requested alley right-of-way abandonment. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There were no objectors present. A letter of support had been received form the John Barrow Neighborhood Association. 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 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: 5 FILE NO.: Z-5236-B NAME: Wakefield Elementary School – Revised Conditional Use Permit LOCATION: 75 Westminister Drive OWNER/APPLICANT: Little Rock School District/Allison Architects PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for construction of a classroom addition. The property is zoned R-2. 1. SITE LOCATION: The school is located on the southeast corner of Lancaster Road and Westminister Drive, approximately ¼ mile south of West 65th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: A school has been a part of the neighborhood at this location for many years. The school was rebuilt three years ago after a fire destroyed much of the building. The proposed classroom addition onto the existing building will not affect the school’s continued compatibility with the surrounding R-2 zoned, single family neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The school currently has 28 classrooms and 50 employees; requiring 78 on-site parking spaces. There are 66 parking spaces and a separate bus lane on site. A variance was granted with the 2003 C.U.P. approval. The six classroom addition will require an additional 12 parking spaces. No new spaces are proposed. Staff supports a continued variance to allow a reduction in the number of required parking spaces for this neighborhood school. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinance is required. A land use buffer averaging thirty-three (33) feet in width, with at least seventy percent (70%) to remain undisturbed is required on the east March 15, 2007 ITEM NO.: 5 (Cont.) FILE NO.: Z-5236-B 2 perimeter where adjacent to residential property. Screening is required on the east perimeter; either a six (6) foot wood fence or dense evergreen plantings. 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. At the time of building permit, additional storm water detention will be required to be provided. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. 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 needed. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges for larger and additional meter(s). Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicants were present. Staff presented the item and noted little additional information was needed. In response to a question, the applicant stated the building addition would be constructed to match the existing building. Staff noted buffer and screening would be required on the east side of the addition where the site is adjacent to single family residences. Public Works and Utility Comments were noted. There was no further discussion and the Committee forwarded the item to the full Commission. March 15, 2007 ITEM NO.: 5 (Cont.) FILE NO.: Z-5236-B 3 STAFF ANALYSIS: Wakefield Elementary School is located on the 6±-acre, R-2 zoned tract at 75 Westminister Drive. In 2002, the previous elementary school was destroyed by fire. In 2003, a C.U.P. was approved to allow for construction of a new school. The existing school was completed in August 2004. The Little Rock School District now proposes to construct a six room addition onto the existing 28 classroom school. The addition will be placed on the east end of the building and will be constructed of materials to match the existing building. No other changes are proposed to the site. Staff is supportive of the request. The applicant has agreed to place screening in the land use buffer east of the addition. To staff’s knowledge, there are no outstanding issues. This unplatted, acreage tract is not covered by a bill of assurance. At the time of the 2003 C.U.P. approval, the Commission granted a variance to allow a reduction in the number of on-site parking spaces. Staff recommends approval of a similar variance for this six room addition. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of a parking variance to allow a reduction in the number of on site parking spaces. PLANNING COMMISSION ACTION: (MARCH 15, 2007) 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 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: 6 FILE NO.: Z-7392-A NAME: Islamic Center of Little Rock Parking Lot – Conditional Use Permit LOCATION: 3217 Anna Street OWNER/APPLICANT: Islamic Center of Little Rock PROPOSAL: A conditional use permit is requested to allow for expansion of the existing parking lot on this R-3 zoned site. 1. SITE LOCATION: The property is located on the east side of Anna Street, between West 32nd and Lucie; two blocks east of Fair Park. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Islamic Center property is located in an area of mixed zoning and uses. R-3 zoned properties are located to the west and north, across Anna Street and West 32nd. The Center is constructing a new multipurpose building on the east half of this block. An I-2 zoned contractor’s yard is located to the northeast. Other Islamic Center facilities occupy the remainder of this block and portions of the block to the west. Allowing this “fill-in” expansion of the parking lot will not affect the Center’s compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Curran Conway, Fair Park and South of Asher Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The Islamic Center had previously received approval to construct a parking lot on the two lots at 3201 and 3207 Anna Street. With the addition of this lot at 3217 Anna, all three lots will be incorporated into a single parking lot containing 29 spaces. A second parking lot is located at the south end of the block. Additional parking is located across Anna Street to the west. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinance is required. March 15, 2007 ITEM NO.: 6 (Cont.) FILE NO.: Z-7392-A 2 Perimeter landscape strips shall not fall below 6.75 feet in width. This takes into account that the property lies in the designated “mature area”. Interior landscape islands are required equal to no less than eight percent (8%) of the vehicular use area. Minimum size of landscape islands is 150 square feet. Irrigation system is required. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sanitary Sewer Main located on site. No construction of any permanent structure or new utilities within five (5) feet of existing sewer main. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. A water main extension will be required to provide adequate domestic service and fire protection. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. A bus route is located on Asher Avenue and Fair Park Boulevard; just south and west of the site. March 15, 2007 ITEM NO.: 6 (Cont.) FILE NO.: Z-7392-A 3 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicant was present. Staff presented the item and noted little additional information was required. The applicant was asked to show any proposed fencing, site lighting and signage. Public Works and Landscape Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The Islamic Center of Little Rock occupies the entirety of the block bounded by West 32nd, Anna, Lucie and Mary Streets. Prior C.U.P. approvals have allowed construction of buildings and parking on the block. The last parking lot approval was for the two lots located at 3201 and 3207 Anna Street. At that time, the Center did not own the lot at 3217 Anna. The Center has now acquired that lot and wishes to incorporate it into a design for a parking lot to occupy all three of those lots. Access will be off of Anna Street and the lot will contain 29 spaces. The lot will be paved and landscaped to comply with all city codes. Although no fencing is proposed at this time, the prior approval allowed fencing of the lot. Site lighting is indicated at the perimeters of the parking lot. No signage is proposed in conjunction with the parking lot. To staff’s knowledge, there are no outstanding issues. The addition of this one lot completes the Center’s ownership of the block. Allowing this “fill in” for parking is an appropriate use of the site. The bill of assurance does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Any new site lighting must be shielded downward and into the site. 3. Any fencing for the parking lot must comply with that allowed in office zones. March 15, 2007 ITEM NO.: 6 (Cont.) FILE NO.: Z-7392-A 4 PLANNING COMMISSION ACTION: (MARCH 15, 2007) 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, 3 absent and 1 recusing (Rahman). March 15, 2007 ITEM NO.: 7 FILE NO.: Z-7934-A NAME: Isclaw Multisectional Manufactured Home – Conditional Use Permit LOCATION: 18,501 Crystal Valley Road OWNER/APPLICANT: Jason Isclaw/Steve Giles PROPOSAL: A conditional use permit is requested to allow a multisectional manufactured home on this R-2 zoned tract. 1. SITE LOCATION: The property is located on the northwest corner of Crystal Valley Road and Posey Lane; ¼ mile south of Lawson Road. The site is outside of the city limits but within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature and is characterized primarily by single-family homes on large tracts. The single-family homes are in a variety of styles; including site built and manufactured homes. There are several single- wide manufactured homes in the area. A church and cemetery are located north of the site, at the intersection of Crystal Valley and Lawson. The proposed multisectional manufactured home is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Crystal Valley and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: One on-site parking space is required. The property has a concrete driveway off of Posey Lane with space for parking six vehicles. 4. SCREENING AND BUFFERS: No Comment. March 15, 2007 ITEM NO.: 7 (Cont.) FILE NO.: Z-7934-A 2 5. PUBLIC WORKS COMMENTS: Crystal Valley Road is classified on the Master Street Plan as a principal arterial. The right-of-way planned whenever future development takes place is 55 feet from centerline. If the Master Street Plan right-of-way is ever dedicated, under any circumstance, the property owner must move the manufactured home to a point 25 feet behind the new right-of-way line; a total of 80 feet from the centerline of Crystal Valley Road. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No comment. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: A statement of approval was previously submitted by the Crystal Fire Department. County Planning: No Comment received. CATA: Outside service area, no comment. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicant was not present. Staff presented the item and noted there was no additional information needed. Staff noted the Master Street Plan right-of-way and the prior condition that the home be relocated if the right-of-way is ever dedicated. Staff also noted the siting criteria of Section 36-254(d)(5). The Committee determined there were no outstanding issues and forwarded the item to the full Commission. March 15, 2007 ITEM NO.: 7 (Cont.) FILE NO.: Z-7934-A 3 STAFF ANALYSIS: In 2005, Jason Isclaw placed a multisectional manufactured home on the R-2 zoned, one acre tract located at 18501 Crystal Valley Road. He was not aware that the site was within the City’s extraterritorial jurisdiction and a conditional use permit was needed. After being advised of the violation, he applied for a C.U.P. On October 13, 2005, the Planning Commission approved the C.U.P. with a vote of 7 ayes, 2 noes and 2 absent. An objector appealed to the Board of Directors. On December 5, 2005, the Board voted 4 ayes, 5 noes and 2 absent on the C.U.P. The applicant subsequently filed with the Court to reverse the Board’s action. In late 2006, the appeal was dismissed by the court based on a technical issue. Since it had been more than a year since his denial, on January 16, 2007, the applicant reapplied for approval of the C.U.P. The home is a 1999 model, 28’ X 80’, vinyl siding home. The applicant proposed to add covered decks on the front and rear. The home has been placed at the end of an existing concrete driveway where a single-wide manufactured home was previously located. Fencing and a storage building will be located on the site to comply with R-2 district standards. Staff is supportive of the proposed C.U.P. The home is compatible with uses in the general area. The applicant has agreed to relocate the home to a point 25 feet behind the Crystal Valley Road right-of-way line if the right-of-way is ever dedicated, under any circumstances, to 55 feet from centerline as required by the Master Street Plan. There is no bill of assurance for this unplatted acreage tract. To staff’s knowledge, there are no outstanding issues. There are numerous manufactured homes located in the general area. A C.U.P. for a multisectional manufactured home was approved on nearly Chicopee Trail in September 2006. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. If the Master Street Plan right-of-way for Crystal Valley Road is ever dedicated, under any circumstance, the property owner must move the manufactured home to a point 25 feet behind the new right-of-way line; a total of 80 feet from the centerline of Crystal Valley. March 15, 2007 ITEM NO.: 7 (Cont.) FILE NO.: Z-7934-A 4 3. The home must be placed on the property in compliance with the following siting criteria from Section 36-254(d)(5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the April 26, 2007 agenda. The vote was 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: 8 FILE NO.: Z-8174 NAME: Temple of Restoration Church of God in Christ Day Care – Conditional Use Permit LOCATION: 10,610 Chicot Road OWNER/APPLICANT: Temple of Restoration Church of God/ Darrell and Lisa Boyd PROPOSAL: A conditional use permit is requested to allow a day care center to be operated in this existing; R-2 zoned church. 1. SITE LOCATION: The church is located on the west side of Chicot Road, one block south of Mabelvale Cut-Off. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church is located in an area of mixed zoning and uses. The C-3 zoned properties to the north, around the intersection of Chicot and Mabelvale Cut-Off, contain a convenience store, cellular tower and a dairy bar. A City of Little Rock Fire Station is located across Chicot Road to the east. Other uses in the area include single family homes, nonconforming businesses and Chicot Elementary. The proposal to have a day care center within this existing church is compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the SWLR United for Progress, Legion Hut and Rob Roy Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Two driveways provide access to the site from Chicot Road. Parking is located behind and in front of the church building. Driveways are located on both sides of the building. There is more than sufficient parking and drop-off space on the site to accommodate the proposed day care. 4. SCREENING AND BUFFERS: Playground area should be screened by a six (6) foot tall wood fence where adjacent to residential properties. Fence is to be constructed with the finished side facing outward. March 15, 2007 ITEM NO.: 8 (Cont.) FILE NO.: Z-8174 2 5. PUBLIC WORKS COMMENTS: 1. Chicot 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. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: Additional fire hydrant(s) may be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water if larger and/or additional meter(s) are needed. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges for additional or larger meters. Fire Department: Fire sprinklers and additional fire hydrants may be required. Contact Fire Marshall’s office. County Planning: No Comments. CATA: The site is not located on the CATA bus route. A bus route is located just north of the site, at Chicot and Mabelvale Cut-Off. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicant was present. Staff presented the item and noted little additional information was needed. Staff noted a screening fence would be required on the perimeter of the site where the playground was proposed to be located. Public Works staff noted the requirement to dedicate right-of-way for Chicot Road. The applicant was advised to meet with staff to discuss the issue. March 15, 2007 ITEM NO.: 8 (Cont.) FILE NO.: Z-8174 3 There was no further discussion and the Committee forwarded the item to the full Commission. STAFF ANALYSIS: Temple of Restoration Church of God in Christ occupies the 3.46 acre, R-2 zoned tract located at 10,610 Chicot Road. The property contains a church building, areas of paved parking and a detached multipurpose building. A conditional use permit is requested to allow a day care center to be operated in the church. The days and hours of operation are proposed as Monday through Friday, 6:00 a.m. to 6:00 p.m. A maximum enrollment of 86 children is proposed. Staffing will be as required by the State for the number of children. The existing driveways and paved parking are sufficient for use by the day care. A playground area will be located behind the building. A screening fence will be placed on the perimeter of the site where the playground is to be located. Staff is supportive of the request. Allowing a day care to be operated within this existing institutional facility on an arterial street is appropriate. There is no bill of assurance for this acreage tract. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the 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. A six-foot tall wood screening fence is to be constructed along the perimeters of the site where the playground is to be located. The fence is to be constructed in “good neighbor” fashion, with its finished side facing out. 3. Signage for the site is to be limited to one ground-mounted sign complying with the criteria for office and institutional zones (6 feet in height and 64 square feet in area) and wall signage on the façade of the building not exceeding 32 square feet in area. PLANNING COMMISSION ACTION: (MARCH 15, 2007) 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. March 15, 2007 ITEM NO.: 8 (Cont.) FILE NO.: Z-8174 4 The item was placed on the consent agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: 9 FILE NO.: Z-8175 NAME: Brown Accessory Dwelling – Conditional Use Permit LOCATION: 217 S. Johnson Street OWNER/APPLICANT: Cindy Brown PROPOSAL: A conditional use permit is requested to allow for conversion of an existing accessory building into a two-story accessory dwelling. The property is zoned R-3. 1. SITE LOCATION: The site is located on the east side of S. Johnson Street, two blocks south of West Markham. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is principally single family in zoning and use. The immediate neighborhood does also contain a scattering of duplex residential. There are several commercial uses located farther north of the site, at Markham and Kavanaugh. The structure proposed for use as an accessory dwelling already exists. The applicant proposes some relatively minor renovations to the structure and the addition of some paved parking within the fenced rear yard. The proposed use could be compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Capitol View Stifft Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has a gravel driveway that extends from Johnson Street, along the south side of the house, to the rear yard. The applicant proposes to pave the driveway and to create a paved parking pad in the rear yard. Each dwelling unit is required to have one parking space. The applicant’s proposal will provide the required on-site parking. On street parking is also available. 4. SCREENING AND BUFFERS: No Comments. March 15, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8175 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. If both units are served off the same water meter, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicant was not present. Staff presented the item and noted little additional information was needed. Staff noted the applicant would be asked to provide a description of the building design and fencing and whether separate utilities would be requested. Staff also noted the ordinance requirement that the property owner must occupy one of the dwellings. Utility comments were noted. March 15, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8175 3 Staff stated they would visit with the applicant to obtain answers to the questions. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 217 South Johnson Street is occupied by a two- story, brick and frame, single-family residence and a two-story accessory building. The accessory building currently has a garage and storage space on the ground floor and a semi-finished second floor. The applicant is requesting approval of a conditional use permit to allow conversion of the accessory building into an accessory dwelling. The ground floor is proposed to contain a living area and kitchen. The second floor is proposed to contain a bedroom and a bathroom. A variance is requested to allow the two-story accessory dwelling. The code allows two-story accessory dwellings, if the ground floor is used as a garage or storage space. The accessory building currently has T111 siding. The applicant will add insulation and vinyl siding so that the structure matches the color of the house. A dormer will be added on the north side of the second floor roof to provide additional light and egress. Separate utilities are requested. The applicant intends to use the accessory dwelling for her daughter to live in while she attends college, later for her mother to live in and as a rental unit when it is not otherwise occupied by a family member. The existing, gravel driveway will be paved and a paved parking pad will be built in the rear yard. The rear yard is enclosed by a six-foot tall, wood privacy fence. The applicant has acknowledged the ordinance requirement that the property owner must occupy one of the dwellings and has committed to that requirement. The 1893 bill of assurance is illegible but likely does not address use issues. Staff is supportive of the requested C.U.P. To staff’s knowledge, there are no outstanding issues. The applicant responded to questions raised at Subdivision Committee as indicated in the analysis above. The concept of accessory dwellings or even of duplex dwellings is not out of character for the overall area; including Capitol View Stifft Station and Hillcrest. 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 Section 6 of the Agenda Staff report. March 15, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8175 4 2. The property owner must occupy one of the dwelling units as required by Section 36-252(a)(3) of the Code. This requirement is to run with the land and is to apply to any subsequent owners of this property. Staff recommends approval of the variance request to allow the two-story accessory dwelling. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was present. There was one objector present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outline in the “staff recommendation” above, including the variance to allow a two story accessory dwelling. The applicant, Ms. Brown, stated she would reserve her time to respond to concerns raised by the opposition. Davis Zoelner, of 138 Booker Street, spoke in opposition. He stated he wished the property to remain single family only. He stated the neighborhood was “inundated” with rentals and he did not want another rental unit. Mr. Zoelner said he was ok with Ms. Brown’s family members occupying the accessory dwelling and asked if the approval could be limited to this applicant only. Commissioner Williams asked if the C.U.P ran with the property. Dana Carney, of staff, responded that C.U.P.’s ran with the land unless the Commission conditioned it otherwise. He stated the applicant would be making structural modifications to the building to accommodate the accessory dwelling and, if the approval went only with this applicant, a subsequent owner would have to remove those modifications. Commissioner Meyer recounted a time when he lived in the neighborhood and had been “cussed out” by children on this property when he and his wife were walking down the street. Ms. Brown stated she could not recall when such an event occurred. There was a brief discussion of the event before the Commission moved on. Ms. Brown stated she had attended a meeting of the neighborhood association and of the thirty or so persons present, only two had expressed any concern about her proposal. A motion was made to approve the application, subject to compliance with all staff comments and conditions. The motion was approved by a vote of 6 ayes, 2 noes and 3 absent. March 15, 2007 ITEM NO.: 10 FILE NO.: Z-8176 NAME: Little Rock Bridge Club – Conditional Use Permit LOCATION: 7415 Indiana Street OWNER/APPLICANT: Highlands Baptist Church/Terry Burruss PROPOSAL: A conditional use permit is requested to allow for construction of a new building for the Little Rock Bridge Club (private recreational use) on this R-2 zoned property. STAFF REPORT: On March 6, 2007, the applicant requested deferral of this item to allow staff and the applicant to continue to study the issue. Staff supports deferral of the item to the April 26, 2007 Agenda. PLANNING COMMISSION ACTION: (MARCH 15, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the April 26, 2007 agenda. The vote was 8 ayes, 0 noes and 3 absent. March 15, 2007 ITEM NO.: 11 FILE NO.: Z-8177 NAME: Smith Duplex – Conditional Use Permit LOCATION: 805 Lewis Street OWNER/APPLICANT: Shelby Smith PROPOSAL: A conditional use permit is requested to allow for conversion of this existing, R-3 zoned residence, into a duplex. 1. SITE LOCATION: The property is located on the southeast corner of Lewis and West 8th Street; just south of I-630. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. The residentially zoned properties around the site are occupied by single family residences, duplexes and vacant, boarded structures. I-630 is located to the north. One-half block east of the site is a large nonresidential building that formerly housed radio stations. The property consists of three lots. Allowing their use as a duplex should have no effect on the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Forest Hills, HOPE and Pine-to-Woodrow Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Each unit of the duplex requires 1 ½ parking spaces. A two-car driveway is proposed off of Lewis Street and a two-car garage is proposed off of the alley. Parking will be provided in excess of the Code minimum. 4. SCREENING AND BUFFERS: No Comments. March 15, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8177 2 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at t he intersection of West 8th Street and Lewis Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. If both units are served off the same water meter, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2007) The applicant was present. Staff presented the item and noted little additional information was needed. Staff asked for specifics on the proposed fence and design specifics on the proposed garage. Public Works Staff discussed required radial dedication and the City’s blind corner ordinance in relation to the fence. The applicant stated he would respond to staff’s comments. March 15, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8177 3 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 805 Lewis Street is occupied by a single family residence and two accessory buildings. The property consists of three platted lots. The house is located near the middle of the tract. The applicant proposes to convert the structure into an upstairs/downstairs duplex. One of the existing accessory buildings will be removed. A new, two car garage will be built at the rear of the lot, taking access off of the alley. When completed, the upstairs unit will contain a kitchen, bath, living room, dining room and two bedrooms with a total area of about 1,200 square feet. The downstairs unit will consist of three bedrooms, two baths, kitchen, living room and dining room with a total area of about 2,000 square feet. To access the upstairs apartment, a deck and stairwell will be built at the rear of the house. In case there is a desire to use the house as a single dwelling, the original stairwell inside will be left in tract. A two car garage will be built at the rear of the lot, with access off of the alley. The garage will be built of wood frame with vinyl or Hardie board siding and a shingled, pitched roof. A concrete parking pad will be located at the front of the lot, providing parking off of Lewis Street. The applicant proposes to construct a six foot tall fence on the sides and front of the property. The fence will be a six-foot tall wood fence from the rear property line to a point approximately 25 feet from the front property line. From that point forward and along the front property line, the fence will be a six-foot tall iron fence. The fence has been angled back at the intersection of Lewis and 8th Streets to accommodate the required right-of-way dedication. There is no blind corner issue since 8th Street is one-way, eastbound at this point. A variance is requested to allow the six-foot tall fence within the setbacks along 8th and Lewis Streets where the code limits fence heights to four feet. Staff is supportive of the fence as proposed. To staff’s knowledge, there are no outstanding issues. The rehabilitation of this structure will be of benefit to the neighborhood. The property consists of three lots. The proposed duplex results in a density less than if all three lots were developed as individual residences. There are many duplex zoned lots in the immediate vicinity. The bill of assurance does not address use issues. March 15, 2007 ITEM NO.: 11 (Cont.) FILE NO.: Z-8177 4 STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P subject to compliance with comments and conditions outlined in Sections 4, 5 and 6 of the Agenda Staff report. Staff recommends approval of a fence height variance to allow the 6-foot tall wood and iron fence, as proposed. PLANNING COMMISSION ACTION: (MARCH 15, 2007) 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 8 ayes, 0 noes and 3 absent. March 15, 2007 I T E M N O . : 1 2 Name: Geyer Springs Wakefield Neighborhood Action Plan STAFF REPORT: The City of Little Rock Planning and Development Division made contact with the local neighborhood association in 2002 to obtain input on the Geyer Springs Neighborhood Action Plan. Surveys were distributed to residents door to door. Residents of the Geyer Springs Neighborhood were asked to complete and return the survey in the bulk mail envelope provided to them. The survey was an attempt to sample each household in the neighborhood. Surveys returned and correctly completed totaled approximately 125. The Wakefield Neighborhood was also contacted in 2002 in an effort to start a Neighborhood Action Plan, but there was not enough interest shown at the time. In the fall of 2005, the president of the Geyer Springs Neighborhood Association contacted the Planning and Development Department about developing a neighborhood action plan. Preliminary work was started for the area at this time, but due to staff reductions the plan was not finished until 2006. In 2006, the Planning and Development Department surveyed other departments and conducted field studies to gather information to present to the review committee. Staff also reviewed history of the area, existing land use, zoning, future land use, infrastructure, circulation, parks, census information (demographics) and crime. 3,253 invitations to the first meeting were sent to area residents and businesses with addresses obtained from the City’s GIS data. The first meeting was held August 24, 2006 and was followed by bi-weekly meetings through December 2006. A core group of committee members was formed. Informational meetings were held bi-weekly and they focused on providing the committee members with an overview of city activities. City staff members attended these meetings from various departments: Planning, Public Works, Housing, and Police. The committee members were instrumental in writing the goals and action statement portion of the plan. The steering committee formed goals and objectives for the Neighborhood Action Plan. These goals were ranked in order of priority, and the number one goal is public safety. The citizens in this area would like to see more police patrols and encourage citizens to call the police to report suspicious activity in the area. The group’s second priority is the Natural Environment goal to support the natural environment by not supporting B.F.I. expansion of the landfill. The group ranked the Housing and Code Enforcement goal third priority. This goal states, “strengthen codes and strengthen enforcement of codes while educating the public of existing codes.” The last two goals are also important. They concern traffic, infrastructure, zoning and land use. A representative from the group will present highlights from the plan at the March 15, 2007 hearing. March 15, 2007 ITEM NO.: 12 (Cont.) 2 The draft of the plan was presented to the neighborhood action plan group for their approval after the draft was complete. The group was supportive of the draft and worked together to prioritize the goals and objective portion of the plan. The plan was presented to the Plans Committee on January 10, 2007. The Committee had no comments. At this time, the neighborhood action plan committee requests the city via the Little Rock Planning Commission and the Board of Directors to accept the goals and objects of the action plan as a resolution and help the neighborhood work toward the goals presented in the plan. PLANNING COMMISSION ACTION: (MARCH 15, 2007) Brian Minyard, staff, presented the item with a recommendation of approval of the Geyer Springs Wakefield Neighborhood Action Plan. Mr. Minyard summarized the creation process and gave a general description of the Plan. Anna Templeton, Geyer Springs Neighborhood Association President, presented the Plan’s goals and objectives. Mrs. Templeton described in detail the most important issues facing these neighborhoods. Pat Gee, area resident, also spoke in favor of this Neighborhood Action Plan. Commissioner Troy Laha asked a question concerning a proposed park at Mabelvale Pike and Fourche Creek. Mrs. Templeton answered to the best of her knowledge. Brian Minyard spoke of the Master Parks Plan and the Future Land Use Plan in reference to the question. There was no further discussion regarding this item. The Chair entertained a motion for approval of the resolution. The motion carried with a vote of 8 ayes, 0 noes, 3 absent. CITIZEN COMMUNICATION: Greg Clay, resident, expressed his concerns to the Planning Commissioners regarding the B.F.I. landfill on Mabelvale Pike. Dana Carney, Staff, explained to the commission and the audience that if an application for expansion of the landfill was filed, that this commission would hear it. To date, no application has been filed. RESOLUTION NO. ____________________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LITTLE ROCK, ARKANSAS IN SUPPORT OF THE GOALS AND OBJECTIVES OF THE GEYER SPRINGS WAKEFIELD NEIGHBORHOOD ACTION PLAN. WHEREAS, the area residents and Neighborhood Associations formed a Steering Committee to develop a neighborhood Plan; and WHEREAS, the residents and other “stakeholders” in the area participated in a public meetings to discuss and identify area concerns to include in the plan; and WHEREAS, after several months of work, a set of goals and objectives were developed and presented to the Neighborhood Associations, City Departments, Plans Committee of the Little Rock Planning Commission; and WHEREAS, this Plan (Goals and Objectives) provides a way for both neighborhood based groups and others working in and around the neighborhood to advance the desires and meet the needs of the residents; and WHEREAS, comprehensive planning must include not only interests of the neighborhood immediately affected but the interests of the city as a whole; and WHEREAS, local government encourages and supports neighborhood-based coalitions that develop individual neighborhood organizations, articulate neighborhood views on community-wide issues, and facilitated the planning process; and WHEREAS, advocacy planning by neighborhoods is an acceptable and legitimate role for citizens and professional planners, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Planning Commission of the City of Little Rock does support the vision and goals as expressed in the Geyer Springs Wakefield Neighborhood Action Plan. ADOPTED: __________________________ ATTEST: ____________________________ _____________________________ CHAIRMAN SECRETARY