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pc_08 30 2007 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD AUGUST 30, 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 Chauncey Taylor Troy Laha Jerry Meyer Mizan Rahman Robert Stebbins Fred Allen, Jr. Lucas Hargraves Darrin Williams Members Absent: Jeff Yates 1 Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the July 19, 2007 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING AUGUST 30, 2007 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-8214 Jefferson Day Care Center – Conditional Use Permit 3200 and 3208 Gilman Street B. G-23-387 Spring Street – Right-of-Way Abandonment Between West 16th and West 17th Streets C. Z-3045-A Pevahouse Accessory Dwelling – Conditional Use Permit 3 Edgehill Drive D. Z-3150-I I-30 RV Park Long-form PCD Northeast corner of I-30 and Chicot Road II. NEW BUSINESS: Item Number: File Number: Title 1. Z-8244 Simone’s Home Group Home – Special Use Permit 3400 West 14th Street 2. LU07-17-01 A Land Use Plan Amendment in the Crystal Valley Planning District in the 7600 Block of Stagecoach Road from Mixed Use to Commercial. 2.1 Z-6064-A Rezoning from R-2 and O-1 to C-3 7600 and 7610 Stagecoach Road 3. Z-8245 Rezoning from R-3 to R-7A 3615 East 36th Street Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 4. Z-8246 Rezoning from C-3 to I-1 9601 I-30 5. Z-8247 Rezoning from R-3 to R-7A 4216 East 38th Street 6. Z-8249 Rezoning from R-2 to I-1 East of 15500 Lawson Road; north side 7. S-1585 L. M. Glasfiber Subdivision – Site Plan Review South side of Lindsey Road, east of Fourche Dam Pike 8. Z-3739-B St. James United Methodist Church – Revised Conditional Use Permit 321 Pleasant Valley Drive 9. Z-8248 Rainey-Harris Multisectional Manufactured Home – Conditional Use Permit 4310 Garrison Road 10. A-310 Shoemaker Annexation, 218± Acres South of Lawson Road between Crystal Valley Road and Duvall in Sections 20, 29, 30, T-1-N, R-13-W. August 30, 2007 ITEM NO.: A FILE NO.: Z-8214 NAME: Jefferson Day Care Center – Conditional Use Permit LOCATION: 3200 and 3208 Gilman Street OWNER/APPLICANT: Gail Lambert/Lanell Jefferson PROPOSAL: A conditional use permit is requested to allow conversion of these two residential structures into a day care center. The properties are zoned R-3. 1. SITE LOCATION: The properties are located at the southwest corner of West 32nd and Gilman Streets, in the John Barrow neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the heart of a single family residential neighborhood. All surrounding properties are occupied by single family homes. The applicants proposal is to convert two single family residences into a day care center campus. Staff does not believe this is the appropriate location for this business. The day care center should be located outside of the neighborhood, on a collector or arterial street. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the John Barrow Neighborhood Association were notified of this proposal. 3. ON SITE DRIVES AND PARKING: The proposed day care is to have an enrollment of 32 children, with 6 employees; requiring 9 on-site parking spaces. The applicant proposed to utilize a single car wide driveway off of Gilman Street to access a new, 12-space parking lot. If the C.U.P. is approved, the parking will need to be paved and the existing driveway widened to accommodate two-way traffic or a connection made to West 32nd Street to accommodate one-way traffic onto and off of the site. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. August 30, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 2 The circulation and design of the parking lot is questionable. The zoning buffer ordinance requires a minimum eight (8) foot wide land use buffer along the southern and western perimeters of the site, next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and western perimeters of the site next to the residentially zoned property. Credit toward fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. Landscaping will be required in conjunction with the newly proposed parking lot and in conjunction with the proposed building addition. A landscaping plan will required per city ordinance prior to the issuance of a building permit. 5. PUBLIC WORKS COMMENTS: 1. West 32nd 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. 2. Gilman 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. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of West 32nd Street and Gilman Street. 4. Additional concrete or asphalt should be installed to provide a one (1) way drive into and out of the property. This may also require the existing concrete drive to be widened. 5. Boundary street ordinance will require half-street improvements to West 32nd and Gilman Streets; including street widening, curb, gutter and sidewalks. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. August 30, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 3 AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Fire sprinklers may be required along with a fire hydrant. County Planning: No Comments. CATA: The site is not located on a CATA bus route. The nearest route is located along West 36th Street, 4 blocks to the south. SUBDIVISION COMMITTEE COMMENT: (MAY 17, 2007) The applicants were present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff asked that the playground area be located on the site plan. In response to questions from staff, the applicants stated the day care would operate Monday through Saturday, 6:00 a.m. to 10:00 p.m. The applicants stated neither house would be occupied as a residence. Staff noted the site plan did not provide adequate parking or proper driveways. The applicants were advised to enlist the services of a design professional to prepare a proper site plan. Public Works, Utility and Landscape Comments were discussed. The applicants were advised to contact the Fire Marshall regarding the installation of a fire hydrant. The applicants were advised to respond to staff issues by May 23, 2007 or seek a deferral. STAFF ANALYSIS: The properties at 3200 and 3208 Gilman Street are each occupied by a one- story, frame, single family residence. Approval has been given for the occupant of 3200 Gilman to keep no more than 5 children, which does not require either a special use permit or conditional use permit. The property has been converted into a day care center and is currently under enforcement by the City as a zoning August 30, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 4 violation. The applicant is requesting approval of a conditional use permit to allow the conversion of 3200 and 3208 Gilman into a day care center with an enrollment of 32 children with 6 employees. The house at 3200 will be used for keeping children ages birth to three years. The house at 3208 is proposed to be used for developmental, speech, physical and occupational services and for tutoring for older children. Hours of operation are proposed as 6:00 a.m. to 11:00 p.m. The applicant previously specified days of operation as Monday through Saturday. Neither house will be occupied as a residence. The applicant has submitted a site plan showing 12 on-site parking spaces. The driveway modifications necessary to accommodate this parking have not been shown. Access is via a single-car-wide driveway off of Gilman Street. The plan proposes doubling the size of the structure at 3208 Gilman to accommodate the proposed use. A playground area is proposed behind 3200 Gilman. Fencing around the site is a combination of wood screening fence and chain link fencing. The screening requirements of the Code require a solid opaque screen on the south and west perimeters, where the site is adjacent to residential properties. The applicant has stated no signage is proposed, unless required. Site lighting is to consist of parking lot lighting. Staff is not supportive of the proposed C.U.P. The site is located within the heart of a single family residential neighborhood. All surrounding properties are occupied by single family residences. Staff has supported S.U.P.’s for day care family homes in residential neighbors to allow the occupant of a residence to keep up to 10 children. Day care centers are more appropriately located on collector or arterial streets on the edge of or out of neighborhoods. Since the application was initially filed as a day care center, the applicant has expanded the proposed uses for the site to include therapy services and tutoring for older children. This further increase in activity proposed for the site only serves to intensify staff’s concerns. Additionally, the streets immediately adjacent to and around the site are narrow, open ditch, chip-seal roadways with no sidewalks or gutters. The streets will not support the proposed institutional use at this location. The 1908 Bill of Assurance for the John Barrow Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. STAFF REPORT: On May 24, 2007, the applicant contacted staff and requested deferral of the item to allow more time to address issues raised at the May 17, 2007 Subdivision August 30, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 5 Committee meeting. Staff recommends deferral to the July 19, 2007 Commission meeting. PLANNING COMMISSION ACTION: (JUNE 7, 2007) The applicant was not present. There were no objectors present. Staff presented the item and a recommendation of deferral. There was no additional discussion. The item was placed on the consent agenda and approved for deferral to the July 19, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. STAFF REPORT: The applicant has not submitted the required site plan, as instructed by the Subdivision Committee. Staff recommends the item be deferred to the August 30, 2007 Commission Agenda. PLANNING COMMISSION ACTION: (JULY 19, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to submit the required site plan. The item was placed on the consent agenda and deferred to the August 30, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicants were present. There were no objectors present. A letter of opposition had been received from the John Barrow Neighborhood Association. Staff presented the item and a recommendation of denial. The applicant, Gail Lambert, addressed the Commission. She stated she had previously operated a day care family home at 3200 Gilman until the number of children pushed her out of the home. She stated it was her desire to provide child care to younger children. She stated she was a licensed therapist as well; going to children’s homes and providing services. In response to a question from the Commission, Director of Planning and Development Tony Bozynski described the differences between a day care family home and a day care center under Little Rock zoning regulations. Co-applicant Lanell Jefferson stated the day care currently had 12-13 children counting those who arrived after school. August 30, 2007 ITEM NO.: A (Cont.) FILE NO.: Z-8214 6 Commissioner Taylor told Mr. Jefferson the number of children and type of operation was beyond what is permitted as a residential use. Ms. Lambert asked if they could keep just 10 babies. Another discussion of the provisions for a day care family home and a day care center followed. The applicants were told that a day care family home required the applicant to live in the residence. It was suggested that a deferral might be in order to allow the applicants an opportunity to discuss the issue with staff. Staff stated the item had been ongoing for six (6) months and the applicants were operating the day care center in violation of City Code. Staff recommended the Commission take action on the application to bring closure. Ms. Lambert stated she had kept children since 1995 and had only recently moved out of the house at 3200 Gilman. She stated she did not currently use 3208 Gilman, but hoped to use it in the future to provide therapy services for the children. Commissioner Williams suggested deferring the item since there was no support for a day care center at this location. Mr. Jefferson asked for more time. He stated he did not fully understand the issue. In response to a question from Commissioner Adcock, Ms. Lambert stated she provided therapy services to 20 – 30 children. Mr. Bozynski stated staff was agreeable to a deferral A motion was made to defer the item to the October 11, 2007 meeting. The motion was approved by a vote of 8 ayes, 1 noe, 1 absent and 1 open position. August 30, 2007 ITEM NO.: B FILE NO.: G-23-387 Name: Spring Street – Right -of-Way Abandonment Location: Between West 16th and West 17th Streets Owner/Applicant: Cathedral School/Stephen R. Giles Request: To abandon the 60’ wide section of Spring Street located between West 16th and West 17th Streets. Purpose: To control vehicular and pedestrian access to school and office within school campus. STAFF UPDATE: The applicant submitted a letter to staff on June 27, 2007 requesting the application be deferred to the August 30, 2007 Agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JULY 19, 2007) Staff informed the Commission that the applicant submitted a letter on June 27, 2007 requesting the application be deferred to the August 30, 2007 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the August 30, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. STAFF UPDATE: The applicant submitted a letter to staff on August 20, 2007 requesting the application be deferred to the October 11, 2007 Agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) Staff informed the Commission that the applicant submitted a letter to staff on August 20, 2007 requesting the application be deferred to the October 11, 2007 Agenda. Staff supported the deferral request. August 30, 2007 ITEM NO.: B (Cont.) FILE NO.: G-23-387 2 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 11, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. August 30, 2007 ITEM NO.: C FILE NO.: Z-3045-A NAME: Pevahouse Accessory Dwelling – Conditional Use Permit LOCATION: #3 Edgehill Drive OWNER/APPLICANT: Joe and Vicki Pevahouse/Yeary Lindsey Architects PROPOSAL: A conditional use permit is requested to allow an accessory dwelling on this R-2 zoned lot. 1. SITE LOCATION: The property is located on the north side of Edgehill Drive, one lot east of N. Beechwood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a neighborhood of large single-family homes on large lots. It appears other properties in the neighborhood also contain guesthouse type structures, pool houses or larger accessory buildings. The applicants propose to remodel an existing pool pavilion and greenhouse into a new pool house and guest quarters. The existing brick walls on the north and east perimeters will be incorporated into the new structure; maintaining the existing setbacks. The proposed pool house/guest quarters should be compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Forest Park, Heights, Hillcrest and Prospect Terrace Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The Code requires one on-site parking space each for the principal dwelling and accessory dwelling. The site has more than sufficient, existing, paved parking. 4. SCREENING AND BUFFERS: No comments. August 30, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-3045-A 2 5. PUBLIC WORKS COMMENTS: No comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: No Comments. SUBDIVISION COMMITTEE COMMENT: (JUNE 28, 2007) Carolyn Lindsey was present representing the applicant. Staff presented the item and noted additional information was needed regarding building materials and design, building height and roof pitch. Staff asked the applicant to specify measures to be taken to address potential water run-off onto adjacent properties. In response to a question from staff, Ms. Lindsey stated no separate utilities were requested. The applicant was asked to clarify if the structure would, in fact, be occupied as a residence. Staff noted that a perpetual maintenance easement would be needed from the property owner to the east to allow for construction and maintenance of this structure due to reduced setback. Staff informed the committee that variances were needed to allow reduced setbacks on the north and east and to allow an encroachment into an easement on the north. The applicant stated the variances were needed because the structure would be built using existing walls on the north and east that already had reduced setbacks and encroached into the easement. The applicant was instructed to respond to staff issues by July 3, 2007. The Committee forwarded the item to the full Commission. August 30, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-3045-A 3 STAFF ANALYSIS: The R-2 zoned property located at #3 Edgehill Drive is occupied by a large, two- story, brick and frame, single-family residence. The property also contains a pool, pool pavilion structure and a greenhouse. The existing pool pavilion structure currently contains an enclosed dressing area, half-bath and pool equipment room. There is also a kitchenette covered by the main roof that creates an exterior porch type structure. The pavilion roof consists of a central hip roof with flat roofed “wings” at each side (north and south). The attached greenhouse roof slopes down toward the front yard at the south. All of the existing roofs are presently supported on top of substantial buttressed brick walls which surround the pool area on the north and east sides. The existing wall/pool pavilion/greenhouse structure has a setback of 1.4 feet from the north property line and a setback varying from less than a foot to 1.4 feet from the east property line. The structure intrudes approximately 2.6 feet into a 4-foot easement located along the north property line. The applicants are proposing to remodel the existing pool pavilion-greenhouse structure. The new structure will be used primarily as a pool house, but will occasionally be used as a guesthouse for visiting family and friends. The dilapidated roofs and wood partition walls will be removed. The existing north and east brick walls will be used as supporting walls for the new structure. The structure will be constructed of brick and ornamental precast concrete. The roof will rest on a beam aligning with the top of the existing 9’4” high brick walls and will gradually slope with a 2:12 slope to a maximum height of 13’6” behind a west parapet wall. The roof will be a standing seam metal roof and will hip down to a gutter at the north and east wall tops. The gutters will be taken to downspouts and sub grade drains on the applicant’s property. A lower extension of the roof will slope toward the south to cover the greenhouse structure that will be incorporated into the new pool house design. The new structure will contain a living space, kitchen, full bath, bedroom and pool equipment room. Since the structure will have all the elements of a dwelling, a conditional use permit is required. The applicants have responded to the issues raised at Subdivision Committee. The 1930 bill of assurance for Edgehill Addition appears to have expired on January 1, 1951. Separate utilities are not requested. As previously noted, the existing structure has reduced setbacks on the north and east and extends into an easement along the north property line. The applicants propose to utilize the existing brick wall on the north and east sides; August 30, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-3045-A 4 maintaining the existing setbacks and encroachment. All utility companies and Public Works have approved the proposed easement encroachment. Since no new encroachments are proposed, staff is supportive of allowing the remodeled structure to maintain the existing, reduced side and rear yard setbacks. The Code typically requires a 3-foot setback for accessory structures. The applicant has described the measures that will be taken to assure water run-off onto neighboring properties will not occur. If it is necessary to utilize any of the neighbor’s property to access the structure during construction, permission must be obtained from that neighbor in the form of a maintenance easement. The applicants are working with their neighbors to address this possibility. To staff’s knowledge, there are no outstanding issues. The proposed pool house/guesthouse structure appears to be compatible with uses in the area and, if designed as proposed, should have no impact on adjacent properties. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. The guttering, downspouts and sub grade drains are to be installed so as to prohibit water run-off onto neighboring properties. 2. The structure is to be used only as a pool house and as guest quarters for friends and family members visiting the occupants of the principal dwelling on the property. 3. The property owner(s) must reside on the property. 4. Permission from the neighboring property owner, in the form of a maintenance easement, must be obtained if it is necessary to access the neighboring property to construct or maintain this accessory structure. Staff recommends approval of the requested variances to maintain the existing, reduced setbacks from the north and east property lines and to continue the encroachment into the utility easement. PLANNING COMMISSION ACTION: (JULY 19, 2007) The applicant was not present. There were no objectors present. . Staff informed the Commission that the applicant had requested deferral of the item to allow for additional discussion with the neighbors. There was no further discussion. The item was placed on the consent agenda and deferred to the August 30, 2007 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. August 30, 2007 ITEM NO.: C (Cont.) FILE NO.: Z-3045-A 5 STAFF UPDATE: The applicants and their architect have continued to work with the neighbors and have made a slight modification to the plans for the accessory dwelling/pool house. Although the existing brick walls on the north and perimeters of the site will remain, they will not be used as supporting walls for the structure. New supporting walls will be constructed inside the existing brick walls. The structure’s new roof and guttering will extend above the existing brick wall. The main roof of the structure will have a 2:12 pitch. The applicant’s architect is confident that the new structure can be constructed and maintained from the applicants’ side of the brick wall; eliminating staff’s recommendation that a maintenance easement be obtained from the neighbors. The neighboring property owners have reviewed and approved the plans. Staff’s recommendation stands as noted above, with elimination of condition no. 4. STAFF RECOMMENDATION REVISED: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. The guttering, downspouts and sub grade drains are to be installed so as to prohibit water run-off onto neighboring properties. 2. The structure is to be used only as a pool house and as guest quarters for friends and family members visiting the occupants of the principal dwelling on the property. 3. The property owner(s) must reside on the property. Staff recommends approval of the requested variances to maintain the existing, reduced setbacks from the north and east property lines and to continue the encroachment into the utility easement. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. August 30, 2007 ITEM NO.: D FILE NO.: Z-3150-I NAME: I-30 RV Park Long-form PD-C LOCATION: Located on the Northeast corner of I-30 and Chicot Road DEVELOPER: Dave and Mary Pierce P.O. Box 6298 Sherwood, AR 72124 ENGINEER: The Holloway Firm Bob Holloway 200 Casey Drive Maumelle, AR 72113 AREA: 5.811 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-4, Open Display District ALLOWED USES: Outdoor sales and commercial uses PROPOSED ZONING: PD-C PROPOSED USE: RV Park VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The proposal includes the development of 5.81 acres with 145 RV parking spaces. The development is proposed in three phases. A single entry to the park is proposed off Chicot Road to provide a controlled entry. The exit is on the frontage road along Interstate 30. The control center and office for the business will be at the northwest corner of the site where the only services offered will be a laundry facility and propane refilling station. The park is unlike a KOA in that it is simply a location to park the RV and the accompanying vehicle. It does not provide on site recreational facilities like long term camper parks. All utilities for August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 2 the park will be underground with the connections all in a concrete island such that they provide minimum difficulty while attaching to the RV’s. The applicant has indicated a desire to retain on-site trees where not located within the proposed parking spaces. The driveways are proposed with asphalt and concrete aprons at the entrance and exits, but the parking itself will be graveled with a light colored chat with the exception of the designated landscape areas. Since most of the lot will be gravel, it will provide for substantially easier maintenance operation, minimize storm water detention requirements and provide a clean and more easily maintained site. The site will be used for overnight stays, or small extended stays for recreational purposes by family visitations, shopping, athletic events or visits to the Clinton Library. Sewer service will be provided by Little Rock Wastewater Utility since a gravity sewer line is located on site and larger water lines are located along Chicot Road and the I-30 Frontage Road. B. EXISTING CONDITIONS: The site is a wooded site located just east of the Chicot/I-30 Overpass. To the north of the site is an apartment development and to the east is a church. West of the site is a property containing a warehouse building which was formerly used as a lumber company. Further west is an office use and an apartment development and a mini-warehouse development. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several 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 proposed development, the South Brookwood Neighborhood Association, Southwest Little Rock United for Progress and the Town and County Neighborhood Associations were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Chicot Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. The driveway into the development from Chicot Road should be paved with curb and gutter and at least 26 feet from back of curb to back of curb to the eastern slot access drive. The driveway entrance off the I-30 frontage road should be paved with curb and gutter and at least 26 feet back of curb to back of curb to the slot access drives. August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 3 3. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to Chicot Road with the planned development. Asphalt pavement should be provided 18 feet from the centerline and concrete to the right of way line with curb and gutter, and access ramps crossings. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. The driveways within the development should be constructed to at least 20 feet in width of asphalt pavement. 6. The parking slots should be angled to allow vehicles to back into slots. This would require the slot driveways to be one way. 7. 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. If the applicant desires to clear Phase 2 and/or 3 with Phase 1 a variance from the Land Alteration Regulations is required. 8. All radiuses should be sufficient for bus or WB-40 turning movements. Provide revised plan. 9. 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 edge of pavement on the I-30 access road. 10. Storm water detention ordinance applies to this property. The detention is shown on the south side of the property. 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. 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: Existing sewer main on site. Sewer is available for the project. Sewer connection for private system serving RV Park must be approved by Little Rock Wastewater Utility prior to the start of construction. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s) and private fire line. 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. This development will have minor impact on the existing water distribution system. 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. 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 Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Commercial development to rezone the site from C-4, Open Display District to allow the placement of an RV Park on the site containing 145 stalls. The request does not require a change to the Land Use Plan. Master Street Plan: Chicot Road is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class III bike route is shown on the Master Street Plan bicycle section along Chicot 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. August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 5 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the 65th Street West Neighborhood Action Plan. The Land Use and Zoning goal states: “Non Residential developments within the neighborhood should be low volume traffic generating businesses” and “Encourage non residential uses continue to be located along University Avenue and I-30 and not infiltrate into the neighborhood.” Landscape: 1. The site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. A nine-foot minimum landscape strip will be required along the access drive on the northern perimeter. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is also required in this area. 3. The zoning buffer ordinance requires a forty foot wide (40’) land use buffer along the remainder of the northern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this buffer is to remain undisturbed. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is also required. 4. The landscape ordinance requires the placement of a landscape strip along the eastern and western perimeters of the site a minimum of nine feet in width. 5. The landscape ordinance requires the placement of a 30-foot perimeter planting strip adjacent to I-30. 6. The zoning buffer ordinance requires an average of forty foot (40’) wide street buffer and in no case less than the thirty foot (30’) required by landscape ordinance. 7. Vehicular use areas are required to be landscaped at a minimum of eight percent of the interior wheeled area. 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. These islands should be evenly distributed throughout the site. 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. August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 6 10. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 26, 2007) The applicant was present. Staff presented the item stating there were a number of outstanding technical issues associated with the request. Staff stated the site plan did not include any outdoor livability. Staff stated the PUD ordinance typically required a minimum of ten to fifteen percent of the site area be designated as landscaped open space and not be used as streets or parking. Staff also stated the request included the placement of gravel parking pads for the RV’s. Staff stated the ordinance typically required all wheeled areas to be constructed with a hard surface material. Staff questioned the length of time visitors would be allowed to stay at the site. Staff also requested the applicant provide the location of the dump station or define how sewer service would be handled. Public Works comments were addressed. Staff stated the parking slots should be angled to allow vehicles to back into slots. Staff stated this would require the drives to be one-way drives. Staff stated the internal drives should be constructed to a minimum width of 20-feet. Staff also stated if Phases II and III were proposed for clearing with the development of the Phase I a variance from the Land Alteration Ordinance would be required. Landscaping comments were addressed. Staff stated a 30-foot perimeter landscape buffer was required along the I-30 Frontage Road per the Landscape Ordinance. Staff stated the zoning buffer ordinance would typically require the placement of a 40-foot street buffer in this area and in no case less than one-half or 20-feet. Staff stated the vehicular use areas were required to be landscaped with a minimum of eight percent of interior landscaping within interior landscape islands a minimum of seven and one-half feet and 150 square feet in area. Staff stated a landscape plan would be required prior to the issuance of a building permit and an automatic irrigation system would be required to water 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 submitted a revised site plan to staff addressing most of the issues raised at the July 27, 2007, Subdivision Committee meeting. The applicant has August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 7 indicated each of the proposed parking stalls will have access to City sewer service, the maximum length of stay is 30-days and the site will have a 24-hour attendant. The site plan does not include angled parking as suggested by staff. According to the applicant the width of the stalls and drive lanes are adequate to maneuver a vehicle into the stall as proposed. The buffer along the northern perimeter has not been indicated at the 40-foot minimum landscape strip as typically required per the zoning buffer ordinance and the 9-foot minimum landscape strip along the eastern and western perimeters has not been included. The interior landscaping, as typically required by the landscape ordinance, has not been included. Screening and buffering have been noted by the applicant in the revised cover letter but have not been noted on the site plan. According to the applicant a wooden fence is located along the northern perimeter of the site on an adjacent property. The ordinance typically requires the placement of screening by the more intense use and although there is screening in place this does not relieve the applicant of the screening requirement. A chain link fence is located along the eastern and western perimeters. The cover letter states a living screen would accomplish any screening requirements by the placement of hedges and trees for a more suitable perimeter treatment in these areas but has not been indicated on the site plan. The site plan does not include any outdoor living space in parks or community common areas. According to the applicant these amenities have not been provided since the site is not a long term stay facility. The site is proposed for larger units and a clientele that does not require a large common open space. According to the applicant’s revised cover letter a substantial number of existing trees (200+) will remain on the site. The revised site plan does not identify the trees to remain on the site nor has the applicant provided a tree survey. The Planned Zoning District Ordinance typically requires a minimum of ten to fifteen percent of the site to be common open space and green space. The site plan does not include this typical minimum requirement. The revised site plan includes the placement of 145 parking stalls with a minimum width of 22-feet and a maximum depth of 50-feet. Each of the stalls is proposed with areas of green space and a location for tow vehicle parking. Each of the proposed stalls will have a utility pedestal connection with access to water, sewer and electrical. Central Arkansas Water will provide water service and Little Rock Wastewater Utility will provide wastewater service. The lot is proposed with parking lot lighting to be mercury vapor shoebox type lighting with a maximum pole height of 20-feet. The development is proposed in three phases. The first phase will involve the construction of the access drive from Chicot Road, the office and laundry facility August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 8 and 48 parking stalls along with the drive serving the stalls. Phase II will contain 45 parking stalls along with the service drive and Phase III will include 52 parking stalls and service drive. Grading is proposed with each phase of development therefore a variance to allow advanced grading of the subsequent phases is not being requested. The office facility is proposed as a 14-foot by 40-foot structure and the laundry as a 10-foot by 16-foot structure. The trash receptacle is located adjacent to the office and laundry facility with the hours of service limited to daylight hours. A screening fence will be provided per the typical ordinance requirements. Signage is proposed along the I-30 frontage road and along North Chicot Road. The signage is proposed as typically allowed in commercial zones or a maximum of 36-feet in height and 160 square feet in area. Directional signage will also be utilized along the I-30 Frontage Road to direct patrons to the entrance to the development along North Chicot Road. The applicant has indicated the customers will be allowed a maximum stay of 30 days and the maximum number of occupants per vehicle is four. The vehicle must be moved from the site a minimum of 15 days before the unit can return for an additional 30 day stay. All drives are proposed constructed as a hard surface material. The driveway off Chicot Road is indicated as a 22 foot wide drive with no curb and gutter. The driveway should be paved with curb and gutter to a width of at least 26 feet from back of curb to back of curb and constructed for the expected wheel loads. The width will allow an RV to go around another RV parked at the office to check in. The driveway off Chicot Road should be constructed with a concrete apron starting 18 feet from the centerline of the street to the right-of-way line. Pavement should be provided on Chicot Road for widening to 18 feet per Master Street Plan and Public Works details. Indentions should be provided in the curb of the driveway for future access ramps. The driveway onto I-30 should be lengthened at least 5 feet to provide sufficient room for RV’s to stack waiting to enter the I-30 frontage road. The current design requires the nose of the RV to be closer than 5 feet from the through lanes of traffic on the I-30 frontage road. This lengthening will require adjustments in the street radiuses for WB-40 vehicles to maneuver. The driveway onto I-30 frontage road is indicated at 26 feet wide but without curb and gutter. Curb and gutter should be provided. Trees are shown to be placed in the pavement which reduces the available turning radius for a WB-40 vehicle. The parking stalls are proposed as gravel with a light colored chat with the exception of the designated landscape areas. Most of the lot will be gravel, to provide for easier maintenance operation and minimize storm water detention requirements. The zoning ordinance typically requires all wheeled area to be constructed of a hard surface material. August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 9 Staff is not supportive of the request. The site plan as presented does not include adequate landscaping or areas for outdoor livability as typically required by the ordinances. Staff feels the site plan as proposed is maximizing the site for development and paying little attention to landscaping and livability. Staff feels if the site is developed for an RV park the developers should at least provide the meet or exceed the typical minimums requirements of the various ordinances. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 16, 2007) The applicant was present. There were registered objectors present. Chairman Stebbins stated when fewer than nine Commissioners were present the Commission typically offer the applicant the option of deferral to a later hearing date. Chairman Stebbins stated for an item to be recommended for approval six affirmative votes were required. He stated presently there were seven Commissioners present. Mr. Bob Holloway requested on behalf of the applicant a deferral of the item to the next available public hearing. Staff stated the hearing date would be August 30, 2007. A motion was made to defer the item to the August 30, 2007, public hearing. The motion carried by a vote of 6 ayes, 1 no, 3 absent and 1 open position. STAFF UPDATE: (AUGUST 30, 2007) The applicant submitted a revised site plan to staff on August 16, 2007. The revised plan includes a tree survey, the placement of the parking layout and areas of landscape on the parking stalls. The plan also includes screening and buffering along the northern, eastern and western perimeters. The site plan continues to not include any outdoor living space in parks or community common areas. According to the applicant, these amenities have not been provided since the site is not a long term stay facility. Staff feels this is not the case. Patrons having the ability to stay for 30 days is much different than just allowing a vehicle to enter and park one or two evenings. Staff feels with the allowance of the ability to stay for a 30 day period, the developer should provide common outdoor living space for the patrons. The revised site plan indicates a tree survey and the applicant has indicated the ability to retain approximately 200 trees on the site. The revised site plan has identified the trees to remain on the site and in staff’s opinion a number of the retained trees will later August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 10 die from the disturbance to the root system through the installation of the drives, the water/sewer/electrical or the parking of vehicles on the root system. The Planned Zoning District Ordinance typically requires a minimum of ten to fifteen percent of the site to be common open space and green space. The site plan does not include this typical minimum requirement. Each of the proposed spaces has indicated an area of 451 square feet of green space per slot. Staff feels areas should be set aside as a common park. All drives are proposed to be constructed as a hard surface material. The driveway off Chicot Road is indicated as a 22 foot wide drive with no curb and gutter. Staff feels the driveway should be paved with curb and gutter to a width of at least 26 feet from back of curb to back of curb and constructed for the expected wheel loads. The 26-foot width would allow an RV to go around another RV parked at the office for check in. The driveway off Chicot Road should be constructed with a concrete apron starting 18 feet from the centerline of the street to the right-of-way line. Pavement should be provided on Chicot Road for widening to 18 feet per Master Street Plan and Public Works details. Indentions should be provided in the curb of the driveway for future access ramps. The driveway onto I-30 should be lengthened at least 5 feet to provide sufficient room for RV’s to stack waiting to enter the I-30 frontage road. The current design requires the nose of the RV to be closer than 5 feet from the through lanes of traffic on the I-30 frontage road. This lengthening will require adjustments in the street radiuses for WB-40 vehicles to maneuver. The driveway onto I-30 frontage road is indicated at 26 feet wide but without curb and gutter. Curb and gutter should be provided. Trees are shown to be placed in the pavement which reduces the available turning radius for a WB-40 vehicle. The parking stalls are proposed as gravel with a light colored chat with the exception of the designated landscape areas. Most of the lot will be gravel, to provide for easier maintenance operation and minimize storm water detention requirements. The zoning ordinance typically requires all wheeled area to be constructed of a hard surface material. In addition, the applicant has indicated graveled areas will assist in the preservation of trees on the site. Staff does not feel this is the case. Once the gravel/chat is packed within the parking stall, the tree’s root system will be distressed and the tree will eventually have to be removed. Staff is not supportive of the request. The site plan, as presented, does not include adequate landscaping or areas for outdoor livability as typically required by the ordinances. The development is proposed as a very dense development and is paying very little attention to design and siting of the development to maintain a park-like setting. Staff feels the site plan as proposed is maximizing the site for development and paying little attention to landscaping and livability. Staff feels if the site is developed for an RV park the developers should at least provide the meet or exceed the typical minimums requirements of the various ordinances. August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 11 PLANNING COMMISSION ACTION: (AUGUST 30, 2007) Mr. Bob Holloway and Mr. Dave Pierce were present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Holloway stated he was the consultant representing the applicant. He stated his office had provided each of the Commissioners with a letter stating the proposed development and modifications were made to the site plan to address staff’s concerns. He stated his firm had conducted a tree survey on the site and of the 321 trees above six inches approximately 163 trees could be retained. He stated the tree canopy was very important to the owner and he would do his best to retain as many trees as possible on the site during the installation of the infrastructure. He stated forty percent of the site would be maintained as open space. He stated each of the parking spaces would have a private open space of twenty-four percent. He stated if the development were constructed as a C-4, Open Display District development very few trees would be maintained. Mr. Holloway stated the development was similar to a hotel. He stated there were very few resources for persons traveling in RV’s to visit Little Rock. He stated the visitors needed a safe place to stay when visiting the City. He stated the park would not generate a great deal of traffic to the site. He stated RV’s were not heavy vehicles. He stated for the most part the vehicle was carrying air. Mr. Holloway stated he and the owner had attended a neighborhood meeting and made changes to the site plan based on the comments received from the neighborhood. He stated the dumpster had been moved based on comments received from Director Adcock. He stated the developer was flexible and would work with staff and the neighborhood for the placement of the dumpster facility on the site. Mr. Piecrce stated the reason for the 30 day stay was to allow for persons receiving medical treatment. He stated he had contacted the area hospitals and Children’s and Baptist each had four RV parking spaces. He stated the spaces had electricity only. He stated his facility would allow direct connection to water, sewer and electricity. Commissioner Meyer questioned if the development would have an on-site manager and if the landscaped areas would be irrigated. Mr. Holloway stated the reasoning for the request for the graveled parking stalls were to minimize run-off and allow for permeable surfaces to reduced the required storm water detention. He stated the landscaped areas would be irrigated and the site would maintain a 24-hour attendant. Mr. Harvey Hargrove, President of Town and County Neighborhood Association, addressed the Commission in opposition. He stated his neighborhood would be the most affected by the development when customers missed their turn into the park. He stated the RV’s would then travel to the first right, McDaniel Drive, and travel through his neighborhood to return to the park. He stated McDaniel Drive was not adequate to August 30, 2007 ITEM NO.: D (Cont.) FILE NO.: Z-3150-I 12 handle large RV’s both from the construction of the streets to the widths of the streets. He stated presently school buses and cars could not pass because of the existing street width. He stated he did not feel the construction material of the street would stand up to RV traffic due to the present base of the street. Mr. Hargrove stated his neighborhood was concerned with the transient population and the potential for a criminal element passing through the area. Mr. John Honea addressed the Commission in opposition. He stated his neighborhood would be the least affected by the RV’s until they unhooked their tow vehicle. He stated once the visitors started traveling throughout the City they would travel Mabelvale Pike to exit the area creating additional traffic on the area streets. He stated he was concerned with the allowance of a 30 day stay. He stated most RV parking patrons were in and out in one to two days. He stated the development as proposed would create a hardship on the adjoining Village Green Apartments. He stated the visitors would be entering and exiting very close to the back doors of these residences. Ms. Pat Gee, Vice President of Southwest Little Rock United for Progress, addressed the Commission in opposition. She stated Southwest UPS had voted to support the neighborhood in their opposition. She requested the Commission deny the request. Mr. Holloway stated when attending the neighborhood meeting when the development was first presented the development did not have any votes. He stated by the end of the meeting it was a 50/50 split with Mr. Honea breaking the tie. He stated with proper signage the patrons could be directed to the site with minimal impact on the neighborhood. He stated the site was an appropriate site for the proposed use. He stated the site was located adjacent to a freeway with access from both east and west bound traffic. He stated the vehicles were not heavy vehicles since for the most part the vehicle carried air with a few linens. He stated the vehicles were not noisy and would not impact the adjoining residences with the near the magnitude as a commercial development. He stated he had worked with staff to develop a quality development and felt the development would be an asset to the neighborhood and the City. A motion was made to approve the request. The motion failed by a vote of 1 ayes, 8 noes, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 1 FILE NO.: Z-8244 NAME: Simone’s Home - Group Home – Special Use Permit LOCATION: 3400 West 14th Street APPLICANT: Stephanie Johnson OWNER: Stephanie Johnson/Simone’s Home PROPOSAL: A Special Use Permit is requested to allow a group home to be operated in the residential structure located on the R-3 zoned property at 3400 West 14th Street. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Stephens Area Faith, Pine to Woodrow, Hope and Forest Hills Neighborhood Associations were notified of the public hearing. B. Public Works Issues: 3400 West 14th Street is located at the northwest corner of West 14th Street and S. Martin Street. The property contains a two-story frame residential structure with basement level. There is an alley right-of-way along the rear (north) property line. The property contains no off-street parking. There is on-street parking along both West 14th and S. Martin Streets. The residential structure appears to have been used as a multifamily structure in the past. Most of the surrounding properties contain single family residences and are zoned R-3. There is a church to the east, with some R-4 and R-5 zoning to the southeast and northwest. There are also some vacant lots in the area. The applicant, Stephanie Johnson, proposes to utilize the existing 3,000 square foot residential structure as a group home. The proposed group home will house up to six (6) girls, ages 12-18, who are in long-term foster care. The home will specialize in sibling groups. There will be one (1) full-time house parent. The applicant notes that the group home will “provide a safe, family-style environment to teach life skills, so the girls are prepared for independent living as they age out of the foster care system”. August 30, 2007 ITEM NO.: 1 (Cont.) FILE NO.: Z-8244 2 The residents/clients and house parent will reside in three (3) downstairs bedrooms and one (1) upstairs bedroom. There will be two (2) girls in each of three (3) bedrooms. The house parent will reside in one (1) of the downstairs bedrooms. The site is not located on a CATA bus route. Bus Route #3 (Baptist Medical Center Route) runs along West 12th Street to the north. The applicant has noted that the home will provide any transportation needs to the residents. The home will have a 10-passenger van. The applicant has noted that a small parking area will be constructed in the rear yard for the van and one (1) or two (2) additional vehicles. The parking area will be accessed from the alley. The applicant provided a copy of the Bill of Assurance for this neighborhood. The document was recorded in 1890 and is not legible. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or August 30, 2007 ITEM NO.: 1 (Cont.) FILE NO.: Z-8244 3 probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi- public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to an area survey, there are four (4) similar type transitional residential facilities within 1,500 feet of the property. The facilities are as follows: Florence Crittenden Home: 3600 West 11th Street The Florence Crittenden Home has the capacity to serve youth up to 17 years old of age. This home’s maximum accommodation is nine (9) children. Will House: 1200 S. Valentine Street The Will House is rehabilitation for recovering substance abuse. This facility will accommodate sixteen (16) men. August 30, 2007 ITEM NO.: 1 (Cont.) FILE NO.: Z-8244 4 Missionary of Charity House: 1002 Oak Street The Missionary of Charity House is a facility that is operated by the Catholic Diocese of Little Rock. This is a home for homeless women. The facility has a capacity to house eleven (11) women. 4017 and 4019 West 12th Street: Z-File No. 7725 On March 2, 2006, a special use permit was granted to the Black Community Developers, Inc. to allow use of a duplex on “R-4” zoned property as a residential facility that houses participants in a substance abuse program; up to twelve (12) women, six (6) per unit. Staff is supportive of the requested special use permit to allow a group home at 3400 West 14th Street. Although staff’s survey of the area revealed four (4) other similar type transitional residential facilities, staff feels the group home as proposed will have a minimal impact on the neighborhood. A maximum of only seven (7) people will reside in the structure. As noted previously, the residential structure appears to have been used as a multifamily structure in the past, with four (4) or five (5) units. Staff believes the proposed group home for the care of up to only six (6) girls will have no adverse impact on the surrounding properties or the general area. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007) Stephanie Johnson was present, representing the application. Staff briefly described the proposed group home use, noting that some additional information was needed. In response to a question from the Committee, Ms. Johnson noted that transportation will be provided to the residents. She noted that some off- street parking will be provided in the rear yard off the alley. She noted that additional information will be provided to staff. After the discussion, the Committee forwarded the issue to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the requested Special Use Permit to operate a group home at 3400 West 14th Street, subject to the following conditions: August 30, 2007 ITEM NO.: 1 (Cont.) FILE NO.: Z-8244 5 1. The Fire Marshall must approve use of the structure as a group home. 2. The group home must be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. 3. Paved/concrete parking must be provided in the rear yard area for at least two (2) vehicles, prior to operation of the group home. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 2 FILE NO.: LU07-17-01 Name: Land Use Plan Amendment - Crystal Valley Planning District Location: 7600 & 7610 Stagecoach Road Request: Mixed Use to Commercial Source: David Austin PROPOSAL / REQUEST: The request is for a Land Use Plan amendment in the Crystal Valley Planning District from Mixed Use to Commercial. Commercial represents a broad range of retail and wholesale sales. Commercial uses can vary in scale and type. The applicant has proposed a rezoning for a construction office and rental office space. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area south and adjacent to the application area. With these changes, the existing Commercial would be expanded further east. This expansion makes the amendment more logical. EXISTING LAND USE AND ZONING: The amendment area is currently zoned O-1 Quiet Office and R-2 Single Family. The property is approximately 3 acres and is used for a construction office and two single- family residences. To the north is zoned R-2 and is vacant and undeveloped. To the east of this site is also all R-2 and has single-family residences along Stagecoach past McHenry Creek to Brodie Lane. To the south is also zoned R-2 and is undeveloped floodplain. To the southwest is zoned C-2 and Planned Commercial Development for D’s Catering, a vacant building for lease, and Horticare (down Sibley Hole Road). Immediately west of the application area is zoned R-2 with a Conditional Use Permit to allow Dreamland Child Development Center. West of this is also zoned R-2, but it is occupied by Our Place Bar and Grill. This use is permitted by the grandfather clause. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is currently shown on the Future Land Use Plan as Mixed Use. It is located just east and adjacent to an area shown as Commercial on the plan. The Mixed Use extends east along Stagecoach Road and is buffered from the surrounding Single Family by a strip of Park/Open Space, which designates McHenry Creek’s floodway. Park/Open Space also surrounds the amendment area to the south to recognize the floodway of Fourche Creek. August 30, 2007 ITEM NO.: 2 (Cont.) FILE NO.: LU07-17-01 2 There have been no recent amendments in this area. The amendment area was changed from Single Family to Commercial, Mixed Use and Park/Open Space in 1995 by Ordinance 17059. MASTER STREET PLAN: Stagecoach Road is shown as a Principal Arterial 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach since it is a Principal Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site since this street is currently a two-lane road. BICYCLE PLAN: The Master Street Plan bicycle section shows a Class II bike route proposed 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, the application area is within eight blocks of a park or open space. Fourche Creek’s floodplain is located just east of this area and is designated as Park/Open Space on the Future Land Use map. 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 Westwood-Stagecoach Dodd- Pecan Lake Neighborhood Action Plan. The Zoning and Land Use goal states: “Protect the residential integrity of the neighborhood by maintaining adequate separation or sufficient buffering between residential and non-residential uses.” ANALYSIS: The amendment area is located just east of the intersection of Interstate 430 and Stagecoach Road. It is currently being used for residential houses and a small office and is shown as Mixed Use on the Future Land Use Plan. Mixed Use requires a Planned Zoning Development if the property is not going to be a mixture of residential, office and commercial. The applicant has requested a change in zoning from R-2 and August 30, 2007 ITEM NO.: 2 (Cont.) FILE NO.: LU07-17-01 3 O-1 to C-3 General Commercial, so a Land Use Amendment was necessary. This area is bordered to the immediate west by Commercial, and this Commercial is a relatively small area. The Mixed Use is buffered from Single Family on the east by a strip of Park/Open Space, which represents the floodway of McHenry Creek. The proposed amendment would change approximately 16 acres of land from Mixed Use to Commercial. This would increase the amount of Commercial at this location from 13.75 acres to almost 30 acres. As of this writing, there are 54.25 acres of Mixed Use at this amendment area. This amendment would reduce the amount of Mixed Use to approximately 38 acres. With this amendment, the land between Interstate 430 and McHenry Creek would be split more equally between Commercial and Mixed Use. The area has a real need for more commercial sites. Currently, residents of the Pecan Lake and Stagecoach neighborhoods have to drive north to Colonel Glenn or west on Stagecoach past the interstate for Commercial uses. The Mixed Use category is usually assigned to an area in order to add the extra protection of a Planned Zoning District requirement. Staff does not feel this site needs this special requirement due to the large Park/Open Space and the remaining Mixed Use area buffer existing to the east of this site. This area has been mostly dormant for the past twenty years, but new residential developments are currently moving to this area. Woodridge Estates, Waters Edge Estates and Greenwood Acres have all developed recently with new single-family residences. New residents in this area will increase the community’s need for more commercial development. There is one vacant building zoned C-3 southwest of this amendment area, but otherwise there is little to no commercially zoned land available east of the interstate. It is over a mile to the commercial on the west side of Interstate 430, and this land is already mostly developed as well. The Pecan Lake-Stagecoach Dodd-Westwood Neighborhood Action Plan does address this issue. Their Land Use and Zoning goal states: “Protect the residential integrity of the neighborhood by maintaining adequate separation or sufficient buffering between residential and non-residential uses.” This amendment would not only be buffered by the remaining Mixed Use shown on the Plan, but also by the wide strip of Park/Open Space that crosses Stagecoach northeast of the amendment site. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Southwest Little Rock United for Progress and Stagecoach Dodd. Staff has received one comment from an area resident. The resident was not in favor of the change. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. August 30, 2007 ITEM NO.: 2 (Cont.) FILE NO.: LU07-17-01 4 PLANNING COMMISSION ACTION: (AUGUST 30, 2007) Brian Minyard, City Staff, made a brief presentation to the commission. Monte Moore made a presentation of item 2.1 so the discussion could coincide with the discussion for item 2. See item 2.1 for a complete discussion concerning the rezoning item. Mr. Minyard, at the request of Commissioner Adcock, briefly explained the Future Land Use plan and the amendment to Mary McKewen, a resident of the area. A motion was made to approve the item as presented. The item was approved with a vote of 8 ayes, 1 noes, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 2.1 FILE NO.: Z-6064-A Owner: David Austin Applicant: David Austin Location: 7600/7610 Stagecoach Road Area: Approximately 4.25 Acres Request: Rezone from R-2 and O-1 to C-3 Purpose: Future commercial development Existing Use: Single family residence and construction company SURROUNDING LAND USE AND ZONING North – Single family residence on large tract; zoned R-2 South – Single family residence, day care center, night club; zoned R-2 East – Single family residences on large tracts (across Stagecoach Road); zoned R-2 West – Interstate 430 A. PUBLIC WORKS COMMENTS: 1. Stagecoach 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. At the time of expansion on the existing property, provide design of street conforming to the Master Street Plan. Construction of one-half street improvement to Stagecoach Road including 5-foot sidewalks will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Stagecoach-Dodd and August 30, 2007 ITEM NO: 2.1 (Cont.) FILE NO.: Z-6064-A 2 SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Crystal Valley Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a rezoning from R-2 Single Family and O-1 Quiet Office to C-3 General Commercial. A land use plan amendment for a change to Commercial is a separate item on this agenda. Master Street Plan: Stagecoach Road is shown as a Principal Arterial 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach since it is a Principal Arterial. Bicycle Plan: The Master Street Plan bicycle section shows a Class II bike route proposed 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 Westwood- Stagecoach Dodd-Pecan Lake Neighborhood Action Plan. The Zoning and Land Use goal states: “Protect the residential integrity of the neighborhood by maintaining adequate separation or sufficient buffering between residential and non-residential uses.” E. STAFF ANALYSIS: David Austin, owner of the 4.25 acres located at 7600/7610 Stagecoach Road, is requesting to rezone the property from “R-2” Single Family District and “O-1” Quiet Office District to “C-3” General Commercial District. The rezoning is proposed for future commercial development. August 30, 2007 ITEM NO: 2.1 (Cont.) FILE NO.: Z-6064-A 3 Two (2) single family type structures currently occupy the 4.25 acre property. The one-story frame structure at 7610 Stagecoach Road is occupied by Austin Construction Company and is zoned O-1. The lot at 7600 Stagecoach Road contains a one-story brick and frame single family residence. There are associated accessory buildings located on the property. The general area at the intersection of Stagecoach Road and I-430 contains a mixture of uses and zoning. Single family residences on large lots are located to the north and east (across Stagecoach Road). There is a single family residence, day care center and night club located to the south. There are two (2) commercial buildings and a plant nursery located further to the southeast. There are various non-residential uses to the southwest, across I-430. The City’s Future Land Use Plan designates this property as Mixed Use. The applicant has filed an application to amend the Future Plan to Commercial. This is a separate item (Item 2.) on this agenda. Staff is supportive of the requested zoning and change to the Land Use Plan. Staff views the requested C-3 zoning as reasonable. The property immediately to the south is designated as “Commercial” on the Future Land Use Plan. Staff believes extending the “Commercial” designation to encompass this property and zoning it to C-3 will have no adverse impact on the adjacent properties or the general area. There are currently non- residential uses to the south, with a “Mixed Use” Land Use Plan designation to the east, across Stagecoach Road. There will continue to be “Mixed Use” to the north, between this property and the creek, which will serve as a transition area to the “Residential” designation further north. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) David Austin was present, representing the application. There was one (1) objector present. Staff presented the item with a recommendation of approval. David Austin addressed the Commission in support of the application. He gave a brief history of the property. He noted that traffic in the area had greatly increased in recent years. He also noted that there is single family rental property in the area. He explained that he planned to rent the residential structure as an office and keep Austin Construction Company in the other structure, unless a buyer for the property came along. August 30, 2007 ITEM NO: 2.1 (Cont.) FILE NO.: Z-6064-A 4 Mary McKewen, of 7615 Stagecoach Road, addressed the Commission in opposition. She expressed concern with what will happen to the property if it is zoned commercial. She noted that she did not want a business to go on the property across from her house. Commissioner Adcock asked about the O-1 zoned portion of the property. Staff noted that Mr. Austin operated an office on the O-1 property. Ms. McKewen’s property was briefly discussed. Commissioner Adcock noted that Ms. McKewen’s property is included in the Land Use Plan Amendment to Commercial. Commissioner Adcock asked Ms. McKewen if she objected. Ms. McKewen noted that she did not understand all aspects of the application. The issue was briefly discussed. Brian Minyard, Planning Staff, briefly explained aspects of the Land Use Plan to Ms. McKewen. There was a motion to approve the requested C-3 rezoning. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application was approved. August 30, 2007 ITEM NO.: 3 FILE NO.: Z-8245 Owner: Idell Roberts and heir Juanita Roberts Applicant: Juanita Roberts Location: 3615 East 36th Street Area: 0.25 Acre Request: Rezone from R-3 to R-7A Purpose: Single wide manufactured home Existing Use: Single wide manufactured home SURROUNDING LAND USE AND ZONING North – Single family residences (including manufactured homes); zoned R-3 South – Single family residences (including manufactured homes); zoned R-3 East – Single family residences (including manufactured homes); zoned R-3 West – Single family residences (including manufactured homes); zoned R-3 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #20 (College Station Route) runs along Frazier Pike to the west. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the College Station Neighborhood Association were notified of the public hearing. August 30, 2007 ITEM NO: 3 (Cont.) FILE NO.: Z-8245 2 D. LAND USE ELEMENT: This request is located in the College Station Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-3 Single Family to R-7A Manufactured Home District. The request does not require a change to the Land Use Plan. Master Street Plan: East 36th 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Juanita Roberts, owner of the lot at 3615 East 36th Street, is requesting to rezone the property from “R-3” Single Family District to “R-7A” Manufactured Home District. The property owner is proposing placement of a single-wide manufactured home (60.3 feet by 18 feet) on the property. The home is a 2007 model and was recently placed on the property. The structure is located approximately 14 feet (25 feet minimum required) from the front (north) property line, approximately twenty-two (22) feet (25 feet minimum required) from the rear (south) property line, twenty-five (25) feet (5 feet minimum required) from the west side property line and nineteen (19) feet from the east side property line (5 feet minimum required). Setback variances are requested for the reduced front and rear setbacks. Single family residential structures, including manufactured homes, are located north, south, east and west of the property. There are a number of other manufactured homes in the general area. The area is located August 30, 2007 ITEM NO: 3 (Cont.) FILE NO.: Z-8245 3 outside the Little Rock city limits, but within the City’s Extraterritorial jurisdiction. The City’s Future Land Use Plans designates this property as Single Family. The requested R-7A zoning does not require a change to the Land Use Plan. The R-7A Zone District is a site plan review district. The following are the siting criteria for manufactured homes in the R-7A District as per Section 36-262(d)(2) of the City’s Zoning Ordinance: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. On August 14, 2007 the applicant submitted additional information to staff, as requested at the Subdivision Committee meeting. The applicant submitted the year model of the home and requested the needed variances. The applicant also noted on the site plan parking for two (2) vehicles. Staff is supportive of the requested R-7A rezoning. Staff views the request as reasonable. As noted above, there are a number of other manufactured homes in this residential area of College Station. Most of these manufactured homes are nonconforming and have existed as part of the neighborhood for a number of years. Therefore, the placement of the manufactured home at 3615 East 36th Street is not out of character with the neighborhood. To staff’s knowledge the proposed manufactured home will comply with the siting criteria found in Section 36-262(d)(2) of the City’s Zoning Ordinance. Staff believes the requested R-7A zoning will have no adverse impact on the adjacent properties or the general area. F. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007) Juanita Roberts was present, representing the application. Staff described the proposed rezoning and placement of a single-wide manufactured home. Staff noted that a variance needed to be requested August 30, 2007 ITEM NO: 3 (Cont.) FILE NO.: Z-8245 4 for reduced front and rear setbacks. Staff also requested the year model of the structure. Ms. Roberts noted that the new manufactured home did not replace an older home removed from the site. After the discussion, the Committee forwarded the issue to the full Commission for resolution. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning, subject to the following conditions: 1. Compliance with the siting criteria as per Section 36-262(d)(2) of the City’s Zoning Ordinance. 2. Staff also recommends approval of the requested setback variances. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) Staff informed the Commission that the applicant submitted a letter to staff on August 14, 2007 requesting the application be deferred to the October 11, 2007 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 11, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 4 FILE NO.: Z-8246 Owner: Joe Albert Applicant: Joe Albert Location: 9601 Interstate 30 Area: 0.47 Acre Request: Rezone from C-3 to I-1 Purpose: Heat and air business Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North – Mixed commercial and light industrial uses (across I-30); zoned C-3, C-4 and I-2 South – Mixed light industrial uses; zoned I-2 East – Motel and night club; zoned R-2, C-3 and I-2 West – Mixed commercial and light industrial uses; zoned C-3 and I-2 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the West Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 General Commercial to I-1 Industrial Park District. August 30, 2007 ITEM NO: 4 (Cont.) FILE NO.: Z-8246 2 This amendment site is on the boundary of Commercial and Industrial and since our Plan is meant to be general a plan amendment is not required. Master Street Plan: I-30 is shown as a Freeway on the Master Street Plan and Distribution Drive is shown as a Local Street. These streets may require dedication of right- of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: Existing or proposed Class I, II or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Chicot West I-30 South Neighborhood Action Plan. The Economic Development goal states: “Attract more light industrial uses to the area.” E. STAFF ANALYSIS: Joe Albert, owner of the 0.47 acre property at 9601 Interstate 30, is requesting to rezone the property from “C-3” General Commercial District to “I-1” Industrial Park District. The rezoning is proposed to allow use of the property as a heating and air business. The 0.47 acre property is occupied by a one-story vacant commercial building within the east half of the property. The building previously housed a restaurant use. There is paved parking on the north, south and west sides of the building. A driveway from the I-30 frontage road serves as access. The general area contains a mixture of commercial and industrial uses. There are mixed uses and zoning north (across I-30) and west of the site. There is a motel and night club immediately to the east. A light industrial subdivision is located to the south. The City’s Future Land Use Plan designates this property as “Commercial”. The requested I-1 zoning will not require as amendment to August 30, 2007 ITEM NO: 4 (Cont.) FILE NO.: Z-8246 3 the Land Use Plan based on the fact that the property is on a boundary line between Commercial and Light Industrial designations. Staff is supportive of the requested zoning. Staff views the request as reasonable. Although the City’s Future Land Use Plan shows Commercial for this tract, it is on a boundary line, with a Light Industrial designation immediately to the east. Additionally, the property immediately west and south of this tract are zoned “I-2” Light Industrial, and a large industrial subdivision is located to the south along Distribution and Production Drives. The applicant proposes to use the property for a heat and air business. Staff believes the proposed rezoning and use of the property will have no adverse impact on the adjacent properties or the general area. The requested I-1 zoning is a site plan review district. Any future redevelopment of the property will require a site plan approved by the Planning Commission. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-1 rezoning. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 5 FILE NO.: Z-8247 Owner: Shontonia Stephens and Gregory Roberts Applicant: Shontonia Stephens Location: 4216 East 38th Street Area: 0.17 Acre Request: Rezone from R-3 to R-7A Purpose: Single wide manufactured home Existing Use: Single wide manufactured home SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-3 South – Vacant property (across East 38th Street); zoned R-3 East – Single family residence and vacant property; zoned R-3 West – Single family residence and vacant property; zoned R-3 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #20 (College Station Route) runs along Frazier Pike to the south. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the College Station Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the College Station Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a rezoning from R-3 Single Family to R-7A Manufactured Home District. August 30, 2007 ITEM NO: 5 (Cont.) FILE NO.: Z-8247 2 The request does not require a change to the Land Use Plan. Master Street Plan: East 38th 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Shontonia Stephens, owner of the lot at 4216 East 38th Street, is requesting to rezone the property from “R-3” Single Family District to “R-7A” Manufactured Home District. The property owner is proposing placement of a single-wide manufactured home (72.4 feet by 16 feet) on the property. The home is a 2005 model and was recently placed on the property. The structure is located approximately 20 feet (25 feet minimum required) from the front (south) property line, approximately fifty-one (51) feet (25 feet minimum required) from the rear (north) property line, seven (7) feet (5 feet minimum required) from the west side property line and twenty-one (21) feet from the east side property line (5 feet minimum required). A setback variance is requested for the reduced front setback. Single family residential structures and vacant property are located in this general area. There are also a number of other manufactured homes in the general area. The area is located outside the Little Rock city limits, but within the City’s Extraterritorial jurisdiction. The City’s Future Land Use Plan designates this property as Single Family. The requested R-7A zoning does not require a change to the Land Use Plan. The R-7A Zone District is a site plan review district. The following are the siting criteria for manufactured homes in the R-7A District as per Section 36-262(d)(2) of the City’s Zoning Ordinance: August 30, 2007 ITEM NO: 5 (Cont.) FILE NO.: Z-8247 3 a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. On August 14, 2007 the applicant submitted additional information to staff as requested at the Subdivision Committee meeting. The applicant submitted the year model of the home and requested the needed front setback variance. The applicant also documented the site plan showing parking for two (2) vehicles. Staff is supportive of the requested R-7A rezoning. Staff views the request as reasonable. As noted above, there are a number of other manufactured homes in this residential area of College Station. Most of these manufactured homes are nonconforming and have existed as part of the neighborhood for a number of years. Therefore, the placement of the manufactured home at 4216 East 38th Street is not out of character with the neighborhood. To staff’s knowledge the proposed manufactured home will comply with the siting criteria found in Section 36-262(d)(2) of the City’s Zoning Ordinance. Staff believes the requested R-7A zoning will have no adverse impact on the adjacent properties or the general area. F. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007) Shontonia Stephens was present, representing the application. Staff described the proposed rezoning and placement of a single-wide manufactured home. Staff noted that a variance was needed for a reduced front setback. Staff also requested the year model of the home and noted that parking needed to be shown on the site plan. Ms. Stephens noted that no manufactured home previously existed on the site. After the discussion, the Committee forwarded the issue to the full Commission for resolution. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning, subject to the following conditions: August 30, 2007 ITEM NO: 5 (Cont.) FILE NO.: Z-8247 4 1. Compliance with the siting criteria as per Section 36-262(d)(2) of the City’s Zoning Ordinance. 2. Staff also recommends approval of the requested setback variance. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) Staff informed the Commission that the applicant submitted a letter to staff on August 14, 2007 requesting the application be deferred to the October 11, 2007 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 11, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 6 FILE NO.: Z-8249 Owner: Michael and Bonnie Eilers Applicant: William Ford, TNC, LLC Location: East of 15500 Lawson Road (north side) Area: 7.69 Acres Request: Rezone from R-2 to I-1 Purpose: Office, shop building and construction equipment yard Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Undeveloped property (across Lawson Road); zoned R-2 and I-1 East – Undeveloped property; zoned R-2 West – Concrete plant, welding shop and mini-warehouse development; zoned I-3 A. PUBLIC WORKS COMMENTS: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. At the time of site development, provide design of street conforming to the Master Street Plan. Construction of one-half street improvement to Lawson Road including 5-foot sidewalks will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR United for Progress Neighborhood Association were notified of the public hearing. August 30, 2007 ITEM NO: 6 (Cont.) FILE NO.: Z-8249 2 D. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Light Industrial for this property. The applicant has applied for a rezoning from R-2 Single Family to I-1 Industrial Park District. The request does not require a change to the Land Use Plan. Master Street Plan: Lawson 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I bike route is shown on the Master Street Plan bicycle section just south of Lawson Road. 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Michael and Bonnie Eilers, owner of the 7.69 acre property located along the north side of Lawson Road east of 15500 Lawson Road, are requesting to rezone the property from “R-2” Single Family District to “I-1” Industrial Park District. The rezoning is proposed for development of the property for an office, shop building and construction equipment yard. The 7.69 acre property is currently undeveloped. There is a cut hillside along the north and east boundaries of the property. There is some concrete pavement on the property, remnants of previous use. The general area contains a large amount of undeveloped property. There is undeveloped R-2 zoned property to the north and east. Undeveloped R-2 and I-1 zoned property is located across Lawson Road August 30, 2007 ITEM NO: 6 (Cont.) FILE NO.: Z-8249 3 to the south, with a welding shop to the southwest. A concrete plant, welding business and mini-warehouse development are located to the west, along the north side of Lawson Road. There is an old mining operation to the northwest. The City’s Future Land Use Plan designates this property as “Light Industrial”. The requested I-1 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested zoning. Staff views the requested rezoning as reasonable. The City’s Future Land Use Plan designates this property and the properties immediately east and west as “Light Industrial”. There are currently industrial uses located immediately west of the site. The proposed I-1 rezoning will be a continuance of the established zoning pattern along the north side of Lawson Road in this area. Staff believes the proposed rezoning and use of the property will have no adverse impact on the adjacent properties or general area. The requested I-1 zoning is a site plan review district. Any future development of the property will require a site plan approved by the Planning Commission. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-1 rezoning. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 7 FILE NO.: S-1585 NAME: L. M. Glasfiber Subdivision – Site Plan Review LOCATION: South side of Lindsey Road, east of Fourche Dam Pike DEVELOPER: L. M. Glasfiber c/o CPQP International 105 Shore Vista Lane Greer, SC 29651 ENGINEER: Garver Engineers 1010 Battery Street Little Rock, AR 72202 AREA: 135 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF ZONING: I-3 ALLOWED USES: Heavy Industrial PROPOSED USE: Manufacture of wind turbine blades VARIANCES/WAIVERS REQUESTED: Height variance to allow height of 65 feet A. PROPOSAL/REQUEST: L. M. Glasfiber is proposing the multi-phased development of a facility for the manufacture and distribution of wind turbine blades on this I-3 zoned, 135± acre tract. B. EXISTING CONDITIONS: The site is located within the Little Rock Port Authority Industrial District. Surrounding properties are zoned I-3 and contain a variety of manufacturing and heavy industrial uses. This site is currently undeveloped. The property has frontage on Lindsey Road and Frazier Pike with access to rail, interstate and the slackwater harbor. August 30, 2007 ITEM NO.: 7 (Cont.) FILE NO.: S-1585 2 C. NEIGHBORHOOD COMMENTS: All property owners located within 200 feet of the site and the Hermitage Neighborhood Association were notified of the proposal. As of this writing, staff has received no comments. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. Since the property is in the Little Rock Port Authority, storm water detention will not apply to the proposed development. 3. If disturbed area is one 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 available to this property. Entergy: No comments received. Center-Point Energy: No comments received. AT & T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement with Central Arkansas Water is required. Central Arkansas Water will assess a Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. August 30, 2007 ITEM NO.: 7 (Cont.) FILE NO.: S-1585 3 When available the developer should supply Central Arkansas Water with information regarding the required process and domestic water requirements (per day and maximum per minute) and the maximum fire flow requirements (maximum per minute and duration). It is not known whether this development will have significant impact on the existing Central Arkansas Water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not directly located on a CATA bus route. A bus route is located just west of the site, along Fourche Dam Pike. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No Comments. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. A fifty (50) foot deep landscaped buffer is required along the perimeters of both street frontages. 3. A nine (9) foot wide perimeter landscape strip is required within the front yard setback of both streets. 4. Interior landscape islands and building landscape areas are required in conjunction with the parking lots. 5. All landscape areas are to be irrigated and landscape plans must be stamped with the seal of a registered landscape architect. 6. Landscape planting details are available in Chapter 15 of the Code of Ordinances. 7. Dumpsters and trash containment areas must be screened. Screening is to exceed the height of the dumpsters and trash containment areas by at least two (2) feet. G. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007) Mr. Troel Thomson was present representing L. M. Glasfiber. Staff presented the item and noted little additional information was needed. Public Works, Landscape and Utility Comments were noted. Staff informed the Committee that August 30, 2007 ITEM NO.: 7 (Cont.) FILE NO.: S-1585 4 detailed site development plans would be submitted at the time of building permit. Staff asked the applicant to provide building heights. Staff also commented that vehicular use areas would need to be paved and signage would have to comply with Industrial District standards. The Committee determined there were no other issues and forwarded the item to the full Commission. H. ANALYSIS: L. M. Glasfiber, a Denmark-based windmill blade manufacturer, proposes the multiphased development of facilities for the manufacture and distribution of wind turbine blades on this I-3 zoned, 135 acre tract. The property is located in the Little Rock Port Industrial Park. The proposed development is anticipated to be constructed in four phases consisting of multiple manufacturing buildings, administrative facilities, warehousing, a repair workshop and a training facility. The company seeks to employ close to 500 employees by the end of the first phase of the project and will expand to 1,000 employees as the subsequent phases develop. The site will contain vehicular parking for 1,000 vehicles, with primary vehicular access being off of Frazier Pike. Truck access will be off of Frazier Pike and Lindsey Road. A portion of the site will be used for exterior storage of the finished product awaiting shipment. Transport options include interstate, rail and barge. It is anticipated that the buildings and stacks will have a height of 65 feet, slightly taller than the 60 feet allowed in I-3. This minor height variance is negligible due to the size of the site. Due to the scale of the project, the minutia of site plan details are not readily evident. Detailed site development plans will be submitted at the time of building permit. The site plan is sufficient to determine that the project does comply with ordinance standards for development of the site. Building setbacks and parking numbers exceed ordinance minimums. There is sufficient area on the site to provide the ordinance required landscaping. No screening or buffering is required, other than street buffer, since the surrounding properties are also zoned I-3. To staff’s knowledge, there are no outstanding issues. August 30, 2007 ITEM NO.: 7 (Cont.) FILE NO.: S-1585 5 I. STAFF RECOMMENDATIONS: Staff recommends approval of the proposed site plan subject to compliance with the comments and conditions outlined in Sections D, E and F of the agenda staff report. Staff recommends approved of the height variance request subject to approval by the Airport Commission. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 8 FILE NO.: Z-3739-B NAME: St. James United Methodist Church – Revised Conditional Use Permit LOCATION: 321 Pleasant Valley Drive OWNER/APPLICANT: St. James United Methodist Church/Jay Taylor PROPOSAL: A revision to the previously approved conditional use permit for this existing church is requested to allow for the addition of a columbarium. 1. SITE LOCATION: The church is located on the south side of Pleasant Valley Drive, west of I-430. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has existed at this site for many years and is currently undergoing an expansion. I-430 is adjacent to the east, a multifamily development is adjacent to the south, single-family residences are located to the west and an elementary school and water plant are located across Pleasant Valley Drive to the north. The proposed columbarium gardens are located within the church campus. Allowing the use will not affect the church’s continued compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Pleasant Valley Property Owners Association were notified of this request. 3. ON SITE DRIVES AND PARKING: All parking on the church site will remain. The proposed addition of the columbarium will not generate the need for additional parking. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. August 30, 2007 ITEM NO.: 8 (Cont.) FILE NO.: Z-3739-B 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comments received. CenterPoint Energy: No comments received. AT&T (SBC): No comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007) The applicants were present. Staff gave a description of the proposal and noted there were no additional comments. Staff noted there was an active construction project already occurring on the site and the typical staff comments had been addressed in the building permit review for the construction. There was no further discussion. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: St. James United Methodist Church occupies the R-2 zoned tract located at 321 Pleasant Valley Drive. The original C.U.P. for the church was approved in 1981. Subsequent revisions in 1998 and 2005 were approved to allow for expansion of the facilities on the site. A separate C.U.P. was also approved to allow for development of a multipurpose facility located across Pleasant Valley Drive. Construction is currently occurring on the church campus, which includes a new sanctuary. St. James Church is now requesting approval of a revision to the C.U.P. to allow for construction and establishment of a columbarium on the church campus. The columbarium gardens will be located mostly within the spaces separating the existing buildings on the site. The columbarium gardens will contain walls with niches for placement of urns containing cremains. The garden areas will likely also contain benches, sculptures and other elements to create a place of worship and meditation. August 30, 2007 ITEM NO.: 8 (Cont.) FILE NO.: Z-3739-B 3 To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. Development of the columbarium gardens within the existing church campus should have no effect on surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested revised C.U.P.; as filed. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. August 30, 2007 ITEM NO.: 9 FILE NO.: Z-8248 NAME: Rainey-Harris Multisectional Manufactured Home – Conditional Use Permit LOCATION: 4310 Garrison Road OWNER/APPLICANT: Donny Rainey and Janice Harris PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned 1.0± acre tract. 1. SITE LOCATION: The tract is located on the south side of Garrison Road; west of Ferndale Cut-Off, east of Jones Loop Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located outside of the city limits, within the City’s extraterritorial jurisdiction. The area around the site is characterized by homes on larger tracts and undeveloped, wooded parcels. The homes range in style from single wide mobile homes and manufactured homes to multisectional manufactured homes and site built homes of varying size and style. The proposed home is not out of character with the homes in the general area around the site. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Greystone POA were notified of this request. 3. ON SITE DRIVES AND PARKING: One on-site parking space is required. There is an existing driveway and ample parking space available on the site. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: Garrison Road is classified as a minor arterial street on the City’s Master Street Plan, requiring a right-of-way of 90 feet or 45 feet either side of the August 30, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8248 2 centerline. There is currently 60 feet of right-of-way or 30 feet either side of the centerline. The proposed manufactured home should be sited so as to provide a 25-foot setback from the MSP right-of-way for a total setback of 70 feet from the centerline to accommodate any future right-of-way dedication. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No water service is available from Central Arkansas Water in this area. Fire Department: Located outside City. Provide statement from local volunteer fire department indicating ability to provide fire protection service. County Planning: Proposed manufactured home must maintain at least an eight (8) foot side yard setback. CATA: Outside of service area. SUBDIVISION COMMITTEE COMMENT: (AUGUST 9, 2007) The applicants were present. Staff presented the item and noted little additional information was needed. Staff requested the applicants provide information on exterior materials and roof pitch and materials. It was noted that an 8-foot minimum side yard setback was required. The Committee discussed the issue of right-of-way for Garrison Road. Staff stated they would review the issue and formalize a recommendation. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for placement of a 32’ X 80’ multisectional manufactured home on the R-2 zoned, 1± acre tract located at August 30, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8248 3 4310 Garrison Road. The property is located outside of the city limits, near the western edge of the City’s extraterritorial jurisdiction. The property currently contains a 21’ X 32’ storage building and the foundation and remnants of a single family dwelling that burned some time ago. The proposed manufactured home will be located in roughly the same location as the previous house, although slightly closer to the front property line. The home will have side yard setbacks of at least 8 feet, a front yard setback of nearly 100 feet and a rear yard setback of nearly 100 feet. The home is a 2003 model, with vinyl siding and a pitched, shingled roof. The site has an existing driveway off of Garrison Road. The applicants have provided a letter of approval from the West Pulaski Volunteer Fire Department and approval from the State Health Department for the septic system. There is no bill of assurance for this acreage tract. Staff is supportive of the proposed C.U.P. The multisectional manufactured home is compatible with other homes in the general area. The homes in this area include mobile homes, single-wide and multisectional manufactured homes and site built homes of varying size and style. The home is proposed to have a front yard setback of 100± feet, addressing staff’s concern that the home be setback at least 70 feet from the centerline of Garrison Road, to accommodate any future right-of-way expansion. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The proposed home must be placed at least 70 feet back of the centerline of Garrison Road. 3. Placement of the home must comply with the following siting criteria from Section 36-254(d)(5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. August 30, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8248 4 d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) The applicants were present. There were several objectors present. Several letters of opposition had been received from area residents. Staff presented the item and a recommendation of approval. The applicants, Donny Rainey and Janice Harris, addressed the Commission. They stated it was their desire to move into the neighborhood and to clean up the site. They stated the immediate neighbors supported their application and the opposition was from persons not living near the site. Howard Backus, of 4410 Garrison Rd., spoke in support. He stated the proposal would result in an opportunity to get the site cleaned up. Walter Murray spoke in opposition. He referred to the letters of opposition and submitted three (3) additional letters. He stated the neighborhood was changing with new homes being built and some of the older mobile homes being removed. Mr. Murray stated there had been no new manufactured homes placed in the area. He stated he was opposed to the application as was everyone else he had spoken with. Bill Marino, of 4812 Garrison Rd., spoke in opposition. He stated he had developed a subdivision of five (5) acre lots and $500,000 homes were being built on them. He stated the character of the area was changing and the proposed manufactured home was not an appropriate use. Catherine Mulkey, of 5024 Jones Loop Rd., spoke in opposition. Donnie Rainey stated all the adjacent neighbors supported their application. He stated he could not afford to build the type of home the opponents wanted. He stated the home would be placed on a permanent foundation and would be a permanent home that would fit in with the area. Mr. Rainey stated they would clean up the site and would make the property look nice. Janice Harris stated their proposed new home would improve the property. August 30, 2007 ITEM NO.: 9 (Cont.) FILE NO.: Z-8248 5 At this point, there were eight (8) of eleven (11) Commissioners present. The Chairman asked the applicants if they wanted to defer their application. They responded that they wished to go forward. A motion was made to approve the application, subject to all staff comments and conditions. The vote was 4 ayes, 4 noes, 2 absent and 1 open position. The item failed. August 30, 2007 ITEM NO.: 10 FILE NO.: 310 NAME: Shoemaker Annexation REQUEST: Accept 216 acres plus or minus to the City LOCATION: South of Lawson Road, between Crystal Valley and Duvall, within Sections 20, 29 and 30, Township 1 North, Range 13 West SOURCE: Andrew Francis, PA, representative for Emprise LLC, Property Owner GENERAL INFORMATION: • The County Judge held a hearing and signed the Annexation Order on July 24, 2007. • The area requested for consideration is currently undeveloped. • There is one owner, the Emprise LLC. • The site is contiguous to the City of Little Rock on a portion of two sides. • The annexation request is to obtain sewer service and other City Services. • The area in question is along south side of Lawson Road between Crystal Valley Road and Duvall. It is continuous to the City along its southwestern boundaries, connecting to an area currently developing as Sienna Lake Subdivision. • Currently the property is zoned Single Family (R-2). • The property owner has indicated they intend to develop this land into some 160 lots for single-family homes. Staff Recommendation: In order to more fully review the issues related to this annexation Staff has requested the item be deferred for six weeks to the October 11, 2007 hearing. PLANNING COMMISSION ACTION: (AUGUST 30, 2007) This item was placed on the consent agenda for deferral to the October 11, 2007 agenda. The consent agenda was passed with a vote of 9 ayes, 0 noes, 1 absent and 1 open position.