Loading...
pc_07 05 2007sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JULY 5, 2007 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Pam Adcock Lucas Hargraves Robert Stebbins Troy Laha Jeff Yates Jerry Meyer Darrin Williams Chauncey Taylor Mizan Rahman Members Absent: Fred Allen, Jr. 1 Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the May 24, 2007 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JULY 5, 2007 OLD BUSINESS: Item Number: File Number: Title A. S-1495-A Park Circle Subdivision Preliminary Plat, located at the end of Park Avenue, East of Western Hills Avenue. B. LU07-18-01 A Land Use Plan Amendment in the Ellis Mountain Planning District at the north side of Kanis Road between Kirby and Asbury Roads from Mixed Office Commercial to Service Trades District. B.1. Z-6245-A ACME Self Storage Long-form PCD, located on the Northeast corner of Kanis and Kirby Roads. C. LU07-09-03 A Land Use Plan Amendment in the I-630 Planning District at the southeast corner of 7th and Woodrow Streets from Service Trades District to Mixed Office Commercial. C.1. Z-7895-A 7th and Woodrow Short-form PCD, located on the Southeast corner of 7th and Woodrow Streets. D. S-867-TTTTTT Chenal Valley Phase 34 Preliminary Plat, located on Chenal Valley Drive and Gordon Road. E. S-1564 Edswood Addition Preliminary Plat and Final Plat, located on Edswood Drive, just South of Kanis Road. F. S-1566 Alexie Addition Preliminary Plat, located between West 22nd and West 23rd Streets, West of Walker Street. G. Z-3371-S The Village at Brodie Creek Zoning Site Plan Review, located on the Northwest corner of Colonel Glenn Road and I-430. H. Z-7596-B Impressions Sports Bar and Grill Short-form PCD, located at 5201 Asher Avenue. I. Z-7949-A Jones Short-form PCD, located at 8013 Mabelvale Cut-off. J. Z-8144-A Little Rock Housing Authority Cumberland Manor Short- form PD-R, located on East 27th and Cumberland Streets. Agenda, Page Two OLD BUSINESS: (CONTINUED) Item Number: File Number: Title K. Z-8144-B Little Rock Housing Authority Metropolitan Village Short- form PD-R, located on East 27th and Cumberland Streets. L. Z-8167 Meyer Short-form PCD, located on Kavanaugh and West Markham. NEW BUSINESS: I. PRELIMINARY PLATS: Item Number: File Number: Title 1. S-1574 EPA Talley Road Preliminary Plat, located on the East side of Talley Road at Remington Drive. II. SITE PLAN REVIEW: Item Number: File Number: Title 2. S-1573 Supermarine Airport FOB Development Subdivision Site Plan Review and Right of Way Abandonment for Frazier Pike and East 22nd Street, located East of Bond Street, near Frazier Pike and East 22nd Streets. 3. S-1575 Broadway Subdivision Site Plan Review, located at 3325 Roosevelt Road. 4. S-1577 Welspun Subdivision Site Plan Review, located South of Frazier Pike and East of Thibault Road. 5. Z-7854-B EPA Zoning Site Plan Review, located on the East side of Talley Road at Remington Drive. Agenda, Page Three III. PLANNED DEVELOPMENTS: Item Number: File Number: Title 6. Z-2588-A Freeman Short-form PD-R, located at 7414 – 7416 Indiana Street. 7. Z-4451-D Eagle Pointe Addition Revised Short-form PD-R, located at 1219 Eagle Pointe Drive. 8. LU07-19-01 A Land Use Plan Amendment in the Chenal Planning District located on the Northwest corner of Chenal Parkway and Wellington Hills Road a change from Mixed Office Commercial to Neighborhood Commercial. 8.1. Z-4470-E Wal-Green’s Revised Long-form PCD, located on the Northwest corner of Chenal Parkway and Wellington Hills Road. 9. LU07-08-01 A Land Use Plan Amendment in the Central City Planning District located on the Southeast corner of West 15th and Izard Streets a change from Single Family to Multi Family. 9.1. Z-4607-A Boyd Homes Short-form PD-R, located on the Southeast corner of West 15th and Izard Streets. 10. Z-6199-D Target Revised Long-form PCD, located at 12700 Chenal Parkway. 11. Z-6219-E Bella Rosa Revised Long-form PCD, located on the Southwest corner of Cantrell Road and Bella Rosa Drive at 16055 Cantrell Road. 12. Z-7854-A EPA Talley Road Rezoning from R-2 to I-1, located on the East side of Talley Road at Remington Drive. 13. LU07-15-01 A Land Use Plan Amendment in the Geyer Springs West Planning District located on the Southeast corner of I-30 and South University Avenue a change from Multi Family and Parks/Open Space to Light Industrial. 13.1. Z-8100-A Purvis Industries Long-form PID, located on the Southeast corner of I-30 and South University Avenue. 14. Z-8228 Simpson Short-form PID, located at 3617 and 3621 Brown Street. Agenda, Page Four III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title 15. LU07-11-02 A Land Use Plan Amendment in the I-430 Planning District located on the Northeast corner of West 36th Street and I- 430 a change from Parks/Open Space to Mixed Office Commercial. 15.1. Z-8229 Blankenship Long-form PCD, located on the Northeast corner of West 36th Street and I-430. 16. Z-8233 Katillus Cove Short-form PD-R, located on the Southwest corner of Cantrell and Katillus Roads. 17. Z-8234 America Best Inns and Suites Short-form PCD, located on Mabelvale Pike at I-30, near 10200 I-30. 18. LU07-16-01 A Land Use Plan Amendment in the Otter Creek Planning District located on the Northwest corner of Briner Circle and Stagecoach Road a change from Light Industrial to Multi Family and Mixed Office Commercial. 18.1. Z-8235 The Village at Westbury Long-form PID, located on the Northwest corner of Briner Circle and Stagecoach Road. 19. Z-8236 Akel Short-form PCD, located on the Northeast corner of Colonel Glenn and John Barrow Roads. IV. OTHER BUSINESS: Item Number: File Number: Title 20. LA-0018 Cantrell Road Land Alteration Variance Request, located at 16724 Cantrell Road. July 5, 2007 ITEM NO.: A FILE NO.: S-1495-A NAME: Park Circle Subdivision Preliminary Plat LOCATION: Located at the end of Park Avenue, East of Western Hills Avenue DEVELOPER: CL Clifton 608 Nan Circle Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 7.07 acres NUMBER OF LOTS: 30 FT. NEW STREET: 2,500 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.06 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: An application was filed for the July 7, 2005, Planning Commission public hearing to allow the creation of 12 single-family lots from a 3.22-acre tract. The lots were proposed with an average lot size of 60-feet by 120-feet or 7,200 square feet and 600 linear feet of new street was to be constructed to serve the new lots. Staff raised concerns related to access for the proposed development and the Commission deferred the request to their November 10, 2005, public hearing. At the November 10, 2005, public hearing the applicant withdrew the proposed plat request. A. PROPOSAL/REQUEST: The applicant is now proposing the subdivision of a 7.07-acre site into 30 single- family lots. The proposed plat area has been expanded to the north to include a portion of property previously owned by the Country Club. An average lot size of July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 2 60-feet by 120-feet or 7,200 square feet is proposed with an overall density of 4.24 units per acre, consistent with single-family development. The developer has indicated the lots will be served by a new 600 linear foot cul-de-sac, Park Circle, extending from Park Avenue, a yet to be constructed street located to the west of the site, which extends from Western Hills Avenue. The developer has indicated Lot 1 Block 3 of the Brookside Park Addition will be reconfigured as right of way to allow Park Avenue to extend into the proposed plat area. The developer has indicated the site is adjacent to the floodway and has indicated a 25-foot access easement adjacent to the floodway for the proposed lots (Lots 1 – 5) to meet the current ordinance requirement. B. EXISTING CONDITIONS: The property is located to the east of Brookside Park Addition, a recognized plat which was platted a number of years ago, and lots sold, but the streets and infrastructure were never constructed. The Little Rock Board of Directors approved an Improvement District for the Brookside Park Addition to allow funding for water, sewer and street construction. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All abutting property owners and the Westwood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The subject property appears to be out of the 100-year floodplain. 2. Western Hills Drive must be constructed to the full width prior to final platting of the proposed subdivision. 3. A temporary cul-de-sac or turn around must be constructed on the north end of Parkside Circle until the next phase to the north is constructed. 4. Sidewalks with appropriate handicap ramps are required along Western Hills Drive and the northern portion of Parkside Circle in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 3 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. Storm water detention ordinance applies to this property. The project would qualify for a contribution in-lieu of construction at the time of platting. 7. With the site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Western Hills Drive and Parkside Circle including 5-foot sidewalks with the planned development. 8. With the site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Western Hills Avenue including 5-foot sidewalks with the planned development. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. 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. 11. 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) 379-1817 (Derrick Bergfield) for more information. 12. Due to an identification problem, the street name "Parkside Circle" cannot be used. The street name Parkside Drive is already used in another part of the City. Using the street name "Parkside Circle" in no close vicinity to "Parkside Drive" creates confusion. Contact David Hathcock at 371-4808 for additional information and assistance with this matter. 13. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Installation of a public waterline and fire hydrant(s) will be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 377-1225 for additional information. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (December 28, 2006) Mr. Pat McGetrick was present representing the request. Staff stated the proposed development was a preliminary plat to allow 7.07 acres to be subdivided into 30 single-family lots. Staff questioned access to the proposed subdivision and the time frame for construction of the proposed street to serve the lots. Mr. McGetrick stated Lot 1 Block 3 of the Brookside Park Addition would be dedicated as right of way to serve the indicated lots. Staff also questioned if the development would be constructed in phases. Public Works comments were addressed. Staff stated minimum floor elevations would be required to be shown on the proposed plat. Staff also stated a dedication of an access easement adjacent to the floodway would be required along the rear of abutting the floodway. Staff requested Mr. McGetrick provide the 100 year floodplain and floodway on the proposed preliminary plat to ensure compliance with existing ordinance requirements. Staff noted a grading permit would be issued for right of ways and drainage easements prior to construction. Staff noted comments from all other reporting departments and agencies suggesting Mr. McGetrick contact them individually for additional information. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 5 H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the December 28, 2006, Subdivision Committee meeting. The applicant has provided the minimum floor elevation for lots abutting the floodplain and indicated a 25-foot access easement along the rear of the lots abutting the floodway. The applicant has also provided a letter indicated the proposed street extending from Western Hills Avenue will be constructed before year end of 2007. The revised plat indicates the lots will be developed in a single phase. The proposal is to allow the subdivision of a 7.07-acre site into 30 single-family lots. The proposed plat indicates an average lot size of 60-feet by 120-feet or 7,200 square feet and an overall density of 4.24 units per acre. The development will be served by a new 600 linear foot cul-de-sac, Park Circle, extending from Park Avenue, a yet to be constructed street located to the west of the site, which extends from Western Hills Avenue. Lot 1, Block 3 of the Brookside Park Addition is proposed to be dedicated as right of way to allow Park Avenue to extend into the proposed plat area. Staff is supportive of the proposed preliminary plat. The developer is not seeking any waivers or variances from the City ordinances to allow the creation of the subdivision as proposed. The lots are indicated with a minimum lot size of 60-feet by 120-feet adequate to meet the typical minimum requirements of the subdivision ordinance. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development of the subdivision as proposed will have minimum impact on the adjoining properties. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 18, 2007) The applicant was present. There were no registered objectors present. Staff presented the item requesting a deferral of the item to the March 1, 2007, public hearing. Staff stated a concern had been raised concerning access to the proposed plat area. Staff stated they needed additional time to research information provide. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 6 STAFF UPDATE: Staff is continuing to review deed documents to determine the existing right of way for Park Circle. Staff will provide the Commission with a full update at the March 1, 2007, public hearing. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present. There were no registered objectors present. Staff presented a recommendation of deferred of the item to the April 12, 2007, public hearing to allow additional time to resolve staff’s concerns related to the available right of way for Park Street adjacent to the cemetery property. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has not resolved staff’s concerns related to the available right of way for Park Street adjacent to the cemetery. Staff recommends the item be deferred to the May 24, 2007, public hearing. PLANNING COMMISSION ACTION: (APRIL 12, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had not resolved staff’s concerns related to the available right of way for Park Street adjacent to the cemetery. Staff presented a recommendation of deferral of the item to the May 24, 2007, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Staff recommends this item be deferred to the July 5, 2007, public hearing to allow staff additional time to review the applicant’s proposal with regard to access for the proposed new lots. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 7 PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferred of the item to the July 5, 2007, public hearing to allow staff additional time to review the applicant’s proposal with regard to access for the proposed new lots. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. STAFF UPDATE: The applicant submitted a revised preliminary plat to staff. The revised plat indicates two variances from the Subdivision Ordinance. One variances is associated with proposed Lot 18 which indicates a 51.78 foot front building line. The second variance is associated with proposed Lot 23 which indicates a lot depth of 95.09 feet. An area previously indicated to the north has been removed and the proposed number of lots has been reduced to 23 lots. Access to the proposed subdivision is proposed through Brookside Park a previously platted subdivision. The applicant has indicated Lee Summit Drive and Skygo Drive will be constructed and Lot 1 Block 3 of the Brookside Park Subdivision will be dedicated to the City as a 50-foot right of way to allow access to the new lots. Staff is not supportive of the variance request to allow the reduced lot width for proposed Lot 18. Staff feels the minimum lot width of 60-feet should be adhered to for the development of the proposed lots. Staff is supportive of the variance request to allow proposed Lot 23 with a reduced lot depth. The ordinance typically requires a minimum lot depth of 100-feet. The lot is indicated with a lot depth of 95.09 feet. Based on the limited options for increasing the lot depth for this lot staff does not feel the allowance of the reduced depth will significantly impact the developability of the lot. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the creation of 23 single-family lots as proposed should have minimal impact on the area. Staff feels the lot width of Lot 18 should be increased to allow for a minimum lot width of 60-feet. Staff is supportive of the variance to allow a reduced lot depth for proposed Lot 23. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report and Lot 10 complying with the typical standards of the subdivision ordinance. Staff recommends approval of the variance request to allow Lot 23 to develop with a reduced lot depth. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 8 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant had amended the requests based on the comments received in the agenda staff report. Staff stated the request included the development of 22 single-family lots reducing the number of lots by one and the placement of a cul-de-sac turn-around along the northern perimeter of the site. Mr. Chuck Clifton stated he would answer questions the Commission may have or he would allow the opposition to speak first and then address their concerns. Mr. Jim Laborde addressed the Commission in opposition. He stated the plan Mr. Clifton was presenting was not the plan which had been submitted to the neighborhood. He stated the plan the neighborhood reviewed allowed access to the subdivision along the northern property line. He questioned how the streets indicated would be constructed. He stated the area did not allow for areas for flat surfaced for street construction. He provided the Commission with photo’s of the area to stress his point. He stated the neighborhood was concerned with the volume of traffic the new homes would generate. He stated the existing streets were not constructed to Master Street Plan standard and would not hold up to a great deal of truck or automobile traffic. He stated the neighborhood was also concerned with run-off. He stated the site was located adjacent to the Fourche Creek. He questioned if the developer would be required to construct turn-arounds as the new streets were developing. He stated the developer would be required to construct 1150 linear feet of new street to serve the new homes. He stated there were a number of manufacturing uses located in the area along Asher Avenue. He also stated the elementary school was presently at capacity and the new homes would generate additional children which would in-turn create a hardship on the school. The Commission questioned Mr. Laborde if the neighborhood was opposed to the proposed subdivision or development in the area. Mr. Laborde stated the neighborhood was opposed to development in the area that did not compliment the existing subdivision. Mr. James Pierce addressed the Commission in opposition of the request. He stated his home was located near the proposed entrance to the subdivision along the northern perimeter. He stated there were a number of lines listed incorrectly on the plat and questioned the accuracy of the plat. He stated the developer did not own the entire area proposed for platting. The Commission questioned Mr. Clifton of the ownership of the area proposed for subdivision. He stated the property was owned by him or a company he controlled. He stated no portion of the property was under a lease purchase agreement. He stated presently his company owned 2/3rds of the lots within the old paper plat area. July 5, 2007 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: S-1495-A 9 The Commission discussed recorded plats vs. unrecorded plats and the City’s history with dealing with these two documents. Staff stated the City had historically recognized both recorded on unrecorded plats since property was sold on the basis of the plat. Commissioner Meyer questioned the Commission’s ability to turn-down the plat. Staff stated the plat did include a variance request to allow one of the proposed lots to develop with a reduced lot depth. Staff stated in their opinion this variance did not significantly impact the development. Staff stated they felt the plat substantially complied with the typical minimum standards of the subdivision ordinance. The Commission questioned the required street improvements. Staff stated the developer would be required to construct the streets to City standard including curb, gutter and sidewalk. Staff stated the City would review the design and inspect the street construction. Staff stated upon completion the streets would be accepted as public streets. There was no further discussion of the item. The chair entertained a motion for approval. The motion carried by a vote of 7 ayes, 1 no, 2 absent and 1 open position. July 5, 2007 ITEM NO.: B FILE NO.: LU07-18-01 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: the north side of Kanis Road between Kirby and Asbury Roads Request: Mixed Office Commercial to Service Trades District Source: Joe White, White-Daters PROPOSAL / REQUEST: The applicant has requested that this item be deferred to April 12, 2007. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant on February 15, 2007 requested this item be deferred to the April 12, 2007 Planning Commission Hearing. The item was placed on consent agenda for deferral. The consent agenda was approved by a vote of 9 for, 0 against with 2 absent. STAFF UPDATE: The applicant has requested that this item be deferred until the April 26 agenda. Staff is supportive of this request. PLANNING COMMISSION ACTION: (APRIL 12, 2007) The Item was placed on consent agenda for deferral to April 26, 2007. By a vote of 10 for 0 against the consent agenda was approved. STAFF UPDATE: PROPOSAL / REQUEST: Land Use Plan amendment in the Ellis Mountain Planning District from Mixed Office Commercial to Service Trades District. Service Trades District represents a selection of office, warehousing and industrial park activities. The applicant has proposed a self storage facility for this site. July 5, 2007 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU07-18-01 2 EXISTING LAND USE AND ZONING: The property is currently zoned R-2 and C-1 and is 5.57 acres ± in size. The site has three homes in good repair facing Kanis Road, a vacant commercial building on the corner of Kanis and Kirby, two manufactured homes and several accessory buildings on it. An area east and adjacent to this application was zoned PDO Planned Development-Office in 2005 for a real estate office inside a single family house. To the east and north is zoned R-2 Single Family and has been developed with single family subdivisions. The intersection of Kanis and Cooper Orbit just west of this application is zoned C-1 Neighborhood Commercial and is currently undeveloped. To the southeast is a POD Planned Office Development for single family homes, patio homes and offices, which is in the construction phase. Directly south of this area is an expired Planned Residential Development that included some non-residential use but has not developed. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The application area and the surrounding areas to the south and west are currently planned for Mixed Office Commercial. Beyond the Mixed Office Commercial to the west is Single Family. To the north is also planned for Single Family. To the east and southeast is planned for Suburban Office. These areas were all amended in 1999 under Ordinance 17,951 in an effort to update the Kanis Corridor. MASTER STREET PLAN: Kanis Road is shown as a Minor Arterial on the plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Kirby Road is shown as a Collector. The primary function of a Collector is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class III bike route is planned along Kirby Road and south across Kanis Road. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: According to the Master Parks Plan, the application area is within eight blocks of a park or open space. This park area is along Rock Creek, which runs between the lanes of Chenal Parkway. July 5, 2007 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU07-18-01 3 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 covered under the Rock Creek Neighborhood Action Plan. The Plan’s Office and Commercial goal states: “Adopt a policy of adhering to the Land Use Plan. Amendments should be made very rarely, only with neighborhood input, and only when it can be clearly demonstrated that the amendment will enhance the quality of life in the Rock Creek Neighborhood.” ANALYSIS: The Land Use Plan along Kanis Road has been the subject of extensive study. This area of Kanis is on the edge of development in the City of Little Rock. The last major changes to take place along the Kanis corridor were the result of Ordinance 17,951 in 1999. This Ordinance changed most of the corridor to the categories that are now shown. It has taken time, but these land use categories are beginning to be utilized with the development of small offices and new residences. The Kanis area has emphasized that lower intensity uses are the most desirable for the region. The Rock Creek Neighborhood Action Plan specifically requested that the Future Land Use Plan be adhered to more closely with very limited amendments. This area has been growing almost continually over the past twenty years. The changes made by Ordinance 17,951 have been in place for eight years. A change in conditions should be identified for further modification of the plan. The application area was changed under this ordinance from Transition and Neighborhood Commercial to Mixed Office Commercial. Throughout this period of time, the use has remained mostly single family with several Planned Office Developments for this section of Kanis. A pattern of residential mixed with office uses is developing along Kanis. These land use categories need to be used as a guide for the future development of the Kanis corridor. The applicant has requested a change from Mixed Office Commercial to Service Trades District to allow a mini storage facility. This would be an increase in the intensity of the allowed uses for the site. Service Trades District provides for a selection of office, warehousing and industrial park activities that are intended to serve other office, service or industrial businesses. This land use category is ideally found near an industrial area or a major intersection with access to the interstate. The application area is not near any industrial or service businesses. The heavy truck traffic generally associated with a Service Trades District is not desirable along Kanis Road. Any changes in development along Kanis will have an impact on the amount of traffic. Service Trades District would be better on a high traffic road in the area such as Chenal Parkway. The development pattern to the north and July 5, 2007 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU07-18-01 4 west is predominately single family detached houses. Most of the houses are of similar size and lot size, with a mix of large lot single family and smaller lot subdivisions. To the east is planned for Suburban Office. There are currently single family houses and single family houses that have been converted to offices in this area. These buildings and any future Suburban Office or Single Family buildings would all be on a similar scale. Service Trades District generally involves large massive structures, and those large scale structures would overwhelm its neighbors. This juxtaposition of opposing uses and massing can be detrimental to the smaller scale residential homes. This site is currently planned for Mixed Office Commercial. There are 24 acres of Mixed Office Commercial at the intersection of Kanis and Cooper Orbit, and this amendment would change 6 of those acres to Service Trades District. There is no other Mixed Office Commercial or Commercial within one mile of this site. Service Trades District is preferred at the intersection of two arterials. Kanis is a Minor Arterial and Kirby Road is a Collector. While there is a demand for more Service Trades District in west Little Rock, staff believes another site would be more suitable. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Gibraltar Heights Pointe West Timber Ridge POA and Parkway Place Property Owners Association. Staff has received two comments opposed to the change from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (APRIL 26, 2007) The item was placed on consent agenda for deferral at the request of the applicant. By a vote of 10 for and 0 against the consent agenda was approved. STAFF UPDATE: There have been no changes to this request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The item was placed on consent agenda for deferral to the July 5, 2007 meeting. By a vote of 6 for, 0 against, 4 absent and one vacancy the consent agenda was approved. July 5, 2007 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LU07-18-01 5 STAFF UPDATE: There have been no changes made to this application. PLANNING COMMISSION ACTION: (JULY 5, 2007) The item was placed on the consent agenda for deferral. By a vote of 8 for, 0 against, 2 absent and one open position the consent agenda was approved. July 5, 2007 ITEM NO.: B.1 FILE NO.: Z-6245-A NAME: ACME Self Storage Long-form PCD LOCATION: Located on the Northeast corner of Kanis and Kirby Roads DEVELOPER: LGR Investment, LLC 404 E. Kiehl Avenue North Little Rock, AR 72020 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 5.6 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-1, Neighborhood Commercial and R-2, Single-family ALLOWED USES: Neighborhood Commercial uses and Single-family Residential PROPOSED ZONING: PCD PROPOSED USE: Mini-warehouse VARIANCES/WAIVERS REQUESTED: None requested. On February 15, 2007, the applicant requested a deferral of this item to the April 12, 2007, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present. There were no registered objectors present. Staff stated on February 15, 2007, the applicant submitted a requested for deferral of the item to the April 12, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 5, 2007 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-6245-A 2 STAFF UPDATE: Staff recommends this item be deferred to the April 26, 2007, public hearing to allow staff and the applicant additional time to review the proposed development and the proposed street design to serve the development and the area. The Subdivision Committee will review the proposed site plan at their April 5, 2007, committee meeting. PLANNING COMMISSION ACTION: (APRIL 12, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the April 26, 2007, public hearing to allow staff and the applicant additional time to review the proposed development and the proposed street design to serve the development and the area. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a request dated May 11, 2007, requesting a deferral of this item to the July 5, 2007, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 11, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. STAFF UPDATE: The applicant submitted a request dated June 21, 2007, requesting a deferral of this item to the August 16, 2007, public hearing. The deferral request is to allow the applicant to file a zoning application for this site. Staff is supportive of the deferral request. July 5, 2007 SUBDIVISION ITEM NO.: B.1 (Cont.) FILE NO.: Z-6245-A 3 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 21, 2007, requesting a deferral of the item to the August 16, 2007, public hearing. Staff stated the deferral request was to allow the applicant to file a zoning application for this site. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: C FILE NO.: LU07-09-03 Name: Land Use Plan Amendment - I-630 Planning District Location: Southeast corner of 7th and Woodrow Streets Request: Service Trades District to Mixed Office Commercial Source: Stephen Giles, Attorney at Law PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant on February 9, 2007 requested this item be deferred to the April 12, 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: Land Use Plan amendment in the I-630 Planning District from Service Trades District to Mixed Office Commercial. Mixed Office Commercial provides for a mixture of office and commercial uses. The applicant is proposing an office and a restaurant with a drive through window for this location, using the Planned Zoning District Process. EXISTING LAND USE AND ZONING: The property is currently zoned R-3 Single Family with six single family houses on it. A portion of the application site is undeveloped. The surrounding areas to the north and west are also zoned R-3 and are developed with single family houses. To the east there is a small section of R-4 zoning with two duplexes on it. There is some C-3 General Commercial zoning along West 7th, but this is largely undeveloped. There is a daycare and a church along with two vacant buildings. Further to the east is zoned Planned Industrial Development for a BMW motorcycle shop. Directly north and west of the application are two parcels zoned I-2 Light Industrial. The lot to the north has a single family house on it and the I-2 lot to the west has a garage on it. This application area is bound to the south by Interstate 630, which is also zoned R-3. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The application area is currently shown as Service Trades District on the plan. The Service Trades District extends east from Woodrow to Thayer Street and south to Interstate 630. Park/Open Space surrounds the Service Trades District to the south and east for the railroad tracks. To the west and north of the application area is shown July 5, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: LU07-09-03 2 as Single Family on the plan with a small amount of Mixed Office Commercial and Public Institutional. Ordinance 19,418 was passed October 4, 2005. This amended a portion of Industrial east of the railroad tracks and south of 7th Street to Light Industrial. MASTER STREET PLAN: Woodrow Street and 7th Street are shown as Collectors on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. BICYCLE PLAN: The Master Street Plan bicycle section shows a Class III bike route along 7th Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: According to the Master Parks Plan, this area is within eight blocks of a park. Fletcher Park is the closest park and is located just south of Interstate 630. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The Stephens Area and Capitol View Neighborhood Action Plans cover this area. The Stephens Area Plan’s economic development goal states a need to ”work with Housing and Neighborhoods to redevelop structures on the east side of Woodrow Street into new manufacturing, offices, or commercial space.” The Capitol View Neighborhood Action Plan also addresses this issue: “Rezone Woodrow between I-630 and 7th Street between Thayer and Woodrow to Quiet Office to encourage replacement of poorly maintained rental housing with small professional offices.” ANALYSIS: The application area is a combination of single family houses and undeveloped land. It is just north of Interstate 630 and is an entrance to the Capitol View--Stifft Station neighborhood. This is also a route commonly used by access the State Capitol Complex by employees and others. Both the Stephens Area and the Capitol View Neighborhood Action Plans claim this particular location. These plans both mention this July 5, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: LU07-09-03 3 area explicitly with action statements aimed at redeveloping this land. The area between 7th and the Freeway (I-630), east of Woodrow was changed to Service Trades District (STD) over a decade ago, in the time there has only been a small development at the east enc of the overall STD area. While there has not been a large demand for more Service Trades District in this area, there does seem to be a need for more Commercial in this region. There is no Commercial north of I-630 until Markham Street and that Commercial is already developed. The application site is situated on an interstate exit ramp with heavy traffic. Service Trades District is usually associated with heavy truck traffic. This access works well for the proposed use. Mixed Office Commercial would likely have less large vehicle traffic. From a circulation standpoint, both 7th Street and Woodrow Street are Collectors on the Master Street Plan and are used as main thoroughfares. Service Trades District is ideal for warehousing and industrial park activities with an office component. Service Trades District is usually accompanied by very large buildings and heavy truck traffic. The use is recommended to be close to either industrial or larger offices and functions as a support to those uses. Both neighborhood plans believe that this one time predominately single family area would and should redevelop into a non-residential use. The plans actually recommend an office or commercial type of use for the area. A major concern of the Plans is compatibility with the existing neighborhood. Therefore the scale, massing and design of any future use are going to be as important or more important than the actual use of the land. Mixed Office Commercial typically has smaller structures, which would be more compatible with the neighborhood. Mixed Office Commercial requires the Planned Zoning District (PZD). The PZD type of zoning helps to ensure that a development would be compatible and fit with the overall style of the neighborhood with restrictions on hours of operations and other design elements. The design of this site would be critical to protect the neighborhood and also to make this area fit with the overarching elements of a Stifft Station type development. Staff feels Mixed Office Commercial would provide a good transition from the more industrial type uses to the east and the neighborhood uses to the north and west. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Capitol View Stifft Station. Staff has received one comment in opposition from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. July 5, 2007 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: LU07-09-03 4 PLANNING COMMISSION ACTION: (APRIL 12, 2007) The Item was placed on consent agenda for deferral to May 24, 2007. By a vote of 10 for 0 against the consent agenda was approved. STAFF UPDATE: There have been no changes to this application. PLANNING COMMISSION ACTION: (MAY 24, 2007) The item was placed on consent agenda for deferral to the July 5, 2007 meeting. By a vote of 6 for, 0 against, 4 absent and one vacancy the consent agenda was approved. STAFF UPDATE: There have been no changes made to this application. PLANNING COMMISSION ACTION: (JULY 5, 2007) Walter Malone, Planning Staff, reviewed the surrounding area and use pattern. Staff believes a change to Mixed Office Commercial is better for the area, with the intersection being an entry to the Capitol View Neighborhood as well as the State Capitol complex and downtown. The proposed change is also consistent with the recommendations of the Neighborhood Plans for the area. The Planned Zoning District process should be used at a sure compatible massing and design with the neighborhood to the north and west. Staff is supportive of the proposed change. Ms. Donna James, Planning Staff, reviewed the related Planned Zoning District (see item C.1: Z-7895-A for a complete minute record). A motion was made to approve the Plan amendment, by a vote of 9 for, 0 against, 1 absent and one open position the amendment was approved. July 5, 2007 ITEM NO.: C.1 FILE NO.: Z-7895-A NAME: 7th and Woodrow Short-form PCD LOCATION: Located on the Southeast corner of 7th and Woodrow Streets DEVELOPER: Stephen R. Giles, PA 425 West Capitol Avenue, Suite 3200 Little Rock, AR 72201 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.29 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Restaurant VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a use change for this parcel of land located adjacent to Interstate 630. This establishment will be an office/commercial mix consisting of an innovative, destination, theme restaurant featuring barbeque, grilled meats and home-style southern comfort food, and a restaurant office building. The restaurant will serve food representing Arkansas’ heritage. One drive through window will be located on the west side of the restaurant accessible from Woodrow Street. Hours of operation will be the normal restaurant business hours. No late night entertainment is proposed and the predominate business will not be bar customers. This will be the first rate facility featuring a country style antique “general store” motif with a smokehouse. The entire project will be July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 2 extensively landscaped with special attention given to the existing creek that will run through a large outdoor patio area for the customers. Parking is all on-site oriented to 7th Street. The site plan orients the building where it will minimize impact on the surrounding residential neighborhood. Lighting will be subdued and restricted to the site. One of the existing houses on the block will remain and be converted into an office for the restaurant business. B. EXISTING CONDITIONS: The site contains four single-family homes located along West 7th Street. The homes along Woodrow Street have been removed and a large pile of dirt is located near the southern perimeter of the site. To the south of the site is the I-630 right of way and to the north of the site are single-family homes. East of the site there are three single-family homes fronting Appianway. West of the site across Woodrow Street there are single-family homes. Other uses in the area include a vacant restaurant, office uses and office/warehouse uses all located east of the site along West 7th Street. A City of Little Rock Alert Center is located east of the site. C. NEIGHBORHOOD COMMENTS: As of this writing staff has received several informational phone calls from area residents. The Capitol View Stifft Station Neighborhood Association, the Capitol Hill Neighborhood Association, along with all property owners located within 200-feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 7th Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersections of 7th Street and Woodrow Street and at 7th Street and Appianway Street if part of this application. 3. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Appianway Street including 5-foot sidewalk with the planned development. Appianway Street should be improved to a commercial standard providing 18 feet of street from centerline to back of curb. The sidewalk on Appianway Street is to be located at the property line and not at the back of curb July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 3 4. The radius at the intersection of Woodrow Street and 7th Street should be improved to a 30-foot radius and if the adjacent property is part of this application, the radius at the intersection of 7th Street and Appianway Street should be improved to 25-foot radius. The radius of the curb at Woodrow and 7th must be improved to a 30 foot radius. 5. 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 street light requirements. 6. Old curb cuts should be closed per Public Works detail. 7. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan to be installed along Woodrow Street. 8. The 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. The finished floor of the proposed structures must be constructed to at least 1 foot above the 100-year floodplain elevation. Provide the finished floor elevation of the proposed new structure(s). The proposed office is also shown to be in the floodplain. If the existing house is to remain and be converted into the office, it must meet the modern flood regulations if the structure is improved 50% or more of the appraised value of the structure conducted by a licensed appraiser. These improvements include all improvements associated with the structure. The appraisal and cost of estimated work will be required to be submitted at time of development. The modern code would require the finished floor of the structure to be elevated to 1 foot above the base flood elevation and all supporting mechanical systems such as the HVAC to be elevated to the base flood elevation or higher. 10. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 11. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. Provide the proposed design of the detention pond showing how the site will detain. 12. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 4 13. 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. 14. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The minimum spacing between driveways on a collector street and commercial streets is 250 feet. The southern driveway of the drive thru is located within the AHTD right-of- way, which controls access to the property in that area. The width of a driveway must not exceed 36 feet. Per City code, driveways must be spaced 250 ft from other driveways and spaced 250 ft from the right-of-way line of an intersection. Since the property on 7th Street has less than 250 ft of frontage, the driveway must be located as far away from the intersection as possible as shown on the plan. The survey shows access can be taken to Woodrow St. from the property across AHTD right-of-way. Only one driveway is allowed on Woodrow Street to be located at least 250 ft from the 7th Street right-of-way line. 15. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 16. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 17. Per City code, the ditch that runs through the property should be improved to handle the 25-year storm flow. A 100-year overflow path should be provided with minimal damage to this property. Provide detailed design of the improved channel and a certification of its carrying capacity during the 25 year storm prepared by a professional engineer. Consideration should be taken of the friction loss of the ditch curvature. Provide certification that the proposed structure(s) will not be flooded by the 100 year storm event prepared by a professional engineer. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main on site. No construction is allowed closer than five feet of the existing sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: Approved as submitted. 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. Additional fire hydrant(s) may July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 5 be required in order to provide service to this property. 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: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route #5 – the West Markham Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Service Trades District for this property. The applicant has applied for a rezoning to allow the development of a restaurant and an office. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU07-09-03). Master Street Plan: Woodrow Street and 7th Street are shown as Collectors on the Mater Street plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: The Master Street Plan bicycle section shows a Class III bike route along 7th Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The Stephens Area neighborhood action plan covers this area. Their economic development goal states a need to “work with Housing and Neighborhoods to redevelop structures on the east side of Woodrow Street into new manufacturing, offices, or commercial space.” The Capitol View Neighborhood Action Plan also addresses this issue: “Rezone Woodrow between I-630 and 7th Street between Thayer and Woodrow to Quiet Office to encourage replacement of poorly maintained rental housing with small professional offices.” Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. Site plan submitted was not to scale; therefore, a full review for minimal City code compliance cannot be done at this time. July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 6 3. Street buffers/land use buffers appear deficient on all sides. A variance from both the Planning Commission and the City Beautiful Commission are required prior to the issuance of a building permit. 4. The landscape ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. Proposed plan does not currently reflect this minimum. 5. If the site is larger than one acre it must be irrigated with an automatic irrigation system. 6. Preservation of the existing trees is encouraged by the City Beautiful Commission. 7. Attention to the view from Interstate 630 off ramp would be appreciated. This site is located within a scenic corridor. G. SUBDIVISION COMMITTEE COMMENT: (February 8, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the developer locate the dumpster facility on the proposed site plan. Staff also requested any proposed signage be included on the site plan. Staff stated they were concerned with a commercial use being located adjacent to residential homes. Staff stated the site plan indicated outdoor activities and parking along West 7th Street which could impact the adjacent homes. Public Works comments were addressed. Staff stated the indicated drives on Woodrow Street did not meet typical minimum ordinance standards. Staff stated street improvements to Appianway Street would be required with the site development. Staff requested the applicant provide the finished floor elevation of the proposed new structure. Staff stated the office was located in the floodplain. Staff stated if the structure was converted to an office use it must meet the modern flood regulations if the conversion valued the structure at 50 percent or more than the present appraised value. Staff also requested the revised site plan include areas set aside for detention. Landscaping comments were addressed. Staff stated the site plan did not meet the minimum ordinance requirements. Staff stated a minimum of eight percent of the paved areas should be designated as landscaping. Staff also stated the minimum street buffer width was six feet nine inches. 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. July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 7 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing few of the technical issues raised at the February 8, 2007, Subdivision Committee meeting. The applicant has not indicated the location of the proposed dumpster facility, provided the finished floor elevation of the proposed new structure, the design of the detention pond nor does the revised site plan remove the drives along Woodrow Street. The applicant has indicated three driveway locations along Woodrow Street. The southern most drive is located within the Arkansas State Highway and Transportation Department right of way. The northern most drive is located 150-feet from the intersection of West 7th Street. The ordinance typically requires commercial drives be a minimum of 250-feet for the intersection with a collector street. Staff is not supportive of the drives as proposed. The revised site plan has not indicated the location for the proposed dumpster. Staff has concerns with the possible placement of the dumpster and the potential hours of dumpster service. There is an existing single-family residence located in the area labeled on the site plan as “All trees shown are existing to remain”. The site plan also includes the placement of two outdoor patio areas one located very near this single-family home. The second located within the parking area adjacent to West 7th Street. Staff has concerns with the outdoor activity being located so near this home and the possibility of negative impacts on this home. The revised site plan does not include the placement of sidewalks on Appianway Street nor the required curb radius at the intersection with West 7th and Woodrow Streets. Staff feels these items should be included on the site plan to ensure compliance with the Master Street Plan requirements for street construction. The proposed site plan has not addressed detention as required by the Storm Water Detention Ordinance. Staff has requested the applicant provide the design of the detention pond showing how the site will be detained. Staff feels detention should be addressed to ensure compliance with minimum ordinance standards. There is an existing drainage way located on the site. Per City code, the ditch that runs through the property should be improved to handle the 25-year storm flow. A 100-year overflow path should be provided with minimal damage to the property. Staff has requested the applicant provide a detailed design of the improved channel and certification of its carrying capacity during the 25-year storm prepared by a professional engineer. Staff also requested certification that the proposed structures would not be flooded by the 100-year storm also prepared by a professional engineer. Land use buffers are typically required where adjacent to single-family. Typically the buffer is required at six percent of the average depth of the property. The site plan does not include a land use buffer adjacent to the existing residences located along Appianway Street along the northern or southern perimeters adjacent to the parking areas. July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 8 The site plan indicates the placement of 101 parking spaces on the site. The building is proposed with a total of 9,840 square feet of restaurant space and the office structure contains approximately 800 square feet. Based on the square footage proposed a total of 100 parking spaces would typically be required. A single sign location is indicated on the site plan near Interstate 630. The applicant has not provided details of the proposed signage. Staff recommends if the site plan is approved the signage be limited to signage allowed in commercial zones or a maximum of thirty-six feet in height and one hundred sixty square feet in area. The site plan indicates the placement of parking pulling into West 7th Street. There are single-family homes located to the north of West 7th Street which could potentially be impacted by headlights from customers entering and exiting the site. Staff feels this area should be protected by removing the spaces or by landscaping the area providing a screen to limit the impact on the adjacent homes. The site plan indicates the placement of a drive-through window but does not address the placement of an order menu board. Once again staff has concerns with the placement of the order board and potential impacts on the nearby single- family homes. Typically order boards are to be screened to limit over spilling of sound from the site. Staff would recommend if the site plan is approved and an order menu board is used the menu board be screened to minimize any potential impact on the nearby homes. In addition one of the proposed drive lanes for the drive-through facility is located within the AHTD right of way. Staff is supportive of allowing the site to develop with a restaurant and office use. Staff is not however supportive of the site plan as proposed. There are a number of issues which remain outstanding associated with the request which staff feels should be addressed prior to the Commission acting on the proposed rezoning and site plan. I. STAFF RECOMMENDATIONS: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present. There were no registered objectors present. Staff stated on February 9, 2007, the applicant submitted a requested for deferral of the item to the April 12, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 9 PLANNING COMMISSION ACTION: (APRIL 12, 2007) The applicant was not present. Staff presented the item stating the applicant had requested on April 10, 2007, the item be deferred to the May 24, 2007, public hearing to allow staff and the applicant additional time to resolve outstanding concerns related to the proposed site plan. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to approve the By-law waiver request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a request dated May 11, 2007, requesting a deferral of this item to the July 5, 2007, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 11, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. STAFF UPDATE: The applicant submitted a revised site plan to staff addressing few of the previously raised concerns. The revised site plan has addressed staff’s concerns related to the location of the proposed drives. The applicant has indicated a single drive from Woodrow located near the Interstate Exit Ramp outside the AHTD right of way. The site plan also includes drives on West 7th and Appianway Streets. The indicated drives are located adequately to meet the typical minimum ordinance requirements for driveway spacing. The revised plan indicates the placement of a 20-foot radial dedication at the intersection of Woodrow and West 7th Streets. Staff recommends this radius be increased to 30-feet to facilitate traffic flows in the area. July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 10 The applicant has provided the location of the proposed dumpster facility on the site plan. The applicant has located the dumpster along the southern portion of the site near a proposed parking area. The hours of service for the dumpster have not been included. Based on the proximity of residential uses to the site, staff recommends if the development is approved, the hours should be limited to daylight hours. The site plan still indicates the placement of outdoor dining with the location very near the existing single-family home located adjacent to the development. As previously indicated, this development wraps around this home leaving them very little protection from activities taking place on the site. The patio area does not indicate a screening mechanism which would prohibit direct views of the outdoor diners into the residence’s back yard. To the north of the single-family home, a parking lot and driveway are indicated. The development is proposing the utilization of a 20-foot alley to serve the parking lot located on West 7th Street. The parking has four spaces along the common lot line with the residence and the site plan does not indicate the placement of any landscaping or screening in this area. Although this is located in the rear yard area of the home, staff still has concerns of how the headlights from the automobiles will affect the livability of the residence. The site plan indicates the placement of landscaping and buffering per the minimum requirements of the landscape and buffer ordinance along the street sides. The Interstate landscape strip is deficient. Typically a 30-foot landscape strip is located adjacent to the right of way. The site plan submitted does not include any area for this required buffer. The applicant is working with staff concerning the proposed channel improvements to the existing drainage way through the site. The applicant has also indicated detailed plans for detention will be provided to staff with the submission of final plans for development. The site plan indicates the placement of 96 parking spaces along with a building containing 9,840 square feet. The ordinance would typically require the placement of 98 parking spaces to serve a restaurant development. In addition an office is proposed on the site with the office structure containing approximately 800 square feet. Two parking spaces for the office use would typically be required. The site would typically require the placement of 100 parking spaces. A single sign has been indicated on the site along the southeastern portion of the site. It appears in the location proposed the sign does not have direct street frontage since it appears there is a lot between the applicant’s property and the AHTD right of way. The sign height and area have not been indicated on the site plan as previously requested. Staff is not supportive of the placement of the sign as located on the site plan. Staff also requests the applicant limit the height and size of the sign and take into consideration the residential uses located to the east of the site. July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 11 The drive through facility is located on the site plan but staff concerns have not been fully addressed. The order menu board is located along Woodrow Street accessing the front of the building for service. The screening mechanism has not been addressed. Staff recommends if the site plan is approved and the order menu board is used, the board be screened per typical minimum ordinance standards. If the board is located as proposed, the screening would be required along Woodrow Street. Staff recommends the board be incorporated into the landscaping and become an architectural element and constructed of similar construction materials as the proposed building. The applicant is seeking a five year deferral of the required street improvements to Appianway Street. Staff is not supportive of this request. Three driveways are proposed as access to the site on Appianway. Staff feels if the street is going to serve the development, street construction should take place at the time of redevelopment of the site. Staff continues to have concerns with the proposed site plan. The parking located at the intersection of Woodrow Street and West 7th Street is a major concern. This intersection is a gateway into the Capitol View Stifft Station Neighborhood and staff feels the entrance should not be marked with a hard surface parking lot. Staff feels the intersection should be softened to create an inviting entrance to the area. Staff is also concerned that the site plan only includes minimal landscaping and buffering along the roadways and is deficient along the Interstate frontage. Staff is concerned that on this site the minimums may not offer protection to the adjoining homes necessary to not impact their quality of life. The site will generate a great deal of traffic and the applicant has not indicated any mechanism to limit the intrusion of noise both from automobile traffic and customer traffic into the nearby homes located to the east along Appianway Street, the north across West 7th Street and to the west across Woodrow Street. Based on the site plan issues and concerns, staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of denial of the request. Staff stated there were a number of concerns related to the proposed site plan which they felt should be addressed for the development to fit into the neighborhood. Staff stated their concerns were related to how this development would impact the existing homes located across West 7th, Woodrow and Appianway Streets. Mr. Mark Abernathy addressed the Commission on the merits of his request. He stated he had presented the plan to the neighborhood association and received a warm response. He stated the neighborhood was excited to have such an establishment July 5, 2007 SUBDIVISION ITEM NO.: C.1 (Cont.) FILE NO.: Z-7895-A 12 entering their neighborhood. He stated the development was proposed utilizing the existing drainage structure within the site. He stated this would become an architectural feature as opposed to the existing overgrown drainage way. He stated he also proposed screening along the perimeters of the site. He stated it was as important to screen the development from the adjoining areas as it was to protect the homes. He stated he felt there were a number of misunderstandings by staff associated with the request. He stated he felt most of their concerns could be addressed. He stated the only thing he was not willing to change was the placement of the building. He stated to move the building to the corner did not allow his vision to be achieved. The Commission questioned if the item should be deferred to allow staff and the applicant to define the site plan. Mr. Abernathy stated he was willing to work with staff prior to the item going before the Board of Directors to address their concerns. Commissioner Williams stated he was not comfortable allowing staff to negotiate a site plan he had not seen. Ms. Ruth Bell addressed the Commission with concerns. She stated she was representing the League of Women Voters of Pulaski County and their concern was how a development fit the character of a neighborhood. She stated a parking lot at the corner was not an attractive entrance to the neighborhood. She stated she felt the details of the site plan should be addressed prior to the Commission acting on the request. There was a general discussion concerning the proposed request and the specifics of the development. The Commission suggested the applicant defer the item and work with staff to address their concerns. Mr. Abernathy agreed to the deferral. A motion was made to defer the item to the August 16, 2007, public hearing. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: D FILE NO.: S-867-TTTTTT NAME: Chenal Valley Phase 34 Preliminary Plat LOCATION: Located on Chenal Valley Drive and Gordon Road DEVELOPER: Deltic Timber Corporation 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 39.21 acres NUMBER OF LOTS: 32 FT. NEW STREET: 2,670 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 – Chenal Planning District CENSUS TRACT: 42.11 VARIANCES/WAIVERS REQUESTED: 1. A variance to allow an increased length of a cul-de-sac street, 2,670 linear feet, (Section 31-2). 2. A variance to allow a reduced front building line 15-feet for Lots 26 and 27 (Section 31-256). 3. A variance to allow alternative pedestrian trails in-lieu of sidewalks for the proposed new street, Marbais Court. A. PROPOSAL/REQUEST: The request includes the subdivision of a 39.21 acre tract into 32 single-family lots. The lots average 120-feet by 200-feet or 24,000 square feet. The plat indicates the placement of a 25-foot front building line for lots abutting the residential street with the exception of Lots 26 and 27. These lots have been indicated with a 15-foot front building line. These lots have a slope in excess of July 5, 2007 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-867-TTTTTT 2 18 percent and according to the developer the variance is necessary to allow the lots to develop utilizing the Hillside Development Standards per the Subdivision Ordinance. Each lot is proposed in excess of 10,000 square feet, the typical minimum lot size required for hill side development standards. A single cul-de-sac is proposed extending from Chenal Valley Drive. The street is proposed with a maximum length of 2,670 linear feet. A variance is being requested to allow the increased length of the cul-de-sac street. The plan indicates pedestrian trails will be utilized in lieu of sidewalks and is requesting a variance from the Master Street Plan to allow the proposed pedestrian trails. The subdivision is proposed in a single phase. B. EXISTING CONDITIONS: The site is heavily wooded abutting Gordon Road and Chenal Valley Drive. Gordon Road has been relocated from the original alignment and now ties into Chenal Valley Drive near Saverne Court. Abutting the plat area Gordon Road has been constructed to Master Street Plan standard as has Chenal Valley Drive. To the north of the site are several private gated single-family subdivisions containing six to eight homes accessed from Chenal Valley Drive. There are single-family homes located to the east of the site constructed along Champagnolle Court. South of the site is a large tract containing a lake and two single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Aberdeen Property Owners Association, the Bayonne Place Property Owners Association, the Coalition of West Little Rock Neighborhoods, the Margeaux Place Property Owners Association and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of the street conforming to the Master Street Plan. Construct street improvements to these streets including 5-foot sidewalks with the planned development. 2. 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). 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 5, 2007 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-867-TTTTTT 3 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 7. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 8. Section 31-403 of the Little Rock code requires streetlights. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. 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. 10. Provide street grades of Marbais Court. Centerline grades cannot exceed 16 percent while maintaining AASHTO sight distance requirements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. 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 metered connection(s) will apply to this project in addition to normal charges. A water main extension will be required in order to provide service to a portion of this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department for additional information. July 5, 2007 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-867-TTTTTT 4 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) Mr. Tim Daters was present representing the request. Staff presented an overview of the proposed development stating there were two variances associated with the request. Staff stated the variances included a reduced front building line and an increased length of a cul-de-sac street. Staff stated a separate fire apparatus road access was typically required when a single street was proposed to serve in excess of 30 homes. Staff stated the plat as indicated did not exceed the maximum number of homes allowed. Public Works comments were addressed. Staff stated grading permits would be required prior to the start of construction. Staff also stated streetlights must be installed prior to the issuance of the final plat for the subdivision. 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: There were few technical issues associated with the request remaining outstanding from the May 3, 2007, Subdivision Committee meeting. The proposal is to allow the creation of 32 lots from this 39.21 acres. The lots are proposed with an average lot size of 120-feet by 200-feet or 24,000 square feet. A 25-foot front building line has been indicated for the lots abutting the residential street with the exception of Lots 26 and 27. These lots have been indicated with a 15-foot front building line. These lots have a slope in excess of 18 percent and are proposed with a lot area in excess of 10,000 square feet. The developer is seeking the allowance of the Hillside Development Standards per the Subdivision Ordinance. The indicated slope and lot area would qualify the lots for the Hillside development standards. A single cul-de-sac is proposed extending from Chenal Valley Drive. The street is proposed with a maximum length of 2,670 linear feet. A variance is being requested to allow the increased length of the cul-de-sac street. The plan indicates pedestrian trails will be utilized in lieu of sidewalks and is requesting a July 5, 2007 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-867-TTTTTT 5 variance from the Master Street Plan to allow the proposed pedestrian trails. Staff is supportive of the variances request. The proposed trail system has been constructed in previous phases of the Chenal Valley Subdivision and appears to not have negatively impacted the area. The master street plan typically allows a maximum length of a cul-de-sac street to be 1,500 feet serving a maximum of 35 lots. Staff does not feel the street length as proposed will significantly impact the area. Staff is supportive of the applicant’s request. The subdivision is proposed in a single phase with the development of the area at 1.21 units per acre. The development is proposed to create large areas of open space adjacent to many of the proposed lots. In staff’s opinion the variances associated with the request will not impact the development or the properties in the area. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the construction of the new homes in the area should provide a positive impact on the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow an increased length of a cul-de-sac street. Staff recommends approval of the variance request to allow the construction of pedestrian trails in-lieu of sidewalks. Staff recommends approval of the applicant’s request to allow the utilization of Hillside Development Standards and allow a 15-foot front building line for proposed Lots 26 and 27. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 9, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. July 5, 2007 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: S-867-TTTTTT 6 PLANNING COMMISSION ACTION: (JULY 5, 2007) Mr. Tim Daters was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated they were supportive of the applicant’s variance request to allow an increased length of a cul-de-sac street and the variance request to allow the construction of pedestrian trails in-lieu of sidewalks. Staff stated two of the indicated lots would be developed utilizing the Hillside Development Standards and allow a 15-foot front building line for proposed Lots 26 and 27. Mr. Lloyd and Ms. Ferris Garrison addressed the Commission in opposition. They stated when they purchased their home the developer indicated he would provide a 100-foot dedicated open space behind their home. They stated this would be behind Lots 23 – 25. Mr. Garrison stated the buffer was indicated at substantially less than the previously agreed 100-feet. Ms. Garrison stated presently there were 164 homes for sale in Chenal and 213 lots for sale by Chenal Properties. She stated in her opinion there was ample areas for new home construction. Ms. Lynn Hopkins addressed the Commission in opposition of the request. She stated her home was located adjacent to Lot 26. She stated she was told her lot would have a green belt on two sides. She stated Lot 26 was extremely steep. She requested a buffer be provided along the common lot line with Lot 26. Mr. Tim Daters stated the 100-foot buffer was previously agreed and he would provide the buffer. He stated on Lot 26 he could provide between 25 and 50-feet without changing the lot layout. He stated he would provide the maximum amount possible. Ms. Hopkins stated she would feel better if a number was provided. Mr. Daters stated he could not provide an exact number but would provide as much as possible. He stated the buffer depended on the amount that could be provided and not impact the develop ability of the proposed lot. There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. July 5, 2007 ITEM NO.: E FILE NO.: S-1564 NAME: Edswood Addition Preliminary Plat and Final Plat LOCATION: Located on Edswood Drive, just South of Kanis Road DEVELOPER: Calvin Hagan 5 Mallard Point Cove Little Rock, AR 72223 ENGINEER: Thomas Engineering 3810 North Lookout Road North Little Rock, AR 72116 AREA: 5.176 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A waiver of the Master Street Plan required street improvements along Edswood Road and Mallard Point Cove. 2. A waiver of the Subdivision requirements regarding building lines. 3. A waiver of the Master Street Plan requirements for right of way dedication for Edswood Road and Mallard Point Cove. A. PROPOSAL/REQUEST: The applicant is seeking preliminary plat approval for the creation of three residential lots from this existing five acre tract. The site is located outside the City limits of Little Rock but within the Extraterritorial Planning Jurisdiction of the City of Little Rock. Two lots are proposed to be served by Mallard Point Cove and one lot from Edswood Road. Mallard Point Cove is an existing paved drive in an access and utility easement that connects to Edswood Road, an existing public right of way. Part of the easement is twenty feet wide and part is fifty feet wide as indicated on the proposed plat. The existing residences located on July 5, 2007 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1564 2 proposed Lot A and proposed Lot C will have access by way of Mallard Point Cove. Proposed Lot B will have access to Edswood Road. The lots will be served by individual septic systems. The existing residence has a functioning septic system. Soil percolation test reports and system permits have been provided. The lots will be served by Central Arkansas Water. A waiver of the typical Subdivision Ordinance and Master Street Plan requirements is being requested including the street construction and right of way dedication along Edswood Road and Mallard Point Cove. B. EXISTING CONDITIONS: The site is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The site contains a single-family home located along the southern portion of the site adjacent to Mallard Cove. Mallard Cove is a narrow unimproved road extending from Edswood Road serving this home and what appears to be two additional homes to the south. Chenal West Estates Subdivision is located to the east of the site; a subdivision containing lots in excess of five (5) acres. The property to the west is zoned AF, Agricultural and Forestry and contains single-family homes on large lots. Edswood Road is indicated on the Master Street Plan as a principal arterial. The road has not been constructed to Master Street Plan standard. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Coalition of West Little Rock Neighborhoods and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Edswood 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. Mallard Point Cove on the east side of the property is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the turn of Mallard Point Cove. 4. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with the planned development. Edswood Road and the east part of Mallard Point Cove should be constructed to a principal July 5, 2007 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1564 3 arterial standard with back of curb located 33 feet from centerline and a 5-foot sidewalk located at the property line. 5. Mallard Point Cove on the south side is classified on the Master Street Plan as a residential street. A dedication of 25-feet for centerline will be required. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvements to residential standard to the street including a 5-foot sidewalk with the planned development. The back of curb will be located 13 feet from the centerline and the sidewalk at the property line. At least 20 feet of asphalt pavement must be provided. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 9. Section 31-403 of the Little Rock code requires streetlights. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide a perk test for the proposed lots to ensure compliance with Arkansas Department of Health requirements. 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. Contact Central Arkansas Water regarding the size and location of water meters. Approval of the City of Little Rock is required prior to the availability of service from Central Arkansas Water. Fire Department: The site is located outside the City limits. Fire protection will be provided by an area volunteer fire department. Provide a letter from the area fire department indicating their knowledge of the proposed development and their ability to serve the proposed new lots. July 5, 2007 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1564 4 County Planning: 1. Provide the date of the survey. 2. Provide the natural features on the proposed preliminary plat. 3. Provide the source of title of the landowner. 4. Provide the certification of owner on the proposed preliminary plat. 5. Provide the provisions for sewage disposal. 6. Provide a copy of the Bill of Assurance for the proposed subdivision. 7. Provide dedication/centerline information for Edswood Road. 8. Provide additional dedication for Edswood Road to meet ½ SE of a 50-foot right of way. 9. ADEQ clearing permit will be required prior to construction. 10. Provide building lines of 25-foot rear, 8-foot on the south and 25-foot on the north. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) Mr. Ed McClain was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated the applicant had furnished documentation from the Arkansas Department of Health indicating the lots were adequate to house an individual septic system. Staff stated the plat was located outside the City limits but within the City’s planning jurisdiction. Staff stated the applicant was proposing the creation of three lots from this five acre tract which would trigger the Master Street Plan ordinance and the Subdivision Ordinance. Staff stated Edswood Road and Mallard Point Cove on the east side were classified on the Master Street Plan as a principal arterial which would require a dedication of right of way 55-feet from centerline. Staff stated Mallard Point Cove on the south side would require a right of way dedication of 25-feet from centerline. Staff stated street improvements to all the abutting roadways would be required including curb, gutter and sidewalk. July 5, 2007 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1564 5 Public Works comments were addressed. Staff stated final platting could not be accomplished unless streetlights were installed. Staff also stated the storm water detention ordinance would apply to future development of the site and requested the applicant indicate the location for the proposed storm water detention storage. Pulaski County Planning comments were addressed. Staff stated there were additional items to be included on the plat including building lines, natural features, the date of the survey and certification of owner on the proposed preliminary plat. Staff also stated an ADEQ clearing permit would be required prior to the start of construction. 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’s response to Subdivision Committee comments indicated the desire to move forward with the proposed plat seeking waivers and variances from all Subdivision Ordinance and Master Street Plan requirements. The applicant is seeking preliminary plat approval for the creation of three residential lots from this existing five acre tract. The site is located outside the City limits of Little Rock but within the Extraterritorial Planning Jurisdiction of the City of Little Rock. Two lots are proposed to be served by Mallard Point Cove and one lot from Edswood Road. Mallard Point Cove is an existing paved drive in an access and utility easement. Edswood Road is a public County road. A portion of the easement is twenty feet wide and part is fifty feet wide. Per the Master Street Plan Mallard Point Cove on the south side would require a dedication of right of way 25-feet from centerline and street construction with a minimum paving width of 20-feet to serve the proposed lots. Edswood Road and Mallard Point Cove on the east side are classified on the Master Street Plan as a principal arterial and typically requires a dedication of right of way 55-feet from centerline and the addition of paving equal to 33-feet from centerline of the existing roadway and the construction of curb, gutter and a five foot sidewalk along the frontage of Edswood Road. The Subdivision Ordinance typically requires the placement of a 25-foot platted building line adjacent to a residentially classified street and a 35-foot platted building line adjacent to an arterial street classification. The proposed plat indicates a 25-foot building line on each of the abutting roadways. July 5, 2007 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1564 6 The lots will be served by individual septic systems. The existing residence has a functioning septic system. Soil percolation test reports and system permits have been provided. Central Arkansas Water will provide water service to the lots. Although the lots are indicated with adequate area and the applicant has provided a means of wastewater disposal which complies with these typical minimum standards of the Subdivision Ordinance, the plat as proposed is not adhering to all ordinance standards. The plat as proposed is requesting a waiver of the typical standards for street construction and right of way dedication. Staff feels it is important to address these typical minimum standards as well. Typically, as areas are final platted, street construction and at a minimum right of way dedication is secured for future street construction. In addition it is important to maintain typical setbacks established by the Subdivision Ordinance along arterial roadways. Staff feels the minimum requirements of the City’s ordinances with regard to subdivision and master street plan should be adhered to with the development of the lots. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were no registered objectors present. The Chairman explained to the applicant that when fewer than eight (8) Commissioners were present the Commission routinely allowed the applicant to seek a deferral to a later public hearing date to allow for additional Commissioner to be present when deciding the applicant’s request. The Chair questioned the applicant as to if they desired a deferral. The applicant stated they did desire a deferral. The Chair offered two dates for the deferral request one June 7, 2007, the second July 5, 2007, and questioned the applicant as to which date they desired their request to be heard. The applicant stated the July 5, 2007, public hearing date was acceptable. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the July 7, 2007, public hearing docket. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff has meet with the applicant to discuss options concerning the required street July 5, 2007 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1564 7 construction. The applicant continues to seek a waiver of the required street improvements. Staff does not support a waiver of half street improvements to Edswood Road. Staff does support a five-year deferral of half street improvements to Edswood Road improving the street to a principal arterial standard per the Master Street plan. In addition staff recommends Mallard Point Cove be constructed to a 20-foot width of asphalt and allowing open ditches for drainage for the entire frontage of the property. This additional paving is necessary for emergency vehicles access. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 5, 2007, requesting the item be withdrawn from consideration without prejudice. Staff stated the withdrawal request would require a waiver of the Commission’s By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. A motion was made to waive the Commission’s By-laws with regard to the late withdrawal request. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. The chair entertained a motion for placement of the item on the consent agenda for withdrawal. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: F FILE NO.: S-1566 NAME: Alexie Addition Preliminary Plat LOCATION: Located between West 22nd and West 23rd Streets, West of Walker Street DEVELOPER: JBE Contractors Inc. 27 Glasgow Court Little Rock, AR 72211 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.23 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.03 VARIANCES/WAIVERS REQUESTED: 1. A waiver of the required storm water detention ordinance. 2. A waiver of the NPDES Storm Water Permit requirement. 3. A waiver of the sidewalk requirement. A. PROPOSAL/REQUEST: The applicant is seeking preliminary plat approval of this 2.23 acre site to allow the creation of eight (8) single-family residential lots. The lots are proposed with an average lot size of 73.25 feet by 136.74 feet or 10,016.21 square feet. Lots will front on West 22nd and West 23rd Street. The proposed plat indicates a dedication of right of way along West 22nd, West 23rd and Walker Streets per the Master Street Plan. The building line proposed is 25-feet which complies with the typical minimum ordinance requirements. July 5, 2007 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1566 2 The applicant is seeing a waiver of specific requirements of various ordinance standards. The applicant is seeking a waiver of the storm water detention ordinance requirement, a waiver of the NPDES Storm water permit requirement and a waiver of the requirement for the placement of sidewalks along the streets. B. EXISTING CONDITIONS: The site is wooded and relatively flat. There is a single-family home located to the west of the site on a similar sized parcel. West 22nd and West 23rd Streets have not been constructed to Master Street Plan standard adjacent to the site nor has Walker Street. New single-family construction is prevalent in the area with new homes being constructed on the southeast corner of West 23rd and Walker Street and east along West 23rd Street. Along Scotty Court and Singleton Court there are multi-family units in duplex and four-plex units. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The John Barrow Neighborhood Association and all abutting property owners were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. West 22nd, Walker and West 23rd Streets are classified on the Master Street Plan as residential streets. A dedication of right-of-way 25 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of West 22nd and Walker Streets and Walker and W 23rd Streets. 3. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with the planned development. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. July 5, 2007 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1566 3 7. Section 31-403 of the Little Rock code requires streetlights. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. 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 water main extension will be required in order to provide service to a portion of this property. 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). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff stated the development as proposed would allow the creation of eight single-family lots from this existing un-platted tract. Staff stated with the development the required street improvements to West 22nd, West 23rd and Walker Streets would be required at the time of final platting. July 5, 2007 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1566 4 Staff questioned if the development would be phased or constructed in a single phase. The applicant stated the intent was to construct the improvements to West 23rd Street and after the homes were completed and sold begin the construction of West 22nd and Walker Streets. Staff stated they were supportive of the phased street construction as proposed. 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 cover letter to staff indicating the phasing plan for the street construction. The applicant has indicated the streets will be constructed in two phases with West 23rd being constructed in the first phase and West 22nd and Walker Streets in the second phase. The applicant is seeking a waiver of the requirement for the placement of sidewalks along the abutting streets. The proposed plat indicates a dedication of right of way along West 22nd, West 23rd and Walker Streets per the Master Street Plan. The request also includes a waiver of the Storm water detention ordinance requirements and a waiver of the NPDES Storm water Permit requirement. The request includes preliminary plat approval of this 2.23 acre site to allow the creation of eight (8) single-family residential lots. The lots are proposed with an average lot size of 73.25 feet by 136.74 feet or 10,016.21 square feet. The lots are proposed to front on West 22nd and West 23rd Streets, similar to lot development standards in the area. The building line proposed is 25-feet, which complies with the typical minimum ordinance requirement for R-2 zoned property. Staff is supportive of the applicant’s request to allow the creation of eight single- family lots consistent with minimum requirements of the Subdivision Ordinance with regard to lot size, development criteria and minimum lot frontage. Staff is not supportive of the applicant’s request for a waiver of the sidewalk placement along the abutting streets. The request is to allow phasing of the required street construction. The developer has indicated street construction in two phases. Staff is supportive of the construction of the streets in phases but recommends the streets be constructed to Master Street Plan standard including curb, gutter and sidewalk. Staff is not supportive of the request for a waiver of the sidewalk construction. The request also includes a waiver of the storm water detention ordinance requirements and a waiver of the NPDES Storm water Permit requirement. Staff is not supportive of the waiver request for the storm water detention ordinance July 5, 2007 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1566 5 requirements or the NPDES Storm water permit requirement. Sites in excess of one acre are required to provide on-site storm water detention and to obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. Staff feels the storm water detention ordinance should be adhered to, to lessen impacts on adjacent and downstream properties. Since the NPDES storm water permit is a State requirement, the City does not have the ability to waive this requirement. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were registered objectors present. Staff stated the applicant had amended the request to eliminate the request for a waiver of the storm water detention requirements and the waiver of the State NPDES permitting. Staff presented the item with a recommendation of denial of the requested sidewalk waiver. Staff stated they were supportive of the proposed preliminary plat just not the waiver request. The applicant addressed the Commission on the merits of his request. He stated he as constructing affordable homes for residents of the area with values between $129,000 and $130,000. He stated if he was required to construct the sidewalks this would increase the lot cost substantially thus increasing the housing cost. He provided the Commission with an estimated lot development cost including the construction of sidewalks. Commissioner Allen questioned the applicant as to the indicated cost. Commissioner Allen questioned the line item for miscellaneous cost. The applicant stated this was for the storm water detention cost of the development. The Commission questioned the indicated cost and stated they felt the cost indicated were excessive. Commissioner Allen suggested the applicant consider a deferral of the item to allow him additional time to provide additional detail as to how the costs were derived. Mr. Michael E. Vick addressed the Commission with questions and concerns. He stated the developers should be required to install all the required infrastructure when building a subdivision. He stated the area presently did not have natural gas and suggested the applicant be required to extend gas to the area. He stated he felt the street should be constructed including curb, gutter and sidewalk as typically required with all new development. The applicant requested the Commission grant a deferral to the July 5, 2007, public hearing. A motion was made to defer the item to the July 5, 2007, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. July 5, 2007 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1566 6 STAFF UPDATE: The applicant has agreed to construct the required street improvements including curb, gutter and sidewalk to the abutting streets as recommended by staff. The street improvements will be phased in two phases with the construction of West 23rd in the first phase and the construction of West 22nd and Walker Streets in the second phase. The proposed preliminary plat now fully complies with the typical minimum standards of the subdivision ordinance and the Master Street Plan. Staff is supportive of the applicant’s request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant had agreed to construct the required street improvements including curb, gutter and sidewalk to the abutting streets as recommended by staff. Staff stated the street improvements would be phased in two phases with the construction of West 23rd in the first phase and the construction of West 22nd and Walker Streets in the second phase. Staff stated as proposed the preliminary plat now fully complied with the typical minimum standards of the subdivision ordinance and the Master Street Plan. Staff stated they were supportive of the applicant’s request. Mr. David Stowers addressed the Commission in opposition. He stated since the applicant was not seeking any waivers he was no longer opposed to the request. Mr. Michael Vick addressed the Commission in opposition. He stated he was previously opposed to the development and continued to be opposed. He stated he was concerned with the drainage, the street system and how the lots would be accessed to receive City services. He stated West 22nd and West 23rd Streets were substandard streets which did not allow for cars to pass. He stated the developer should not only be required to improve the road abutting his proposed plat area but the streets in the area. He stated he felt once the site was cleared the area would suffer drainage problems which presently did not exist since the trees and grass areas absorbed the rainwater. Staff stated in older areas it was not uncommon for the garbage truck to back to serve some of the homes. Staff stated it was unfortunate but there were areas which were platted and the streets were not fully constructed. Staff stated the developers would be required to construct ½ street improvements to Master Street Plan standards. Staff stated this included curb, gutter and sidewalk. The Commission questioned the applicant as to the time frame for construction of the streets. The applicant stated West 23rd would be constructed first and West 22nd and Walker in the second phase. July 5, 2007 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: S-1566 7 There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. July 5, 2007 ITEM NO.: G FILE NO.: Z-3371-S NAME: The Village at Brodie Creek Zoning Site Plan Review LOCATION: Located on the Northwest corner of Colonel Glenn Road and I-430 DEVELOPER: CGBRD 1 LLC 425 West Capitol Avenue, Suite 300 Little Rock, AR 72201 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72224 AREA: 81.6 acres NUMBER OF LOTS: 12 FT. NEW STREET: 300 CURRENT ZONING: C-2 – Shopping Center District PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of the entire site with the development of the first phase. 2. A variance from the Land Alteration Ordinance to allow an increased slope on selected cuts located on the site. 3. A variance from the Zoning Ordinance to allow a reduced front building setback for selected lots. 4. A variance from the Subdivision Ordinance to allow lots without public street frontage. 5. A variance from the Zoning Ordinance to allow a reduced buffer along the northern property line. 6. A variance from the Zoning Ordinance to allow signage without public street frontage. July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 2 BACKGROUND: A preliminary plat for the subdivision of 87.137 acres zoned C-2, Shopping Center District was approved by the Planning Commission at their March 11, 2004, Public Hearing. The applicant intended to subdivide the site into four (4) lots to be marketed for C-2 commercial uses. The minimum lot size proposed was 225 feet by 225 feet or 1.162 acres for three lots which abutted Colonel Glenn Road with the bulk of the property contained in proposed Lot 4. The three peripheral lots were under separate ownership. On April 22, 2004, the Little Rock Planning Commission approved a site plan review for the development of this 81.6 acres as a shopping center and a preliminary plat to create 12 non-residential lots (previously approved Lot 4 of the I-430/Colonel Glenn Subdivision). The project consisted of 484,849 square feet of department stores, retail space and restaurant space. Parking was proposed at 2,546 parking spaces. The developer proposed to subdivide the site into nine lots and three tracts with the remaining property held by the developer. The approval allowed tenants to own property in fee. Bowman Road frontage would be improved to the minor arterial standard as required by the Master Street Plan. Right-of-way dedicated on 36th Street was required, however, a deferral of street improvements until some development occurred on the 36th Street frontage was approved. The Commission approved a variance from the Land Alteration Ordinance to allow the grading of the site with the Phase I development. A. PROPOSAL/REQUEST: The applicant is now seeking site plan approval for the development of 81.69 acres with a shopping center development. The site plan indicates the placement of 387,065 square feet of retail shops, a 75,000 square foot hotel, 25,000 square feet of restaurant space for a total building area of 487,065 square feet. Parking is proposed at 2,285 spaces. The applicant is seeking approval of variances from various ordinance development standards. Two variances from the Land Alteration Ordinance are being requested. One to allow advanced grading of the site with the development of the first phase and second a variance to allow an increased slope. The applicant is seeking a variance from the Subdivision Ordinance to allow the creation of lots without public street frontage. The applicant is seeking a variance from the Zoning Ordinance to allow a reduced buffer along the northern perimeter and the Interstate Frontage. The request also includes a July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 3 variance from the Zoning Ordinance to allow a reduced building setback for the internal lots. B. EXISTING CONDITIONS: The site is tree covered, abutting I-430 and Bowman Roads. There is a creek located within the site with a portion of the site abutting West 36th Street. The site slopes to the north from Colonel Glenn Road. There are a number of non- residential uses in the area including an automobile dealership, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. North of the site are single-family homes located along South Bowman Road and West 36th Street. The Church at Rock Creek is also located to the north accessed from West 36th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site, the John Barrow Neighborhood Association and the Stagecoach Dodd Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 36th Street, Bowman Road and Colonel Glenn Road including 5-foot sidewalks with the planned development. An additional lane and improvements will be required on Colonel Glenn Road from the off ramp to the driveway. Staff recommends a deferral of construction on 36th Street for 5 years or until adjacent site development whichever occurs first. 3. Additional lanes are needed to be added in each direction of Colonel Glenn Road. These improvements are located off site, which the developer is not typically required to install. In the previous application agreements were made to make off street improvements such as increasing road lanes. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 4 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. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. From previous meetings construction of all the buildings was not being proposed in the first phase. For issuance of a grading permit, construction must be imminent which is defined as the installation of a foundation or erection of a structure without unreasonable delay following land alteration activities. It is unknown at this time if a variance is needed for issuance of a grading permit. Provide a schedule of what buildings will be constructed during the Phase I grading and subsequent phases. 7. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e). Provide all wall heights. Provide a cross section of the proposed grading of the property including buffers to remain. 8. A maximum of 30 vertical feet of fill or excavation (3-10 foot vertical terraces or 2-15 foot vertical terraces) is permitted however additional development areas may be constructed a minimum of 150 feet in width at a slope no more than 8 percent. The maximum 30 feet of fill or excavation may again be utilized. 9. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 10. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 11. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 13. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 14. Section 31-403 of the Little Rock code requires streetlights. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 15. 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. July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 5 16. Easements for proposed storm water detention facilities are required. 17. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 18. Provide schedule of when street improvements be finished. 19. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 20. If conditions have changed from the previous applications such as building square footage and uses, submit a Traffic Impact Study for the proposed project. Contact Bill Henry, Traffic Engineering, at 379-1816 for specifics of the traffic study. The previous study showed a level of E and F and traffic would lock up at peek times. In particularly, an improvement was recommended for improving the I-430 Interchange to maintain a reasonable level of service and prevent long traffic delays. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. 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. Due to the nature of this facility, 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. Installation of public water mains will be required to serve this property. Please submit plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 6 project in addition to normal charges This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The landscape ordinance requires a thirty foot wide (30) undisturbed green belt along the Interstate 430. This area is to remain completely undisturbed. 3. The zoning street buffer ordinance requires an average fifty foot wide (50) landscape area along both Interstate 430 and along Bowman Road. 4. The zoning land use buffer requires a fifty foot wide (50) land use buffer along the northern perimeter of the site next to the residentially zoned properties. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The site plan reflects residentially zoned properties along the northern perimeter of the site. It is recommended the area be screened visually with vegetation; however, if the proposed vegetation does not meet this visual requirement then a six (6) foot high opaque screen, either a wooden fence with its face side directed outward will be required. 6. This site is being reviewed as one project; therefore, an overall landscape plan for the sites entirety will need to be submitted and approved prior to the issuance of a building permit. Any changes to the approved plan must be coordinated with the zoning department. Final landscaping requirements will ultimately fall upon the developer prior to the issuance of a certificate of occupancy. 7. An automatic irrigation system to water landscaped areas will be required. 8. 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. July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 7 9. 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. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) Mr. Tim Daters was present representing the request. Staff presented an overview of the proposed development stating there were a number of remaining technical issues associated with the request remaining outstanding. Staff requested the applicant provide the dimensions of all building setbacks, the maximum building height, the dimension of the landscape buffer and the location of the proposed dumpster facilities. Public Works comments were addressed. Staff stated street improvements would be required to the abutting streets per the Master Street Plan. Staff also stated permits would be required prior to any site grading or clearing of the site. Mr. Daters stated the developers were requesting a phased grading permit. He stated the developers were asking to grade the site in three phases with the issuance of a building permit for the first building. Landscaping comments were addressed. Staff stated the site plan must comply with the City’s minimum landscape and buffer ordinance requirements. Staff stated a 30-foot wide undisturbed green belt along the Interstate was required per the landscape ordinance and a 50-foot landscape strip was required along South Bowman Road and Interstate 430 per the zoning ordinance. Staff stated the site was being reviewed as a single development therefore landscaped plans and irrigation would be required on each lot or lease parcel as they developed. Staff stated the final landscaping requirements would ultimately fall upon the developer prior to the issuance of a certificate of occupancy for the shopping center. 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 May 3, 2007, Subdivision Committee meeting. The applicant has indicated the dimensions of all building setback, provided the maximum building height in the general notes section of the site plan and dimensioned the landscape buffer along the northern property line and the Interstate frontage. The applicant has not provided staff with a sketch grading and drainage plan or provided staff with the cut and fill quantities. Staff is working with the applicant to July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 8 secure these additional items. Staff will provide a recommendation to the Commission at the public hearing concerning the variance request for advanced grading. The applicant is requesting reduced setbacks for all interior lots from the front and side yard setbacks requirement. The development will be developed in a shopping center style and staff does not feel the reduced setbacks will have a negative impact on the adjoining lots. The site plan indicates a maximum building height of 45-feet. The property is presently zoned C-2, Shopping Center District which typically allows a maximum building height of 45-feet. The applicant has indicated tower elements not to exceed 60-feet. The Zoning Ordinance allow steeples, chimneys or similar ornamental structure to be constructed provided the structure does not exceed twice the height permitted in the classification. The indicated structures are within the allowable height for C-2, Shopping Center District zoning. The applicant has indicated all mechanical equipment will be roof mounted and screened from view by parapet walls. The applicant has also indicated the low architectural walls will be faced with stone or brick and conform to the general architectural theme of the center. The applicant has indicated the street buffer along Bowman Road to meet the minimum ordinance requirement. The applicant has also included landscape islands within the development to soften the impact of the on site paved area. The applicant has not included the placement of pedestrian tables to allow for safe pedestrian movement within the development. Staff would recommend pedestrian tables be added to the site to allow safe movement and connectivity throughout the site and the adjoining uses. The applicant is requesting a reduced landscape buffer along the northwestern property line. Staff is supportive of the request. The area abuts an adjoining parcel, which is bordered by a creek on the northern property line. Staff feels this area will more likely develop as a non-residential use or maintained as green space. The request also includes a reduced buffer along the Interstate frontage along the southern portion of the site. The applicant has indicated due to grades the undisturbed portion of the buffer will be difficult to maintain. Staff is supportive of reducing the buffer in this area. Based on the topography of the site and the adjoining roadways staff does not feel the reduced buffer will be visible. The proposed site plan includes the placement of 2,285 parking spaces. Based on the total retail square footage of the site 2,164 parking spaces would typically be required. The indicated parking is more than adequate to meet the minimum parking demand. The applicant has indicated signage will comply with signage as typically allowed in commercial zones and wall signage is proposed as allowed in commercial July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 9 zones per the Zoning Ordinance for percentage coverage. In addition the applicant has indicated façade signage, over-door transom signage and blade signage. The total sign area and lettering height is based on the tenant space leased by the retailer but less than typically allowed per the zoning ordinance for wall signage in commercial zones. Signage will be placed on the front of the buildings and on the side or rear of the buildings where the building has street frontage or is visible from a nearby street. The applicant has indicated three development signs. One development sign has been requested along I-430 and is proposed as forty feet in height and a sign area of three hundred square feet. The ordinance typically allows a sign thirty-six feet in height and one hundred sixty square feet in area. Staff is supportive of the increased signage area at this location. Staff recommends the sign height be measured from grade on the applicant’s site and not from the centerline of the adjoining interstate. The remainder of the development signs are proposed as a maximum of thirty-six feet in height and one hundred sixty square feet in area. The proposed signage is consistent with signage allowed in commercial zones. The applicant has indicated signage for each of the proposed lots consistent with signage allowed per commercial zones. The site plan also indicates the placement of building signage along the interior drive and along the street sides. The development is proposed as a “Life Style Center” with a main street feel. The fronts of the buildings will be located along the interior drive and the signage is necessary in this location to allow identification of the tenants. In addition the request is also to allow wall signage along the street sides. According to the applicant this signage is necessary to identify the businesses from the adjacent roadways. The applicant is requesting approval of the creation of an eight-lot plat with cross access easements in conjunction with the site plan review. Property zoned C-2, Shopping Center District typically requires a minimum lot size of five acres, except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the Commission. The ordinance further states there shall be not less than three hundred feet of district frontage on at least one abutting street, whether for single or multiple building/lot development. Proposed Lots 2 - 7 do not appear to meet the minimum criteria. The lots do not have public street access. Staff does not feel the development of the lots as proposed will have any adverse impact on adjoining properties. Staff feels the serving of these lots by internal drives will lessen any potential negative impact on the adjacent roadway. Staff is supportive of the variance request. The applicant has indicated street improvements will be constructed to Bowman Road and Colonel Glenn Road. The applicant is requesting a deferral of street improvements to West 36th Street until adjacent development. Staff is supportive of this request. Staff is working with the developer for additional improvements July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 10 required in the area including construction of additional lanes under the Interstate overpass. The applicant is requesting a variance from the Land Alteration Ordinance to allow advanced grading of the site. The applicant is requesting to grade the entire site with the development of Phase I of the building construction. The applicant has indicated to balance the site the advance grading is necessary to eliminate hauling of material from the site during construction of the first phase and then bringing the material back during subsequent phases. Staff is still reviewing this request. The applicant has indicated the development will have 24-hour access seven days per week. Staff is supportive of this request. The development will be a mixed use commercial development with restaurants. The site abuts commercial uses to the south and non-residential uses to the west. Staff does not feel the development with the proposed hours will have a negative impact on adjoining properties. The applicant has not provided staff with information concerning building elevations and construction materials. Staff has concerns with the massing of the buildings and the view of the rears of the structures when viewed from the adjoining roadways. Staff recommends the buildings be constructed as 360 degree buildings with the rears being treated with architectural elements to break the massing and give the appearance of a false front. Staff recommends the applicant provide additional information to ensure the development is constructed as indicated. Staff is supportive of the proposed site plan and proposed lot configuration. Staff feels the applicant has done a good job in meeting most of the minimum requirements with regard to a Zoning Site Plan Review for the proposed site with regard to landscaping, access and circulation, signage, maximum building height and parking. Although staff is supportive of the proposed concept of the development there are a number of issues staff cannot provide a recommendation on at this time. Staff is continuing to review the request for advanced grading and the necessary street improvements. Staff also recommends the applicant provide information concerning the treatment of the rears of the buildings where visible from the abutting the roadways. Staff’s recommendation is forthcoming based on these outstanding issues. I. STAFF RECOMMENDATIONS: Staff’s recommendation is forthcoming. July 5, 2007 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-3371-S 11 PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 10, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating they were requesting a deferral of the item to allow staff and the applicant additional time to resolve staff’s concerns related to a requested traffic study and the applicant’s request for advanced grading. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: H FILE NO.: Z-7596-B NAME: Impressions Sports Bar and Grill Short-form PCD LOCATION: Located at 5201 Asher Avenue DEVELOPER: Impressions Sports Bar and Grill 5201 Asher Avenue Little Rock, AR 72204 ARCHITECT: RAD, Inc. 2201 Izard Street Little Rock, AR 72202 AREA: 1.03 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: I-2, Light Industrial ALLOWED USES: A wide range of industrial uses entirely within enclosed buildings PROPOSED ZONING: PD-C PROPOSED USE: Private Club VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On July 15, 2004, the Commission withdrew an application request for this site, without prejudice, for a rezoning from I-2 to PD-C. The applicant proposed to expand an existing restaurant facility by 2,025 square feet (additional seating – 125) and add a drive through food service. The request was a change in zoning to PD-C to allow dancing with live music in the “bar area” of the restaurant. The applicant indicated live music would be played on the first and third Friday nights of the month, during major sporting events, private parties such as wedding receptions, anniversaries, office parties and Sunday brunch, probably on a monthly basis. July 5, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-7596-B 2 The empty lot across Anna Street was proposed for additional customer parking. There were 50 on-site parking spaces available. A. PROPOSAL/REQUEST: The private club is currently in operation and is under enforcement as a violation of the zoning ordinance. The request includes a rezoning of the site from I-2, Light Industrial to PCD to allow the business, a private club to continue to operate. No physical changes are proposed to the site. B. EXISTING CONDITIONS: The property is occupied by a one-story commercial building located within the south half of the property. There is paved parking between the building and Asher Avenue. There are existing access drives from Asher Avenue and Anna Street. The general area along Asher Avenue is comprised of a mixture of commercial and industrial uses. There is a drive-in restaurant and a motel west of the site, with various auto-related uses at the intersection of Asher Avenue and Fair Park Boulevard. Other various commercial uses, including two lumberyards, are located to the east and north (across Asher Avenue). Single-family residences are located to the south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from area residents. The Curran Conway Neighborhood Association, South of Asher Neighborhood Association, all residents located within 300-feet of the site and all property owners located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Right-of-way on Asher Ave, Anna Street, and W. 33rd Street should be dedicated to the Master Street Plan. 2. 20 foot radial dedication of right-of-way should be provided to the City. 3. Franchise permit should be obtained for all signage and improvements in the public right-of-way. 4. A 10 foot radius should be provided on the east side of the kitchen driveway. 5. At the time of building permit application for future expansion, half street improvements to meet Master Street Plan standards will be required to be installed for Anna Street and West 33rd Street including a 5 foot sidewalk. July 5, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-7596-B 3 6. At the time of building permit application for future expansion, if not already existing streetlights must be installed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: An existing 6-inch sewer main is located on the site. Relocation is required for any addition to the existing building. 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: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #14 – the Rosedale Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from I-2 to Planned Commercial Development to allow the existing building to be used as a restaurant, sports bar and grill. The request does not require a change to the Land Use Plan. Master Street Plan: Asher Avenue is shown as a Principal Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. 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. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. July 5, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-7596-B 4 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Oak Forest Neighborhood Action Plan. The Economic Development goal states, “Promote Asher Ave. and W.12th Street as viable commercial and service oriented locations/corridors.” Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. No comments on this use only issue. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff questioned the proposed use of the property. The applicant stated the use of the property was a private club. Staff questioned if any improvements to the structure were being proposed. The applicant stated the building would be utilized as it existed with no plans for building addition or the drive-through window. Staff requested the applicant amend the site plan to remove the indicated additions to the structure. Staff stated a right of way dedication to Asher and Anna Street would be required if the proposed zoning was approved. Staff stated a quit claim deed would be required after Planning Commission action but prior to Board of Directors action on the rezoning request. Landscaping comments were addressed. Staff stated there were no landscaping comments based on this use-only rezoning request. Staff noted any improvements would require compliance with the City’s Landscape and Buffer Ordinance requirements. 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 plan and cover letter to staff addressing most of the issues raised at the May 3, 2007, Subdivision Committee meeting. The applicant has provided a revised site plan removing the proposed improvements from the site plan and indicated the proposed use as a private club. July 5, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-7596-B 5 Staff is not supportive of the proposed request. The site is shown as Light Industrial on the Future Land Use Plan. The area south of Asher Avenue was originally intended to encourage industrial development based on a corridor plan created by the Asher Corridor Steering Committee in early 2000. The Committee recommended the current Land Use and Zoning designations for the property, which were approved in October of 2000. Staff feels the overall design of having commercial uses north of Asher Avenue, with industrial uses south of Asher Avenue is still valid. The area in question was changed to encourage small scale industrial and service trades types of uses. Since the area was not vacant at the time of the Land Use and Zoning changes, any new development due to change would likely take time. Staff does not feel the recommended Land Use and Zoning changes have had sufficient time to result in the physical changes desired by the steering Committee. This request would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee. Staff feels it is premature to make this type of change in the Asher Corridor area, until the area has a chance to develop as the Steering Committee envisioned in 2000. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant has failed to notify property owners as required by the Commissions By-laws. Staff presented a recommendation of deferral of the item to the July 5, 2007, public hearing. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. STAFF UPDATE: The applicant has mailed the required notices and provided staff with proof of notification. There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. July 5, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-7596-B 6 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Ron Copeland addressed the Commission in opposition of the request. He stated the site was located in an area being considered by UALR for redevelopment. He stated UALR and the University District Partnership were in the final stages of their master plan and the proposed use was inconsistent with the planning effort. He stated the land use should be as indicated by staff with light industrial type uses being located south of Asher and commercial uses located to the north. He stated the desire of the university was to bring families into the area and he felt the use would not encourage families to locate in the area. Mr. Copeland stated after checking with the ABC bureau he found the club had three violations with two in 2006 and one in 2007. He stated this was not the type business the university was encouraging. He stated UALR desired family friendly businesses and he did not feel the use was a family friendly business. The Commission questioned the plan boundaries. Mr. Copeland stated the boundaries were from Monroe on the east and the Fourche Creek to the south. Ms. Cindy Milazzo addressed the Commission in opposition. She stated UALR was opposed to the business being located at the site. She stated UALR was very business friendly and took a long look before standing up opposed to a use. She stated the university was a small community with roughly 16,000 persons on the campus during a normal day. She stated there were 12,000 students and various other personnel. She stated the university desired business which complimented the university. Ms. Janelle Romandia addressed the Commission in opposition. She stated she was a member of the Movers and Shakers Crime Watch Neighborhood Association. She indicated a number of police reports for the area for 2005 – 2007. She stated the area the persons participating in the activities at the club were not from the neighborhood. She requested the Commission deny the request. There was a general discussion concerning the difference between a bar and grill and a restaurant. Staff stated the difference was related to sales of food vs. sales of alcohol. Staff stated the current zoning would allow a restaurant but not a bar. The applicant stated when they purchased the property it was being used as a private club. He stated the site had not been a restaurant but was always a private club. The Commission questioned how long the applicant had owned the property. He stated the private club had been in operation for 1 ½ years. The Commission once again questioned staff as to the allowed use under the current zoning. Staff stated a July 5, 2007 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-7596-B 7 restaurant was allowed but not a bar or private club. The Commission questioned the previous uses of the building. Staff stated the previous use was approved for a restaurant. There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 1 ayes, 8 noes, 1 absent and 1 open position. July 5, 2007 ITEM NO.: I FILE NO.: Z-7949-A NAME: Jones Short-form PCD LOCATION: Located at 8013 Mabelvale Cut-off DEVELOPER: Barron and Tonya Jones 8013 Mabelvale Cut-off Mabelvale, AR 72103 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: .75 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Residential, Office, Hobby Shop, Office-Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,447 adopted by the Little Rock Board of Directors on December 5, 2005, established Tree-Frog Enterprises Short-form PCD. Two properties were proposed for the rezoning from R-2, Single-family to PCD by the applicant; the properties located at 8013 and 8025 Mabelvale Cut-off. The total area encompassed 1.5 acres. There were 2 houses, 2 garages, 2 storage buildings, and one open carport on these adjacent and contiguous properties. Both properties had paved driveways and parking areas for up to 4 vehicles at one, and up to 6 at the other. Additionally, both properties had extensive “permeable parking” areas in the rear, consisting of grass growing over crushed stone. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 2 The owners of 8013 Mabelvale Cut-off had lived on the site for approximately 11 years, and no changes in current use, or construction, were proposed. The residence was used as a residence and home-based business, with a one-person office. There were no visitors to the office. The 2,400 square foot garage / shop building was used for storage and as a garage for repairs to the owner’s automobiles. The owner was also involved in amateur sports car racing, and did some light fabrication and engine building, on occasion. The applicant indicated only automobiles owned by the owner was repair on the site. The applicant also indicated the additional small enclosed building was used as a “garden shed”, for storage of lawn maintenance items. The owners of 8025 Mabelvale Cut-off had lived on this site for approximately 5 years, and no changes in current use, or construction, was being proposed. The residence was used as a residence and home-based business, with a one-person office. There were no visitors to the office. The 1,200 square foot garage / shop building was used as a garage for repairs to the owners’ automobiles. The owners were also involved in amateur drag racing, and some light fabrication and engine building, was done on occasion. Additionally, the owners did minor automobile bodywork and painting. The applicant indicated only automobiles owned by the property owner were repaired on the site. The applicant indicated the additional small enclosed building was used as a “garden shed”, for storage of lawn maintenance items. The applicant indicated both properties exceed the maximum square footage allowable for accessory buildings. The applicant also indicated the owners of 8013 would be changing residences around the end of the year, and wished to continue using the property as they had been, except for the residential component. The applicant indicated the owners of 8025 were not planning any changes, at the time. The applicant’s request was to have the houses approved for O-1 uses, and the garages approved as office / warehouse. Additionally, the applicant’s requested one specified C-4 use: that they be able to store non-running vehicles, outside, on the properties. The applicant indicated in the normal course of the fabrication of racecars, one of the elements was; from time to time, “parts” cars are purchased from which to salvage usable pieces. The applicant indicated a voluntarily limit would be no more than 4 cars per property, and all cars would be stored so as to not be visible from any public thoroughfare. All disassembly and major work would occur inside the garages, and no cars would ever be stored “up on blocks” or in a state of visibly severe disassembly. The applicant indicated the C-4 component of the application be granted only during occupancy by the existing tenants, and did not wish it to transfer to any new tenant or owner. In keeping with the desire to maintain the residential appearance of these properties, a waiver of screening, landscaping and paving requirements, beyond what existed was approved. A 6’ - 7’ chain link fence around the rear of both properties was in place. The west side fence was opaque. The south and east exposures were contiguous with properties with higher or equal grandfathered uses. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 3 A. PROPOSAL/REQUEST: The applicant is proposing a revision to a previously approved PCD for the lot located at 8013 Mabelvale Cut-off. The total area encompassed by the application is approximately .75 acres. There is currently a house, garage, storage building and an open carport on the property. The property has a paved driveway and parking areas for up to six vehicles. Additionally the property has extensive “permeable parking” areas in the rear, consisting of grass growing over crushed stone. The owners recently purchased the property and presently live in the residence. The 2,400 square foot garage/shop building is used for storage and as a garage for repairs to friends and family automobiles. The request is to turn the garage/shop building into an automotive repair business. The owner will continue to reside in the home. The request includes the ability to store from time to time non-running vehicles, outside on the properties. In repairing cars, one of the elements is from time to time “parts” have to be ordered before a car can be completed. Periodically, non-running vehicles will also be delivered by tow truck. Only four (4) non-running cars will be allowed, and all cars would be stored so as to not be visible from any public thoroughfare. All disassembly and major work would occur inside the garages, and no cars will ever be stored “up on blocks” or in a state of visibly severe disassembly. The business will consist of no more than three (3) employees. The garage will be open to the public from 8:00 am to 5:00 pm Monday through Friday and from 8:00 am to noon on Saturday. There will be a drop-off service available, cars will be parked in the parking area in front of the residence. Completed vehicles will remain on the premises no longer than 30 days. An abandon title will be requested and the vehicle will be sold. B. EXISTING CONDITIONS: The site contains a single-family home along with a large shop building near the rear of the property. Mabelvale Cut-off is currently under construction for the 2003 City’s Bond Project widening project. Adjacent to the site is a home also approved for a PCD to allow the use of the property as an automobile repair shop, hobby use, and the residences was approved for the allowance of O-1 uses as alternative uses for the property. Other uses in the area include a non-conforming heavy equipment yard, an Adult Day Care center, “Service Master” a cleaning service office and warehouse, a non-conforming commercial automobile-related business (formerly “Roy’s Starter and Alternator Repair”) currently operated as a race shop and a non-conforming commercial area, of approximately 3 acres, containing multiple buildings used as private warehouses. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 4 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Legion Hut Neighborhood Association, Southwest Little Rock United for Progress, all property owners located within 200-feet of the site and all residents who could be identified located within 300 feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Mabelvale Cut Off is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Additional fire hydrants may be required. The gate must maintain a minimum opening of 20-feet for access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Routes # 17 and 17A the Mabelvale- Downtown and the Mabelvale-UALR Bus Routes. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow an existing shop building to be used as an automobile repair shop to be operated by the owner of the home located on the site. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 5 The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Cut-off is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor 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 applicant’s property lies in the area covered by the Chicot West I-30 South Neighborhood Action Plan. The Economic Development Goal states: “Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide details of the proposed outdoor storage of vehicles. Public Works comments were addressed. Staff stated a right of way dedication to Mabelvale Cut-off may be required. Landscaping comments were addressed. Staff stated screening would be required along the southern and northern perimeters. Staff stated there was no change to the proposed site only a change in the allowable use. 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. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 6 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the May 3, 2007, Subdivision Committee meeting. The applicant has clearly identified the areas for outdoor storage of vehicles and indicated any additional right of way will be provided to the City as required with the rezoning action of the property. The applicant is proposing a revision to a previously approved PCD to allow an automobile repair shop to operate from the site. There is currently a house, garage, storage building and an open carport on the property. The property has a paved driveway and parking areas for up to six vehicles. Additionally the property has extensive “permeable parking” areas in the rear, consisting of grass growing over crushed stone. The applicant will reside in the home. The 2,400 square foot garage/shop building will be used as an automotive repair business. The business will consist of no more than three (3) employees. The garage will be open to the public from 8:00 am to 5:00 pm Monday through Friday and from 8:00 am to noon on Saturday. There will be a drop-off service available. Cars will be parked in the parking area in front of the residences during non-business hours. Completed vehicles will remain on the premises no longer than 30 days after which time an abandon title will be requested and the vehicle will be sold by the applicant. The request includes the ability to store non-running vehicles, outside on the property in the area identified for vehicle storage. Vehicles will be stored only when a parts order is necessary to complete the vehicle service. A maximum of four (4) non-running vehicles will be allowed on the site. All vehicles will be stored to not be visible from any public thoroughfare. All disassembly and major work will occur inside the garage, and no vehicle will be stored in a state of visibly severe disassembly. Staff is not supportive of the request. The applicant is seeking an amendment of a previously approved PCD to allow an automobile repair shop to locate on the site. Although the site has a history of automotive repair, the history is related to the former owner and his operation of a hobby shop for his personal vehicles and race vehicles. The site is shown as Mixed Use on the City’s Future Land Use Plan which allowed for a mixture of residential, office and commercial uses to occur. Staff does not feel an automobile repair shop, an intense commercial use, should be allowed on the site. There are residential uses in the area which staff feels the automobile repair shop could potentially adversely impact. In addition staff feels with the allowance of this intense commercial activity this could potentially open the door for additional intense commercial uses in this area. Staff feels this type of commercial use should be located in identified commercial area and not in an area identified for commercial, residential and office uses on the plan. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 7 I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of denial. The applicant stated they had bought the home specifically to allow them to open an auto repair shop in the large shop building located on the property. She stated there were only three employees of the business and the hours would be limited to 8:00 am to 5:00 pm Monday through Friday and noon on Saturday. She stated the request was for her and her husband’s sole ownership. She stated once the business grew they would relocate to a site on Chicot Road or an equally commercial area. She stated the business was advertised by word of mouth. She stated screening was addressed and none of the vehicles would be viewed from the adjoining roadways. She stated she had talked with her neighbors and none of them were opposed to the proposed use. The Commission questioned the adjoining uses. Ms. Jones stated the structure immediately west of the site was an adult daycare center. She stated there was also a carpet cleaning service located to the east. She stated north of the site was a contactors storage yard and east of the site was a residential home. She stated the neighbor also repaired cars in a shop building located on his property which was of similar size. She stated south of the site was a warehouse which stored boats and other items. The Commission questioned staff as to if there was a way the request could be supported by them. Staff stated this was an intense commercial use and they felt the use should be limited to commercial areas. Staff stated they did not envision this area with this type uses. Staff stated the site was identified as Mixed Use on the City’s Future Land Use Plan which allowed for a mixture of residential, office and commercial uses. Staff stated the office should be compatible with the residential and the commercial should be more in line with C-1, Neighborhood Commercial uses. The Commission indicated to Ms. Jones with the few Commissioners present it would be difficult to receive the number of positive votes necessary to approve the request. The Commission suggested Ms. Jones contact her neighbors and get letters of support and to get some of the neighbors to come down and speak on her behalf. Ms. Jones requested the Commission defer her item to the July 5, 2007, public hearing. A motion was made to defer the request to the July 5, 2007, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 8 STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Barbara Yates addressed the Commission in opposition of the request. She stated she was representing the Upper Baseline Neighborhood Association and felt the location was not appropriate for a commercial use. She provided the Commission with a history of the site indicating the previous owners had constructed the shop building when the area was located outside the City limits. She stated the neighborhood voted to not oppose the request for rezoning for the previous owner but there was an agreement the site would not be used as a commercial business. She stated the neighborhood had concerns with noise, parking in the front yard and presently the area was experiencing drug activity. She stated with the placement of the commercial activity this would potentially increase crime in the area. Ms. Pat Gee addressed the Commission in opposition of the request. She stated she was representing the Southwest Little Rock United for Progress who voted to support the neighborhood in opposing the request. She stated she did not feel the use of an auto repair garage would be an asset to the community. Ms. Tonya Jones addressed the Commission. She stated there were only three employees of the business. She stated the reason for the purchase of the home was to use the shop building as a garage. She stated she should have checked with the zoning desk but the property was marketed as commercial property. She provided the Commission with a copy of the sales advertisement. She stated this would be her home as well as her husbands business. She stated there would be limited times the cars would be parked on the site. She stated the only reason for a car to remain on the site would be for ordering parts. She stated she talked with the neighbors and all indicated support of the request. She provided the Commission with letters signed by the immediate neighbors indicating support. She stated she was willing to limit the approval to their sole ownership and not allow transfer to a subsequent owner. Ms. Jones stated the limit would be for their operation of the business. The Commission questioned if this required them to live in the house. Staff stated this could be a part of the approval. The Commission questioned staff as to the allowable uses for the site. Staff stated the house could be used as an O-1 use and the shop building could be used as a hobby July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z-7949-A 9 shop or an office/warehouse. The Commission questioned the required parking. Staff stated these uses did not generate a great deal of parking. There was a general discussion concerning the existing uses in the area. Ms. Jones stated there was a construction company across the street and a day care to the east. She stated to the west was the only single-family home and they had provided a letter in support of allowing them to operate the garage. There was no further discussion of the item. The Chair entertained a motion for approval of the item as amended to limit the approval to the current ownership both living on the site and operating the business. The motion carried by a vote of 6 ayes, 3 noes, 1 absent and 1 open position. July 5, 2007 ITEM NO.: J FILE NO.: Z-8144-A NAME: Little Rock Housing Authority Cumberland Manor Short-form PD-R LOCATION: Located on East 27th and Cumberland Streets DEVELOPER: McCormack Baron Salazar, Inc 1415 Olive Street, Suite 310 St. Louis, MO 63103 ENGINEER: Global Surveying 217 West 2nd Street, Suite 100 Little Rock, AR 72201 ARCHITECT: Fennell Purifoy Hammock Architects, PLC 111 Center Street, Suite 1520 Little Rock, AR 72201 AREA: 6.490 acres NUMBER OF LOTS: 2 FT. NEW STREET: 900 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Multi-family VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The proposed Cumberland Manor (and Metropolitan Village) development (s) will transform the formerly underutilized land south of Downtown Little Rock into a mixed income rental community for families at a variety of income levels. A total July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 2 of 60 new construction rental apartments make up the Cumberland Manor development. For over 50 years this site was occupied by 50 one-story frame duplexes that comprised the Ives family public housing development. Lack of funding for maintenance, repair and modernization resulted in the gradual decline of the exterior appearance of Ives and its functionality as a suitable housing resource. The Little Rock Housing Authority teamed with McCormack Baron Salazar (MBS) a private development company to develop a strategy to finance the redevelopment of this property. The plan calls for financing the project with a combination of equity raised through low-income tax credits, money from the LRHA and a small mortgage. An application has been made to the Arkansas Department of Finance Authority (ADFA) for $400,000 in annual federal Low Income Housing Tax Credits, $400,000 in Home funds, and $375,000 in Affordable Neighborhood Housing Tax credits. It should be noted that ADFA has limit on the amount of tax credits each project can be awarded, so the redevelopment area was divided into two separate, but “equal” projects (Cumberland Manor and Metropolitan Village) to comply with ADFA guidelines but still allow for the redevelopment of the entire site. If received, the tax credits and the HOME funds from ADFA will leverage $5,100,000 in private investment. In addition the Little Rock Housing Authority will invest approximately $2,300,000 towards the total development budget of $7.8 million. This development will have a portion of the 60 units set aside to public housing eligible families (18) and an additional 24 apartments will be offered to families who earn up to 60% of area median income. The remaining 18 units will be offered at market rents without income restrictions. MBS and the Little Rock Housing Authority (LRHA) are partners in the proposed development. LRHA will provide funds for development costs as a junior lender, and execute a long term land lease with the owner partnership that includes a non-foreclosable land use restriction. An affiliate of MBS is the General Partner in the Owner Partnership which will own the improvements on the site. This partnership and development structure is the same one used by LRHA and MBS in the development of Madison Heights – Phases I and II in the late 1990’s. Madison Heights replaced the dilapidated and troubled Highland Park public housing project in west Little Rock and is extremely successful. The development site of 6.49 acres is well located in Little Rock, Arkansas approximately 18 blocks south of downtown, 11 blocks south of the Governor’s Mansion, one block south of Roosevelt Road (a major east west secondary road), a few blocks west of Interstate 30. Its convenient location will offer residents easy access to major employers, the Little Rock International Airport, July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 3 and the many services, restaurants, recreation and entertainment venues located in downtown, making it a very desirable place to live. The neighborhood is urban in character; single family homes are predominate, and many churches, schools and ancillary service businesses are located on nearby streets. Several neighborhood institutions will be attractive to new families. One-half block to the west if the Washington Magnet School, a Basic Skills/Math/Science elementary magnet school with a current enrollment of 644 and a capacity of 850 students from pre-kindergarten to Grade 5. The St. John Missionary Baptist Church located one block west of the site operates the Vision Center which offers after school, evening and weekend recreational programs including basketball. An independently operated day care facility is located one block to the south of the site and South Little Rock Parks with open space and playground equipment is adjacent to the site. LRHA is building 17 attractive new for sale homes just to the southeast of the proposed new development site which will enhance the neighborhood and help bring about its revitalization. Cumberland Manor will include 60 new construction rental apartments in 11 two-story buildings comprised of attached townhouses or stacked garden (one story) apartments. Building exteriors will have handsome features including brick and vinyl siding and the property will offer off-street parking, attractive landscaping, an on-site playground for children, and a community garden. Handicapped accessible and adaptable units and designated handicapped parking will be provided. Apartments are efficiently designed to accommodate the needs of families, with maximized living space and minimum hallways and common corridors. All units meet or exceed the ADFA minimum gross square footages and include: six 756 NSF one-bedroom gardens (10%); eight, 965 NSF Two-bedroom gardens (13%); thirty-eight, 970 NSF two-bedroom townhouses (64%); two, 1,200 NSF three-bedroom gardens (3%); and six, 1,350 NSF three-bedroom townhouses (10%). All interior and exterior finishes will be of high quality with an emphasis on low maintenance materials, attractive details and energy efficiency. A 2,040 gross square foot Management/Maintenance Building will provide offices for on-site management and maintenance staff, as well as a community room, and fitness room. Site features include a fully equipped playground and a community garden. Apartment amenities include microwave, dishwasher, washer and dryer, security system, waste disposal and window treatments in every apartment, as well as certain Universal Design elements. Fully accessible units will include additional Universal Design elements. Other amenities provided are covered rear entries at each apartment, fenced sites, a playground and community garden. July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 4 Energy saving features will include Energy Star labeled dishwashers, refrigerators, clothes washers, air sources heat pump HVAC systems, and hot water heaters. Automatic shut-off controls for lavatory faucets in the Management Building, occupancy sensors for lights in all closets, storage rooms and bathrooms and additional exterior wall insulation. The development team of McCormack Baron Salazar (Developer), McCormack Baron Ragan Management Services (property manager), Fennell Purifoy Hammock Architects, Rosenblum Goldenhersh Silverstein & Zafft (tax attorney), Rubin Brown LLP (accounting and CPA) are well qualified to plan, implement construct and manage the proposed housing development. The proposed development will revitalize a large part of this neighborhood and provide a pleasant place of families to live comfortably and securely, in a mixed income development with apartments available to families in a large range of incomes. B. EXISTING CONDITIONS: The site was most recently contained a number of duplex structures developed by the Little Rock Housing Authority but all have recently been removed. The general area contains a mixture of uses and zoning. There are office and commercial uses to the north along Roosevelt Road. There are single family residences, vacant lots and one C-1 zoned lot to the south. Single family residences and a church are located across Cumberland Street to the east. A church, community center, school and single family residences are located to the west. Just south of this site the Little Rock Housing Authority is developing a single-family subdivision for owner occupied housing. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The South End Neighborhood Association, Community Outreach Neighborhood Organization, Meadow Brook Neighborhood Association, all residents, who could be identified, located within 300-feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide storm water detention for the difference between the developed conditions and the proposed development conditions. July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 5 2. Section 31-403 of the Little Rock code requires streetlights. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 3. Provide concrete drive apron where private drives meet public streets that comply to the City's standards. 4. The existing width of East 27th Street should be maintained to the proposed new street intersection and should not narrow at edge of development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. 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. Installation of water mains and additional fire hydrants will be needed. Due to the nature of this facility, 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route #2 – the South Main Street Route. July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 6 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a rezoning from MF-24 to Planned Residential Development to allow the construction of 60 units of multi family rental housing. The request does not require a change to the Land Use Plan. Master Street Plan: East 27th Street and Cumberland Street are shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the South End Neighborhood Action Plan. The Residential Development Goal states: “Improve the housing stock of the neighborhood.” Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. Street trees are recommended around the site’s entirety. 3. An automatic irrigation system to water landscaped areas will be required. 4. 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. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were two application requests on the current agenda proposed by the Little Rock Housing Authority. Staff stated the two projects were identical in nature including two areas for playgrounds, community gardens and common open space. Staff requested the applicant provide the building elevations, the total building height and the total number of proposed units for each structure type. July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 7 Public Works comments were addressed. Staff stated streetlights would be required prior to the issuance of a final plat. Staff also stated the existing width of East 27th Street should be maintained to the proposed new street intersection and should not narrow at edge of development. Landscaping comments were addressed. Staff stated compliance with the City’s minimum landscape and buffer ordinance requirements would be required. Staff also stated street trees were encouraged around the site’s entirety. 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 May 3, 2007, Subdivision Committee meeting. The applicant has provided the building elevations, the proposed construction materials and the number of units per each structure type. The site plan also indicates the existing width of East 27th Street will be maintained to the proposed new street intersection within the development. Cumberland Manor will include 60 new construction rental apartments in 11 two-story buildings comprised of attached townhouses or stacked garden (one story) apartments. All interior and exterior finishes will be of high quality with an emphasis on low maintenance materials, attractive details and energy efficiency. Building exteriors include brick and vinyl siding and the property will offer off-street parking, landscaping, an on-site playground for children, and a community garden. Handicapped accessible and adaptable units and designated handicapped parking will be provided. This development will have a portion of the 60 units set aside to public housing eligible families (18) and an additional 24 apartments will be offered to families who earn up to 60% of area median income. The remaining 18 units will be offered at market rents without income restrictions. The unit structure and bedroom breakdown is as follows: six, one-bedroom gardens, eight, two-bedroom gardens, thirty-eight, two-bedroom townhouses, two, three-bedroom gardens and six, three-bedroom townhouses. A maximum building height of 35-feet is proposed. A 2,040 gross square foot Management/Maintenance Building will provide offices for on-site management and maintenance staff, as well as a community room, and fitness room. Site features include a fully equipped playground and a community garden. July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 8 The site plan indicates signage consistent with signage allowed in multi-family zones. The signage is proposed at the primary entrances to the development. The signage is proposed with a maximum height of six feet and a total sign area of thirty-two square feet. The site plan indicates the placement of 103 parking spaces. The ordinance would typically require the placement of 90 parking spaces to serve the development. The parking as proposed is more than adequate to meet the typical minimum parking required for a multi-family development. The site plan indicates the placement of 35% of the site area as common open space and with 1,143 square feet of open space per unit. The ordinance typically requires a minimum of ten to fifteen percent of the gross planned residential district areas be designated as common usable open space. The ordinance also requires a minimum of five hundred square feet of usable private open space per unit for single-family duplex, zero-lot-line and townhouse development. Staff is supportive of the request. The development as proposed should revitalize a large part of this neighborhood and fills a need for residential housing in a mixed income development with apartments available to families in a large range of incomes. Little Rock Housing Authority is building 17 new homes to the southeast of the proposed new development site which will offer homeownership in the neighborhood and help bring about its revitalization. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the redevelopment of the site should have a positive impact on the development and the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 9, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. July 5, 2007 SUBDIVISION ITEM NO.: J (Cont.) FILE NO.: Z-8144-A 9 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: K FILE NO.: Z-8144-B NAME: Little Rock Housing Authority Metropolitan Village Short-form PD-R LOCATION: Located on East 27th and Cumberland Streets DEVELOPER: McCormack Baron Salazar, Inc 1415 Olive Street, Suite 310 St. Louis, MO 63103 ENGINEER: Global Surveying 217 West 2nd Street, Suite 100 Little Rock, AR 72201 ARCHITECT: Fennell Purifoy Hammock Architects, PLC 111 Center Street, Suite 1520 Little Rock, AR 72201 AREA: 6.490 acres NUMBER OF LOTS: 2 FT. NEW STREET: 900 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Multi-family VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The proposed Metropolitan Village (and Cumberland Manor) development (s) will transform the formerly underutilized land south of Downtown Little Rock into a mixed income rental community for families at a variety of income levels. A total July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 2 of 60 new construction rental apartments make up the Cumberland Manor development. For over 50 years this site was occupied by 50 one-story frame duplexes that comprised the Ives family public housing development. Lack of funding for maintenance, repair and modernization resulted in the gradual decline of the exterior appearance of Ives and its functionality as a suitable housing resource. The Little Rock Housing Authority teamed with McCormack Baron Salazar (MBS) a private development company to develop a strategy to finance the redevelopment of this property. The plan calls for financing the project with a combination of equity raised through low-income tax credits, money from the LRHA and a small mortgage. An application has been made to the Arkansas Department of Finance Authority (ADFA) for $400,000 in annual federal Low Income Housing Tax Credits, $400,000 in Home funds, and $375,000 in Affordable Neighborhood Housing Tax credits. It should be noted that ADFA has limit on the amount of tax credits each project can be awarded, so the redevelopment area was divided into two separate, but “equal” projects (Cumberland Manor and Metropolitan Village) to comply with ADFA guidelines but still allow for the redevelopment of the entire site. If received, the tax credits and the HOME funds from ADFA will leverage $5,100,000 in private investment. In addition the Little Rock Housing Authority will invest approximately $2,300,000 towards the total development budget of $7.8 million. This development will have a portion of the 60 units set aside to public housing eligible families (18) and an additional 24 apartments will be offered to families who earn up to 60% of area median income. The remaining 18 units will be offered at market rents without income restrictions. MBS and the Little Rock Housing Authority (LRHA) are partners in the proposed development. LRHA will provide funds for development costs as a junior lender, and execute a long term land lease with the owner partnership that includes a non-foreclosable land use restriction. An affiliate of MBS is the General Partner in the Owner Partnership which will own the improvements on the site. This partnership and development structure is the same one used by LRHA and MBS in the development of Madison Heights – Phases I and II in the late 1990’s. Madison Heights replaced the dilapidated and troubled Highland Park public housing project in west Little Rock and is extremely successful. The development site of 6.49 acres is well located in Little Rock, Arkansas approximately 18 blocks south of downtown, 11 blocks south of the Governor’s Mansion, one block south of Roosevelt Road (a major east west secondary road), a few blocks west of Interstate 30. Its convenient location will offer residents easy access to major employers, the Little Rock International Airport, July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 3 and the many services, restaurants, recreation and entertainment venues located in downtown, making it a very desirable place to live. The neighborhood is urban in character; single family homes are predominate, and many churches, schools and ancillary service businesses are located on nearby streets. Several neighborhood institutions will be attractive to new families. One-half block to the west if the Washington Magnet School, a Basic Skills/Math/Science elementary magnet school with a current enrollment of 644 and a capacity of 850 students from pre-kindergarten to Grade 5. The St. John Missionary Baptist Church located one block west of the site operates the Vision Center which offers after school, evening and weekend recreational programs including basketball. An independently operated day care facility is located one block to the south of the site and South Little Rock Parks with open space and playground equipment is adjacent to the site. LRHA is building 17 attractive new for sale homes just to the southeast of the proposed new development site which will enhance the neighborhood and help bring about its revitalization. Metropolitan Village will include 60 new construction rental apartments in 11 two-story buildings comprised of attached townhouses or stacked garden (one story) apartments. Building exteriors will have handsome features including brick and vinyl siding and the property will offer off-street parking, attractive landscaping, an on-site playground for children, and a community garden. Handicapped accessible and adaptable units and designated handicapped parking will be provided. Apartments are efficiently designed to accommodate the needs of families, with maximized living space and minimum hallways and common corridors. All units meet or exceed the ADFA minimum gross square footages and include: six 756 NSF one-bedroom gardens (10%); eight, 965 NSF Two-bedroom gardens (13%); thirty-eight, 970 NSF two-bedroom townhouses (64%); two, 1,200 NSF three-bedroom gardens (3%); and six, 1,350 NSF three-bedroom townhouses (10%). All interior and exterior finishes will be of high quality with an emphasis on low maintenance materials, attractive details and energy efficiency. A 2,040 gross square foot Management/Maintenance Building will provide offices for on-site management and maintenance staff, as well as a community room, and fitness room. Site features include a fully equipped playground and a community garden. Apartment amenities include microwave, dishwasher, washer and dryer, security system, waste disposal and window treatments in every apartment, as well as certain Universal Design elements. Fully accessible units will include additional Universal Design elements. Other amenities provided are covered rear entries at each apartment, fenced sites, a playground and community garden. July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 4 Energy saving features will include Energy Star labeled dishwashers, refrigerators, clothes washers, air sources heat pump HVAC systems, and hot water heaters. Automatic shut-off controls for lavatory faucets in the Management Building, occupancy sensors for lights in all closets, storage rooms and bathrooms and additional exterior wall insulation. The development team of McCormack Baron Salazar (Developer), McCormack Baron Ragan Management Services (property manager), Fennell Purifoy Hammock Architects, Rosenblum Goldenhersh Silverstein & Zafft (tax attorney), Rubin Brown LLP (accounting and CPA) are well qualified to plan, implement construct and manage the proposed housing development. The proposed development will revitalize a large part of this neighborhood and provide a pleasant place of families to live comfortably and securely, in a mixed income development with apartments available to families in a large range of incomes. B. EXISTING CONDITIONS: The site was most recently contained a number of duplex structures developed by the Little Rock Housing Authority but all have recently been removed. The general area contains a mixture of uses and zoning. There are office and commercial uses to the north along Roosevelt Road. There are single family residences, vacant lots and one C-1 zoned lot to the south. Single family residences and a church are located across Cumberland Street to the east. A church, community center, school and single family residences are located to the west. Just south of this site the Little Rock Housing Authority is developing a single-family subdivision for owner occupied housing. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The South End Neighborhood Association, Community Outreach Neighborhood Organization, Meadow Brook Neighborhood Association, all residents, who could be identified, located within 300-feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide storm water detention for the difference between the developed conditions and the proposed development conditions. July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 5 2. Section 31-403 of the Little Rock code requires streetlights. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 3. Provide concrete drive apron where private drives meet public streets that comply to the City's standards. 4. The existing width of East 27th Street should be maintained to the proposed new street intersection and should not narrow at edge of development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. 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. Installation of water mains and additional fire hydrants will be needed. Due to the nature of this facility, 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 2 – the South Main Street Route. July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 6 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a rezoning from MF-24 to Planned Residential Development to allow the construction of 60 units of multi family rental housing. The request does not require a change to the Land Use Plan. Master Street Plan: East 27th Street and Cumberland Street are shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the South End Neighborhood Action Plan. The Residential Development Goal states: “Improve the housing stock of the neighborhood.” Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. Street trees are recommended around the site’s entirety. 3. An automatic irrigation system to water landscaped areas will be required. 4. 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. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were two application requests on the current agenda proposed by the Little Rock Housing Authority. Staff stated the two projects were identical in nature including two areas for playgrounds, community gardens and common open space. Staff requested the applicant provide the building elevations, the total building height and the total number of proposed units for each structure type. July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 7 Public Works comments were addressed. Staff stated streetlights would be required prior to the issuance of a final plat. Staff also stated the existing width of East 27th Street should be maintained to the proposed new street intersection and should not narrow at edge of development. Landscaping comments were addressed. Staff stated compliance with the City’s minimum landscape and buffer ordinance requirements would be required. Staff also stated street trees were encouraged around the site’s entirety. 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 May 3, 2007, Subdivision Committee meeting. The applicant has provided the building elevations, the proposed construction materials and the number of units per each structure type. The site plan also indicates the existing width of East 27th Street will be maintained to the proposed new street intersection within the development. Metropolitan Village will include 60 new construction rental apartments in 11 two-story buildings comprised of attached townhouses or stacked garden (one story) apartments. All interior and exterior finishes will be of high quality with an emphasis on low maintenance materials, attractive details and energy efficiency. Building exteriors include brick and vinyl siding and the property will offer off-street parking, landscaping, an on-site playground for children, and a community garden. Handicapped accessible and adaptable units and designated handicapped parking will be provided. This development will have a portion of the 60 units set aside to public housing eligible families (18) and an additional 24 apartments will be offered to families who earn up to 60% of area median income. The remaining 18 units will be offered at market rents without income restrictions. The unit structure and bedroom breakdown is as follows: six, one-bedroom gardens, eight, two-bedroom gardens, thirty-eight, two-bedroom townhouses, two, three-bedroom gardens and six, three-bedroom townhouses. A maximum building height of 35-feet is proposed. A 2,040 gross square foot Management/Maintenance Building will provide offices for on-site management and maintenance staff, as well as a community room, and fitness room. Site features include a fully equipped playground and a community garden. July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 8 The site plan indicates signage consistent with signage allowed in multi-family zones. The signage is proposed at the primary entrances to the development. The signage is proposed with a maximum height of six feet and a total sign area of thirty-two square feet. The site plan indicates the placement of 104 parking spaces. The ordinance would typically require the placement of 90 parking spaces to serve the development. The parking as proposed is more than adequate to meet the typical minimum parking required for a multi-family development. The site plan indicates the placement of 52% of the site area as common open space and with 2,205 square feet of open space per unit. The ordinance typically requires a minimum of ten to fifteen percent of the gross planned residential district areas be designated as common usable open space. The ordinance also requires a minimum of five hundred square feet of usable private open space per unit for single-family duplex, zero-lot-line and townhouse development. Staff is supportive of the request. The development as proposed should revitalize a large part of this neighborhood and fills a need for residential housing in a mixed income development with apartments available to families in a large range of incomes. Little Rock Housing Authority is building 17 new homes to the southeast of the proposed new development site which will offer homeownership in the neighborhood and help bring about its revitalization. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the redevelopment of the site should have a positive impact on the development and the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated May 9, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. July 5, 2007 SUBDIVISION ITEM NO.: K (Cont.) FILE NO.: Z-8144-B 9 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: L FILE NO.: Z-8167 NAME: Meyer Short-form PCD LOCATION: Located at West Markham Street and Kavanaugh Boulevard DEVELOPER: Jerry Meyer 3001 West Markham Street Little Rock, AR 72205 SURVEYOR Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.5+ acres LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3 and R-5 ALLOWED USES: General Commercial Uses and Multi-family 36-units per acre PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning from C-3 and R-5 to PCD to allow C-3 uses as allowable uses for the site. The site contains an existing two story building with approximately 4,600 square feet of space. A parking lot located to the west of the building contains 10 parking spaces. No physical changes are proposed. B. EXISTING CONDITIONS: The building is a two story building with an entrance from Kavanaugh Boulevard to the second level and West Markham Street to the first level. This site is the former Little Rock Paint and Wallpaper Store. There are commercial uses July 5, 2007 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8167 2 located on the lower level. An existing paved parking lot is located along the western perimeter of the site, accessed from West Markham Street. The building is located in the Capitol View Stifft Station area which contains a number of commercial uses including two restaurants. Other uses in the area include a gas station located to the southeast. To the north and northwest of the site are single-family and multi-family residential uses. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Capitol View/Stifft Station, the Hillcrest Residents 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. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Entergy: Approved as submitted. Center-Point Energy: Center Point Energy has an existing gas main in the easement between Kavanaugh and Midland. A 10-foot easement is required along the gas main at the mid point. Contact Billy Hale at 377-4539 for additional information. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrants may be required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. July 5, 2007 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8167 3 CATA: The site is located near CATA Bus Routes - #1 the Pulaski Heights Route and #8 the Rodney Parham Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from R-5 and C-3 to Planned Commercial Development to allow the site to utilize C-3 uses for the entire site. The request does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is shown as a Collector on the Master Street Plan and West Markham Street is shown as a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on West Markham Street since it is a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: A Class III bike route is shown on Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use Goal states, “More mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas.” Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 8, 2007) The applicant was not present. Staff stated there were no remaining outstanding technical issues associated with the request. Staff stated the request included a rezoning of the site to PCD to allow C-3, General Commercial District uses as allowable uses for the site. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. July 5, 2007 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8167 4 H. ANALYSIS: There were no remaining technical issues associated with the request in need of addressing raised at the February 8, 2007, Subdivision Committee meeting. The applicant is seeking a rezoning from C-3 and R-5 to PCD to allow C-3 uses as allowable uses for the site. The site contains an existing building with approximately 4,600 square feet of space. A parking lot located to the west of the building contains 10 parking spaces. No physical changes are proposed to the site. Staff is supportive of allowing C-3 uses as allowable uses for the site. Although, the building has an R-5 zoning classification, the building has historically been used for commercial activities. Staff has some concerns with the availability of parking. As a C-3, General Commercial District use, the building could be used entirely as a restaurant use or a number of restaurants. Based on the total square footage and the present zoning ordinance, a restaurant use would typically require the placement of 46 parking spaces and for commercial activities, 15 parking spaces would typically be required. The Hillcrest Residents Association is presently developing a Design Overlay District Ordinance for the area which addresses a number of uses including parking. It is anticipated this ordinance will be presented to the Commission at their public hearing on June 21, 2007. According to the draft ordinance, the parking standard requirement within the district boundaries shall be 50 percent of that required by Article VIII of the Zoning Ordinance or for a retail use one parking space for every three hundred square feet of the gross floor area or a restaurant use one space per every one hundred square feet of the gross floor area. Per the Hillcrest Design Overlay District a maximum parking standard is established and the maximum allowable parking shall be the minimum standard established per Article VIII. Based on the proposed Hillcrest Overlay a total of seven parking spaces would be required for a retail use and 23 parking spaces would be required for a restaurant use. Staff feels based on the typical minimum parking requirement, the available parking on the site and the lack of street parking in the area, any restaurant use should be limited to no more than 50 percent of the total building area or 2,300 square feet. Otherwise to staff’s knowledge there are no outstanding issues associated with the request. Staff feels the rezoning of the site to allow C-3 uses as allowable uses for the site should have minimal impact on the site and the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. July 5, 2007 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8167 5 Staff recommends any restaurant use be limited to a maximum of 50 percent of the total building area or 2,300 square feet. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were registered objectors present. The Chairman explained to the applicant that when fewer than eight (8) Commissioners were present the Commission routinely allowed the applicant to seek a deferral to a later public hearing date to allow for additional Commissioner to be present when deciding the applicant’s request. The Chair questioned the applicant as to if they desired a deferral. The applicant stated they did desire a deferral. The Chair offered two dates for the deferral request one June 7, 2007, the second July 5, 2007, and questioned the applicant as to which date they desired their request to be heard. The applicant stated the June 7, 2007, public hearing date was acceptable. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the June 7, 2007, public hearing docket. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. PLANNING COMMISSION ACTION: (JUNE 7, 2007) The applicant was present. There were registered objectors present. Staff presented the item indicating the applicant had submitted a request dated June 5, 2007, requesting a deferral of the item to the July 5, 2007, public hearing. Staff stated the request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to recommend approval of the request. July 5, 2007 SUBDIVISION ITEM NO.: L (Cont.) FILE NO.: Z-8167 6 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 26, 2007, requesting the item be withdrawn from consideration without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for withdrawal. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 1 FILE NO.: S-1574 NAME: EPA Talley Road Preliminary Plat LOCATION: Located on the East side of Talley Road at Remington Drive DEVELOPER: Environmental Protection Associates 8110 Scott Hamilton Drive, Suite C-1 Little Rock, AR 72209 ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 Landscape Architect: Roberts and Williams 1501 North University Avenue Little Rock, AR 72207 AREA: 10.0 acres NUMBER OF LOTS: 6 FT. NEW STREET: 495 LF CURRENT ZONING: R-2, Single-family (rezoning to I-1, Industrial Park District as a separate item on this agenda - Z-7854-A) PLANNING DISTRICT: 12 – 65th Street West CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow reduced driveway spacing for the northern drive located along Talley Road. BACKGROUND: On June 9, 2005, the Commission was scheduled to hear a request to rezoning this site from R-2, Single-family to I-2, Light Industrial District. The application request was withdrawn prior to the Commission hearing on the request. July 5, 2007 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1574 2 A. PROPOSAL/REQUEST: The applicant is seeking preliminary plat approval for a tract containing 10.2 acres of residential zoned property into six (6) industrial lots. Review of the Land Use Plan indicates the request to be consistent with this type growth and development in the area. In addition to the proposed preliminary plat, the applicant is seeking a rezoning of the site from R-2, Single-family to I-1, Industrial Park District (File No. Z-7854-A) and a Zoning Site Plan Review (Z-7854-B) for the development of proposed Lot 4 as separate items on this agenda. A new commercial street will be constructed to serve the proposed lots. The street will extend from Tally Road into the proposed subdivision approximately 495 feet terminating in a cul-de-sac. Lots 1 and 2 and 5 and 6 are proposed with shared drives. Lots 1 and 6 have also been indicated with a proposed drive access to Talley Road. Regional detention is proposed to serve the subdivision. The proposed plat indicates a 35-foot building line along Talley Road and a 70-foot building line along the new cul-de-sac street. B. EXISTING CONDITIONS: There are homes located on the site with typical residential outbuildings. The site has a scattering of trees. To the east is a similar site presently grass covered also with a scattering of trees accessed from Shackleford Road. Little Rock Wastewater is located to the south of the site and there is a developing Office Subdivision located to the west along Remington Drive. North of the site is property zoned R-2, Single-family containing residential homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property abutting the proposed site along with the John Barrow and the Stagecoach Dodd Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required to be installed along Talley Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. July 5, 2007 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1574 3 2. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to E.P.A. Cove including 5-foot sidewalks on both sides with the planned development. 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. The storm water detention ordinance applies to this property. 5. The drainage ditch along the northeastern portion of the project should be placed in a 20 foot drainage easement. 6. The regional detention area should be placed in a drainage easement. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering at 379-1813 (Steve Philpott) for more information. 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. 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). 12. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Per Little Rock Code, the northern driveway off Talley Road must be 250 feet from the intersection and at least 150 feet from the property line. Since the driveway location cannot meet these requirements that driveway must be removed. The width of driveway must not exceed 36 feet. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 14. Due to no assurance the business will always being located at these location the actual street name should be named and signed "Epa Cove" instead of "E.P.A. Cove". It is recommended the street be named Remington Drive instead. July 5, 2007 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1574 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: A sewer main extension is required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge based on the size of the connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including any metered connections off the private fire system. 3. A water main extension will be required to serve Lots 2 through 5. 4. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 5. 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: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. July 5, 2007 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1574 5 G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the name and address of the owner, the source of title and the means of wastewater disposal and the source of water. Staff also requested the applicant remove the platted building lines along the side and rear property lines and allow the zoning to establish the required setbacks. Public Works comments were addressed. Staff stated the indicated drive along the northern proposed lot did not meet the typical minimum spacing requirements. Staff also stated the proposed name should be changed to Epa Cove or match the existing street name across Talley Road. Staff questioned the drainage area along the northern perimeter. Staff stated the drainage basin had a history of flooding problems and requested the applicant indicate the drainage way in an easement if located on the applicant’s property. Staff stated the storm water detention ordinance requirements would apply to development of the property. 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 preliminary plat to staff addressing most of the issues raised at the June 14, 2007, Subdivision Committee meeting. The applicant has removed platted building lines along the side and rear property lines. The applicant has also provided the name and address of the owner, the source of title and the means of wastewater disposal and the source of water. The street name has been changed to Remington Court and a drainage easement has been indicated along the northeastern perimeter of the site. The proposal is a preliminary plat for the 10.027 acres into six (6) industrial lots. There is a rezoning request as a separate item on this agenda to rezone the property from R-2, Single-family to I-1, Industrial Park District. The lots are proposed meeting typical minimum requirements of I-1, Industrial Park District standards. The lots range in size from 1.14 acres to 2.17 acres. The ordinance typically requires a minimum lot size of 1 acre for I-1, Industrial Park District zoned property and the proposed plat indicates the placement of a 70-foot front building line as typically required per the zoning ordinance. A note on the plat indicates the typical setbacks per the Zoning Ordinance will be adhered to for side and rear yard setbacks. July 5, 2007 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1574 6 The applicant is seeking a variance from Sections 30-43 and 31-210 to allow reduced driveway spacing for the northern drive located along Talley Road. Staff is supportive of this request. The drive is indicated per the minor commercial street standard. Although, the street length is in excess of the typically street standard for a minor commercial street, staff does not feel the location of the proposed drive will significantly impact the development or the area. Staff is supportive of the proposed preliminary plat request subject to the property being rezoned to I-1, Industrial Park District. Staff has based their review of the proposed plat on the I-1, Industrial Park District standards and the proposed plat appears to fully comply with these minimum standards. To staff’s knowledge there are no remaining outstanding issues associated with the request. The site is indicated on the City’s Future Land Use Plan as Light Industrial. Staff feels the development of the site as an industrial subdivision should have minimal impact on the area. I. STAFF RECOMMENDATIONS: Staff recommends the property be rezoned from its current R-2, Single-family zoning classification to the proposed I-1, Industrial Park District or the plat approval shall be voided. Staff recommends approval of the proposed preliminary plat subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow a reduced driveway spacing for the northern drive located along Talley Road. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation the property be rezoned from its current R-2, Single-family zoning classification to the proposed I-1, Industrial Park District or the plat approval be voided. Staff presented a recommendation of approval of the proposed preliminary plat subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow a reduced driveway spacing for the northern drive located along Talley Road. 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 2 FILE NO.: S-1573 NAME: Supermarine Airport FOB Development Subdivision Site Plan Review and Right of Way Abandonment for Frazier Pike and East 22nd Street LOCATION: Located East of Bond Street, near Frazier Pike and East 22nd Streets DEVELOPER: Supermarine of Little Rock 2101 Frazier Pike Little Rock, AR 72206 ENGINEER: McClelland Consulting Engineers 900 West Markham Street Little Rock, AR 72201 AREA: 19.4 acres NUMBER OF LOTS: 1 – Leased Parcel FT. NEW STREET: 0 CURRENT ZONING: I-2, Light Industrial PLANNING DISTRICT: 25 - Port CENSUS TRACT: 2 VARIANCES/WAIVERS REQUESTED: 1. A variance from the Zoning Ordinance Section 36-522 to allow a reduced street buffer along Bond Street. 2. A variance from Sections 30-43 and 31-210 to allow a reduced driveway spacing along Bond Street. 3. A variance from the Landscape Ordinance requirement for the placement of trees. A. PROPOSAL/REQUEST: The applicant is seeking a site plan review for the Supermarine Airport FBO Development located at the Little Rock Regional Airport. The project involves the redevelopment of approximately 19 acres on the southwest side of the Little Rock Regional Airport. The project includes overall grading of the site and redistribution of site utilities to the new proposed new buildings. The proposed structure include four, free standing aircraft hangars with associated office and July 5, 2007 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1573 2 shop space. The plan indicates new vehicle parking areas along with landscaped zones. New aircraft ramp area has also been provided. The ground will be leased from the Airport Authority by Supermarine of Little Rock LLC. Supermarine is currently operating the existing FBO at the site. Supermarine intends to remain in operation during the phased construction of the site improvements. The request includes the following variances for the proposed site plan: 1. As indicated on the Site Plan Drawing the curb cuts on Bond Avenue are all at least 300-feet apart except for one location. At the South end of the Site the applicants are proposing a separation of 149’-6” between the curb cuts for the entry to the fuel farm storage tanks unloading zone. This dimension will contain the fuel truck unloading zone for safety and would limit the access to the airport operations areas to enhance security. 2. The landscaping “Buffer and Screening” from the Little Rock Code requirements indicate that for Industrial uses, a six (6) percent of the average depth of the site is required for a front yard street buffer. A minimum dimension of nine (9) feet wide landscape strip will be provided. Additional landscaped areas of fifteen percent have been provided in the parking lot area which typically requires the placement of eight (8) percent landscaping. The total area and percentages are indicated on the Site Plan drawing. To minimize any potential interface with flying birds and the breaching of security by climbing opportunities, the installation of trees on general aviation sites and other airport developments is generally discouraged. The applicant proposes replacing trees with low shrubs in the landscaped zones. The application also includes the abandonment of portions of Frazier Pike and East 22nd Streets as they run through the site. The request for abandonment of the right of way includes the abandonment of easements for the two roads as they enter the site from Bond Avenue. B. EXISTING CONDITIONS: The site is located along the eastern perimeter of the Little Rock Regional Airport. There are a number of buildings located within this area. Many containing aviation related businesses. To the south is a similar type aviation business, a private hangar and flying service. To the west of the site are industrial type uses located South of East 9th Street and North of Roosevelt Road. July 5, 2007 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1573 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site along with the East Little Rock Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Bond Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Bond Street with the planned development. Per the Master Street Plan, Bond Street should be constructed to a minor arterial industrial street standard. 3. Right-of-way of Frazier Pike should be abandoned. 4. The corners of the entrance drives should be shortened to allow vehicle movement. Contact Bill Henry, Traffic Engineering, at 379-1816 for additional information. 5. Due to the required stacking distance of 30 feet at the gates, the gates should open to the inside and not to the outside. Due to area constraints, the gates may have to slide instead of swinging. 6. Staff supports the variance request for reduced driveway spacing at the fueling area. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering at 379-1813 (Steve Philpott) for more information. 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. July 5, 2007 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1573 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main located east of Frazier Pike. A sewer main extension is required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: 3 Phase 13KV electrical circuit exists on the south side of East 22nd Street between Bond Street and Frazier Pike which feeds Omni Air. Relocation will be at the cost of the customer. Contact Entergy at 569-5448 for additional information. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge based on the size of the connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including any metered connections off the private fire system. 3. Due to the nature of this facility, 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. 4. A water main extension and 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). 5. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 6. 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: Approved as submitted. July 5, 2007 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1573 5 County Planning: No comment. CATA: The site is located on CATA Bus Route #20 – the College Station Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. In receipt of the letter requesting the elimination of trees on this project the following applies: a) A variance must be obtained from the City Beautiful Commission for approval prior to the issuance of a building permit. 3. The zoning street buffer requires an average thirty-six (36) foot wide street buffer and in no point be less than half. Currently, this area is shown as nine (9) foot wide. It appears the parking lot can be reduced to increase this landscape area. 4. An automatic irrigation system to water landscaped areas will be required. 5. 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. 6. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. 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 addressing most of the issues raised by staff during the review process for the June 14, 2007, Subdivision Committee meeting. The applicant has provided the total square footages of the proposed uses on the site plan. The site plan also indicates sliding gates as requested by July 5, 2007 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1573 6 staff to allow for adequate stacking distance. The applicant has not addressed staff’s concerns related to the proposed landscaping and buffer requirements. The site plan indicates a minimum landscape strip along Bond Street of 9-feet. The zoning street buffer typical requirement is a 36-foot buffer and in no case less than one half or 18-feet. The site plan indicates the placement of fifteen percent interior landscaping within the parking lot area which typically requires the placement of eight (8) percent landscaping to off-set the reduced street buffer. Staff is supportive of the variance request based on the proposed landscaping plan. The applicant is also seeking a variance from the typical landscape ordinance requirements for the placement of trees within the landscaped areas. According to the applicant tree placement is generally discouraged to minimize any potential interface with flying birds and the breaching of security by climbing opportunities. The applicant proposes replacing trees with low shrubs in the landscaped zones. Staff has had conversations with the Airport Planner who has indicated the airport does not desire the placement of trees in this location. The Airport Planner has provided staff with the FAA Advisory Circular 1501/5200-33A, Hazardous Wildlife Attractions on or Near Airports. This circular discourages the placement of trees on or near airports and airport runways. The circular also recommends a 10-foot clear zone on each side of the perimeter fencing surrounding an airport facility. Staff is supportive of the request to eliminate the tree planting requirement and the placement of low growing shrubs within the landscaped areas as proposed by the applicant. This variance will require City Beautiful Commission approval. The site plan indicates the placement of three hangars on the site; Hangar A, Hangar B and the Stephens Inc Hangar. Hangar A is indicated with an executive terminal and hangar space with a total of 24,000 square feet of hangar spaces, 10,000 square feet of office space and 1,750 square feet of retail space. Hangar B is indicated with 40,000 square feet of hangar space, 4,400 square feet of office space and 6,400 square feet of retail space. The Stephens Inc Hangar is indicated with 30,000 square feet of hangar space, 7,400 square feet of office space and 6,000 square feet of retail space. The typical minimum parking required for the development would be 135 parking spaces based on the proposed uses. The site plan indicates the placement of 230 parking spaces to serve the development. The indicated parking is more than adequate to meet the typical minimum parking requirement. The site plan indicates a total lease parcel size of 845,462 square feet and a total building area of 177,805 square feet with a total floor area of 173,440 square feet. The total percentage of building coverage on the site is 21 percent. The site plan indicates the building placement per the I-2, Light Industrial District zoning classification or a minimum of 50-feet from the new right of way line. The maximum building height will not exceed the maximum height allowed per I-2, Light Industrial District zoned property or a maximum of 45-feet. The applicant is seeking the abandonment of the existing right of way for a portion of Frazier Pike and East 22nd Streets. Several of the utility companies have indicated facilities within these rights of way and have indicated the July 5, 2007 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1573 7 developer will be responsible for moving any utilities at their expanse. If the utilities are relocated the area is not required to be maintained as an easement. Staff is supportive of the request. Staff feels the applicant has done an acceptable job in minimizing the impacts of this development on abutting properties. Staff does not feel the indicated variances will significantly impact the development or the area. To staff’s knowledge there are no remaining outstanding issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the requested variance from the zoning buffer ordinance requirement to allow a reduced street buffer along the abutting roadways. Staff recommends approval of the applicant’s request for the right of way abandonment for Frazier Pike and East 22nd Streets. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the requested variance from the zoning buffer ordinance requirement to allow a reduced street buffer along the abutting roadways. Staff also presented a recommendation of approval of the applicant’s request for the right of way abandonment for Frazier Pike and East 22nd Streets. 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 3 FILE NO.: S-1575 NAME: Broadway Subdivision Site Plan Review LOCATION: Located at 3325 Roosevelt Road DEVELOPER: Herbert Broadway 1921 West 16th Street Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 1.01 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 12 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a Subdivision Site Plan Review for this site per Section 31-13 of the Subdivision Ordinance. The Subdivision Site Plan review process is a development review process that provides for a case-by-case consideration of project particulars including the provisions of parking and landscaping in accordance with the appropriate ordinances, siting of buildings, and the relationship with adjoining properties. Amendments and modifications to the site plan, which may include a modification compounding the problems of vehicular circulations, safety, and provision of public utilities, require review and approval by the Planning Commission prior to construction. The applicant is currently remodeling one of two existing buildings located on the site to be used as an allowable use under the current zoning classification. The July 5, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1575 2 modification will require the addition of parking on the site to accommodate the proposed use and during the building permit review process, questions were raised concerning access and circulation. Staff felt the Commission should review the site plan to ensure proper circulation and access were maintained on the site. B. EXISTING CONDITIONS: There are two commercial buildings located on the site. The frontage of the building along Roosevelt Road is paved with a continuous curb cut. The rear building is currently being renovated for a private club. The front building is vacant. There are a number of industrial, commercial and office uses in the area. To the west of the site is a vacant property and further west a nursing home. The Pulaski County Detention Center is located to the east of the site. North of the site is vacant property. Further north of the site area single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site along with the Love and Goodwill Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Roosevelt Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 35 feet from centerline will be required. 2. Vehicles should use the eastern driveway for access. Additional curb and gutter should be installed to prevent access onto neighbor’s property and funnel traffic out the existing eastern driveway. 3. Remove front parking spaces and striping. Vehicle parking is not allowed in the front of the existing building closest to Roosevelt Road. 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The center driveway apron must be removed and replaced with curb and gutter. The width of driveway must not exceed 36 feet. 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 6. Sidewalks with appropriate handicap ramps are required to be constructed in accordance with Section 31-175 of the Little Rock Code and the Master July 5, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1575 3 Street Plan. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9. Remove existing crape myrtle turnaround due to parking lot conflicts. The turnaround does not provide sufficient backing spaces for handicapped parking spaces and disrupts traffic flow. 10. Parking lots should be configured and striped for one (1) way traffic in through the western driveway and one (1) way out through the eastern driveway. This will required the existing parking and proposed parking lots to be connected. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. 2. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 3. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #14 – The Rosedale Route. July 5, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1575 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The circulation on this site is questionable. 3. The landscaping ordinance requires a small amount of building landscaping between all parking areas and the buildings. 4. The landscape ordinance requires a nine foot wide landscape strip around the sites entirety. Currently, this project is not meeting this minimum requirement. There should be no hardscaping located within this minimal area. This site is located within the designated mature area of the City; therefore, this can be reduced to six foot, nine inches (6’-9”) where nine foot is a hardship. 5. Currently, the site plan reflects paving, a driveway apron, located within the nine foot wide (9) landscape strip; thus needs to realigned to a ninety (90) degree approach. 6. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 7. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The proposed plan does not currently reflect this minimum. 8. An automatic irrigation system to water landscaped areas will be required. 9. Any property zoned residential around this site will require a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, between this property and the residential area(s). 10. 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. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were a few outstanding technical issues associated with the request which were in need of addressing. Staff stated the indicated parking along the entrance drive did not allow for July 5, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1575 5 proper circulation. Staff stated the parking as proposed would cause conflicting traffic movements and requested the applicant redesign the plan to allow for one-way entrance and exit drives. Mr. Broadway stated his desire was to not allow traffic circulation behind the building located along Roosevelt Road. He stated he was unsure of the future use of this building and felt to require a driveway behind the building would limit the potential uses of the structure. He stated he would review various options and get back with staff concerning the proposed parking and circulation on the site. Public Works comments were addressed. Staff stated the drives should be redesigned to intersect perpendicular with Roosevelt Road. Staff also stated the parking located in the front yard area of the existing building should be removed to eliminate potential backing into Roosevelt Road. Landscaping comments were addressed. Staff stated the indicated building landscaping for the front building was more than adequate to meet the typical minimum requirement. Staff suggested the applicant reduced the building landscape strip to increase the proposed parking/maneuvering area to allow for adequate circulation and flow and also increase the landscape strip along the eastern perimeter. Staff stated the parking areas did not allow for adequate interior landscaping. Staff stated a minimum of eight percent of the interior parking area should be indicated as landscaped 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 June 14, 2007, Subdivision Committee meeting. The applicant has indicated the entrance drives as one-way access and redesigned the parking areas to eliminate the conflicting traffic movements on the site. The applicant has also increased the landscaped strip along the northern and eastern perimeters of the site. The parking located along Roosevelt Road has been removed to eliminate the potential for backing into the street. The site plan indicates the placement of 48 parking spaces on the site. Based on the typical parking required for a commercial development and a private club use, 40 parking spaces would be required. The indicated parking is adequate to meet the typical parking requirement. Future uses of the front building must not generate a parking requirement greater than the number of available spaces on-site. July 5, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1575 6 The site plan indicates the placement of a seven foot landscape strip along the perimeters of the site adjacent to the proposed parking areas. The Landscape Ordinance required a nine foot minimum landscape strip with the exception of the designated mature areas which allow a reduction in landscaping to a 6-foot nine-inch strip. The indicated landscaping is adequate to meet the typical minimum ordinance requirements. This site is located in the designated mature area. The site plan indicates an existing turn-around located within the drive area. Three parking spaces are indicated heading into the rear building south of the turn-around. The turn-around is located approximately 18-feet from the parking stalls which does not allow for adequate maneuvering into and out of the stalls. Staff recommends the turn-around be removed to allow for adequate circulation and sufficient maneuvering areas for vehicles from the parking stalls or remove the three parking spaces and include the area as landscaping or a drop-off zone. Staff is supportive of the request if the site plan is revised to remove the turn-around or removing the parking spaces. The remaining aspects of the development appear to comply with the various ordinance requirements. The site is presently zoned C-3, General Commercial District which allows a variety of indoor commercial activities. To staff’s knowledge there are no outstanding technical issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the turn-around be removed from the drive area or the three parking stalls located south of the turn-around be removed. Any proposed use for the front building must comply with the existing parking on-site or the property must be returned to the Planning Commission for site plan review. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request. Staff stated they felt the turn-around located in the parking lot should be removed from the drive area or the three parking stalls located south of the turn-around should be removed. Staff stated they would work with the applicant to revolve this issue at the time of building permit. Staff also stated any proposed use for the front building must comply with the existing parking on-site or the property must be returned to the Planning Commission for site plan review. July 5, 2007 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1575 7 Bishop Robert Smith addressed the Commission in opposition of the request. He stated the desire was to protect the area and he was opposed to anything that brought alcohol into the neighborhood. He stated when the church moved into the area the area was plagued with prostitution and drug dealers. He stated the area had been cleaned up and felt this would bring a negative element into the neighborhood. Mr. Hurston Simpson addressed the Commission in opposition. He stated he owned a number of rental properties in the area and his home was located south of the site. He stated his goal was to bring families into the neighborhood and he felt the addition of a night club in the area would adversely impact the area. Mr. William Holloway addressed the Commission in opposition. He stated the Little Rock Compassion Center was trying to make the area a stable part of the City. He stated the center located in the area three years ago and had done a great deal to clean up the area. He stated he was opposed to any use that would bring alcohol into the neighborhood. Mr. Herb Broadway stated his desire was to bring a quality business to the area. He stated the area was constantly trying to get the banking industry to fund projects in the area. He stated he purchased the property and had cleaned the site keeping the area mowed and removing the homeless living in the buildings. He stated he was requesting the opportunity to execute a plan. Commissioner Rahman stated there were a number of issues being raised which were not jermaine to the application. He stated the request was a site plan review and the Commission’s charge was to determine if the site plan was appropriate. There was a general discussion concerning ingress, egress and the existing conditions. Staff stated the parking located in the rear was new. Staff stated the applicant was removing parking located along Asher Avenue, which presently did not comply with typical ordinance standards. 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 7 ayes, 1 noes, 2 absent and 1 vacant position July 5, 2007 ITEM NO.: 4 FILE NO.: S-1577 NAME: Welspun Subdivision Site Plan Review LOCATION: Located South of Frazier Pike and East of Thibault Road DEVELOPER: Welspun Pipe 200 Ridgeway Road Little Rock, AR 72205 ENGINEER: Entech Consulting Engineers 1215 Sturgis Road Conway, AR 72034 CONTRACTOR: May Construction 2226 Cottondale Lane Suite 100 Little Rock, AR 72202 AREA: 600 + acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: The area is not zoned. PLANNING DISTRICT: 26 – Port South CENSUS TRACT: 40.07 VARIANCES/WAIVERS REQUESTED: A five year deferral of the required street improvements to Frazier Pike Road. A. PROPOSAL/REQUEST: The applicant is seeking a Subdivision Site Plan review for the development of this 600 acre site. The new facility will consist of a 322,900 square foot Spiral Pipe plant for the manufacturing of steel spiral pipe, 122,700 square foot coating mill for the interior and exterior coating of the manufactured pipe, outside storage July 5, 2007 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1577 2 of the raw and coated materials. Main access to the site will be from the existing Frazier Pike Road. There will be a railroad spur for the shipment of finished product from the site. The plant will operate 24 hours per day with approximately 200 to 250 employees spread over three (3) shifts. B. EXISTING CONDITIONS: The site has historically been used for agriculture purposes. The site is presently sitting feral. The site is located outside the City Limits of the City of Little Rock but within the Extraterritorial Planning Jurisdiction in which the City exercises Subdivision control. Along the northern boundary of the site is a City of Little Rock wastewater treatment plant and the eastern boundary is the Arkansas River. The remainder of the area is predominately agriculture with a scattering of homes located on acreage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site along with the College Station Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Frazier Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Storm water detention ordinance applies to this property. Staff recommends an in-lieu payment. 3. With site development, provide the design of street beyond the Little Rock Port Authority property conforming to the Master Street Plan. Construct one-half street improvement to Frazier Pike with the planned development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The property is located outside the current City limits and outside the current service boundary. If annexed into the City of Little Rock, contact Little Rock Wastewater Utility for easement and service requirements. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. July 5, 2007 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1577 3 Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge based on the size of the connection(s) may apply to this project in addition to normal charges. 3. A water main extension will be required, including the installation of off-site faculties. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 4. This development will have a major impact on the existing water distribution system. The developer should contact Central Arkansas Water regarding water requirements. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. The site must maintain a minimum gate opening and access of 20-feet. The site is located outside the City limits of Little Rock. Annexation is required to receive City Fire service. Contact the Little Rock Fire Department for additional information. County Planning: 1. Provide a revised drawing which labels the street names, clearly indicates setbacks, from property lines and distance between structures. The revised drawing should properly dimension the various rights of ways, access easements and indicate the City limits. 2. Construct accesses to industrial standards. CATA: The site is located near CATA Bus Route #20 – the College Station Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. An automatic irrigation system to water landscaped areas will be required. 3. Prior to construction, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. July 5, 2007 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1577 4 4. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few technical issues remaining outstanding associated with the request. Staff requested the applicant provide a full size copy of the proposed site plan. Public Works comments were addressed. Staff stated the streets should be constructed to industrial street standard. Staff stated the storm water detention ordinance would apply to development of the site. Landscaping comments were addressed. Staff stated a landscape plan would be required prior to construction on the site. 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 June 14, 2007, Subdivision Committee meeting. The applicant has provided a full size drawing of the proposed site plan including dimensions of all property lines and building setbacks from the property lines. The applicant has indicated the site contains approximately 600 acres and the total proposed building area is 445,600 square feet. The new facility will consist of a 322,900 square foot spiral pipe plant for the manufacturing of steel spiral pipe and a 122,700 square foot coating mill for the interior and exterior coating of the manufactured pipe. The site will contain areas of outside storage of the raw and coated materials. These areas are not proposed for screening due to the size of the of the property and the limited visibility from the abutting roadways. The applicant has indicated main access to the site will be from the existing Frazier Pike Road. The applicant is seeking a five-year deferral of the required street improvements to Frazier Pike Road. Staff is supportive of the deferral request. Staff is supportive of the request. The applicant has included on the proposed site plan the typical minimum standards per the Subdivision Ordinance for the site plan review process. To staff’s knowledge there are no outstanding issues associated with the request. Staff feel the development of the site as proposed should have minimal impact on this site and the area. July 5, 2007 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-1577 5 I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the applicant’s request for a five-year deferral of the required street improvements to Frazier Pike Road. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the applicant’s request for a five-year deferral of the required street improvements to Frazier Pike Road. 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 5 FILE NO.: Z-7854-B NAME: EPA Zoning Site Plan Review LOCATION: Located on the East side of Talley Road at Remington Drive DEVELOPER: Environmental Protection Associates 8110 Scott Hamilton Drive, Suite C-1 Little Rock, AR 72209 ENGINEER: Richburg Services Group Scott Richburg, P.E. 40 Berney Way Little Rock, AR 72223 LANDSCAPE ARCHITECT: Roberts and Williams 1501 North University Avenue Little Rock, AR 72207 AREA: 2.17 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family (rezoning to I-1, Industrial Park District as a separate item on this agenda - Z-7854-A) PLANNING DISTRICT: 12 – 65th Street West CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 36-319(b)(5) to allow a reduced building setback adjacent to residentially zoned property. 2. A variance from Section 36-523 of the screening requirement along the eastern perimeter. July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 2 A. PROPOSAL/REQUEST: The applicant is seeking a Zoning Site Plan Review for this property which is proposed for rezoning from R-2, Single-family to I-1, Industrial Park District as a separate item on this agenda (Z-7854-A). The proposal is to allow the construction of 3,000 square feet of office space and 7,000 square feet of warehouse space. The site plan indicates a proposed expansion area of 2,800 square feet of warehouse space. The site plan indicates fencing will be placed along the perimeters of the site with a gate access to the warehouse area. The site plan indicates the placement of 17 parking spaces and a large concrete parking/vehicular maneuvering and storage area in the rear yard. The site plan also includes an expansion area for future parking and storage. The proposal includes a variance from Section 36-319(b)(5) to allow a reduced building setback adjacent to residentially zoned property. The applicant is also seeking a variance from Section 36-523 of the screening requirement along the eastern perimeter. B. EXISTING CONDITIONS: There are homes located on the site with typical residential outbuildings. The site has a scattering of trees. To the east is a similar site presently grass covered also with a scattering of trees accessed from Shackleford Road. Little Rock Wastewater is located to the south of the site and there is a developing Office Subdivision located to the west along Remington Drive. North of the site is property zoned R-2, Single-family containing residential homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site along with the John Barrow and the Stagecoach Dodd Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required to be installed along Talley Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to E.P.A. Cove including 5-foot sidewalks on both sides with the planned development. July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 3 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this property. 5. The drainage ditch along the northeastern portion of the project should be placed in a 20 foot drainage easement. 6. The regional detention areas should be placed in drainage easements. 7. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for more information. 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. 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). 12. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Per Little Rock Code, the northern driveway off Talley Road must be 250 feet from the intersection and at least 150 feet from the property line. Since the driveway location cannot meet these requirements that driveway must be removed. The width of driveway must not exceed 36 feet. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 14. Due to no assurance the business will always being located at these location the actual street name should be named and signed "Epa Cove" instead of "E.P.A. Cove". It is recommended the street be named Remington Drive instead. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: A sewer main extension is required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 4 Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Due to the nature of this facility, 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. 3. A Capital Investment Charge based on the size of the connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including any metered connections off the private fire system. 4. A water main extension will be required to serve this lot. 5. Please submit two copies of the plans for the private fire line, if applicable, to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 6. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 7. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 5 CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a seventeen foot wide (17’) landscape buffer along the eastern property line. Seventy percent of this area is to remain undisturbed. 3. The zoning buffer ordinance requires a nineteen foot wide (19’) landscape buffer along the northern property line. Seventy percent of this area is to remain undisturbed. 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern perimeter of the site where adjacent to residentially zoned property. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 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 this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding remaining technical issues associated with the request in need of addressing. Staff noted the site plan indicated outdoor storage and questioned if outdoor storage areas were proposed. Staff requested the applicant indicate the location of the proposed storage areas and the mechanism for screening these areas. Staff also requested the applicant provide the percentage of building coverage in the general notes section of the site plan. July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 6 Public Works comments were addressed. Staff stated the storm water detention ordinance would apply to future development of the site. Staff also stated prior to any grading activities site grading and drainage plans would need to be submitted and approved by staff. Landscaping comments were addressed. Staff stated screening would be required along the northern and eastern perimeters of the site. Staff also stated the zoning buffer ordinance would require the placement of a 17-foot landscape strip along the east property line and a 19-foot landscape strip along the northern property line with a minimum of 70 percent of the area to remain undisturbed. 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 provided a revised site plan to staff addressing most of the issues raised at the June 14, 2007, Subdivision Committee meeting. The applicant has indicated locations proposed for outdoor storage areas and the mechanism for screening these areas. The applicant has also provided the percentage of building coverage in the general notes section. The site plan indicates the construction of 3,000 square feet of office space and 7,000 square feet of warehouse space. The site plan also indicates an expansion area of 2,800 square feet of warehouse space. There is a large area of paving for parking/vehicular maneuvering and storage in the rear yard. There are 17 parking spaces proposed for the site. Based on the typical standards for the proposed use of the property 11 parking spaces would typically be required. The indicated parking is more than adequate to meet this typical minimum requirement. Per Section 36-319(b)(2) every use or any part thereof, that is not conducted within a building completely enclosed or all sides shall be enclosed within a wall or fence six (6) feet in height. Such wall or fence shall completely screen all operations conducted within such wall or fence from observation. No exterior storage area shall encroach into any of the required yards. The site plan indicates an enclosed container storage area within the western side yard setback. Staff recommends the storage be relocated outside the required setback. The applicant is seeking a variance from Section 36-319(b)(5) to allow a reduced building setback adjacent to residentially zoned property. The property to the east is currently zoned R-2, Single-family District. Per this section of the ordinance, notwithstanding the yard regulations for this district, no part of any building or accessory structure shall be located closer than one hundred (100) feet to any residential district boundary. The site plan indicates the placement of the building within 30-feet of the property line along the eastern perimeter. Staff July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 7 is supportive of the variance request. Although, the property is currently zoned residentially, the area is defined on the City’s Future Land Use Plan for Light Industrial District uses and it is staff’s opinion the area is unlikely to develop with residential uses. The applicant has indicated landscaping per the typical minimum ordinance requirements per the Landscape and Buffer ordinance requirements with the exception of the screening requirement. Screening has not been indicated along the eastern perimeter. The applicant is seeking a variance from this requirement since the area is unlikely to develop with a residential use. The site plan indicates fencing will be placed along the southern and western perimeters of the site with a gate access to the warehouse area. Staff is supportive of this request. Staff does recommend should the area develop with a residential use the applicant place the required screening along the eastern perimeter. The site plan indicates a total building coverage of 11 percent with the initial construction and 15 percent with the expansion area. The Zoning Ordinance allow for a maximum aggregate area of building coverage not more than 50 percent (Section 36-319(b)(3). The indicated building coverage is well within the allowable building coverage per the typical ordinance standards. As separate items on this agenda the applicant is seeking a rezoning (Z-7854-A) of a 10.0 acre tract and a preliminary plat (S-1574) to allow the creation of six industrial lots. Staff is supportive of each of these items as well as the site plan review for this proposed lot. Staff recommends each of these items be approved or the approval of the proposed site plan shall be voided. Staff has reviewed the proposed site plan using the typical development standards for I-1, Industrial Park District standards. The site plan as proposed meets most of these typical minimum standards and in staff’s opinion the areas which do not fully comply with the typical minimum ordinance standards will not significantly impact the area. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development of the site as proposed will not significantly impact the development or the adjacent properties. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to approval of the rezoning of the property and approval of the proposed preliminary plat and compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the indicated enclosed container storage area be relocated outside the required western setback. Staff recommends approval of the variance from Section 36-319(b)(5) to allow a reduced building setback adjacent to residentially zoned property. Staff recommends approval of the applicant’s request for a variance of the screening requirement along the eastern perimeter of the site. Staff July 5, 2007 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7854-B 8 recommends should this area develop with a residential use the applicant install screening at that time. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to approval of the rezoning of the property (Z-7854-A) and approval of the proposed preliminary plat (Z-1574) and subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the indicated enclosed container storage area be relocated outside the required western setback. Staff presented a recommendation of approval of the variance request from Section 36-319(b)(5) to allow a reduced building setback adjacent to residentially zoned property and the variance request of the screening requirement along the eastern perimeter of the site. Staff recommended should this area develop with a residential use the applicant install screening at that time. 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 6 FILE NO.: Z-2588-A NAME: Freeman Short-form PD-R LOCATION: Located at 7414 – 7416 Indiana Street DEVELOPER: Lillian Freeman 7414 – 7416 Indiana Street Little Rock, AR 72113 SURVEYOR: Olen Dee Wilson Surveying 2523 Willow Street North Little Rock, AR 72115 AREA: 0.34 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two Family ALLOWED USES: Single-family and Two Family Residences PROPOSED ZONING: PD-R PROPOSED USE: Two Family Residences; allow the sale of units to individual owners VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of this existing one story rock and frame duplex to two garden/patio homes to allow the sale of the lot along with the unit. The homes are attached by one common wall and each unit has a private driveway with attached carport. The utilities are on separate meters. The duplex is situated on two lots (Lots 22 and 23, Block 4, Riffel and Rhotons, Forest Park Highlands Addition). The two lots are proposed for the division of the property to prospective owners. No structural changes or modifications are proposed. July 5, 2007 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2588-A 2 B. EXISTING CONDITIONS: The site contains an existing duplex constructed with open carports on each end. There are a number of similar uses located in the area. To the west of the site is a condo development and to the north of the site are duplex units. South of the site is a church parking lot with the church located on the corner of Indiana Street and Mississippi Avenue. The Little Rock Bridge Club was recently approved to locate on the south side of Indiana Street. North of the site is a commercial area containing a number of retail uses. South of the site are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the Meriwether Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Indiana Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the West Little Rock Planning District. The Land Use Plan shows Low Density Residential for this property. July 5, 2007 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2588-A 3 The applicant has applied for a rezoning from R-4 Two Family to Planned Residential District. The request does not require a change to the Land Use Plan. Master Street Plan: Indiana Street is shown as a Local Street on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Midtown Neighborhood Action Plan. The Infrastructure goal states, “maintain and enhance infrastructure to serve existing and new residents and promote revitalization of the neighborhood.” The Plan does not address residential density. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were no outstanding technical issues associated with the request. Staff stated the duplex was existing and the applicant was seeking a rezoning to PD-R to allow a reduced side yard setback to allow for the future sale of the individual units. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no technical issues associated with the request remaining from the June 14, 2007, Subdivision Committee meeting. The applicant is seeking approval of a PD-R to allow for the establishment of setbacks for this existing duplex structure. The applicant has indicated the desire is to allow for transfer of individual units to prospective buyers in addition to the transfer of property with each unit. The duplexes are currently situated on separate lots with the lot line being the common wall between the two units. The approval of the PD-R would establish a zero setback along this common wall. Staff is supportive of the request. There are no exterior modifications to the existing structure proposed with the current application request. Staff does not feel the rezoning of the site to PD-R to establish a zero setback for the common wall of this existing structure will significantly impact the development or the area. July 5, 2007 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2588-A 4 To staff’s knowledge there are no outstanding issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 7 FILE NO.: Z-4451-D NAME: Eagle Pointe Addition Revised Short-form PD-R LOCATION: Located at 1219 Eagle Pointe Drive DEVELOPER: Peter Gureshy 1219 Eagle Pointe Drive Little Rock, AR 72211 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.19 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Single-family PROPOSED ZONING: Revised PD-R (Lot 19 Eagle Pointe Addition) PROPOSED USE: Add gazebo within the rear yard area outside the previously established buildable area. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On April 18, 1995, the Board of Directors adopted Ordinance #16,872 establishing Hunters Green PD-R. The approved development included 50 single-family lots and a large common area. Also included in the development was a six foot high brick fence, built around the perimeter of the property. On June 2, 1998, the Board of Directors approved Ordinance No. 17,736 to allow the revision of the PD-R for the six-foot brick wall behind Lots 9, 10 and 11 (located in the northeast portion of the development) to be increased to nine feet. July 5, 2007 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4451-D 2 On June 25, 2005, the Board of Directors adopted Ordinance No. 19,335 to allow a revision to the PD-R to allow for the construction of a sunroom with a solid faced wall within the previously proposed building setback for the home located at 79 Hunters Green Circle. A. PROPOSAL/REQUEST: The applicant is seeking a revision to a previously approved Planned Residential Development (PRD) to allow the construction of a gazebo adjacent to a 12-foot by 40-foot deck within the rear yard area of this existing home. The gazebo has been constructed and is currently under enforcement. The previously approved site plan included a buildable area and the gazebo has been constructed outside this established area. B. EXISTING CONDITIONS: The site is located at the entrance to the Eagle Pointe Subdivision. There is a six-foot brick fence located along the street side property lines of the residence. The subdivision is built-out with single-family homes of similar size and lot coverage. The gazebo has been constructed in the rear yard area. The structure was added to an existing deck and is approximately a 10-foot by 10-foot structure. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls in support and a few calls in opposition of the request from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the Eagle Pointe Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. July 5, 2007 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4451-D 3 Central Arkansas Water: No objection. Fire Department: Fire hydrants maybe required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Multi Family for this property. The applicant has applied for a revision to a previously approved Planned Residential Zoning District to allow the construction of a gazebo. The request does not require a change to the Land Use Plan. Master Street Plan: Eagle Point Drive is shown as a Local Street on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Residential Development goal states, “Encourage vigorous enforcement of landscaping ordinance.” The Plan does not address gazebo additions. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no technical issues associated with the request raised at the June 14, 2007, Subdivision Committee meeting in need of addressing. The applicant July 5, 2007 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4451-D 4 is seeking approval of a revision to a previously approved PD-R to allow an existing gazebo to remain on the site and to allow the rear buildable area to be adjusted around the gazebo. The previously approved PD-R established buildable areas for each of the proposed lots. The gazebo has been constructed outside this buildable area. The gazebo is a 10-foot by 10-foot structure connecting to an existing deck located in the rear yard area adjacent to Napa Valley Road. Staff is supportive of the request. Staff does not feel amending the PD-R to allow the gazebo structure to remain on this lot will significantly impact the area. The gazebo is located in the rear yard area of this home and adjacent to a 25-foot no vehicular access easement. It is not uncommon for homes to have such amenities in their rear yard areas to be used as additional outdoor living area. To Staff’s knowledge there are no outstanding issues associated with the proposed request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 8 FILE NO.: LU07-19-01 Name: Land Use Plan Amendment - Chenal Planning District Location: The northwest corner of Chenal Parkway and Wellington Hills Drive Request: Mixed Office Commercial to Neighborhood Commercial Source: Frank Riggins, Crafton, Tull, Sparks & Assoc. PROPOSAL / REQUEST: A Land Use Plan amendment in the Chenal Planning District from Mixed Office Commercial to Neighborhood Commercial. Neighborhood Commercial represents services including limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. The applicant has applied for a revision to a previously approved Planned Commercial Development for a new Walgreen’s. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the parcel north and adjacent to the applicant’s property. With these changes, the entirety of the Mixed Office Commercial would be split into Neighborhood Commercial and Office. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is currently zoned Planned Commercial Development, vacant and is approximately eight acres in size. A mini-storage warehouse sits in a Planned Office Development northwest of the amendment area. A vacant tract of land is located in a C-1 Neighborhood Commercial zone north of the amendment area. A radio station is located northeast of the amendment area and is zoned O-1 Quiet Office. The property to the east is zoned C-2 for a car dealership. To the west of the amendment area is zoned R-2 and is the Highland Valley United Methodist Church. South of the amendment area is a Planned Commercial Development for National Home Center. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown as Mixed Office Commercial on the Future Land Use Plan. Public Institutional is shown to the west and Commercial is shown to the south and the east. North is planned for Neighborhood Commercial. 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. July 5, 2007 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU07-19-01 2 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 a shopping center 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 more accurately represent the zoning 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 development of the area using the PZD process. Ordinance 19292 on April 5, 2005 changed multiple areas. An area on Chenonceau 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 to Commercial. South of Cantrell on Chenal was changed from Park/Open Space to Single Family. At Cantrell Road and Highway 300 was changed from Public Institutional, Neighborhood Commercial, and Single Family to Suburban Office. On the south side of Cantrell Road at Highway 300 was changed from Public Institutional to Single Family and Low Density Residential. 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. 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 July 5, 2007 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU07-19-01 3 Hills Road was amended to Multi Family. These changes were made for future multi family developments and to recognize existing zoning. 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: Chenal Parkway is shown as a Principal Arterial with Reduced Design Standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal since it is a Principal Arterial. Wellington Hills is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area. Their primary function is to provide short distance travel within the urbanized area. These streets may require dedication of right-of-way and may require street improvements. BICYCLE PLAN: A Class I bike route is shown on Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. July 5, 2007 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU07-19-01 4 PARKS: According to the Master Parks Plan, this site is located within eight blocks of a park or open space. South of this property is the Rock Creek greenbelt. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial goal states “aggressively use Planned Zoning Districts (PZDs) to influence more neighborhood-friendly and better quality developments.” ANALYSIS: This site has been the subject of two land use plan amendments in the past. In 1989, Commercial was shown on both sides of what was then called Wellington Village Drive with frontage along Chenal Parkway. The applicant wanted a larger amount of Commercial shown on the east side of the intersection to allow for a large commercial development. After a lengthy discussion at that planning commission meeting, the Land Use Plan was amended to Office on the west side of the intersection and a larger section of Commercial on the east side to reflect the zoning changes. Then in December of 1999, a land use plan amendment was filed for the current amendment site to change it from Office to Commercial for a Saturn dealership. After much discussion and many deferrals, a compromise was reached. The future land use plan was amended to Mixed Office Commercial on the west side of the intersection at Wellington Hills Drive and Chenal Parkway to allow for the car dealership. The dealership was never developed and this site remains vacant. The current application is to amend this location from Mixed Office Commercial to Neighborhood Commercial to accommodate a new Walgreen’s development. Staff has expanded this application to include the entirety of Mixed Office Commercial planned for this intersection, so that part of it is Neighborhood Commercial and the northern part would be amended to Office. This would allow for the same mixture of office and commercial uses, but the future land use plan would represent it differently. This area has seen a recent demand for both office and commercial uses. Since 2002, the Planning and Development Department has issued for this area 20 office building permits, 10 commercial building permits, 24 office renovation permits, and 91 July 5, 2007 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU07-19-01 5 commercial renovation or addition permits. The amount of vacant commercial and office land has declined as the area develops. Wellington Hills Drive is a major entryway for a large single-family home neighborhood located north and east of this amendment area. A change to Neighborhood Commercial at this site would be appropriate since Neighborhood Commercial is designed for “limited, small scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area.” NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: St. Charles Community Association, Parkway Place Property Owners Association and The Villages of Wellington. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (JULY 5, 2007) Walter Malone, Planning Staff, reviewed the surrounding use and zoning pattern. Mr. Malone presented some of the past history of this site. The proposed amendment maintains the office and commercial uses but only more clean delineates the location of each. There is a demand in the general are for both. Staff is supportive of the proposed change. Ms. Donna James, Planning Staff, reviewed the related Planned Zoning District (see item 8.1: Z-4470-E for a complete minute record). A motion was made to approve the Plan amendment, by a vote of 7 for, 0 against, 1 recuse, 2 absent and one open position the amendment was approved. July 5, 2007 ITEM NO.: 8.1 FILE NO.: Z-4470-E NAME: Wal-Green’s Revised Long-form PCD LOCATION: Located on the Northwest corner of Chenal Parkway and Wellington Hills Road DEVELOPER: Springfield Holdings 6318 N. MacArthur Blvd. Irving, TX 75039 ENGINEER: Crafton, Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 2.53 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Automobile Sales PROPOSED ZONING: PCD and Wal-Greens PROPOSED USE: C-3, General Commercial District Uses VARIANCES/WAIVERS REQUESTED: 1. A deferral of the required street improvements to Chenal Parkway west of the proposed shared access drive until the development of Lot 3E Chenal Commercial Addition. 2. A deferral of the street light requirements for Lot 3E Chenal Commercial Addition until the development of this lot. BACKGROUND: On November 11, 1999, the Planning Commission reviewed a proposed revision to a preliminary plat for the Chenal Commercial Park Subdivision to add approximately 1.74 acres to Lot 3 and a request to rezone Lot 3 from O-3, General Office District to PD-C to allow an auto dealership. July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 2 The applicant proposed two (2) buildings for the site. A 15,000 square foot office/showroom/service building and 2,500 square foot auto detail building. The applicant noted the buildings would not exceed 28-feet in height. The Planning Commission placed several conditions on the recommendation of approval, which the applicant agreed to comply with should the Board of Directors approve the request. The conditions were no vehicular display within the first 20-feet of the property on the street sides, the service entry doors were to be located on a side of the building other than the Chenal Parkway side, no test drives were to be taken through the Wellington Village neighborhood, there was to be no body shop located at the site and the proposed hours of operation were to be from 8:00 am to 7:00 pm, Monday – Saturday (no Sunday hours). Ordinance No. 18,187 approved by the Board of Directors on January 4, 2000, approved the rezoning for the site to allow Parker Cadillac to construct a Saturn car dealership with the conditions imposed by the Planning Commission. On September 12, 2002, the Little Rock Planning Commission approved a one-year time extension for the approved PCD. That approval has expired. A. PROPOSAL/REQUEST: The applicant is seeking a Planned Commercial Development (PCD) to allow a replat of Lot 3 to create two lots and approval of a site plan for the construction of a retail store on one lot. The property contains 1.65 acres. The proposed use of the property is for a Walgreens’ retail store. The store design will be typical of Walgreens’ prototype, which contains approximately 14,820 square feet. The building will have a drive-up window for pharmacy use. The site plan provides for a total of 60 parking spaces, four (4) of which will be designated for handicap use only. The site will take access from Wellington Hills Road with a 36-foot driveway opposite and existing driveway across Wellington Hills Road at Pinnacle Ford. Another driveway onto Chenal Parkway is proposed and would be shared access with proposed Lot 3R. B. EXISTING CONDITIONS: The site is a wooded site located at the intersection of Wellington Hills Road and Chenal Parkway. To the east of the site is property recently developed as an automobile dealership. South of the site is a Chenal Parkway a four-lane median divided roadway with a building supply store located across the parkway. West of the site is a church and north of the site is vacant O-3, General Office District zoned property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the Villages of Wellington July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 3 Property Owners Association, the St. Charles Community Association and the Parkway Place Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Wellington Hills Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Due to right turn lane and dual left turn lanes, right-of-way will be required to be dedicated to 60 feet from centerline. 2. The site plan shows Wellington Village Road to be along the east property line. The correct street name is Wellington Hills Road. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Chenal Parkway including 5-foot sidewalks with the planned development. The curb, gutter, and sidewalks should be continued to property line. The lane taper will be provided by striping. 4. Per the Master Street Plan a right turn lane should be provided on Wellington Hills Road and dual left turn lanes if not already constructed. 5. The western driveway should be shown as a shared access easement. The landscape buffer should be removed and the access easement fully constructed due to the proposed traffic pattern. 6. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 7. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 8. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering at 379-1813 (Steve Philpott) for more 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. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 4 12. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. 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. 3. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 4. Please submit two copies of the plans for the private fire line, if applicable, to Central Arkansas Water for review. 5. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 6. 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: Fire hydrants maybe required. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development. A land use plan amendment for a change to Neighborhood Commercial is a separate item on this agenda (LU07-19-01). Master Street Plan: Chenal Parkway is shown as a Principal Arterial with Reduced Design Standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal since it is a Principal Arterial. Wellington Hills is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area. Their primary function is to provide short distance travel within the urbanized area. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class I bike route is shown on Chenal Parkway. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial goal states “aggressively use Planned Zoning Districts (PZDs) to influence more neighborhood-friendly and better quality developments.” Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The proposed site plan reflects parking located within the landscape buffer. Please revise. 3. The landscape ordinance requires a small amount of building landscaping. The submitted plan reflects zero. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The proposed plan does not currently reflect this minimum. An July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 6 island must not contain hardscaping to receive credit towards this minimum requirement. 5. An automatic irrigation system to water landscaped areas will be required. 6. A land use buffer will be required next to any residentially zoned abutting properties. Seventy percent of this buffer must remain undisturbed. 7. 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. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were a number of remaining technical issues associated with the request outstanding. Staff stated the previously approved PD-C included an area to the north which was not indicated on the applicant’s site plan. Staff stated a revocation of the previously approved PD-C should be completed and only the area of the current application rezoned to PCD. Staff stated the site was located within the Chenal Parkway Design Overlay District which regulated lighting, signage and overhead utilities. Public Works comments were addressed. Staff stated a dedication and a right turn lane would be required at the time of development for Wellington Hills Road. Staff also stated street improvements to Chenal Parkway should include the entire property frontage. There was a general discussion concerning the proposed access easement located along the property line of the two lots and the need to extend the construction the entire length of the common lot line. The applicant stated they would review this suggestion and get with staff on the owner’s desire. Landscaping comments were addressed. Staff stated the site plan did not include the required building landscaping. Staff also stated the parking lot would require the installation of interior landscape islands and an automatic irrigation system would be required to water the landscaped areas. 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 provided a revised site plan to staff addressing most of the issues raised at the June 14, 2007, Subdivision Committee meeting. The applicant has July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 7 indicated lighting, signage and overhead utilities will comply with the Chenal/Financial Center Design Overlay District. The shared access drive extending from Chenal Parkway has been redesigned to allow for two way traffic flow along the site’s western perimeter. The proposed site plan has addressed staff’s concerns with regard to interior landscaped areas. Four parking spaces have been removed from the site plan, dropping the total number of spaces from 60 to 56. This modification has reduced the vehicular use area to 37,283 square feet and increased the interior landscaping to 2,518 square feet, bringing the interior landscape area to 6.8% of the vehicular use area. The spaces were removed from locations that would help soften the entrance off Wellington Hills Road to the properties to the north and east. Additionally, the island in the right of way of parking along Wellington Hill Road was relocated to help break up the east building elevation. This adjustment also reduced the maximum number of in-line parking spaces on the site to 11. To achieve a portion of the remaining interior landscape area that is required for this site, the applicant is requesting to shift 2/3 of the landscape area for areas of the site that are dedicated to loading and access as described in Chapter 15-105(e) of the City Code. We ask that the concrete loading area and the two-way drive east of the building be considered to be dedicated for loading and access. Considering this entire area would provide a shift of 329 square feet, considering the concrete receiving pad and one drive lane would provide a shift of 233 square feet and considering only the concrete loading pad would provide a shift of 137 square feet. These shifts would respectively increase the vehicular landscaping percentages to 7.6, 7.4, and 7.1%. The site plan allows for a total of 2,192 square feet of additional landscaped area between the parking lot and the required 9-foot landscape strip along the north lot line and a total of 1,843 square feet of additional landscaped area between the parking lot and the required 20 foot landscape buffer along Chenal Parkway. In total, these areas provide an area equivalent to 10.8% of the vehicular use area in landscaping. When combined with the interior landscape areas, the landscape area interior and adjacent to the vehicular use areas totals 6,553 square feet, or 17.6% of the vehicular use area. The shift of 2/3 of the landscape area for the receiving pad and two-way drive would be account for in these areas To account for the remaining percentage of interior landscaping, the applicant will provide 125% of the required shrub counts along the street frontages and will widen the perimeter planting bed. The tree counts will also be increased between the parking lot and adjoining property to the north. The applicant has indicated C-3, General Commercial District uses for the site. According to the revised cover letter, no definite development plans have been proposed for the remaining portion of the site. It is anticipated that the future development will be consistent with General Commercial District uses. Staff is not supportive of the allowance of C-3, General Commercial District uses as July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 8 allowable uses for the site. The applicant has applied for a change to the City’s Future Land Use Plan as a separate item on this agenda (LU07-19-01). The change is to Neighborhood Commercial, which includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. Typically this would be uses as allowed per the C-1, Neighborhood Commercial District. Staff feels the proposed uses for the site should be limited to C-1, Neighborhood Commercial District uses. The applicant has indicated the days and hours of operation for the Wal-greens will be 24 hours per day seven days per week. Two trash compactors are proposed within the development. The hours of service will be limited to daylight hours and the hours have been noted on the site plan. The signage plan has been provided. A ground mounted sign is located at the intersection of the two abutting streets. The total height proposed will not exceed eight feet in height and the total sign area will not exceed 100 square feet as typically allowed per the Chenal/Financial Center Design Overlay District. The applicant is proposing a reader board on the proposed monument sign. The sign is proposed with an electronic reader board. The reader board will comply with Section 36-548 of the Code of Little Rock Ordinances. Staff is supportive of the request. Building signage is proposed along the street sides of the building. The total sign area proposed is within the typical signage allowed in commercial zones or a maximum of ten percent of the total façade area. In addition the signage as proposed has direct street frontage, also a typical requirement of the sign ordinance. The applicant is seeking a deferral of the required street construction to Chenal Parkway west of the proposed drive until the development of proposed Lot 3R Chenal Commercial Subdivision. Staff is not supportive of this request. Staff feels the street construction should be completed along the length of the applicant’s ownership to facilitate traffic flow in the area. In addition the applicant is seeking a deferral of the streetlight requirement for proposed Lot 3R Chenal Commercial Subdivision. Staff also does not support this request. Staff feels the streetlight should be installed with the development of Lot 3. Staff is not supportive of the request. Staff feels the proposed uses requested, C-3, General Commercial District uses, for the future development area are inconsistent with the Land Use Plan amendment filed by the applicant. In addition staff feels the required street improvements and the required streetlights should be installed with the proposed development. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. July 5, 2007 SUBDIVISION ITEM NO.: 8.1 (Cont.) FILE NO.: Z-4470-E 9 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant was no longer requesting a deferral of the streetlights or the street construction along Chenal Parkway. Staff stated the development was proposed utilizing C-1, Neighborhood Commercial Uses and the addition of a restaurant with through service. Staff stated they were supportive of the landscaping as proposed. Reverend Brock Patterson addressed the Commission with concerns. He stated the church was located to the west of the site and his concern was the noise the site would generate. He stated the educational facility was located along the common boundary of the site. Staff stated there was a lot for future development located adjacent to the common lot line of the church. Staff stated in addition there was a piece of property 100-feet wide which appeared to be under a separate ownership. Reverend Brock stated he was aware of the property and the church was working to determine ownership. He stated based on the proposed site plan he did not object to the proposed development. There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 7 ayes, 0 noes, 2 absent, 1 recusal and 1 open position. July 5, 2007 ITEM NO.: 9 FILE NO.: LU07-08-01 Name: Land Use Plan Amendment - Central City Planning District Location: At the southeast corner of 15th and Izard Streets Request: Single Family to Multi Family Source: Tina Boyd, Boyd Homes, Inc. PROPOSAL / REQUEST: Land Use Plan amendment in the Central City Planning District from Single Family to Multi Family. Multi Family represents residential development of ten to thirty six dwelling units per acre. The application is for six single-family residences on an approximately half acre lot, which is a density of 12 units per acre. EXISTING LAND USE AND ZONING: The property is currently mostly vacant with one existing house. The lot is approximately one-half acre and is zoned R-4 Two Family District. The R-4 zoning district continues south, north, and east of the amendment area with single-family residences, two churches, and some vacant lots. West of this site is zoned C-3 and is currently vacant. Northwest of this site is zoned O-3 General Office and has several single family houses on it. One block north of the application area is zoned C-3 General Commercial and is used for a variety of uses: a mini-mart, a duplex, and the Eastern Star PHA. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is currently shown as Single Family on the Future Land Use Plan. Single Family surrounds it to the south and to the east. To the north is a small parcel of Multi Family and to the west is shown as Mixed Use and Multi Family. On January 16, 2007, Ordinance 19,680 was passed to update several areas in the Central City Planning District to reflect zoning and existing land use in five different areas of downtown. On October 4, 2005, Ordinance 19,418 passed to allow a package of amendments to ‘clean up’ and update the Land Use Plan in the Central High area, to more accurately represent the short and mid-term future development patterns in the area. The location of these amendments is near Daisy Gatson Bates Drive and Dr. Martin Luther King Drive. This amendment provided more Single Family, Neighborhood Commercial and Mixed Use in the area. July 5, 2007 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LU07-08-01 2 On March 19, 2002, Ordinance 18,656 passed. This Ordinance amended several areas west this area on West 10th Street. These changes were to allow for more Public Institutional and Multi Family in the Children’s Hospital vicinity. MASTER STREET PLAN: Both Izard and 15th Streets are 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 that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. BICYCLE PLAN: According to the Master Street Plan Bicycle Section, a Class III bike route is planned for both Chester Street and Daisy Bates Drive. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: According to the Master Parks Plan, the site is within eight blocks of a city park or open space. Dunbar Park is located two blocks west of this site. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The application area is included in the Downtown Neighborhood Action Plan. The Community Preservation Goal states: “Double our population from 7,000 to 14,000 in the next 15 years.” Additional housing in this area is one way to bring new residents downtown. ANALYSIS: This application is to amend an area of Single Family on the Future Land Use Plan to Multi Family to accommodate a zoning application for six single-family units on one half- acre site. Even though these will be single-family residences, the density of this proposed development necessitates a land use plan amendment to Multi Family. This site is in an area of transition between the higher intensity uses on Daisy Bates Drive and Chester Street and the single-family uses to the south. This site is currently vacant July 5, 2007 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LU07-08-01 3 with one house to be removed. It is situated on a block that has been developed as single-family residences for many years. Single-family houses surround the site to the south and east. These are typically small lot, single-family homes in good repair. There does appear to be a demand for both single family and multi family housing in this area. Since January 2007, there have been 13 multifamily permits issued for the Central City Planning District. While only one was for a building permit, 12 were for renovations to existing units. The building permit was for a duplex on Louisiana Street, which added two new units to the area. Also since January 2007 there have been 30 building permits issued for single-family units and 17 permits issued for single-family demolitions. A survey is now being taken in this area to determine whether or not a new historic district should be formed for the Dunbar area. This shows a definite interest in this part of the city. There is a large section of vacant land shown as Multi Family just west of the application area, but this land is owned by Philander Smith College. The college plans on working with the Housing Authority to develop this site for student, faculty and general housing, but no plans have been submitted to date. The Downtown Neighborhood Action Plan has called for a need to encourage new housing and new residents for the area with the ultimate goal being to “double our population from 7,000 to 14,000 in the next 15 years.” The plan also supports dense residential developments and the development of vacant lots. A change to Low Density Residential would accommodate denser single-family developments in this area. While staff does not believe Multi Family would be appropriate for this area, Low Density Residential density would be more suitable considering the proximity to other single- family residences. A change to Low Density Residential would still allow for single- family uses, but it would also create new opportunities for less conventional types of housing options. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Downtown. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff cannot support Multifamily in this location. However, the surrounding use and zoning pattern together with the design of the proposed Planned Residential District, a change to Low Density Residential is appropriate. PLANNING COMMISSION ACTION: (JULY 5, 2007) Walter Malone, Planning Staff, reviewed the surrounding use and zoning pattern. There have been only a few residential units in the general area. Mr. Malone reviewed the site July 5, 2007 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: LU07-08-01 4 to west and its potential uses. This site makes a good transition from the more intense uses (and proposed uses) to the north and west, which it will face to the less intense single-family uses to the east and south. Staff is supportive of an ‘infill’ development which maybe somewhat more dense than the traditional single-family. However with the use pattern to the east and south something less than Multifamily would be appropriate. Staff supports a change in the Plan for this area to Low Density Residential. Ms. Donna James, Planning Staff, reviewed the related Planned Zoning District (see item 9.1: Z-4607-A for a complete minute record). A motion was made to approve the Plan amendment, by a vote of 3 for, 6 against, 1 absent and one position the amendment failed. July 5, 2007 ITEM NO.: 9.1 FILE NO.: Z-4607-A NAME: Boyd Homes Short-form PD-R LOCATION: Located on the Southeast corner of West 15th and Izard Streets DEVELOPER: Tina Boyd Boyd Homes, Inc. 617 Cumberland Street Little Rock, AR 72202 SURVEYOR: Ollen Dee Wilson P.O. Box 604 North Little Rock, AR 72115-0604 AREA: 0.39 acres NUMBER OF LOTS: 6 FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two Family District ALLOWED USES: Single-family and Two Family Residences PROPOSED ZONING: PD-R PROPOSED USE: Single-family and Apartment/Office/Garage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: An application to rezone this site to C-1, Neighborhood Commercial District was denied by the Planning Commission at their March 25, 1986, public hearing. The action was not appealed to the Board of Directors. A. PROPOSAL/REQUEST: The proposal is to allow five single-family homes and one apartment/office/garage constructed on six proposed lots. The existing lot is 100-feet by 150-feet. The area is proposed for subdivision into five (5) 30-feet by 100-feet lots and one (1) 40-foot by 50-foot lot. Five homes are proposed along Izard Street and one apartment/office/garage is proposed on a 40-foot by 50-foot July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 2 lot located adjacent to an existing alley. Each of the homes will have a two car garage and the loft/office will have parking for three cars as well as parking located off the existing alley. A six (6) foot wood fence is proposed along the eastern and southern perimeters of the site. A four foot picket fence is proposed along the street sides in the front yard areas. The homes are proposed with 1,500 square feet of heated and cooled space. The units are 20-feet wide and 62-feet in length. A two car attached garage is proposed for each unit. A side yard setback of 4-feet is proposed on the south side of each house and a 13-foot front yard setback. The rear yard setback is indicated at 25-feet and the side yard setback along the northern property line is proposed at 5-feet. The site plan indicates the apartment/office/3-car garage containing 800 square feet of heated and cooled space. The unit is proposed with one or two bedrooms, one bath, a kitchen and laundry facilities. The applicant has indicated the developers will maintain ownership of this structure and the potential uses include a small office for one to five employees of Boyd Homes, Inc. The applicant has indicated the intent is to provide desk space for future employees. General office duties such as accounts payable, billing, payroll, planning and product selection will be conducted on the site. Construction, manufacturing, sales and client meetings will not be conducted in the office space or garage area. Five dedicated off-street parking spaces have been indicated on the site plan. Each of the five homes has a minimum usable private open space area of at least 760 square feet. The apartment/office/garage has 400 square feet of usable private open space. The site plan indicates 3,750 square feet of common opens space in a 25-foot by 150-foot access/utility easement. Parking is not permitted within this space, however it is paved and is used as the driveway for all six buildings. Access to the homes and apartment/office/garage will be from a curb-cut on 15th Street and an access/utility easement. The driveway and parking area behind each garage will be designated as access and utility easements. A six foot fence will be placed between each house along with the entire access and utility easement except for the 15th Street entrance. Three sides of the apartment/office/garage will be fenced with six foot privacy fencing. The purpose of the fencing is to provide privacy, a sense of community, prevent walk-through traffic and prevent residents of the new development from parking in the alley. Construction materials proposed are brick foundation, alcoa or equivalent siding – 5” smooth lap, aluminum soffit/fascia, vinyl windows, wood or stain-grade fiberglass front door, fiberglass doors on side and back and architectural shingles. B. EXISTING CONDITIONS: There is a vacant duplex structure located on the site. To the east and south of the site are single-family homes. There are a number of uses in the area July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 3 including Philander Smith College, Little Rock Public Schools, a branch of the Central Arkansas Library, a church, one and two family residences, office and commercial uses. The property to the west of the site is currently vacant. The area was formerly an apartment complex. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the Downtown Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of West 15th Street and South Izard Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Pave the alley adjacent to the property providing at least 20 feet of asphalt. 4. Show proposed curb cut and curb radius on a revised plan to be used for access to residences. All driveways shall be concrete aprons per City Ordinance. The driveway must be designed for handicap access. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: A sewer main extension is required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. 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. July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 4 Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Building Code: If the building to be constructed is between 0 and 4 feet from the property line, that portion of the structure is required to be of one-hour fire resistance construction. Openings in that wall are restricted to varying degrees however, no openings are allowed in walls closer than 3 feet from the property line. An exception is that if there is a dedicated, platted, side yard building line which effectively serves as the permanent separation distance [for adjacent properties as well], which can not be amended or moved, the development must comply with the provisions of R104.11, 2006 IRC. Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Residential Development to allow the creation of six single-family lots on a site formerly platted as two single family lots. A land use plan amendment for a change to Multi Family is a separate item on this agenda (LU07-08-01). Master Street Plan: Both Izard and 15th Streets are 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”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: According to the Master Street Plan Bicycle Section, a Class III bike route is planned for both Chester Street and Daisy Bates Drive. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The application area is included in the Downtown Neighborhood Action Plan. The Community Preservation Goal states: “Double our population from 7,000 to 14,000 in the next 15 years.” Additional housing in this area is one way to bring new residents downtown. July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 5 Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a six foot, nine inch land use buffer next to residentially zoned property. Seventy percent (70 %) of this area to remain undisturbed. Both the grading plan and the landscaping plan will require this area be delineated as “trees in this area to remain undisturbed”. 3. Any property zoned residential around this site will require a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, between this property and the residential area(s). 4. Street trees are required to be planted every thirty (30) linear foot along any/all streets. 5. 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. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. 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 concerns raised during the initial review process. The applicant has indicated no dumpster will be located on the site, provided a building elevation for the proposed structure and indicated the total height for the proposed structures in the general notes section of the site plan. The applicant has indicated a screening fence will be placed along the southern and eastern perimeters of the site. In addition a four foot fence will be placed along the street sides of the development. The units are proposed as two story units with a maximum building height of 35-feet. Although the site is not located within either the Central City Redevelopment Corridor Design Overlay District (CCRC) or the Capitol Zoning District the site is located very near each of these Districts. The applicant has indicated construction materials similar to the requirements of both these Districts containing wood, brick or a material that resembles wood. The CCRC requires buildings to be oriented consistent with that of other structures on the developed July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 6 block face. A large portion of this area is vacant and there is not a true pattern to the developed block face in this area. The site plan indicates the placement of five single-family lots and one apartment/office/garage on the site. The single-family lots are proposed as 30-foot by 100-foot lots with a total lot area of 3,000 square feet. The apartment/office/garage is indicated on a 40-foot by 50-foot lot adjacent to an existing substandard alley. The homes are proposed with a 13-foot front yard setback, 4-foot side yard setback on the north and a 5-foot side yard setback on the south sides of the structure and a 25-foot rear yard setback. The entirety of the rear yard setback is located with a 15-foot access easement with an additional 10-foot access and utility easement. To allow for adequate maneuvering within the rear yard area, the majority of this area will be paved. The homes are proposed as 20-feet wide and 60-feet long. The heated and cooled space proposed is 1,496 square feet with a 400 square foot two car garage and 2,080 square feet under roof. The main floor contains the living area with a ½ bath and the second floor contains three bedrooms and two baths. Staff is supportive of the development of the five single-family homes as proposed. Staff is not supportive of allowing the apartment/office garage to locate on the site. Staff does not feel this is an appropriate location for an office serving one to five employees. In addition, staff feels with the placement of the office/apartment/garage structure on the site, it appears to be over-building the site. Staff feels this 50-foot by 40-foot area would be better used as a common open space for the residents since each of the homes is limited in open space. The Downtown Neighborhood Action plan states a goal to double the population within the area in the next ten to fifteen years. The construction of new homes is a way to encourage the desired growth in the area. In addition this is an area under redevelopment and in staff’s opinion diversity in housing types enhances the area and also encourages growth in an area. As stated staff feels the development of five homes on this site is an appropriate development for the site. Staff is not supportive of allow the apartment/office/garage. I. STAFF RECOMMENDATIONS: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Tina Boyd addressed the Commission on the merits of the request. She stated her desire was to include the development of the site as proposed to allow the development to be profitable. She stated her desire was to provide a property owners association to July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 7 maintain the yard areas for the units. She stated without the sixth unit this was not possible. She stated she would provide the Commission with the numbers that indicated the funds necessary to provide the maintenance of landscaped areas. She provided the Commission with photos of the units she had built in the downtown area and the existing condition of the site. She stated her desire was to construct a quality home in the downtown area, which did not include a large yard area to maintain and the homes would be energy efficient. Mr. Gerald Turner had to leave but Chairman Stebbins read his comments into the record. Mr. Turner stated he supported the current Boyd Home development. He stated Boyd homes had become a staple to the downtown community through their development of both market and affordable homes. He stated essential to the continued momentum downtown, dense development will allow for the development of homes that provide needed in-fill development. Allowing the development provides a development incentive, which is essential to encouraging development in transitional neighborhoods. Ms. Barbara Smith addressed the Commission in opposition. She stated her home was located at 1515 Izard Street just south of the proposed development. She stated the neighbors were working to keep the area safe and did not desire low-income housing in the area. She stated the police department had worked with the neighborhood to clean up the area. She stated the previous owner and the present owner did not mow the site routinely. She stated she did not oppose development in the area. She stated she did oppose the development as proposed. Ms. Boyd stated the homes would not be low-income housing. She stated the homes would be marketed between $175,000 and $200,000. She stated each lot would contain a single home. She stated the development was not multi-family. There was a general discussion by the Commission as to the current uses as allowed. Staff stated presently the site was two lots and the site was zoned R-4, Two Family, which would allow for four units. The Commission questioned Ms. Boyd if she was willing to limit the number of units to five. Ms. Boyd stated she needed the sixth unit to make the project feasible. She stated the development was not multi-family but was single-family. The Commission stated based on the number of units per acre the development density was multi-family. Staff stated the sixth unit pushed the development over the threshold for low density residential. There was a general discussion concerning the office portion of the request. Staff stated this was an either or situation. The unit would be an apartment or an office for up to five employees. Ms. Boyd stated she was willing to limit the use of the office to Boyd Homes only and not allow any other office user to locate on the site. The Commission July 5, 2007 SUBDIVISION ITEM NO.: 9.1 (Cont.) FILE NO.: Z-4607-A 8 questioned staff if the limit was a part of the application. Staff stated the limit was a part of the applicant’s proposal. Staff requested clarification on a statement made by the applicant concerning front porches. Ms. Boyd stated the front porches would be included in the indicated building envelope. There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 6 ayes, 3 noes, 1 absent and 1 open position. July 5, 2007 ITEM NO.: 10 FILE NO.: Z-6199-D NAME: Target Revised Long-form PCD LOCATION: Located at 12700 Chenal Parkway DEVELOPER: Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 ENGINEER: CEI Engineers 3317 SW “I” Street Bentonville, AR 72712 AREA: 13.21 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Target Store PROPOSED ZONING: Revised PCD PROPOSED USE: Floor area expansion to allow Sales, Warehousing and Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 21, 1996, the Planning Commission approved the Grey Rock (Target) – Long-form PD-C with a vote of 9 ayes, 0 noes and 2 absent. On December 3, 1996, the Little Rock Board of Directors approved Ordinance No. 17,332 establishing Grey Rock Long-form PD-C. The site plan included a 123,000 square foot Target Store building and 614 parking spaces. The site plan included a single access point from Chenal Parkway with a second drive to Chenal Parkway to be shared with the Home Depot property immediately east. July 5, 2007 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6199-D 2 Ordinance No. 18,040 adopted by the Little Rock Board of Directors on June 15, 1999, allowed a revision to the previously approved site plan. The approval allowed an area to be used for a temporary garden center display area. The applicant proposed to utilize a 21-foot by 42-foot metal frame greenhouse structure with doors at both ends. Approximately 16 parking spaces would be used for display of potted shrubs and bagged foods. The display area was located at the end of the greenhouse structure. The maximum display time was limited to 120 days per year. This complied with typical ordinance requirement for commercial property. A. PROPOSAL/REQUEST: The applicant is proposing a remodel/expansion of the existing Target store located at 12700 Chenal Parkway. The proposed expansion area will provide an additional 18,339 square feet to the existing building bringing the gross floor area up to approximately 141,314 square feet. The expansion area will be concentrated to the front and right hand (east) side of the store allowing office, stock and sales floor area to better serve Target guests. In addition to the expansion, Target is proposing several upgrades to the exterior façade that will serve to revamp and beautify an already well-established part of the Little Rock area, taking into consideration the Chenal Parkway Urban Corridor District. These upgrades will include new paint, upgraded parking area with landscape islands and a patterned walkway. B. EXISTING CONDITIONS: The site is located in a commercial node with retailing activities located along the Parkway and West Markham Street including fuel services, automobile sales and service, restaurants, a furniture store, home design and clothing. There is a bank located to the south of the site on the southwest corner of Chenal Parkway and West Markham Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the St. Charles Community Association and the Parkway Place Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Install streetlight on Chenal Parkway. Contact Bill Henry at 379-1816 for additional information. July 5, 2007 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6199-D 3 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. The facilities that need to be adjusted and/or relocated must meet the specifications of Central Arkansas Water. That work would be done buy the developer at its expense. A contract with Central Arkansas Water for the relocation is required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development. The request does not require a change to the Land Use Plan. Master Street Plan: Chenal Parkway is shown as a Principal Arterial with Reduced Design Standards. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal since it is a Principal Arterial. Bicycle Plan: A Class I bike route is shown proposed to the north of this property. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. July 5, 2007 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6199-D 4 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial goal promotes development which “meets the needs of Rock Creek Neighborhood residents for shopping, services, and jobs” and “maintains as much as possible of the existing topography, trees and green space.” Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. Any/all landscaping that is dead/diseased/missing will need to be replaced in conjunction with this request. 3. Any/all fencing or dumpster enclosures should be in good repair or be replaced in conjunction with this request. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff stated the request was to allow a small addition to the existing building. Staff questioned if any new paved areas were proposed. The applicant stated no new paving was proposed. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk would require replacement prior to occupancy. Staff also stated streetlights were required on Chenal Parkway. Landscaping comments were addressed. Staff stated any dead, diseased or missing landscaping should be replaced in conjunction with the current application request. Staff also stated dumpster enclosures which were in need of repair should be completed with the current application request. 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 addressing most of the issues raised at the June 14, 2007, Subdivision Committee meeting. The applicant has indicated any broken or damaged curb, gutter or sidewalk will be repaired. The applicant has also indicated any dead, diseased or missing landscaping will be replaced. The site plan indicates dumpster screening will be provided per the typical ordinance requirements. July 5, 2007 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-6199-D 5 Target is proposing a building expansion to be used for retails sales, office space and additional warehouse space. The site plan indicates a total expansion area of 18,339 square feet for a total floor area of 141,314 square feet. The total building coverage including the expansion area is 4.07 percent of the site. The site plan indicates 617 parking spaces are existing and after the expansion a total of 565 parking spaces will be available on the site. The typical minimum parking required for a commercial development would be 471 parking spaces. The indicated parking is more than adequate to meet the typical minimum parking requirement. The site plan indicates the placement of additional signage along the front façade of the building. The existing signage is 181 square feet and a second sign is proposed containing 35 square feet. The front of the building is in excess of 200-feet. The indicated signage is consistent with building signage typically allowed in commercial zones. The applicant has indicated a small area of the parking lot will be maintained for seasonal outdoor display. The request includes the allowance as was previously approved with a maximum time for the outdoor display at 120 days. Staff is supportive of the request. The request includes the expansion of an existing retail business to add additional sales area, office area and warehouse space. The proposed site plan indicates parking and signage as typically allowed per the commercial district of the zoning ordinance. There are no other modifications proposed for the site. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the expansion of this retailer will not have a significant impact on the site or the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 11 FILE NO.: Z-6219-E NAME: Bella Rosa Revised Long-form PCD LOCATION: Located on the Southwest corner of Cantrell Road and Bella Rosa Drive at 16055 Cantrell Road DEVELOPER: Rector Phillips Morse, Inc 1501 N. University Avenue, Suite 800 P.O. Box 7300 Little Rock, AR 72217 AGENT: Wright, Lindsey and Jennings, LLP 200 West Capitol Avenue, Suite 230 Little Rock, AR 72201 ENGINEER: McGetrick Engineers 10 Otter Court, Suite A Little Rock, AR 72210 AREA: 7.5 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Office/Warehouse – Mini-warehouse development PROPOSED ZONING: Revised PCD PROPOSED USE: Same – A revision to the hours of operation VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 21, 1996, the Planning Commission reviewed and denied a request to rezone the site from R-2, Single-family to POD to allow the site to develop with limited office space, conditioned storage and mini-storage. The proposal included the July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6219-E 2 placement of 102,775 square feet of improvements, containing approximately 18,000 square feet of office and office/warehouse space, including an on-site manager’s office and apartment comprising approximately 1,600 square feet. The balance of the project was to be self-storage units. On March 11, 2004, the Little Rock Planning Commission made a recommendation of approval of a request to redevelop this 7.5-acre site located on the southwest corner of Cantrell Road and Bella Rosa Drive as a Planned Commercial Development. The applicant intended to develop the site with a total of 82,800 square feet of office and mini-warehouse buildings. The site was to contain a single building of office containing a total of 29,000 square feet and an office/managers residence for the mini-warehouse development. A second building would contain 28,000 square feet of conditioned storage accessed from interior halls and three buildings of stand-alone mini-warehouse buildings containing a total of 25,800 square feet of space. The total building coverage proposed was 34.3 percent with 27 percent of the site designated as landscaped/green space area. The approved site plan contained 117 parking spaces with 19 spaces proposed for boat and RV storage. The days and hours of operation proposed were from 7 am to 8 pm seven days per week. The mini-warehouse would have 24-hour access. The approval allows O-3 uses and an allowance for ten percent of the gross floor area as O-3 accessory uses with the 29,000 square foot office building. The Little Rock Board of Directors adopted Ordinance No. 19,072 on April 6, 2004, establishing the Bella Rosa Long-form PCD as presented to the Little Rock Planning Commission. The Little Rock Planning Commission denied a request to revise the previously approved Planned Commercial Development at their January 20, 2005, public hearing. The request was to amend the previously approved PCD to add office/showroom/warehouse as allowable activities for the site (currently allowable in O-3 with a Conditional Use Permit). The request was not appealed to the Board of Directors. On January 5, 2006, the Little Rock Planning Commission recommended denial of a request to revise the previously approved PCD to allow additional uses to occupy the site. The proposal included the allowance of up to 60% of the 29,000 square foot office building to be utilized as office, showroom and warehouse space and to allow a health studio or spa use. This recommendation was appealed to the Board of Directors but was withdrawn by the applicant prior to the April 18, 2006, public hearing. On May 11, 2006, the Little Rock Planning Commission approved a request to extend the hours of operation for the restaurant portion of the site closing at 11:00 pm Monday through Thursday, Midnight on Friday and Saturday and 10:00 pm on Sunday. The hours of operation for the mini-warehouse facility established a closing time of 8:00 pm and any potential office uses in the center would be limited to a 9:00 pm closing time. The Board of Directors denied this request at their June 6, 2007, public hearing. July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6219-E 3 A. PROPOSAL/REQUEST: The applicant is seeking an amendment to the previously approved Planned Commercial Development to modify the current allowable hours of operation for the 10% accessory use in the Bella Rosa Property located at 16055 Cantrell Road. The space is occupied by a restaurant, Jim’s Razorback Pizza and at present the hours of operation area from 7:00 am to 8:00 pm, Sunday through Saturday. The applicant requests modification of the current hours of operation from the 10% accessory use by extending the closing hours to 10:00 pm Sunday through Thursday and until 11:00 pm on Friday and Saturday. The date of the last Board of Directors action on this item was June 6, 2006. The application is being filed for the Planning Commission’s meeting on July 5, 2007, which is more than one year from the date of the last action. B. EXISTING CONDITIONS: The site has developed with an office development and a mini-warehouse facility. A creek runs along the western and southern perimeters. The property to the east of the site (across Bella Rosa Drive) is vacant. Further to the east is the Seven Acres Business Park zoned POD and developed with a mix of commercial and office uses. To the southeast are single-family homes adjoining the northern bank of the creek. To the south of the site (across the creek) a single-family subdivision is currently under construction and further south are single-family homes fronting Bella Rosa Drive. To the west of the proposed site (west of the creek) are also vacant lands fronting Cantrell Road. North of the site are single-family homes on acreage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All property owners located within 200-feet of the site, all residents who could be identified located within 300-feet of the site along with the Westchester and Johnson Ranch Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6219-E 4 Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: No comment. Fire Department: No comment. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a revision to a Planned Commercial Development to revise hours of operation. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Bella Rosas Drive is shown as a Local Street. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of-way and may require street improvements. 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. There was no further July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6219-E 5 discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding issues associated with the request remaining from the June 14, 2007, Subdivision Committee meeting. The applicant is proposing to amend the previously approved PCD to allow a modification in the hours of operation only. The sole purpose of the application is to revise the PCD to specify that the hours of operation for the 10 percent accessory use. The proposed hours would allow the existing restaurant use to operate from 7 am to 10 pm Sunday through Thursday and from 7 am to 11 pm on Friday and Saturday. The modification to the hours would apply only to the 10 percent accessory use and the remaining uses within the development, excluding the mini-warehouse portion of the development, will continue with a closing time of 8 pm. The mini-warehouse portion will remain with 24-hour access as was previously approved. Staff previously supported an extension of the hours of operation as did the Planning Commission. The Board of Directors, as the final decision makers, denied this request. Within the area, nothing has changed from one year ago. Staff believes, based on past history of this site and the Board of Directors denying a similar request in June of last year, they cannot support allowing the extension of the hours as proposed. By the Board of Directors’ action they have indicated they do not feel this is an appropriate location for a development which operates within the hours as proposed. The building was approved for O-3, General Office District uses. Staff feels the hours of operation of the office building should be in keeping with an office development and be limited to the previously approved hours. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors and registered supporters present. Staff presented the item with a recommendation of denial. Mr. Bill Spivey addressed the Commission on the merits of the request. He stated the owners of the Bella Rosa Commerce Center were requesting a modest change to the approved hours of operation. He stated the restaurant had established a presence in the neighborhood as a family friendly restaurant. He stated the 8 pm closing had created a hardship on the business but the owners were adhering to the approved July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6219-E 6 hours. He stated the request was to extend the hours beyond the current 8 pm closing for the 10 percent accessory use only. He stated the Commission had reviewed several requests for revisions to the approved PCD a number of which involved a change in use. He stated this was not the case for this application request. He stated the only change was to allow this modest extension for a closing time of 10 pm on week nights and 11 pm on weekends. He stated the goal of the owners was to fill the center. He stated staff had indicated there had been no change along Highway 10 in the previous year. He stated this may be true at this location but a number of changes had taken place along the corridor in the previous 12 months. Mr. Mike Arnold addressed the Commission. He stated he was the owner of Jim’s Razorback Pizza. He stated the business had been grown to a family oriented business. He stated the development was not a sports bar as was previously portrayed. He stated 80 percent of the sales was generated from food and 20 percent was generated from alcohol sales. He stated the hours being requested were similar to other uses along Highway 10. He stated without the extended hours it was difficult to operate a profitable business. He provided the Commission with letter and petitions of support of the restaurant and the requested hours of operation. Mr. Tommy Williams addressed the Commission in support. He stated he lived in the area and enjoyed taking his family to the restaurant. He stated the restaurant catered to children with an area devoted to games for the children. He stated he worked downtown and it was difficult to get home and out to eat before the 8 pm closing. He stated his children enjoyed going for dinner at the pizza place and it was difficult for them to understand when an establishment was closed. Mr. Robert Schillinger addressed the Commission in support. He stated his family enjoyed going for pie at this family restaurant. He stated the business was not a bar but was a family oriented business. He stated he also worked downtown and it was a chore to get home and back out to eat before the 8 pm closing. Mr. Phil Kaplan addressed the Commission in opposition. He stated he was representing Gene Pfeifer as well as himself in the opposition. He stated he had presented to the Commission previously his opposition to the request to extend the hours and he was once again. He stated he was not opposed to businesses being open if the business was located in an area zoned for such hours. He stated this development was approved for limited hours and the owners should have investigated the hours prior to locating in the center. He stated the development had not adhered to the approved hours of operation. He stated during the time the development was presenting to the Commission and the Board of Directors for extended hours the restaurant was continuing to operate past the 8 pm closing. He stated only when the Judge ruled the City did have the power to impose limits on the hours of operation did the restaurant begin closing at 8 pm. He stated the development was touted as a sports bar. He stated on the walls were a number of television sets tuned to sporting events at any given time. He stated given the history the Commission had an obligation to follow July 5, 2007 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6219-E 7 the Board of Directors action of denial and not approve the extension of the hours of operation. Ms. Ruth Bell addressed the Commission in opposition. She questioned if the modification was approved how long would it be before the applicant came back and requested some other minor modification. She stated the development was originally approved with a commercial component which was to compliment the office portion of the development. Mr. Spivey stated conversations were taking place to ensure the development would not be returned to the Commission for a number of years. He stated these negotiations were preliminary and at this point were not a point of discussion for the Commission. He stated the request was a modest revision to the hours of operation. He stated the Planning Commission was the relief and the owners would like to have the Board of Directors revisit the issue of the limited hours. The Commission questioned if the developer was willing to limit the extended hours to this restaurant use. He stated he was not willing to limit the hours to this specific user. He stated the owner was willing to limit the hours for a use other than a restaurant to 10 pm. Mr. Arnold stated he was willing to commit to not coming back to the Commission. He stated his company had grown by opening three facilities in nine months four years ago. He stated his desire was to operate additional restaurants in the City but prior to purchasing or locating he would verify the zoning and ensure the hours were compatible with the business. Commissioner Adcock questioned why he had not relocated. He stated his company had a great deal invested in the property which was not recoupable if he relocated. He stated he felt he was a part of the community and wanted to stay in the area. There was no further discussion of the item. The Chair entertained a motion for approval of the item. The motion carried by a vote of 7 ayes, 1 noes, 2 absent and 1 open position. July 5, 2007 ITEM NO.: 12 FILE NO.: Z-7854-A NAME: EPA Talley Road Rezoning from R-2 to I-1 LOCATION: Located on the East side of Talley Road at Remington Drive DEVELOPER: Environmental Protection Associates 8110 Scott Hamilton Drive, Suite C-1 Little Rock, AR 72209 ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 LANDSCAPE ARCHITECT: Roberts and Williams 1501 North University Avenue Little Rock, AR 72207 AREA: 10.0 acres NUMBER OF LOTS: 6 FT. NEW STREET: 495 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 12 – 65th Street West CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: None requested. SURROUNDING LAND USE AND ZONING North – R-2, Single-family District – Single-family Residences South – I-2, Light Industrial District – Little Rock Wastewater and Central Arkansas Water East – R-2, Single-family District - Vacant July 5, 2007 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7854-A 2 West – O-3, General Office District - Vacant A. PUBLIC WORKS COMMENTS: 1. A 20 foot drainage easement should be dedicated near the northwest property portion of the property for the existing drainage ditch. 2. Due to the proposed use of the property, the Master Street Plans specifies that E.P.A. Cove for the frontage of this property must meet commercial street standards. Dedicate right-of-way of 60 feet. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Talley Road and E.P.A. Cove. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a dedicated CATA Bus Route. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site along with the John Barrow and the Stagecoach Dodd Neighborhood Associations were notified of the Public Hearing. D. LAND USE ELEMENT: Planning Division: This request is located in the 65th Street West Planning District. The Land Use Plan shows Light Industrial for this property. The applicant has applied for rezoning and site plan review. The request does not require a change to the Land Use Plan. Master Street Plan: Talley Road and Remington Drive are shown as Local Streets on the Master Street Plan. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. July 5, 2007 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7854-A 3 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Westwood Pecan Lake Stagecoach David O. Dodd Neighborhood Action Plan. The Zoning and Land Use goal states: “Maintain and encourage single-family and low-density residential developments in the residential area of the neighborhood, while encouraging responsible non-residential development in the area currently reserved for such uses on the Future Land Use Plan.” E. STAFF ANALYSIS: Environmental Protection Associates (EPA) owns approximately 10 acres located on Talley Road near the Remington Drive intersection. The property is currently zoned R-2 and EPA is requesting to rezone the property to I-1, Industrial Park District. As a separate item on this agenda the applicant is seeking preliminary plat approval to allow the creation of six lots. The rezoning is proposed to allow industrial development sites for future development. The site contains a number of residential homes and associated out-buildings and shops. Along the southern boundary of the site is Little Rock Wastewater and Central Arkansas Water facilities. To the east of the site is a vacant tract accessed from South Shackleford Road. To the west of the site, across Talley Road, is property zoned O-3, General Office District and is developing as an office park. North of the site is R-2, Single-family zoned and used property. Talley Road along the eastern boundary has been constructed to Master Street Plan standard including curb, gutter and sidewalk. The City’s Future Land Use Plan designates this property as “Light Industrial”. A Land Use Plan Amendment is not necessary for the rezoning of the site. Staff is supportive of the proposed rezoning request. The property proposed for rezoning is located within an area identified for industrial development on the City’s Future Land Use Plan. The I-1, Industrial Park zoning district requires site plan review prior to development which will allow staff and the Commission opportunity to review proposed developments to ensure compliance with the typical ordinances standards with regard to building setback, landscaping and parking requirements. Staff feels the proposed rezoning of the property is appropriate and should have no adverse impact on the surrounding properties and the general area. F. STAFF RECOMMENDATIONS: Staff recommends approval of the requested I-1 rezoning. July 5, 2007 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7854-A 4 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested I-1 rezoning. 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 13 FILE NO.: LU07-15-01 Name: Land Use Plan Amendment - Geyer Springs West Planning District Location: 8911 Interstate 30 Request: Multi Family and Park/Open Space to Light Industrial Source: Bill McDaniel, Purvis Industries, Ltd. PROPOSAL / REQUEST: Land Use Plan amendment in the Geyer Springs West Planning District from Multi Family and Park/Open Space to Light Industrial. Light Industrial represents light warehouse, distribution or storage uses in a well-designed, park-like setting. The application is for wholesale bearing and transmission sales. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area to the east of the application site. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The amendment area is vacant and is currently zoned R2 Single Family District and is 15 acres ± in size. This area is bound to the north by Interstate 30 and to the west by University Avenue. To the east of this property is zoned I2 Light Industrial, but it is used for multi-family housing. To the south of this site is the Cloverdale Subdivision, which is zoned R-2 Single Family and PR Park and Recreation for the Ottenheimer Park. To the west of University and to the north of I-30 is more I2 Light Industrial, which provides light warehouse and storage uses. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The application site is currently planned for Multi Family and Park/Open Space. Immediately south of this property is Single Family. To the east of the site is Commercial. To the north of the property and Interstate 30 is Industrial. Industrial can also be found west of the property and University Avenue. May 16, 2006, Ordinance 19532 amended the Land Use Plan about a half-mile east of this site. It was amended to Public Institutional from Commercial as part of a large- scale revision of the 65th Street East District to recognize an existing condition. July 5, 2007 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LU07-15-01 2 August 1, 2000, Ordinance 18326 amended the Land Use Plan to the northeast of the application site to from Low Density Residential to Multi Family and from Neighborhood Commercial to Mixed Use to more accurately reflect existing and likely future uses. MASTER STREET PLAN: South University Avenue is shown as Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University Ave. since it is a Principal Arterial. BICYCLE PLAN: A Class I route is shown just east of Interstate 30. It is a proposed route, and it would be built separate from the road. PARKS: According to the Master Parks Plan, this location is within eight blocks (and less than one mile) from Ottenheimer Park in Cloverdale Subdivision. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant’s property lies in the area covered by the Cloverdale Watson Neighborhood Action Plan. The land use and zoning goal states: “Support Land Use and Zoning changes that will improve the community with minimum negative impacts” and “protest any plans for new businesses located in the center of residential areas.” ANALYSIS: The amendment area is located at the southeast corner of University Avenue and the Frontage Road at Interstate 30. It is currently shown as Multi Family on the Future Land Use Plan and has been shown as this category for more than 17 years. There has never been a development on this site, but the surrounding area has become more industrialized over the years. To the west of the amendment area is planned for Industrial and is almost completely developed by J.A. Riggs. North of the amendment area is also planned for Industrial and has been developed for many years. The amount of industrial land in this area has become limited. With demand close to the July 5, 2007 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: LU07-15-01 3 supply for industrial land, increases in supply may be reasonable. Likewise, there has not been a permit issued in this census tract in the past five years for a new multi family building. Since 2000, there have been nine permits issued by the city for industrial additions and renovations. There have also been two building permits issued in this area for Eastern Vending and Arkansas Electric Coop. This demonstrates some demand for industrial with a lack of demand for new multi family housing. This area has been undeveloped for many years. Most of the surrounding area is developed. While the massing and use of this application is significantly different to that of the neighborhood single family, a large buffer of open space is proposed. Any development of this site will be oriented to the freeway and away from the neighborhood to the south. Traffic impacts will not be to the neighborhoods to the south. With the open space buffer and review of the design using the Planned Zoning District process, the City can further minimize any negatives from the noise, light, or massing of the more intense use proposed. It should be noted that some of these negative impacts would be possible with the current proposed use of Multifamily and that is in part why an open space area is currently shown on the plan. The application area includes a strip of Park/Open Space that has been shown as a buffer on the Future Land Use Plan between the existing Multi Family and Single Family to the south. Staff recommends leaving the Park/Open Space on the Future Land Use Plan to ensure appropriate buffering for the existing Cloverdale neighborhood. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Cloverdale Neighborhood Association, South West Little Rock United for Progress and Wakefield Neighborhood Association. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change to Light Industrial is appropriate with the Park/Open Space remaining on the Future Land Use Plan as a buffer to the Single Family. PLANNING COMMISSION ACTION: (JULY 5, 2007) The item was placed on the consent agenda for approval. By a vote of 7 for, 0 against, 1 recuse, 2 absent and one open position the consent agenda was approved. July 5, 2007 ITEM NO.: 13.1 FILE NO.: Z-8100-A NAME: Purvis Industries Long-form PID LOCATION: Located on the Southeast corner of I-30 and South University Avenue DEVELOPER: Purvis Industries Ltd. 2323 East Broadway Street North Little Rock, AR 72114 ENGINEER: Laha Engineers, Inc. 6602 Baseline Road, Suite F Little Rock, AR 72218 AREA: 10.8 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PID PROPOSED USE: I-2, Light Industrial Uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Commission was to hear a request to rezone the site from R-2, Single-family to C-4, Open Display District at their September 28, 2006, public hearing. The applicant submitted a request for withdrawal of the item prior to the public hearing. A. PROPOSAL/REQUEST: Purvis Industries plans to construct a 15,000 square foot tilt wall building for a wholesale bearing and power transmission outlet. The building is proposed with a truck well location and a dumpster pad located along the west side of the July 5, 2007 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8100-A 2 building. A single sign location is proposed and building signage is proposed along the I-30 Frontage Road. No pole or billboard signage is proposed. The hours of operation are Monday through Friday, 8 am to 5 pm with minimal individual after hours and night service calls. Currently the company has six employees and one part-time employee. Over the course of the next 10 – 15 years, the company anticipates a maximum employment of 15 persons. It is anticipated there will be minimal customer traffic to the site since the majority of the volume is by phone, fax, e-mail and product delivery by the company to the customer. There are three company vehicles to be housed on the site. B. EXISTING CONDITIONS: The site is tree covered with a large drainage ditch running along the southern property line. To the east of the site is an apartment development and to the north and west of the site is the I-30 Frontage Road. South University Avenue is located further west across a Union Pacific main railroad line. To the south of the site across Cloverdale Ditch is a single-family subdivision and a City Park. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site, the Cloverdale Neighborhood Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. July 5, 2007 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8100-A 3 6. Since portions of the property near the building are located in the floodplain and floodway, the minimum Finish Floor elevation of one (1) foot above the base flood elevation is required to be shown on plat and grading plans with finished floor set at that elevation or higher. 7. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. In addition to the western driveway, the property must share a single driveway access on the eastern property line. The width of driveway must not exceed 36 feet. Contact Bill Henry, Traffic Engineering at 379-1816 for additional information. 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering at 379-1813 (Steve Philpott) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Due to the nature of this facility, 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. 3. A Capital Investment Charge based on the size of the metered connection(s) will apply to this project in addition to normal charges. This fee will apply to all metered connections including any metered connections off the private fire system. July 5, 2007 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8100-A 4 4. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 5. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Multi Family and Park/Open Space for this property. The applicant has applied for a Planned Industrial Development to allow the construction of a single building containing 15,000 square feet and identified an area for future development. A land use plan amendment for a change to Light Industrial is a separate item on this agenda (LU07-15-01). Master Street Plan: South University Avenue is shown as Principal Arterial. This street may require dedication of right-of-way and may require street improvements. 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 South University Avenue since it is a Principal Arterial. Bicycle Plan: A Class I route is shown just east of Interstate 30. It is a proposed route, and it would be built separate from the road. Additional paving and right of way may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Cloverdale Watson Neighborhood Action Plan. The land use and zoning goal states: “Support Land Use and Zoning changes that will improve the community with minimum negative impacts.” And “Protest any plans for new businesses located in the center of residential areas.” July 5, 2007 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8100-A 5 Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The property abuts I-30 and a thirty feet of undisturbed green space is required. Therefore, other than driveway aprons, no hardscaping should occur in this area. 3. The zoning buffer ordinance requires twenty-three foot wide land use buffer along the southern perimeter of the property. Seventy percent of this area must remain undisturbed. 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. A small amount of building landscaping is required. 6. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The proposed plan does not currently reflect this minimum. 7. An automatic irrigation system to water landscaped areas will be required. 8. 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. 9. 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. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were a number of technical issues associated with the request remaining outstanding. Staff requested the applicant provide details of the proposed dumpster screening and questioned if the hours of service would be limited. Staff also requested details of the proposed signage including the total height and area. Staff stated the site plan should include building setback dimensions from all property lines. Public Works comments were addressed. Staff stated the City’s storm water detention ordinance would apply to the proposed development. Staff also stated a grading permit would be required prior to any clearing of the site. Staff stated the indicated drives did not meet the current ordinance requirements and July 5, 2007 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8100-A 6 suggested staff meet with Traffic Engineering to secure the allowable driveway locations. Landscaping comments were addressed. Staff stated adjacent to Interstate 30 a 30-foot landscape buffer was required. Staff also stated screening and buffering would be required along the rear property line. 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 June 14, 2007, Subdivision Committee meeting. The applicant has worked with Traffic Engineering to locate the proposed drives to serve the development. The revised site plan also includes details of the proposed dumpster screening, the hours of service, the total height and area of the proposed signage and building setback dimensions from all property lines. Signage is proposed along the north and western elevations of the building. Signage will be limited to a maximum of ten percent of the total façade area on which the signage is proposed. The building signage is proposed consistent with signage allowed in industrial zones per the current zoning ordinance. A monument sign is proposed at the entrance to the site. The sign is proposed with a maximum height of five feet and a maximum length of 20-feet. The signage is indicated well below signage typically allowed in industrial zones or a maximum of 30-feet in height and 72 square feet in area. The site plan indicates the placement of 26 on-site parking spaces. The proposed use is an office, warehouse with retail sales. The largest area within the building will be used for warehousing spaces with a limited area utilized for office and sales space. Based on the proposed use, staff feels the indicated parking is more than adequate to meet the demand. The site plan indicates a 50-foot building setback and a 30-foot landscape buffer along the southern perimeter of the site. The site plan also includes the placement of evergreen shrubs along the rear of the building to break the massing and provide screening of the building to the adjoining homes. The rear of the building is also proposed with a neutral color to further limit obtrusion into the adjacent neighborhood. The building is proposed as a tilt-wall construction with a maximum of 15,000 square feet of floor area. A depressed truck dock is located along the western façade of the building as well as a drive ramp into the building. The building will be constructed with a finished floor elevation of one foot above the 100 year floodplain. The site plan indicates the placement of a single dumpster on the site. The dumpster will be screened per typical minimum ordinance standards. The dumpster pickup hours have been limited to daylight hours. July 5, 2007 SUBDIVISION ITEM NO.: 13.1 (Cont.) FILE NO.: Z-8100-A 7 The site plan includes a 7.82 acre area for future development. The applicant has indicated possible uses for the 7 acre tract will include similar type businesses such as office, showroom, warehouse businesses. At the time of development, the proposed use will be required to revise the PID to allow for approval of the use and the proposed site plan through the Commission and the Board of Directors. Staff is supportive of the proposed development. Staff feels the developers have done an adequate job addressing the issues raised at the Subdivision Committee meeting and provided adequate buffers and screening to the adjoining residential homes to the south. To staff’s knowledge, there are no outstanding technical issues associated with the request. Staff feels if the site is developed as proposed, the development should have minimal impact on the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 14 FILE NO.: Z-8228 NAME: Simpson Short-form PID LOCATION: Located at 3617 and 3621 Brown Street DEVELOPER: Hurston Simpson 3621 S. Brown Street Little Rock, AR 72204 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.50 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: I-3, Industrial District ALLOWED USES: Industrial District Uses and Non-conforming Single-family PROPOSED ZONING: PID PROPOSED USE: Add storage building/shop and I-3 uses as alternative uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site located at 3621 Brown Street from I-3, Industrial District to PID to allow the construction of a 30-foot by 100-foot shop building for storage and personal use. The applicant has a number of rental properties around the City and the shop building will be used for storing supplies used in making repairs to the rental properties such as paint, lumber and piping. There are no employees of the business. There are no other modifications proposed to the site. The applicant is seeking I-3, Industrial District uses as alternative uses for the site. July 5, 2007 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8228 2 B. EXISTING CONDITIONS: The site is presently zoned I-3, Industrial District and contains a single-family home and a number of storage and outbuildings. A single-family home, owned by the applicant and currently used as a rental unit, is located along Brown Street, in front of the proposed new building. The applicant’s home is located to the north. The area to the south of the site is presently wooded and is located near the “Fourche Creek Bottoms”. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the Love and Goodwill Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plans specifies that Brown Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. Contact Central Arkansas Water if larger and/or additional meter(s) are required. Otherwise, contact Central Arkansas Water to change the existing meter to commercial status. 2. Due to the nature of this facility, 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 July 5, 2007 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8228 3 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. 3. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Install and place fire hydrants per code. Maintain a 20-foot drive to the proposed building. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a rezoning from I-3 Industrial District to Planned Industrial Development. The request does not require a change to the Land Use Plan. Master Street Plan: Brown Street is shown as a Local Street on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Neighborhood Action Plan. The Stephens plan calls for a need to find new uses for vacant industrial buildings. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. July 5, 2007 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8228 4 G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present. Staff presented an overview of the proposed development stating the request was to allow construction of a shop building for personal use in the applicant’s rear yard area. Staff stated the property was zoned I-3, Industrial District and was currently being used as a non-conforming residential use. Staff stated to allow the construction of the shop building a rezoning was required. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no remaining technical issues associated with the request remaining from the June 14, 2007, Subdivision Committee meeting. The applicant is seeking a rezoning from I-3, Industrial District to PID to allow the construction of a shop building located in the rear yard area of the applicant’s home. The request includes I-3, Industrial District uses as allowable alternative uses for the site. The construction proposed is a 30-foot by 100-foot shop building for storage and personal use. The applicant owns a number of rental properties around the City and the shop building is proposed for storing supplies used in making repairs to the rental properties. There are two homes located in the area. The applicant owns both of the homes. Staff is supportive of the request. The site is presently zoned I-3, Industrial District with a non-conforming single-family home on the site. There are no employees of the business and no modifications other than the shop are proposed to the site. The applicant is seeking I-3, Industrial District uses as alternative uses for the site. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the addition of the shop building as proposed will significantly impact the site or the area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. July 5, 2007 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8228 5 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 15 FILE NO.: LU07-11-02 Name: Land Use Plan Amendment - I-430 Planning District Location: Northeast corner of I-430 and 36th St. Request: Park/Open Space to Mixed Office Commercial Source: Michele Horsey PROPOSAL / REQUEST: The request is for a Land Use Plan amendment in the I-430 Planning District from Park/Open Space to Mixed Office Commercial for future development. Mixed Office Commercial represents services with a mixture of office and commercial uses. A Planned Zoning District is required if the use is mixed office and commercial. EXISTING LAND USE AND ZONING: This property is 5.54 acres and is currently vacant. It is zoned R-2 Single Family and is vacant and undeveloped. East and north of this site is also zoned R-2 and is vacant. West of the amendment area is Interstate 430 and further west is a Planned Office Development for the Church at Rock Creek with three remaining single-family residences. South of this site is zoned Open Space and Planned Industrial Development for Westrock Engineered Products. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown as Park/Open Space on the Future Land Use Plan. Park/Open Space is also shown to the south side of 36th Street for the Brodie Creek floodplain. To the north and northeast of the site is planned for Mixed Office Commercial. To the west and northwest, across Interstate 430, is planned for Mixed Use. On July 20, 2004 a change was made to amend the Mixed Use at the north side of 36th Street west of I-430 to Mixed Office Commercial for future development. On November 18, 2003, a change was made from Mixed Office Commercial to Service Trades District along Old Shackleford Road to accommodate proposed development and to recognize existing conditions. On October 21, 2003, a change was made from Office to Commercial in the Colonel Glenn and I-430 area about one mile south of the study area for a proposed development. July 5, 2007 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: LU07-11-02 2 On February 4, 2003, a change was made from Multi Family to Mixed Office Commercial on the southwest corner of I-430 and West 36th Street for a proposed development. On September 19, 2000, a change was made from Mixed Office Commercial and Low Density Residential to Mixed Use on the northeast corner of West 36th Street and Bowman Road for proposed development. MASTER STREET PLAN: West 36th Street is shown as a Minor Arterial on the Master Street Plan. The plan also describes a modified right of way along this portion of 36th Street of 80 feet to accommodate four lanes of traffic and five lanes at major intersections. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on West 36th Street since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: According to the Master Street Plan bicycle section, a Class II bike route is proposed along 36th Street. 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, the amendment area is within eight blocks of a park or open space. The floodway of Brodie Creek is shown as a Potential Greenbelt. It serves as an area that may be used for either recreational uses and/or open space opportunities. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The John Barrow Neighborhood Action Plan covers the property under review. The Business and Commercial Goal states a need “to enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as July 5, 2007 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: LU07-11-02 3 well as retention of existing businesses.” This land use amendment would provide more vacant land available in the neighborhood for Commercial or Office uses. ANALYSIS: The application site has been shown as Park/Open Space on the Future Land Use Plan since before 1989. The applicant has applied for a Planned Commercial Development in conjunction with this land use plan amendment in hopes that this piece of property might be more marketable. This area was originally designated as Park/Open Space on the Future Land Use Plan because the majority of the property lies in the floodplain of the Panther Branch of Brodie Creek. The application area is bound to the north and east by Mixed Office Commercial, to the south by West 36th Street and to the west by Interstate 430. West 36th Street is shown as a Minor Arterial on the Master Street Plan, which would support an office or commercial development at this site. This application area would have most likely been shown on the Future Land Use Plan as Mixed Office Commercial had the majority of the property not been categorized as floodplain. On the west side of I-430 at 36th Street is a small strip of Mixed Office Commercial along the right of way, but Park/Open Space is shown directly south of it to recognize the floodplain. It seems reasonable to amend the portion of this property that is not in the floodway to Mixed Office Commercial. Staff believes that a change to the land use plan would be acceptable at this site, provided that the land shown as floodway according to the FEMA Firm panels remain shown as Park/Open Space on the Future Land Use Plan. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: John Barrow Neighborhood Association. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate as long as the land shown as floodway remains shown as Park/Open Space on the Future Land Use Plan. PLANNING COMMISSION ACTION: (JULY 5, 2007) The item was placed on the consent agenda for approval. By a vote of 8 for, 0 against, 2 absent and one open position the consent agenda was approved. July 5, 2007 ITEM NO.: 15.1 FILE NO.: Z-8229 NAME: Blankenship Long-form PCD LOCATION: Located on the Northeast corner of West 36th Street and I-430 DEVELOPER: Michele Horsey (Agent) 11209 Barrett Road Roland, AR 72135 ENGINEER: Arkansas Surveying Company 15825 Childress Road Bauxite, AR 72011 AREA: 5.54 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD - Conceptual PROPOSED USE: C-3, General Commercial District Uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of this site from R-2, Single-family to PCD to establish uses for future development of the site. The applicant has indicated C-3, General Commercial District uses as allowable uses. A large portion of the site is located within the floodplain and floodway of Brodie Creek. The applicant has indicated at the time of development specific detailed studies will be performed and provided to the City to ensure compliance with all applicable State and Federal Laws with regard to development within floodplain/floodway areas. July 5, 2007 SUBDIVISION ITEM NO.: 15.1 (Cont.) FILE NO.: Z-8229 2 The applicant is seeking an amendment to the City’s Future Land Use Plan as a separate item on this agenda (LU07-11-02). B. EXISTING CONDITIONS: The site is located on the north side of West 36th Street and east of Interstate 430. The site is a wooded site with a tributary of Brodie Creek bisecting the land area owned by the applicant. A large majority of the site is located within the floodway with small portions located along the southwest and northeast which are available for development. Access to the northeast portion would require approval from various regulatory agencies and approval of a Flood Insurance Map Revision. There are homes located in the area along West 36th Street to the east and west of the site. South of the site, accessed from Old Shackleford Road, is an industrial use and east of the site, also accessed from Old Shackleford Road are single-family homes. Fronting Shackleford Road is an office/warehouse development. West of the site, across Interstate 430 is the Church at Rock Creek campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the John Barrow Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 36th Street including 5-foot sidewalks with the planned development. On 36th Street, the back of curb should be placed 29.5 feet from the centerline of the right-of-way. 3. Provide a letter prepared by a registered engineer certifying the sight distance caused by I-430 embankment complies with 2004 AASHTO Green Book standards for the location of the future driveway. 4. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. July 5, 2007 SUBDIVISION ITEM NO.: 15.1 (Cont.) FILE NO.: Z-8229 3 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 7. The minimum Finish Floor elevation of one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 8. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering at 379-1813 (Steve Philpott) for more 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. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 12. 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. 13. The floodway cannot be encroached upon. Any development proposed within the floodway requires the Flood Insurance Rate Maps to be revised. A Conditional Letter of Map Revision is required to be approved by FEMA for the proposed encroachments followed by approval from the City for work to begin in the floodway area. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. July 5, 2007 SUBDIVISION ITEM NO.: 15.1 (Cont.) FILE NO.: Z-8229 4 Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge based on the size of the connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including any metered connections off the private fire system. 3. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. 4. 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: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Park/Open Space for this property. The applicant has applied for a rezoning from R-2 to Planned Commercial Development. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU07-11-02). Master Street Plan: West 36th Street is shown as a Minor Arterial on the Master Street Plan. The plan also describes a modified right of way along this portion of West 36th Street of 80 feet to accommodate four lanes of traffic and five lanes at major intersections. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on West 36th Street since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: According to the Master Street Plan bicycle section, a Class II bike route is proposed along West 36th Street. A Class II bikeway is located on the July 5, 2007 SUBDIVISION ITEM NO.: 15.1 (Cont.) FILE NO.: Z-8229 5 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 John Barrow Neighborhood Action Plan covers the property under review. The Business and Commercial Goal states a need “to enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. This property is located along Interstate 430 and is designated as a scenic corridor. Therefore, thirty foot (30’) of undisturbed green space is required along the western perimeter of this site. This tract appears to be undevelopable. 3. 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. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was not present. Staff presented an overview of the proposed development stating they would contact the applicant to resolve any questions and concerns raised during the preliminary review process. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no remaining technical issues associated with revisions to the site plan in need of addressing raised at the June 14, 2007, Subdivision Committee meeting. The applicant is seeking approval of a conceptual PCD to establish uses for the site and allow the site to be marketed for a higher use than residential. Staff is concerned with allowing a rezoning of the property as proposed. A large portion of the site is encumbered with a regulatory floodway and a large portion of the remaining area is indicated as floodplain. There are only two small portions of the site which are presently developable and only one area is developable without a flood study. In accordance with Section 31-176 of the Little Rock Code of ordinances, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25-foot wide access easement is required adjacent to the floodway boundary. Without future study, July 5, 2007 SUBDIVISION ITEM NO.: 15.1 (Cont.) FILE NO.: Z-8229 6 staff cannot determine the exact location of the floodway and the location of the required easement. Staff typically does not support a rezoning of an area without the proper certification, a Letter of Map Revision as approved by FEMA, that a development does not encroach into the floodway area and any proposed development could be constructed on the property if it were zoned for a future commercial development. A second concern of staff is a sight distance problem caused by the I-430 embankment. The sight distance can only be verified by an engineer who will provide certification for proposed driveway locations to ensure compliance with 2004 AASHTO Green Book standards. Staff has concerns the existing frontage does not allow for adequate sight distance to allow driveway access to the site. According to the applicant the rezoning is being sought to allow the marketing of the property for a higher use other than residential. In addition to the rezoning request, the applicant is seeking approval of a Future Land Use Plan Amendment as a separate item on this agenda (LU07-11-02) to change the plan from Parks/Open Space to Mixed Office Commercial. Staff is supportive of the request to allow the areas located outside the floodway to be designated as Mixed Office Commercial which allows the applicant the ability to market the property for potential non-residential development. Staff feels the proposed Land Use Plan amendment provides the applicant the ability to do so. Staff recommends the rezoning request for a conceptual PCD be withdrawn without prejudice and refiled with the proper site plan and studies related to the floodway and sight distances when a potential development is secured. I. STAFF RECOMMENDATIONS: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 5, 2007, requesting the item be withdrawn from consideration without prejudice. Staff stated the withdrawal request would require a waiver of the Commission’s By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. A motion was made to waive the Commission’s By-laws with regard to the late withdrawal request. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. The chair entertained a motion for placement of the item on the consent agenda for withdrawal. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 16 FILE NO.: Z-8233 NAME: Katillus Cove Short-form PD-R LOCATION: Located on the Southwest corner of Cantrell and Katillus Roads DEVELOPER: Katillus Court LLC 13503 Kanis Road Little Rock, AR 72211 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.9 acres NUMBER OF LOTS: 25 FT. NEW STREET: 730 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential – 25 Lots VARIANCES/WAIVERS REQUESTED: 1. An in-lieu payment for the storm water detention ordinance requirement. A. PROPOSAL/REQUEST: The project is located near the southwest corner of Cantrell Road and South Katillus Road. The property contains approximately 4.9 acres and is being proposed for subdivision into 25 single-family lots. The site plan indicates the placement of a 20-foot front building line for the lots abutting Long-leaf Cove and a five (5) foot side yard setback. The front building line proposed along Katillus Road is 25-feet. All lots are proposed with a 25-foot rear yard setback. July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 2 The lots are proposed with an average size of 50-feet by 115-feet or 5,750 square feet. The development is proposed with an overall density of 5.1 units per acre. The homes are proposed to sell for $125 to $130 a square foot with an average sales price of $230,000 to $299,000. The homes are proposed single level homes. Each of the homes will have 9-foot ceilings, Jacuzzi tubs and separate shower in the master bath, solid surface counter tops, hardwood flooring in the main rooms and other amenities similar to the upscale market of the City. The development will maintain an architectural control committee to ensure house plans proposed are compatible to the homes being constructed in the subdivision. With the completion of each new home a sprinkler system, sod and landscaping will be installed to provide a finished look and feel for the subdivision. B. EXISTING CONDITIONS: The site is located south of Cantrell Road on the west side of Katillus Road. To the east of the site is a newly developing subdivision, Montagne Court. To the south of the site are single-family homes located on large lots accessed from Katillus Court. There is a one acre tract located immediately north of the site containing a single-family home with the remainder of the area to the north fronting Cantrell Road and previously used as a non-conforming commercial business. The site has a number of trees located near Katillus Road and a single-family home located near the rear of the site. Johnson Creek is located to the west of the site with the remainder of the area a large parcel with a single home on the parcel accessed from Drew Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site and the Johnson Ranch Neighborhood Association and the Coalition of West Little Rock Neighborhoods were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct street improvement to the proposed streets with planned development. 2. South Katillus Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 3 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to South Katillus Road with the planned development. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. In lieu payment is not recommended by staff. 6. Hammerheads should be designed to be at least 80 feet in length and the same width as the right-of-way and street. A cul de sac is preferred to be installed. 7. Public Works Collection cannot pick up waste from Lots 10 and 15. Where will waste be collected from these lots? 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Steve Philpott) for more information. 9. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: A sewer main extension is required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge based on the size of the connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including any metered connections off the private fire system. July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 4 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Building Code: If the building to be constructed is between 0 and 4 feet from the property line, that portion of the structure is required to be of one-hour fire resistance construction. Openings in that wall are restricted to varying degrees however, no openings are allowed in walls closer than 3 feet from the property line. An exception is that if there is a dedicated, platted, side yard building line which effectively serves as the permanent separation distance [for adjacent properties as well], which can not be amended or moved, the development must comply with the provisions of R104.11, 2006 IRC. Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a rezoning from R-2 Single Family to Planned Residential Development to allow the creation of 25 single family lots with an average lot size of 50x115 feet. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and Katillus Cove is shown as a Local Street. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. The primary function of a Local Street is to provide access to adjacent properties. These streets may require dedication of right-of- way and may require street improvements. 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 5 Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were a number of technical issues in need of addressing prior to the Commission acting on the request. Staff stated the site plan indicated an area as Tract A and questioned the maintenance of this area. Staff questioned if any fencing was proposed both along the perimeter of the site or within the interior lots. Staff also questioned if accessory structures would be allowed and suggested the applicant include a note on the site plan to include accessory structures per the R-2, Single-family zoning district. Public Works comments were addressed. Staff stated a dedication of right of way along South Katillus Road would be required with the development of the site. Staff also stated a grading permit would be required prior to any tree clearing on the site. Staff stated the City’s storm water detention ordinance would apply to development of the site. Staff also stated the indicated hammer-head should be designed with at least 80 feet in length and the same width as a public street. Staff stated as presently designed the garbage truck could not provide collection service to Lots 10 and 15. 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 June 14, 2007, Subdivision Committee meeting. The applicant has included the indicated Tract within one of the proposed single-family lots and indicated the area as a conservation easement. The applicant has also extended the length of the proposed hammer-head and increased the width of the proposed street. Staff recommends the length of the hammer head be increased an additional 20-feet to the north and 30-feet to the south to allow adequate distance for garbage collection. Fencing is proposed along South Katillus Road as a six foot wood fence with eight foot brick columns. According to the applicant’s revised cover letter fencing will be placed along the rear and interior property lines as each of the homes are constructed. The fencing indicated is typical of fencing allowed in single-family zones per the zoning ordinance. The homes are proposed containing 1,900 to 2,400 square feet. The maximum buildable area is 3,000 square feet with a 20-foot setback adjacent to the street July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 6 sides, a 5-foot side yard setback and 25-foot rear yard setback. The lots are proposed with an average width of 50-feet and an average depth of 115-feet. This allows for an average lot size of 5,750 square feet. The development is proposed with an overall density of 5.1 units per acre. One subdivision identification sign is proposed at the entrance to the subdivision. The signage is proposed consistent with subdivision identification signage typically allowed per the zoning ordinance or a maximum of six feet in height and thirty-two square feet in area. The request includes accessory structures per the R-2, Single-family zoning district. Accessory buildings are allowed if constructed with similar materials as the home. Below ground swimming pools are allowed per the R-2, Single-family zoning district regulation. Gazebos and other architectural elements are permissible if constructed within the established buildable area. The maximum building height proposed is 30-feet at the ridge line of the roof. Construction materials are proposed as brick, stone, and architectural shingles. No vinyl is allowed except on the fascia, soffit and dormers. The request includes an in-lieu contribution for the required storm water detention. Staff is supportive of this request. Staff is supportive of the request. The development is proposed to offer an additional choice of housing in the area which is developing with a multitude of lot sizes and price ranges. In staff’s opinion the lot sizes are adequate to allow for outdoor livability of the residences and serve a desire of potential homeowner which may not desire to maintain a large yard. The development is proposed with 5.1 units per acre, which is consistent with densities allowed per the Single-family designation of the City’s Future Land Use Plan. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant increase the proposed hammer head 20-feet to the north and 30-feet to the south to allow adequate maneuvering room for garbage collection. Staff recommends approval of the requested in-lieu payment for the required storm water detention. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 7 report. Staff also presented a recommendation the applicant increase the proposed hammer-head 20-feet to the north and 30-feet to the south to allow adequate maneuvering room for garbage collection and approval of the requested in-lieu payment for the required storm water detention. Mr. Graham Smith was present representing the request. He stated the development was proposed to offer a different housing choice to the area. He stated he would hear the opposition and try to address their concerns as well as the Commissioner’s concerns. Ms. Judy Carol Smith addressed the Commission on behalf of Lawrence McKellips her father. She stated her father’s home was located along the northern property line of the proposed development. She stated there were a number of questions related to the proposed development, which had not been addressed. She questioned the hours of construction, the placement of fencing, the cutting of timber, if the trees would be burned or hauled away, the location of driveways and drainage. Mr. David Theis and Ms. Nancy Theis addressed the Commission in opposition of the request. They stated their homes was located along the southern property line. Ms. Theis stated their home was 500-feet from Cantrell Road and their desire was a buffer to screen the noise. She stated her first conversation with Mr. Smith indicted all the trees would be cleared. She stated presently the trees shielded the noise from Cantrell Road. She stated there were only two ways out of the neighborhood. She stated Forest Lane was a narrow one lane road which did not allow for two cars to pass. She stated the exit onto Cantrell Road was very dangerous because the traffic was turning against the convenience store located across Cantrell. Mr. Smith stated the trees would be logged and the hardwoods were typically cut for firewood. He stated the tops would be burned but they could be burned on the western portion of the property to limit the intrusion of the adjacent homes. He stated fencing would be placed along the lot lines as each of the homes were constructed. He stated no drives would be located in the rear yard area of the homes. He stated drainage would be addressed by his engineer and the City staff as detailed plans were drawn. He stated fencing would be a six-foot wooden fence. He stated trees helped to sell the homes within the development. He stated as many trees as feasible would be saved but he did not want to promise a number of trees or specific trees would be saved and then not be able to do so. He stated within the development additional trees would be planted. He stated the site plan indicated a conservation easement along the northern perimeter. He stated in this area additional trees would be planted to add additional buffering to the site. There was a general discussion of the Commission concerning the proposed development. Mr. Smith stated he was willing to amend his application to limit the construction on Lot 25 until the last lot for development. He stated he would install a six-foot wood fence along the rear of Lots 20 – 24 at the time of street construction and July 5, 2007 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8233 8 place the finished side to the north. He stated he would also install fencing along the southern perimeter along the Theis property at the time of street construction. He stated the workers would not begin construction before 7 am and the tops would be placed in a pile and burned on the western portion of the property near the southern property line. There was no further discussion of the item. The Chair entertained a motion for approval of the item including the amendments listed in the above paragraph. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. July 5, 2007 ITEM NO.: 17 FILE NO.: Z-8234 NAME: America Best Inns and Suites Short-form PCD LOCATION: Located on Mabelvale Pike at I-30, near 10200 I-30 DEVELOPER: Nykesh Patel 300 Markham Center Drive Little Rock, AR 72205 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: .99 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and C-3, General Commercial District ALLOWED USES: Single-family and General Commercial PROPOSED ZONING: PCD PROPOSED USE: Hotel VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated June 19, 2007, requesting a deferral of this item to the August 16, 2007, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated June 19, 2007, requesting a deferral of the item to the August 16, 2007, public hearing. Staff stated the July 5, 2007 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8234 2 deferral request was to allow the applicant to file a zoning application for this site. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 18 FILE NO.: LU07-16-01 Name: Land Use Plan Amendment - Otter Creek Planning District Location: The northwest corner of Briner Circle and Stagecoach Road Request: Light Industrial to Mixed Use Source: Dreamland Development, LLC, C/o Joe White PROPOSAL / REQUEST: Land Use Plan amendment in the Otter Creek Planning District from Light Industrial to Mixed Use. Mixed Use provides for a mixture of residential, office and commercial uses to occur. The application is proposing a commercial and office center with multi family housing to the north. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area west and east of the application. With these changes, the entirety of the Light Industrial and Neighborhood Commercial would be eliminated. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: Most of the amendment area is currently zoned I-2 Light Industrial and is used for a house, a barn and Southern Tank Cleaning Inc. The northern part of the application area is undeveloped. The west part of the amendment area is currently zoned R-2 Single Family and C-3 General Commercial for a single family home and a liquor store. The eastern portion of the amendment area is zoned C-3 General Commercial for a small business. Further west at the county line is zoned I-2 Light Industrial for Adams Pest Control. South of this area is zoned C-3 General Commercial for a mixture of a restaurant, a liquor store and a retail store. Also south of the amendment area is a large mobile home park zoned R-7 Mobile Home Park District. To the east of the amendment area is zoned Park and Recreation District for Otter Creek Park. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown as Light Industrial and Neighborhood Commercial on the Future Land Use Plan. To the west is Saline County. To the north and east is planned for Park/Open Space for Otter Creek Park and Fourche Creek’s floodplain. To the south is shown as Neighborhood Commercial and Mobile Home Park on the Future Land Use plan. Ordinance 18277 was passed on May 16, 2000. This amendment changed multiple areas in the Otter Creek Planning District including areas along Stagecoach Road July 5, 2007 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LU07-16-01 2 northeast of the current amendment area. The changes were made to recognize Fourche Creek floodway, existing zoning and existing land uses, and to encourage development in the area. MASTER STREET PLAN: Stagecoach Road is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach since it is a Minor Arterial. BICYCLE PLAN: A Class II bike route is shown along Stagecoach Road. 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 located within eight blocks of a city park or open space. Fourche Creek is immediately north of this area and it is recognized as open space on the Parks Plan. Also north of this area is the Otter Creek Park. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant’s property lies in the area covered by the Otter Creek Crystal Valley Neighborhood Action Plan. The Office and Commercial Development goal states, “To promote commercial and office development that meets the needs of area residents for shopping and services, maintains as much of the existing topography, trees, and green space as possible, and enhances the primarily residential character of the community.” ANALYSIS: The application is located on the east side of the Saline/Pulaski County line on the north side of Stagecoach Road. The amendment location is currently shown as Light Industrial and Neighborhood Commercial on the Future Land Use Plan. These land use categories have been in place for many years and the existing uses have not changed July 5, 2007 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: LU07-16-01 3 much over the past few years. The application area has a car wash and a single-family residence on the property currently, and a new commercial and office center is being proposed. The expanded application area has two commercial buildings and a pest control office. The amendment area is surrounded on the north by the Fourche Creek floodplain and Otter Creek Park. Directly south of this application area is planned and zoned for a large mobile home park, which has expanded in recent years. The amendment area is at the northeast corner of a major intersection. Alexander Road is shown as a Principal Arterial on the Master Street Plan and an extension is proposed north of Stagecoach Road west and adjacent to this amendment area. Stagecoach Road is shown as a Minor Arterial on the Master Street Plan. This intersection is not only the intersection of two arterials, but it is also very close to an interstate access ramp. This location is one of the major entryways into the city from Saline County and is very heavily trafficked. All of these factors combined make an ideal situation for a mixed use type development at this location. This part of the city has been growing steadily over the last several years. Since 2002, the City of Little Rock has issued 11 office building permits and 15 commercial building permits in the Otter Creek Planning District. These numbers represent a demand for both office and commercial uses in this part of the city. Also, just since 2006 there have been 112 single-family building permits issued for this area. This influx of new residents will compliment the addition of more office and commercial to the area. The proposed uses for this application would be a mixture of both office and commercial uses. A change to Mixed Use on the Future Land Use Plan would open up opportunities for creative development design and the creation of truly mixed use developments. The Mixed Use category will require a PZD if a zoning change is necessary for future developments, which will ensure a thorough design review of any future developments. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Southwest Little Rock United for Progress and Otter Creek Home Owners Association. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (JULY 5, 2007) The item was placed on the consent agenda for approval. By a vote of 8 for, 0 against, 2 absent and one open position the consent agenda was approved. July 5, 2007 ITEM NO.: 18.1 FILE NO.: Z-8235 NAME: The Village at Westbury Long-form PCD LOCATION: Located on the Northwest corner of Briner Circle and Stagecoach Road DEVELOPER: Dreamland Development, LLC 27 Overlook Circle Little Rock, AR 72207 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 11.54 acres NUMBER OF LOTS: 6 FT. NEW STREET: 1,000 LF CURRENT ZONING: I-2, Light Industrial District ALLOWED USES: Light Industrial PROPOSED ZONING: PCD PROPOSED USE: O-3, General Office District and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow advanced grading of the entire site with the development of the first phase. 2. A variance from the storm water detention ordinance to allow in-lieu payment for storm water detention. A. PROPOSAL/REQUEST: The project is located at the northwest corner of Briner Circle and Stagecoach Road near the County Line. Fourche Creek borders the property to the east and north. The property contains approximately 11.5 acres and is presently zoned I-2 July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 2 Light Industrial District. The developer is proposing to subdivide the property into six (6) lots with a mix of various uses including O-3, General Office District uses and C-3, General Commercial District uses. The developer is requesting a variance from the Land Alteration Ordinance to allow advanced grading of the site. There is debris on the site that will need to be cleaned up and a portion of the site falls in the 100-year floodplain. The developer wishes to fill the entire site at one time. The developer is also requesting an in-lieu contribution for the storm water detention requirement. B. EXISTING CONDITIONS: The site is located adjacent to the Pulaski/Saline County Line on the north side of Stagecoach Road. There are a number of uses in the area including two large manufactured home parks both located to the south of the site, beverage shops and office and commercial uses. To the west of the site is a cemetery with a wooded area behind the cemetery. Contained on the site is a small baseball field and a non-operational self service carwash facility. The area to the north and west of the site is the Fourche Creek. Immediately east of the site is City owned property containing the Otter Creek Park. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site, the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Stagecoach Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Per the Master Street Plan a right turn lane is required to be installed which will require additional right-of-way dedication. 2. Per Little Rock Code, access driveways running parallel to the street shall not create a four-way intersection within 75-feet of the future curb line of the street. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Stagecoach Road including 5-foot sidewalks with the planned development. A right turn lane is required to be installed with at least 150 feet of stacking and 100 foot taper. July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 3 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). Provide quantities of fill to be cut and filled and quantities of fill to be trucked into the site. 6. Since Westburry Boulevard is a commercial street, sidewalks with appropriate handicap ramps are required on both side in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 7. Storm water detention ordinance applies to this property. Staff is still reviewing downstream drainage complaints for acceptance of in-lieu payment for detention. 8. Turn around must be provided for a WB-30 vehicle attempting to enter development. 9. Show development phase lines on revised plan. 10. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 11. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 13. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to Westburry Boulevard including 5-foot sidewalks with the planned development. Provide striping for center turn lane. 14. The Rahling Road extension is proposed to be located along the west property line of the property. This part of the Rahling Road extension is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way is required to 55 feet east of the west property line. 15. A 20 foot radial dedication of right-of-way is required at the future intersection of proposed Rahling Extension and Stagecoach Road. 16. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 17. The minimum Finish Floor elevation of is required to be shown on plat and grading plans. This finished floor elevation should be one (1) foot or more above the base flood elevation and the structures built to those elevations. July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 4 Due to the inaccuracy of the FIRMs, the structures proposed in Zone X should also be constructed to one (1) foot or more above the base flood elevation. 18. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 19. Any proposed alteration of the floodway will require flood map revisions. Obtain conditional approval from Public Works and the Federal Emergency Management Agency prior to start of work. 20. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 21. 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). 22. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering at 379-1813 (Steve Philpott) for more information 23. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: A sewer main extension is required, with easements. Capacity Contribution Fee charge for all multi-family developments is required. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge based on the size of the connection(s) to the main in Stagecoach Road will apply to this project in addition to normal charges. July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 5 3. A water main extension, additional fire hydrants and onsite private fire lines will be required to serve this property. Approval of plans by Central Arkansas Water, Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 4. 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: Maintain a 20-foot minimum access gate. Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Light Industrial for this property. The applicant has applied for a rezoning from I-2 Light Industrial to Planned Industrial District to allow a development including office and commercial uses. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU07-16-01). Master Street Plan: Stagecoach Road is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach since it is a Minor Arterial. Bicycle Plan: A Class II bike route is shown along Stagecoach Road. 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 applicant’s property lies in the area covered by the Otter Creek Crystal Valley Neighborhood Action Plan. The Office and Commercial Development goal states, “To promote commercial and office development that meets the needs of area residents for shopping and services, maintains as much of the existing topography, trees, and green space as possible, and enhances the primarily residential character of the community.” July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 6 Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. The proposed plan does not currently reflect this minimum. These islands should be evenly distributed throughout the site. 3. The zoning buffer ordinance requires a fifty foot (50) wide land use buffer along the northern property line. Seventy percent of this area is to remain undisturbed. 4. The zoning buffer ordinance requires an average forty-two foot (42) wide street buffer along the southern property line. The southern section located next to the residential area must be fifty foot (50) wide. Seventy percent of this area is to remain undisturbed. 5. The zoning buffer ordinance requires a fifty foot (50) wide land use buffer along the western property line. Seventy percent of this area is to remain undisturbed. 6. There will be no land use buffer requirement along the east, due to the dedication of the property to the City of Little Rock Parks and Recreation Department. 7. 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, southern, eastern, and western perimeters of the site. In the locations next to residentially zoned properties. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 8. An automatic irrigation system to water landscaped areas will be required. 9. 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. 10. 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. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were additional items necessary to complete the July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 7 review process. Staff stated the Master Street Plan indicated a principal arterial located along the property’s western boundary. Staff stated the required right of way for the street was 110-feet. Staff questioned the proposed uses for the site. Staff also questioned the proposed signage plan and requested the applicant provide details of the proposed signage including locations, total height and total area. Public Works comments were addressed. Staff stated a grading permit would be required prior to the development of the site. The applicant stated the developers were requesting a variance to allow grading of the entire site with the construction with the first phase of development. Staff questioned the specifics of the fill necessary for development of the site. Staff also stated a right turn lane would be required with at least 150 feet of stacking and a 100 foot taper along Stagecoach Road. Landscaping comments were addressed. Staff stated interior landscaping of parking areas would be required per the zoning ordinance. Staff also stated the zoning buffer ordinance would require landscaping and screening along the northern property line and the southern property line where adjacent to the residentially zoned property. Staff also stated an automatic irrigation system to water landscape areas would be required for each of the proposed lots. 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 June 14, 2007, Subdivision Committee meeting. The applicant has removed the rear portion of the proposed development eliminating the area proposed for multi-family and the area indicated for the principal arterial per the Master Street Plan. The removal of this portion of the proposed development area addresses a number of the Public Works and Landscaping comments. The applicant is seeking approval of a site plan for the development of approximately 11 acres with an office and commercial development. The site plan indicates O-3, General Office District uses and C-3, General Commercial District permitted uses will be utilized within the development. The site is proposed with six lots ranging in size from 0.67 acres to 5.67 acres. The site plan indicates Lot 1 with 2.2 acres and is proposed with C-3, General commercial District uses. The proposed building area is 23,258 square feet with 24.2 percent building coverage and 91 parking spaces. Lot 2 is proposed with 4.27 acres, 30,942 square feet of building area, 16.6 percent building coverage 171 parking spaces and 80 percent of the square footage utilized by C-3, General Commercial District uses and 20 percent of the building with O-3, July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 8 General Office District uses. Lot 3 is proposed for O-3, General Office District uses. The parcel is proposed containing 2.29 acres. The building is proposed with 16,500 square feet for a 16.5 percent building coverage. There are 83 parking spaces proposed for this lot. Lot 4 is proposed containing 0.67 acres and will utilize C-3, General Commercial District uses as allowable uses. The building is proposed with 6,353 square feet for a maximum building coverage of 21.8 percent and 34 parking spaces are proposed. Lot 5 is proposed for C-3, General Commercial District uses. The lot area proposed is 0.72 acres. The maximum building area is 6,353 square feet for a building coverage of 20.3 percent. Lot 6 is proposed with 1.07 acres and a total building coverage of 10,000 square feet. C-3, General Commercial District uses are proposed for the lot. Lot 6 is proposed with 38 parking spaces and a maximum building coverage of 21.5 percent. The site plan indicates the placement of a single ground mounted monument sign on each of the proposed lots. The signage is proposed with a maximum height of six feet and a maximum sign area of 60-feet. A pylon development sign is also proposed at the entrance to the development. The sign is proposed with a maximum height of 25-feet and a maximum width of 12-feet. The sign is proposed as a multi-tenant identification sign. Staff is supportive of the proposed development and the proposed uses of the site. The property is currently zoned I-2, Light Industrial District which could potentially develop with uses which are less conducive to the adjacent residential homes located to the south, across Stagecoach Road. Through the Planned Development process, the site is proposed to develop with a mixture of uses, which will be more compatible and potentially impose a lesser impact on the adjoining homes. The applicant is seeking a variance from the Land Alteration Ordinance to allow advanced grading of the site. The applicant has indicated the desire is to grade the entire area with the development of the first phase of construction. The applicant is also seeking a variance to allow an in-lieu contribution for the storm water detention requirements. A sketch grading and drainage plan was not provided to staff, cut and fill quantities were not provided and finished floor elevations of structures in the floodplain were not provided. Without this information staff cannot properly review the need for advanced grading of the entire site and therefore cannot recommend advanced grading at this location. Although staff is supportive of the rezoning application staff is not supportive of the request for the land alteration variance request or the request for the in-lieu payment for the required storm water detention since the applicant failed to provide staff with sufficient information to complete the review process. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. July 5, 2007 SUBDIVISION ITEM NO.: 18.1 (Cont.) FILE NO.: Z-8235 9 PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had withdrawn the request for advanced grading and has indicated they will work with staff concerning the storm water detention ordinance requirements. Staff stated the applicant had addressed their concerns and 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. 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 9 ayes, 0 noes, 1 absent and 1 vacant position. July 5, 2007 ITEM NO.: 19 FILE NO.: Z-8236 NAME: Akel Short-form PCD LOCATION: Located on the Northeast corner of Colonel Glenn and John Barrow Roads DEVELOPER: Olden Akel 8724 Colonel Glenn Road Little Rock, AR 72204 ENGINEER: Laha Engineering 6620 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.67 acres NUMBER OF LOTS: 3 – 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District and R-4, Two-family District ALLOWED USES: General Commercial and Single-family PROPOSED ZONING: PCD PROPOSED USE: Convenience Store with Gas Pumps VARIANCES/WAIVERS REQUESTED: 1. A waiver of the Master Street Plan requirement for right of way dedication along John Barrow Road and Colonel Glenn Road. 2. A waiver of the Master Street Plan requirement for street improvements to John Barrow Road and Colonel Glenn Road. 3. A waiver of the Landscape Ordinance and Zoning Buffer Ordinance requirements related to the required landscaping along the abutting roadways. July 5, 2007 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8236 2 A. PROPOSAL/REQUEST: The applicant is seeking a rezoning of the site from C-3, General Commercial District and R-4, Two-family District to PCD to allow the construction of a new 50-foot by 100-foot metal building to replace two existing buildings located on the site. The present use of the site is a convenience store with fuel pumps and will remain a convenience store with fuel pumps. Presently Tracts one and three are zoned C-3, General Commercial District and Tract 2 is zoned R-4, Two-family. The existing canopy over the fuel pumps is approximately three feet from the existing right of way of Colonel Glenn Road. Any dedication of additional right of way will require the alteration of the existing canopy. It will also cause the loss of two (2) fuel pumps. This loss will create a twenty-five percent loss of the available fuel stations of the site. Based on this the applicant is seeking a waiver of any additional right of way dedication and the widening of Colonel Glenn Road and John Barrow Road. In addition the applicant is seeking approval of a waiver of the landscaping requirements along the abutting roadways. B. EXISTING CONDITIONS: The site is located at the intersection of Colonel Glenn Road and John Barrow Road which is identified on the City’s Future Land Use Plan for commercial activities. The uses in the area include an auto parts store, this convenience store, a restaurant, a strip retail center containing office and commercial uses and single-family homes. There is a City of Little Rock multi-field baseball park located to the northeast of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All owners of property located within 200-feet of the site, all residents, who could be identified located within 300-feet of the site, the John Barrow Neighborhood Association and Westwood Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial with special design standards. Dedication of right-of-way to 45 feet from centerline will be required. Per the Master Street Plan a right turn lane should be constructed at this location, which will require an additional 10 feet of right-of-way, dedicated. July 5, 2007 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8236 3 2. A 20 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn and John Barrow Road. 3. John Barrow Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 4. Per the Master Street Plan and due to the high volume of vehicles, a right turn lane should be constructed on Colonel Glenn Road with 250 feet of stacking and a 150 foot taper. This will require the sidewalk to be reinstalled. 5. Remove existing pump island, any structure, and underground storage tanks with development. Contact the Regulated Storage Tank Division of the Arkansas Department of Environmental Quality for clearance of soils prior to dedication of right-of-way. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 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. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 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. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT and T: No comment received. Central Arkansas Water: 1. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. July 5, 2007 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8236 4 2. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 General Commercial to Planned Commercial Development. The request does not require a change to the Land Use Plan. Master Street Plan: John Barrow Road is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Colonel Glenn Road is shown as a Principal Arterial with reduced design standards on the Master Street 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. These streets may require dedication of right-of-way and may require street improvements. Entrances and exits should be limited on these streets to minimize negative effects of traffic and pedestrians since they are arterials. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the John Barrow Neighborhood Action Plan. The Business and Commercial Goal states: “enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” July 5, 2007 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8236 5 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 around the sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 3. The zoning buffer ordinance requires a nine foot (9’) wide land use buffer along the northern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. 4. A small amount of building landscaping is required. 5. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. Proposed plan does not currently reflect this minimum. These islands should be evenly distributed throughout the site. 6. 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. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. G. SUBDIVISION COMMITTEE COMMENT: (June 14, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating the applicant was seeking a waiver of the required street improvements and the required landscaping. Staff stated there were a number of technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff requested the applicant provide details of any proposed signage. Staff also requested the applicant provide the location of any proposed dumpster facilities and a note limiting the hours of service if limited hours were applicable. Public Works comments were addressed. Staff stated right of way dedication and construction of a right turn lane was required along Colonel Glenn Road per the Master Street Plan. Staff stated the existing fuel canopy and fuel tanks were located within the future right of way and the applicant would be required to relocate the fuel tanks and canopy outside the right of way and the area would require cleaning per State and Federal standards prior to the City accepting the dedication. Staff stated a 20-foot radial dedication would be required at the intersection of John Barrow and Colonel Glenn Roads. July 5, 2007 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8236 6 Landscaping comments were addressed. Staff stated a minimum landscape strip of nine feet was required around the perimeter of the site. Staff stated the landscape ordinance would require a small amount of building landscaping and a minimum of eight percent of the paved area would require interior islands. 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 addressing few of the issues raised at the June 14, 2007, Subdivision Committee meeting. The applicant has provided the location of the proposed dumpster but has not indicated any limitations for the hours of service. The applicant has indicated the required landscaping strip along the northern perimeter but has not included the required street buffer on the revised site plan. The signage is proposed to comply with signage allowed in commercial zones or a maximum of 36-feet in height and 160 square feet in area. Building signage will be limited to ten percent of the façade area. Signage is proposed on the street sides of both Colonel Glenn and John Barrow Roads. The applicant is seeking a waiver of the required landscaping along the abutting roadways. The revised site plan includes paving to the roadways as presently exists. In staff’s opinion the proposed development is a redevelopment of the site and should provide an effort to meet the typical standards of the zoning and landscape ordinances. Staff is not supportive of the waiver request. The applicant is seeking a waiver of the required right of way dedication, street improvements and radial dedication for the abutting streets. According to the applicant this requirement will cause an economic hardship due to the required relocation of the existing gas pumps. According to the applicant if this is a requirement of the City the project will be unable to move forward. Staff is not supportive of the request for a waiver of the required right of way dedication, the radial dedication or the required street improvements. These improvements are a requirement of the Master Street Plan and required of new development and redeveloped sites within the City and the Planning Jurisdiction. The Master Street Plan was designed to maximize the efficient, safe, and orderly flow of traffic through and within the City. The Plan delineates a road system to service Little Rock’s current and future needs, balancing physical constraints, the needs of individual, and the needs of the general public to produce an efficient, safe, orderly and economical road system for the citizens of Little Rock, Pulaski County and the State of Arkansas. No specific time frame has been applied to the plan, since it is designed as a “response oriented” document. The street improvements will be made through the efforts of both the public and private sector as property is developed. Among its purposes are to coordinate private and public sector development activities and to serve as a framework for funding improvements and additions to the street system, as growth demands. July 5, 2007 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: Z-8236 7 Staff feels the proposed development should meet the spirit of the various ordinances and is not supportive of waiving the requirements as proposed. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present and one registered supporter present. Staff presented the item with a recommendation of denial of the request. Staff stated the applicant was seeking a waiver of the required street improvements and right of way dedication for the proposed development. Staff stated a waiver of the landscaping requirements was also being requested. Ms. Betty Snyder addressed the Commission on behalf of the John Barrow Neighborhood Association. She stated the association was in full support of the proposed project and City staff needed to find a way to make the development work. She stated the applicant’s had been a good neighbor and were participates in the neighborhood. She requested staff find a way to make the development work. The Commission questioned the applicant’s of the proposed redevelopment of the site and the request for the waivers. The applicant stated the right of way dedication would require relocation of the tanks. He stated in 2004 the tanks were reworked and he spent $104,000 on the tank improvements. He stated at the time of the improvements permits were obtained and no one indicated a right of way dedication would be required. He stated the right of way dedication would take in the tanks which then would have to be moved at a substantial expanse. The Commission questioned staff as to the need for the additional right of way. Staff stated the road was recently constructed by AHTD and a turn lane was not added. Staff stated based on the numbers a right turn lane was needed to facilitate traffic flow. Staff stated in this case it was an all or nothing. Staff stated the right of way was to be dedicated and the tanks relocated or the Board of Directors would have to approved or a waiver. Staff stated based on ordinance standards the turn lane was needed. Ms. Snyder pleaded with the Commission to work with the applicants to resolve this issue and make the development occur. The Commission suggested the applicant defer the item and work with staff for an alternative plan they could possibly support. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral request. The motion carried by a vote of 7 ayes, 0 noes, 2 absent, 1 recusal and 1 open position. July 5, 2007 ITEM NO.: 20 FILE NO.: LA-0018 NAME: Cantrell Road Land Alteration Variance Request LOCATION: 16724 Cantrell Road, northside of Cantrell Road and east of N. Katillus Road APPLICANT: William L. Adams AREA: Approximately 2 acres CURRENT ZONING: R2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to exceed the fill requirements of Sec. 29-190 with construction not being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to fill and grade approximately 2 acres of a larger tract of land with construction not being imminent. The subject property is located on the northeast corner of Cantrell Road and N. Katillus Road approximately 450 ft north of Cantrell Road and approximately 400 feet east of N. Katillus Road. The applicant desires to clear underbrush as allowed by the code and then to fill the property with dirt in excess of the initial 1000 cubic yards as allowed by the Land Alteration Regulations with no imminent construction. As just mentioned, the applicant has already cleared underbrush and filled 1000 cubic yards of dirt just south of the proposed fill area which did not require a grading permit. Since he now desires to fill an additional 2000 cubic yards without imminent construction, the applicant is seeking a variance from the Planning Commission for issuance of a grading permit to begin the filling activities. B. EXISTING CONDITIONS: This approximately 2 acre tree covered R2 zoned property is part of a larger tract of R2 zoned land greater than 5 acres located on the northeast corner of Cantrell Road and N. Katillus Road. Undeveloped R2 zoned property is located on the east and used for pasture and a residence just east of the pasture. To the north is developed R2 zoned property. To the northwest is Leisure Arts, a planned commercial development. To the west is N. Katillus Road and just west of N. Katillus Road is a commercial strip center zoned C3. To the southwest of the property across N. Katillus Road is a Shell gas station, a planned commercial development. To the south of the subject property is an area that has already been cleaned and filled with 1000 cubic yards and rental homes owned by the July 5, 2007 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: LA-0018 2 applicant. South of the rental homes is Cantrell Road with planned office developments on the south side of Cantrell Road. C. NEIGHBORHOOD COMMENTS: Certified mail notices were sent by the applicant to neighboring properties as per ordinance requirements. As of this writing, staff has received 3 letters in support of the applicant’s request. The letters are from Mr. Gene Pfeifer, Leisure Arts, and Mr. Ernest LeFlore, all neighboring property owners, stating their support of the variance request. Mr. Pfeifer is supportive of the applicant killing the trees and believes the fill will improve the drainage on the applicant’s and his properties. Mr. Pfeifer plans to build a fence and plant a vegetative screen on his side. Leisure Arts is in support of clearing the brush and adding fill and believes these activities have no ill impacts on the neighbors and their property. Mr. LeFlore approves of the work and says it greatly improves the living conditions of the neighborhood because is has opened views of two pasture areas, reduced the mosquito population and enabled summer breeze to blow through the community. Besides the letters, staff has received 2 phone calls requesting more information and stating their support after being explained the request. D. ENGINEERING COMMENTS: 1. How much fill is needed? 2. How many phases will take to fill the property? 3. How long will it take to fill the property if filling activities exceed one phase? 4. Since you are not seeking a variance to clear more than 7 trees and you plan to fill 6 to 8", what steps do you plan to take to keep from suffocating and eventually killing trees? 5. 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. An erosion control plan and soil loss calculations prepared by a licensed engineer will be required to be submitted prior to issuance of grading permit. 6. 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. 7. Vegetation must be established on disturbed area within 21 days of completion of filling and clearing activities. 8. Erosion controls must be installed to reduce discharge of polluted stormwater. July 5, 2007 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: LA-0018 3 9. Provide location of vehicle tracking pad constructed per Little Rock Code Sec. 29-190(12). 10. How long after clearing the underbrush, do you plan to fill the property? E. LANDSCAPE COMMENTS: 1. The likelihood of the trees surviving with the addition of fill/soil on the root system of the trees is minimal. Therefore, no fill/soil shall be placed on the site in the areas designated for trees to remain undisturbed. This area, in addition to Public Works requirements equates to 6% of the average depth of the property to remain undisturbed, next to any residentially zoned property. 2. Orange tree fencing is to be in place prior to any fill/soil being added to the site for delineation of areas to remain undisturbed. 3. 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. F. SUBDIVISION COMMITTEE COMMENTS: (June 7, 2007) The applicant was present. Staff stated the comments as written above. The applicant was asked how long the filling operation would take because staff was concerned that after sometime this location might be used as a dump site for undesirable fill since the applicant does not live in Arkansas year round. The applicant said he would take steps to keep this from occurring. The preservation of the trees was expressed by staff as a concern. Trees are not likely to survive with the placement fill on the tree roots. There was no further discussion of the item. Staff asked the applicant to provide a date when the filling activities will cease. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: To date the applicant has cleared underbrush and filled 1000 cubic yards of dirt just to the south of subject property about 200 feet north of Cantrell Road. These activities have been performed without the need for a grading permit in accordance with the Land Alteration Regulations. Silt fence and other erosion control methods have been used. Now, the applicant is requesting to clear underbrush and fill up to an additional 2000 cubic yards of dirt just to the north of the recently cleared and filled area with no imminent construction. The July 5, 2007 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: LA-0018 4 residential exemption does not apply because the property is must larger than 5 acres and fronts a principal arterial street. The applicant proposes to leave all the trees and fill 6 to 8 inches of dirt across the subject area as shown on the plan. The applicant plans to clear the underbrush now and requesting to fill the property from the time the grading permit is issued until September 30, 2008. At this time, the applicant does not have a source for the fill. He plans to solicit for fill material. The applicant states, he will maintain control over the access to the site to prevent the property from becoming a dump site for anyone with an extra load of fill material. Staff is very concerned about eventually killing trees by the placement of the additional fill on the root systems. Comments reflect orange fencing to be installed around the drip line of the tree to delineate the areas to be filled from the areas left undisturbed prior to the start of filling. In accordance with code, an undisturbed buffer is to be maintained around the filled and brushed areas of a width of 6% average depth of the property. Silt fence is to be installed on the downstream side of the disturbed areas and vegetation established on disturbed areas with 21 days of completion of filling and clearing activities. If the application is approved a grading permit is required to be issued by Public Works. H. STAFF RECOMMENDATION: Staff is in support of the variance request subject to compliance with the Public Works and Landscape comments found in paragraphs D and E of the write-up. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the Public Works and Landscaping comments found in paragraphs D and E of the agenda staff report. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 vacant position.