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pc_08 03 2006subLITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD August 3,2006 ak00 P.M. Roll Call and Finding of a Quorum A Quorum was present being nine (9)in number. Members Present: Gary Langlais Robert Stebbins Troy Laha Mizan Rahman Jeff Yates Jerry Meyer Fred Allen,Jr. Darrin Williams Chauncey Taylor Members Absent:Pam Adcock Lucas Hargraves City Attorney:Cindy Dawson ill.Approval of the Minutes of the June 22,2006 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA AUGUST 3,2006 OLD BUSINESS: Item Number:File Number:Title A.LU06-17-01 A Land Use Plan Amendment in the Crystal Valley Planning District change from Single-family to Low Density Residential,located West of Colonel Carl Miller Road, North of Baseline Road. A.1.Z-6188-A Eagle Hill West Long-form PD-R,located West of Colonel Carl Miller Road,North of Baseline Road. A.2.A-308 Eagle Hill West Annexation,located along the West side of Colonel Carl Miller Road between Baseline Road and Crystal Valley Road. B LU06-01-02 A Land Use Plan Amendment in the River Mountain Planning District a change from Transition to Mixed Office Commercial,located North of Cantrell Road,West of Pinnacle Valley Road. 8.1.Z-7500-C Reese Revised Long-form PCD,located North of Cantrell Road,West of Pinnacle Valley Road. C.S-981-C One Source Addition Rapist Lot 2,located on the Southeast corner of Chenal Parkway and Kanis Road. D.S-1477-E Two Rivers Harbor Rapist Tracts 1,3R,7 and 8,located on the East end of Isbell Lane. E.LU06-10-02 A Land Use Plan Amendment in the Boyle Park Planning District from Mixed Office Commercial to Commercial, located East of John Barrow Road between Labette Drive and Kanis Road. E.1.Z-8056 Sonic Restaurant —John Barrow Road Short-form PCD, located at 1618 John Barrow Road. Agenda,Page Two OLD BUSINESS:(Continued) Item Number:File Number:Title F.LA-0007 Colonel Glenn 1-430 Timber Harvest,located on the Southwest Corner of Colonel Glenn Road and 1-430. G.LA-0008 Colonel Glenn I-430 Timber Harvest,located on the Northwest corner of Colonel Glenn Road and 1-430. H.LU06-02-01 A Land Use Plan Amendment in the Rodney Parham Planning District,a change from Single-family to Suburban Office H.1.Z-8006 Atkins Short-form POD,located at 100 Santa Fe Trail NEW BUSINESS: PRELIMINARY PLATS: item Number:File Number:Title 1.S-1418-A Stalcup Addition Preliminary Plat,located on the Southeast corner of Taylor I oop Road and Gooch Lane. 2.S-1529 Woodlawn Hills Preliminary Plat,located on the Westward Extension of Forest Maple Court. 3.S-1530 Arkansas Realtors Association Preliminary Plat,located on Executive Center Drive,West of Centerview Drive. 4.S-1531 Whispering Ridge Subdivision Preliminary Plat,located South of Alexander Road,West of Vimy Ridge Road. Agenda,Page Three SITE PLAN REVIEW; Item Number:File Number:Title 5.S-1528 Kroger Subdivision Site Plan Review,located at 8415 West Markham Street. 6.Z-4336-Y Arkansas Children's Hospital Zoning Site Plan Review, located at 11"and Wolfe Streets. PLANNED DEVELOPMENTS: Item Number:File Number:Title 7.Z-4663-C The Shoppes at Montclair Long-form PCD,located at 12226 Kanis Road. 8.Z-5224-K Meramee Specialty Company Revised Short-form PCD, located at 18220 Cantrell Road. 9.Z-5654-C South Square Revised Long-form PCD,located at 11725 Chenal Parkway. 10.Z-7605-B Chevaux Court Revised Short-form POD,located on the Southeast corner of Cantrell Road and Chenonceau Boulevard. 11.Z-7722-A Lagniappe Revised Short-form PD-R,located on the Northwest corner of Walnut and I Streets. 12.Z-7783-C Miracle Development Revised Short-form POD,located at 14929 Cantrell Road. 13.Z-7837-A Fair Hills Circle Revised Short-form PD-R,located on the Southeast corner of West Markham Street and Fairhills Circle. 14.Z-8077 Energy Master Home Short-form PD-C,located at 20801 Colonel Glenn Road. Agenda,Page Four IV.OTHER BUSINESS: Item Number.File Number:Title 15 Z-7839 Summit Heights Short-form PD-R Revocation,located on North Summit Street,just South of Cantrell Road. 16.MSP0603 Text addition of Design Specifications to the Master Street Plan,addition of table with Design Specifications for the construction of roads in Little Rock's Planning Area August 3,2006 ITEM NO.:A FILE NO.:LU06-17-01 Name:Land Use Plan Amendment -Crystal Valley Planning District Location:Westside of Colonel Carl Miller,between Baseline and Crystal Valley Roads Re&coast:Single Family to Low Density Residential Source:Joe White,White-Daters PROPOSAL /REQUEST: The applicant requested this item be deferred on April 27,2006.Staff supports the request for deferral to June 22,2006. PLANNING COMMISSION ACTION:(MAY 11,2006) To allow time filing of an annexation request to be heard with this item,it was placed on consent agenda for deferral to June 22,2006.By a vote of 10 for 0 against (1 absent)the consent agenda was approved. STAFF UPDATE: Staff has asked that this item be deferred to allow time to further discuss the issues on a related request.The applicant indicated a willingness to allow more time for this discussion to occur. PLANNING COMMISSION ACTION:(JUNE 22,2006) The application was placed on consent agenda to August 3,2006.With a vote of 10 for,0 against the consent agenda was approved. STAFF UPDATE (AUGUST 3,2006) Staff and the applicant need additional time to review the issues.Staff recommends deferral to August 17,2006. PLANNING COMMISSION ACTION:(August 3.2006) The item was placed on the consent agenda for deferral to August 17,2006 By a vote of 9 for,0 against and 2 absent the consent agenda was approved. August 3,2006 ITEM NO.:A.1 FILE NO.:Z-6188-A NAME:Eagle Hill West Long-form PD-R LOCATION:Located West of Colonel Carl Miller Road,North of Baseline Road DEVELOPER: Lindsey Development 1183 East Joyce Boulevard F ayetteville,AR 72703-5261 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock,AR 72223 AREA:36.55 acres NUMBER OF LOTS:1 FT.NEW STREET: 0LF CURRENT ZONING:R-2,Single-family and PCD ALLOWED USES:Single-family residential and Auto salvage yard PROPOSED ZONING:PD-R PROPOSED USE:Multi-family and Golf Course VARIANCES/WAIVERS REQUESTED:None requested. The property is located outside the City Limits but within the City's Exterritorial Planning Jurisdiction.The property most be annexed to allow the proposed development access to City services prior to development.Staff recommends this item be deferred to allow the applicant to file the annexation request so the proposed annexation request and rezoning request may be heard by Planning Commission on the same public hearing date. August 3,2006 ITEM NO.:A.1 CONT FILE NO.:Z-6188-A PLANNING COMMISSION ACTION:(MAY 11,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating the property was located outside the City Limits but within the City's Exterritorial Planning Jurisdiction. Staff stated the property must be annexed to allow the proposed development access to City services prior to development.Staff presented a recommendation the item be deferred to the June 22,2006,public hearing to allow the applicant to file the annexation request so the proposed annexation,the land use plan amendment and rezoning requests to all be heard by Planning Commission on the same public hearing date. There was no further discussion of the item.The chair entertained a motion for placement of the item on the consent agenda for deferral.The motion carried by a vote of 10 ayes,0 noes and 1 absent. STAFF UPDATE: Staff is requesting this item be deferred to allow additional time to further discc the issues on a related request.The applicant has indicated a willingness to allow additional time for discussions to occur. PLANNING COMMISSION ACTION:(JUNE 22, 2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating staff was requesting the item be deferred to the August 3,2006,public hearing to allow additional time to further discuss the issues on a related request.Staff stated the applicant had indicated a willingness to allow additional time for discussions to occur. There was no further discussion of the item.A motion was made to approve the deferral request.The motion carried by a vote of 10 ayes,0 noes and 1 absent. STAFF UPDATE:(August 3,2006) There are still unresolved issues related this request.Staff recommends this item be deferred to the August 17,2006,public hearing to allow staff and the applicant additional time to continue to work on resolving the remaining issues associated with the request. 2 August 3,2006 ITEM NO.:A.1 CONT FILE NO.:Z-6188-A PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating there were still unresolved Issues related to the request.Staff presented a recommendation of deferred of the item to the August 17,2006,public hearing to allow staff and the applicant additional time to continue to work on resolving the remaining issues associated with the request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote o f9 ayes,0 noes and 2 absent. 3 August 3,2006 ITEM NO.:A.2 FILE NO.:A-308 NAME:Eagle Hill West Annexation REQUEST:Accept 36.9 acres plus or minus to the City LOCATION:West of Colonel Carl Miller Road,between Baseline and Crystal Valley Roads SOURCE:Randal Frazier,Representative of Owner GENERAL INFORMATION: ~The County Judge held a hearing and signed the Annexation Order on April 18,2006. ~The area requested for consideration is mostly wooded with a structure formerly used as an auto-repair facility. ~There is one owner. ~The site is contiguous to the City of Little Rock on a portion of one side. ~The annexation request is to obtain sewer service and other City Services. ~The area in question is along the west side of Colonel Carl Miller Road, between Baseline And Crystal Valley Roads.It is a rectangle 1289 feet by 1320 feet with a 525 by 232 foot corner removed. ~No islands would be created by this annexation. ~Currently the property is zoned Single Family (R-2),however there is a reclassification of this property before the Planning Commission.A Planned Residential District for 312 units and a nine hole golf course has been proposed. Staff has asked that this item be deferred to allow time to further discuss the issues related to this request.The applicant indicated a willingness to allow more time for this discussion to occur. PLANNING COMMISSION ACTION:(JUNE 22,2006) The application was placed on consent agenda to August 3,2006.With a vote of 10 for,0 against the consent agenda was approved. STAFF UPDATE:(AUGUST 3,2006) Staff and the applicant need additional time to review the issues.Staff recommends deferral to August 17,2006. August 3,2006 ITEM NO.:A.2 Cont.FILE NO.:A-308 PLANNING COMMISSION ACTION:(August 3,2006) The item was placed on the consent agenda for deferral to August 17,2006 By a vote of 9 for,0 against and 2 absent the consent agenda was approved. 2 August 3,2006 ITEM NO.:B FILE NO.:LU06-01-02 Name:Land Use Plan Amendment -River Mountain Planning District Location:North of the Cantrell/Taylor Loop Intersection,south of Ison Creek Re&eoest:Transition to Mixed Office Commercial Source:Pat McGetrick,McGetrick 8 McGetrick PROPOSAL /REQUEST: The applicant requested this item be deferred on April 26,2006.This deferral will be for six weeks until June 22,2006.Staff is not opposed to the deferral. PLANNING COMMISSION ACTION:(MAY 11,2006) At the request of the applicant this item was placed on consent agenda for deferral to June 22,2006.By a vote of 10 for 0 against (1 absent)the consent agenda was approved. STAFF UPDATE: The applicant has no provided the required traffic study for Staff review.Staff can support no action other than deferral or withdrawal at this time. PLANNING COMMISSION ACTION:(JUNE 22,2006) The applicant failed to provide the required traffic study and the item was placed on consent agenda for deferral to August 3,2006.With a vote of 10 for, 0 against the consent agenda was approved. STAFF UPDATE:(August 3,2006) Staff has made an initial review of a traffic study.Issues have been raised which the applicant must address prior to Public Hearing.Staff is therefore asking that this item be placed on Consent Agenda for deferral to September 14,2006. August 3,2006 ITEM NO.:B Cont.FILE NO.:LU06-01-02 PLANNING COMMISSION ACTION:(August 3,2006) The item was placed on the consent agenda for deferral to September 14,2006 By a vote of 9 for,0 against and 2 absent the consent agenda was approved. 2 August 3,2006 ITEM NO.:B.1 FILE NO.:Z-7500-C NAME:Rees Development Long-form PCD LOCATION:North of Cantrell Road,West of Pinnacle Valley Road DEVELOPER: Rees Development Company 12115 Hinson Road Little Rock,AR 72212 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court,Suite A Little Rock,AR 72210 AREA:24.37Acres NUMBER OF LOTS:1 FT.NEWSTREET:0 CURRENT ZONING:PCD and R-2 ALLOWED USES:Commercial,Office/Warehouse and Single-family PROPOSED ZONING:Revised PCD PROPOSED USE:Commercial VARIANCES/WAIVERS REQUESTED:None requested. The applicant submitted a request dated April 27,2006,requesting this item be deferred to the June 22,2006,public hearing.Staff is supportive of the deferral request. PLANNING COMMISSION ACTION:(MAY 11,2006) The applicant was present representing the request.There were no registered objectors present.Staff stated the applicant had submitted a request dated April 27, 2006,requesting the item be deferred to the June 22,2006,Public Hearing.Staff stated they were supportive of the deferral request. June 22,2006 ITEM NO.:B.1 CONT Z-7500-C There was no further discussion of the item.The chair entertained a motion for placement of the item on the consent agenda for deferral.The motion carried by a vote of 10 ayes,0 noes and 1 absent. STAFF UPDATE: The applicant has failed to provide staff with the requested traffic study to determine the effected of the commercial development on the existing street network in the area.Staff recommends this item be deferred to the August 8,2006,Public Hearing to allow the applicant additional time to provide the requested traffic study and allow staff time to review and provide recommendations based on their review. PLANNING COMMISSION ACTION:(JUNE 22,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating the applicant had failed to provide staff with the requested traffic study to determine the effected of the commercial development on the existing street network in the area.Staff presented a recommendation the item be deferred to the August 3,2006,Public Hearing to allow the applicant additional time to provide the requested traffic study and allow staff time to review the traffic study and provide recommendations based on their review. There was no further discussion of the item.A motion was made to approve the deferral request.The motion carried by a vote of 10 ayes,0 noes and 1 absent. STAFF UPDATE:(August 3,2006) The applicant has furnished staff with the requested traffic study.Staff has provided the applicant with their initial comments.The applicant is working to respond to the comments.Staff recommends this item be deferred to the September 14,2006,public hearing to allow staff and the applicant additional time to review the study and resolve any outstanding issues associated with the request. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating the applicant had furnished staff with the requested traffic study.Staff stated they had provided the applicant with their initial comments.Staff stated the applicant was working to respond to the comments. Staff presented a recommendation of deferral of the item to the September 14,2006, public hearing to allow staff and the applicant additional time to continue to work on resolving the remaining issues associated with the request. 2 June 22,2006 ITEM NO.:B.1 CONT Z-7500-C There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 9 ayes,0 noes,and 2 absent. 3 August 3,2006 ITEM NO.:C.S-981-C NAME:One Source Addition Replat Lot 2 LOCATION:Located on the Southeast corner of Chenal Parkway and Kanis Road DEVELOPER: Collier Dickson Flake Partners 400 West Capitol Little Rock,AR 72201 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock,AR 72223 AREA:1.46 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF CURRENT ZONING:C-3,General Commercial District PLANNING DISTRICT:18 —Ellis Mountain CENSUS TRACT:42.10 VARIANCES/WAIVERS REQUESTED:None requested. PLANNING COMMISSION ACTION:AUGUST 3,2006 The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicting the applicant had failed to respond to issues and concerns raised at the June 1,2006,Subdivision Committee meeting. Staff presented a recommendation of deferred to the August 3,2006,public hearing. There was no further discussion of the item.A motion was made to approve the deferral request.The motion carried by a vote of 10 ayes,0 noes and 1 absent. STAFF UPDATE: There are still unresolved issues related this request.Staff recommends this item be deferred to the September 14,2006,public hearing to allow staff and the applicant additional time to continue to work on resolving the remaining issues associated with the request. August 3,2006 ITEM NO.:C CONT FILE NO.:S-981-C PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item stating there were still unresolved issues related to the request.Staff presented a recommendation of deferred of the item to the September 14,2006,public hearing to allow staff and the applicant additional time to continue to work on resolving the remaining issues associated with the request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 9 ayes,0 noes,and 2 absent. AUGUST 3,2006 ITEM NO.:D.S-1477-E NAME:Two Rivers Harbor Replat Tracts 1,3R,7 and 8 LOCATION:located on the East end of Isbell Lane DEVELOPER: Bottom Line,Inc. 24 Isbell Lane Little Rock,AR 72223 ENGINEER: Civil Design Inc. 15104 Cantrell Road Little Rock,AR 72223 AREA:2.29 acres NUMBER OF LOTS:10 FT.NEW STREET:0 LF CURRENT ZONING:R-2,Single-family PLANNING DISTRICT:1 —River Mountain CENSUS TRACT:42.05 VARIANCES/WAIVERS REQUESTED:A variance to allow the development of lots with private streets. PLANNING COMMISSION ACTION:(June 22,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating the applicant had submitted a request dated June 2,2006,requesting a deferral of the item to the August 3,2006,public hearing.Staff stated they were supportive of the deferral request. There was no further discussion of the item.A motion was made to approve the deferral request.The motion carried by a vote of 10 ayes,0 noes and 1 absent. BACKGROUND: On July 21,2005,the Little Rock Planning Commission approved a preliminary plat request which included this site.The request included the development of AUGUST 3,2006 ITEM NO.:D Cont.FILE NO.:S-1477-E an existing 9.66-acre tract of residentially zoned property into five large estate type lots ranging from 1.26 acres up to 2.29 acres and one tract for future development.The developer indicated an average lot size of 1.56 acres.The developer requested a variance from the Subdivision Ordinance to allow the development of lots with private streets served by a 30-foot access and utility easement.The applicant submitted a FTN Certificate ("No Rise/No Impact" statement)as required by Pulaski County for development within the Arkansas River floodway.The lots were to be served by individual septic systems. On February 16,2006,the Little Rock Planning Commission approved a revision to the previously approved preliminary plat for Two Rivers Harbor Subdivision to create two lots from a previously held tract containing 1.31 acres.A "No Rise/No Impact"statement for the overall Two Rivers development was issued in July, 2005.The certificate covered the proposed lots in addition to the five previously approved lots located to the west.The applicant indicated sewer service for the two additional lots would be from a package treatment plat.The applicant provided a NPDES permit from the Arkansas Department of Environmental Quality to allow construction of the package treatment plant as proposed.A variance from the Subdivision Ordinance was approved to allow the development of lots with private streets continued to be served by a 30-foot access and utility easement. A.PROPOSAL: TheA licant's Statement/Pro osal:Timeline ofThe Develo mentofTwo Rivers Harbor: The applicant is requesting three (3)separate subdivision applications —1) a replat of Tract 1 into two tracts,2)a replat of Tract 3 into two tracts,and 3)the final plat of Tract 8 along with a replat of the adjacent Tract 7.Staff has grouped these three separate applications into a single application,S- 1477-E,which the applicant has indicated as incorrect.Although the item will be considered as one Subdivision File Number staff will review each of the proposed items and make a separate recommendation for each of the items to reflect the filing by the applicant. According to the applicant it appears that staff's comments assume that the applicant is resubmitting the entire Two Rivers Harbor subdivision for replatting and the applicant has stated that is not the case.Since the City approved the final plat for Two Rivers Harbors the applicant has sold several lots in the subdivision.Accordingly,the applicant does not have the authority to submit a replat of the entire Two Rivers Harbor subdivision.It is also not the applicant's intent to replat the entire subdivision.Only those lots referenced in the three applications are currently before the Planning Commission for consideration as noted above. 2 AUGUST 3,2006 ITEM NO.:D Cont.F I LE NO.:S-1477-E To understand why the applicant is making these three subdivision applications,it may help to review the history of this development.The Two Rivers Harbor property is an approximate 10 acre parcel of property which is outside the city limits of the City of Little Rock but within its extra- territorial planning jurisdiction.The property has a "dagger"shape,which is widest on its western end and narrows to a point on its eastern end. The final plat for Phase 1 of Two Rivers Harbor was approved by the City on or about November 18,2005.This was for Tracts 1 through 5 and Tract 9.The preliminary plat for the property was designed to maximize the developable area of the property in light of the unusual shape of the property and the location of a flowage easement for the Arkansas River over parts of the property in favor of the U.S.Army Corps of Engineers ("Corps"). In January of 2006,the applicant entered into an agreement with the Corps to resolve a question over the Corps'lowage easement.This agreement clarified that parts of the Two Rivers Harbor property were not subject to the Corps'lowage easement.This allowed the Declarant to consider replatting the property to make better use of areas which were previously thought to be subject to the Corps'lowage easement. The applicant began considering a revised layout for the property after entering into the agreement with the Corps.However,demand for lots within the subdivision was strong and the applicant elected to file a final plat for Phase 2 of the subdivision.The applicant filed a final plat for "Phase 2"of Two Rivers Harbor on or about March 23,2006.This included a replat of Tract 5 and a final plat of Tracts 6 and 7.The applicant reduced the width of Tract 5 and revised the layout of Tracts 6 and 7 to make better use of the more narrow eastern end of the property. At the time the applicant filed the final plat for Phase 2,it had prospective buyers looking at Tracts 1 and 2 and was considering the construction of a harbor on part of Tract 3.Therefore,the only tract available for replatting at that time was Tract 4.At the same time the applicant filed the final plat for Phase 2,it filed an amendment to the Declaration of Restrictive Covenants to allow the replatting of Tract 4 into two lots. Qn April 7,2006,the applicant filed a replat of Tracts 3 and 4.This replat reduced the width of Tract 4 into replatted Tract 4A to accommodate a party which wanted to purchase a smaller lot.It also took the balance of Tract 4 and combined it with existing Tract 3.This created a larger Tract 3 which could accommodate the construction of a marina which was still being considered by the applicant. Since the filing of the replat of Tract 4,the applicant has decided against 3 AUGUST 3,2006 ITEM NO.:D Cont.FILE NO.:S-1477-E the installation of a marina in the subdivision.Therefore,the applicant is now splitting Tract 3 into two lots —Tracts 3R and 4R.Also since the filing of the replat of Tract 4,the prospective purchaser of Tract 1 elected not to purchase the property.Therefore,the applicant is replatting Tract 1 into two lots.Finally,the applicant is filing a final plat for Tract 8 —the unplatted easternmost portion of the property along with a replat of the adjacent Tract 7 to move the common boundary line between the two tracts. B.EXISTING CONDITIONS: Isbell Lane is a narrow roadway appearing as a drive serving two to three single-family homes.The Arkansas River is located to the north of the site and Two Rivers Park is located to the south of the site.To the west of the site are single-family homes located on large tracts.The tracts appear narrow at the roadway but extend to the river allowing additional acreage. The homes sit on the riverbank and access County Farm Road through single and shared driveways. County Farm Road is a two lane County road with open ditches for drainage.As indicated there is an existing City Park and the County's Community Garden located south of the site.River Valley Marina is located along the banks of the Little Maumelle River on River Valley Marina Road to the southeast. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has not received any comment from area residents. All abutting property owners,the Candlewood/Walton Height Neighborhood Association and the River Valley Neighborhood Association were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.Due to increase in the number of lots over what was originally platted, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalks with the planned development. 2.All comments from previous applications also apply. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Outside the service boundary.Sewer service is not available from the City of Little Rock.Provide documentation from the appropriate State agency concerning the proposed wastewater collection and treatment. 4 AUGUST 3,2006 ITEM NO.:D Cont.FILE NO.:S-1477-E ~Enter:No comment received. Center-Point Ener:No comment received. SBC:No comment received. Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.The issue of the street name needs to be reconciled with the County. ~NC d t:I Ilk kdd t P d .C t t k Cttl ~k Fire Department at 918-3700 for additional information. C ttPI I I: 1.Provide a copy of the floodplain development study of Tracts 1A —8 as platted and at build out including the roadway.Provide a copy of the no- rise certificate. 2.River Harbor Lane is a private drive that is accessed by a private drive. For 911 addressing purposes,existing tracts have been addressed on Isbell lane.Revise River Harbor Lane to Isbell Lane on the submitted plan. CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. ~td:N G.SUBDIVISION COMMITTEE COMMENT:(AUGUST 3,2006) Mr.James Dreher was present representing the request at the June 1, 2006,Subdivision Committee meeting.Staff presented an overview of the proposed request indicating there were outstanding issues associated with the request.Staff stated the site was located within the flowage easement for the Arkansas River and requested the applicant provider an updated "No Rise No Impact Statement".Staff also stated the previous approval included the construction of a wastewater treatment package plant.Staff requested the applicant provide approval from the required State agency allowing the additional homes to connect to the system. Public Works comments were addressed.Staff stated the proposal would require street construction to a residential street standard.Mr.Dhreher stated the lots were a replat of previously platted lots not a replat of the 5 AUGUST 3,2006 ITEM NO.:D Cont.FILE NO.:S-1477-E entire subdivision therefore street construction should not be required.Mr. Dreher stated the owner no longer owned all the lots within the subdivision and was not able to dedicate right-of-way for the entirety of the subdivision.Staff stated the previous approval allowed for a small number of lots on a street which did not meet Master Street Plan standard.Staff stated the number of lots was increasing significantly therefore they felt a minor residential street was necessary to serve the proposed development. County comments were addressed.Staff stated the indicated street name was not indicated correctly.Staff requested the applicant change the name of the street to reflect 911 addressing. 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.ANALYS IS: The applicant has provided updated materials addressing issues raised at the June 1,2006,Subdivision Committee meeting.The applicant has provided a statement from a registered professional engineer certifying that the proposed replat of the three areas were included in the original "No-Rise"report prepared by FTN Associates,Ltd.dated July 6,2005. The applicant has also provided the permit received from the Arkansas Department of Environmental Quality for the proposed wastewater treatment facility. The applicant is requesting three (3)separate subdivision applications —1) a replat of Tract 1 into two tracts,2)a replat of Tract 3 into two tracts,and 3)the final plat of Tract 8 along with a replat of the adjacent Tract 7.The specifics of the request are outlined below. The applicant is requesting a waiver of the required street construction to Minor Residential Street standard.The site has developed with a 30 foot access easement.According to the applicant Isbell Lane is an existing private street and is not indicated on the Master Street Plan.The existing paving of Isbell Lane is the same as the approximate 2-miles of existing County road leading to the project and the nearest sidewalk is located approximately 4 miles away along Highway 10.Per Section 31-207 of the Subdivision Ordinance,new private streets,states private streets for residential development shall be discouraged.However,private streets may be approved by the Planning Commission to serve isolated developments.The design standards shall conform to public street 6 AUGUST 3,2006 ITEM NO.:D Cont.FILE NO.:S-1477-E standards as specified in Chapter 31.Private streets are permissible only in the form of cul-de-sac and short loop streets and only when it has been determined that these streets can be adequately served by all public vehicles. The replat of Tract 1A and 1B of Two Rivers Harbor includes a Lot size of 1.20 acres for Tract 1A and 1.09 acres for Tract 1B.The proposed plat indicates a building setback of 25-feet adjacent to the private drive and 25- feet along the rear of the lots abutting the Arkansas River. The replat of Tract 3R and 4R of Two Rivers Harbor includes a Lot size of 0.853 acres for Tract 3R and 0.957 acres for Tract 4R.The proposed plat indicates a building setback of 25-feet adjacent to the private drive and 25- feet along the rear of the lots abutting the Arkansas River. The replat of Tract 7 and the final platting of Tract 8 of Two Rivers Harbor includes a lot size of Tract 7 as 0.517 acres and Tract 8 as 0.60 acres. Each lot is proposed with a 25-foot building setback along the access easement.The applicant has indicated a 25-foot setback for Tract 7 and is requesting a 15-foot building setback for Tract 8 along the Arkansas River.According to the applicant the normal pool elevation of the Arkansas River is 249 feet which is 10-feet north of the north property line of Tract 8.The 15-foot setback from the normal pool will equal the required 25-foot setback.Per Section 36-341 FP floodplain district of the Zoning Ordinance no structure shall be allowed closer than 25-feet to any established floodway line with the exception of uses having a low flood danger potential such as parking areas,open storage of materials or equipment or public and private recreational areas. Staff has some concerns with the proposal as submitted.Regardless of the semblance of the application filing,as three applications or as one application,the overall development of the area remains the same.The history of the site allowed approximately 10 acres to be subdivided into five (5)residential lots to be served by a 30-foot access easement.The site is located outside the City limits of the City of Little Rock but within its extra-territorial planning jurisdiction for zoning and subdivision review. Due to the limited number of lots proposed staff felt the proposed access was adequate to serve the development.Within one year of the approved preliminary plat the applicant sought to amend the preliminary plat to allow the creation of two additional lots allowing a total of seven (7)lots.With the current request the number of available lots has doubled from the original approval (10 lots)and the allowed access has remained the same. With the doubling of the number of lots the number of trips generated from the site will also increase from an estimated 40 vehicle trips per day to 80 vehicle trips per day.Staff has concerns with the provided access and the increase in the number of vehicle trips per day and the demand this 7 AUGUST 3,2006 ITEM NO.:D Cont.FILE NO.:S-1477-E increase will place on the ability of service vehicles to serve the development without disrupting homeowners entering and leaving the development. Staff also has concerns with the indicated reduced building setback along the northern perimeter of proposed Tract 8.The ordinance is very specific with regard to setback requirements adjacent to a floodway.Staff is not supportive of the requested variance to allow the reduced setback for this proposed tract. I.STAFF RECOMMENDATIONS: Staff recommends denial of the requested replat of Tract 1A and 1B of Two Rivers Harbor. Staff recommends denial of the requested replat of Tract 3R and 4R of Two Rivers Harbor. Staff recommends denial of the requested replat of Tract 7 and the final platting of Tract 8 of Two Rivers Harbor. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,E and F of the agenda staff report.Staff stated as a condition of approval the applicant would add three feet of pavement along the entire length of the roadway, Bottom Line,Inc.would not further subdivide any of the lots within the Two Rivers Harbor Subdivision and any improvements on Tract 8 were to comply with Federal,State and County regulations regarding improvements within the floodway. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes,0 noes and 2 absent. 8 August 3,2006 ITEM NO.:E FILE NO.:LU06-10-02 Name:Land Use Plan Amendment -Boyle Park Planning District Location:West of John Barrow,south of Kanis Road ~Reoeat:Mixed Office Commercial to Commercial Source:Ross Merkling,CEI Engineering PROPOSAL /REQUEST: Land Use Plan amendment in the Boyle Park Planning District from Mixed Office Commercial to Commercial.Commercial represents a broad range of retail and wholesale sales of products,personal and professional services,and general business activities.An accompanying request to reclassify the property Planned District Commercial for a Sonic Drive-in Restaurant has been filed. Prompted by this Land Use Amendment request,the Planning Staff expanded the area of review to include area to the north.With these changes,the entirety of the Mixed Office Commercial area north of the church to the node at Kanis- John Barrow Road would be eliminated.It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is vacant and wooded currently zoned 0-3 General Office and is 4.6 acres a in size.The expanded area is vacant wooded and zoned 0-3.North of the amendment area is zoned C-3 General Commercial and consists of small retail uses and centers.This commercial area includes area around the John Barrow-Kanis Road intersection and is mostly developed.Some land in the southeast section of the intersection remains wooded and undeveloped.East of the application area is R-5 Urban Residential and is an apartment complex. Beyond this to the east is R-2 Single Family land currently vacant and wooded that is currently under development.South of the amendment area is a Church zoned R-2 Single Family,0-1 Quiet Office and 0-3 General Office land that is vacant.Some is wooded and some of the land is partial cleared.A small area of R-2 is to the southeast with homes.To the west is R-5 zoning with an apartment complex;southwest is 0-3 and Planned Office Districts with medical related uses and a public library.This is a partial developed section of the City. August 3,2006 ITEM NO.:E Cont.FILE NO.:LU06-10-02 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: January 10,2006,a change from Single Family to Transition to allow for future development.The site was along the south side of Kanis Road,east of Michael. This is a half-mile to the east of the application area. October 4,2005,a change from Mixed Office Commercial to Commercial to allow for future development.The site was just east of John Barrow Road on the south side of Kanis Road.This is northeast of the application area. July 13,2004,a change from Office and Single Family to Mixed Use to more accurately reflect the existing zoning and land use pattern.The site was along the north side of Colonel Glenn Road between Whitfield and Stanus.This is over a mile to the southeast of the application area. January 20,2004,a change from Mixed Use to Commercial to more accurately reflects the existing zoning and land use pattern.The site was along the south side of Colonel Glenn Road between Cobb and Walker.This is over a mile to the southeast of the application area. November 4,2002,a change from Commercial,Single Family,Multifamily and Office to Mixed Office Commercial,Office,Multifamily,Commercial and Low Density Residential to more accurately reflect the existing land use and zoning pattern.The site is between 1-630 and Kanis Road,east of John Barrow Road. This is to the northeast of the application area. The Land Use Plan shows this area of Mixed Office Commercial.Commercial is shown to the north around the John Barrow-Kanis Road intersection.To the northeast is an area of Mixed Office Commercial.To the east is a Multifamily area followed by a large area of Single Family.West of the amendment area is shown for Multifamily with Mixed Office Commercial surrounding this to the northwest and south.South of the application area is a Public Institutional area followed by Single Family and Office areas. MASTER STREET PLAN: John Barrow Road is shown as an Arterial on the plan.An Arterial functions to move traffic through and around the urban area or from activity centers to the Arterial system.They are not intended to provide access to adjacent land.Right- of-way and street improvements may need to be made at the time of development. 2 August 3,2006 ITEM NO.:E Cont.FILE NO.:LU06-10-02 BICYCLE PLAN: The Little Rock Bike Plan does not show any bike routes adjacent to the site. The closest Bike Route is a Class II Route along 28'"Street to the south. PARKS: The Little Rock Parks and Recreation Master Plan indicates the site is within 8- blocks of a public or private open space or recreation area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The site is in the John Barrow Neighborhoods Plan Area.The Plan calls for creation of a development climate in the John Barrow Neighborhood Area that would attract job-generating businesses.The Plan also calls for development design standards,but does not specifically recommend any other than to state that traffic and pedestrian flows should be improved and efficient. ANALYSIS: The site is wooded and vacant with a zone of 0-3 General Office.There is a small commercial center to the north with shops;beyond this is commercial zoning and land use surrounding the Kanis Road-John Barrow Road intersection. Both to the east and west (across John Barrow Road)are apartment complexes. The land further to the west is wooded and zoned R-2 single Family.This land is currently underdevelopment for a large single-family subdivision.To the south is a church and small subdivision.Beyond this is vacant mostly wooded 0-3 land. John Barrow Road is an Arterial.Arterials are functionally to move vehicles and goods in and through the city not to provide access to adjacent properties. Traffic counts indicate volumes of 18200 vehicles per day from 2004 for John Barrow Road.Any use along John Barrow Road should be designed to limit or prevent direct access to John Barrow Road to facilitate its function. The most recent construction is to the north.At the intersection a former commercial structure was removed and a new commercial building was built for a 'tobacco store'nd across John Barrow a liquor store was constructed.To the 3 August 3,2006 ITEM NO.:E Cont.FILE NO.:LU06-10-02 south along the west side of John Barrow a new public Library has been added on a 10-acre tract.The other existing commercial structures have a good occupancy rate. Most of the office construction has been along Kanis Road to the west of this site.This construction has tended to be medical in nature and near the Baptist Hospital campus on Kanis Road.As noted early the infrastructure is being constructed for a new single-family subdivision to the east of this site.While these additions have been steady they have occurred at a gradual rate. As mentioned,there is an existing multifamily apartment complex adjacent to the east.A commercial use (hours of operation,outside activities,traffic areas, waste disposal issues and signage,etc.)could be detrimental.A change from Mixed Office Commercial to Commercial could allow future uses which could result in negative impacts on the existing residential development.The existing Land Use classification would allow some commercial development using the Planned Zoning District with Office uses.Through this review the City could attempt to eliminate any negative impacts on the existing development. There are existing commercial uses to the north of this site.With the current Land Use designation staff has indicated that some commercial use of this site could be appropriate.With a church to the south and apartments to the east and west,design and the type of commercial uses could be significant.Careful design and consideration of the appropriate types of commercial is important. With a change to Commercial the City would not be in a position to attempt to address these issues.Mixed Office Commercial does not allow a completely commercial development.Staff is not necessarily apposed to a one hundred percent commercial development along this portion of John Barrow Road,if access,signage and other issues can be worked out.Therefore staff cannot support a change to Commercial,however a change of the front (western)half to Mixed Use could be supported by Staff.This would continue the possibility of some office and also allows for closer review of the proposed future development of the site. NEIGHBORHOOD COMMENTS: Notices were sent to the following associations:Twin Lakes B Prop.Owners Association,as well as Brownwood Terrace,John Barrow and Twin Lakes "A" Neighborhood Associations.Staff has received no comments from area residents. 4 August 3,2006 ITEM NO.:E Cont.FILE NO.:LU06-10-02 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.A change to Mixed Use for the front (western)half of the site can be supported.This alternate change would better protect the existing adjacent uses. PLANNING COMMISSION ACTION:(JUNE 22,2006) The application was placed on consent agenda to July 6,2006.With a vote of 10 for,0 against and 1 absent,the consent agenda was approved. PLANNING COMMISSION ACTION:(JULY 6,2006) The applicant requested this item be deferred to work out issues.The item was placed on the consent agenda for deferral.By a vote of 9 for and 0 against the consent agenda was approved. STAFF UPDATE:(July 6,2006) The applicant has proposed a change to the Planned Commercial District accompanying this item,however no change to the Land Use Plan is proposed. Staff remains in support of the requested change to Mixed Use along John Barrow Road. PLANNING COMMISSION ACTION:(August 3,2006) Walter Malone,Planning Staff reviewed the request.Mr.Malone indicated to the north was commercial,east and west was Multifamily and the south a Church. There have been a couple of small commercial businesses constructed to the north and a new Library to the south.Most of the Office development is along Kanis Road to the west closer to Baptist Hospital.The Land Use Plan shows Mixed Office Commercial,thus the City has already said some commercial in this location would be appropriate.Staff does not believe a total commercial development would necessarily be inappropriate.However with the surrounding uses (apartments and church)design is significant.Staff therefore is supportive of a change to Mixed Use,which allows a review of the development for appropriateness whether commercial or office. Donna James,Planning Staff,presented the case for a Planned Commercial District on a portion of this site.See the minute record for item E.1:Z-8056 for a 5 August 3,2006 ITEM NO.:E Cont.FILE NO.:LU06-10-02 complete minute record.Commissioner Williams asked about the Mixed Use proposal.Mr.Bozynski,Planning Director,replied that the development could be commercial,office or residential,using the Planned Zoning District process. Currently the Plan shows Mixed Office Commercial.Staff does not support the original request to Commercial,however the application has been amended to Mixed Use for the western half of the tract.After discussion and presentations for and against (mostly the Planned District request),a motion was made to approve the requested Plan change.By a vote of 4 for,4 against,2 absent,and 1 recusal the item failed. 6 August 3,2006 ITEM NO.:E.1 FILE NO.:Z-8056 NAME:Sonic Restaurant —John Barrow Road Short-form PCD LOCATION:Located at 1619 John Barrow Road DEVELOPER: Sonic Corporation 300 Johnny Bench Drive Oklahoma City,OK 73104 ENGINEER: CEI Engineering Ross Merking 3317 S.W."I"Street Bentonville,AR 72712 AREA:5 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF CURRENT ZONING:0-3,General Office District ALLOWED USES:General and Professional Office Uses PROPOSED ZONING:PCD and 0-3,General Office District PROPOSED USE:Drive-in restaurant and Future development VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL: The request is to rezone approximately one (1)acre of this five (5)acre lot from 0-2 to PCD to allow the creation of a separate lot for the development of a restaurant with drive-in facilities.The proposal includes the construction of a 1,557 square foot Sonic Restaurant.The facility is proposed with outdoor dining consisting of eight to ten tables located along the street side of the building.The site plan also includes the placement of twenty (20)drive-in stalls along the south side of the building in two (2)locations each covered with a canopy.Seven parking spaces have been indicated on the site plan with six parking spaces indicated for future development. August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 B.EXISTING CONDITIONS: The site is a part of a larger five acre lot which is wooded with the property to the north sloping from north to south.This portion of the site is comparatively flat related to the overall site.There is a church located to the south.Of the overall larger tract the areas to the north and east are not a part of the current application request and will remain undeveloped and wooded.A preliminary plat will subdivide the five acres,creating a one acre lot for the proposed Sonic Restaurant.There is a multi-family development located to the east and commercial uses located to the north of the large tract.Across John Barrow Road is also a multi-family development. C.NEIGHBORHOOD COMMENTS: As of this writing,Staff has received several informational phone calls from area residents,many indicating support of the request.The John Barrow Neighborhood Association,the Brownwood Terrace Neighborhood Association, the Penbrook/Clover Hill Property Owners Association,all residents who could be identified located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D.ENGINEERING COMMENTS: Public Works: 1.John Barrow 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.All driveways shall be concrete aprons per City Ordinance. 3.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). 5.A grading permit in accordance with Section 29-186 (c)and (d)will be required prior to any land clearing or grading activities at the site.Site grading,and drainage plans will need to be submitted and approved prior to the start of construction. 6.Storm water detention ordinance applies to this property.Show the proposed location for storm water detention facilities on the plan. 7.If disturbed area is one (1)or more acres,obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8.Per City code,crossover lane must be relocated at least 75 feet from right- of-way line. 2 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 9.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade permit prior to doing any work in the right-of-way.Contact Traffic Engineering at (501)379-1817 (Derrick Bergfield)for more information. 10.Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210.The width of driveway must not exceed 36 feet. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available on west side of John Barrow Road.Contact Lihle Rock Wastewater Utility at 688-1414 for additional information. ~Enter:No comment received. Center-Point Ener:No comment received. SBC:No comment received. Central Arkansas Water:SHOULD BE ODD NUMBER ADDRESS.All Central Arkansas Water requirements in effect at the time of request for water service must be met.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).A water main extension may be required.This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. FFOFN t:App d p It d. ~CPI::N ~ CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:This request is located in the Boyle Park Planning District. The Land Use Plan shows Office for this property.The applicant has applied for a Planned Commercial District for a restaurant. A land use plan amendment for a change to Commercial is a separate item on this agenda. Master Street Plan:John Barrow Road is shown as an Arterial on the plan.An Arterial functions to move traffic through and around the urban area or from activity centers to the Arterial system.They are not intended to provide access to adjacent land.Right-of-way and street improvements may need to be made at 3 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 the time of development. ~Bl Pl:Tk Bttl ~k Blk Pl d t k y Blk dj to the site.The closest Bike Route is a Class II Route along 28'"Street to the south. Ci Reco nized Nei hborhood Action Plan:The site is in the John Barrow Neighborhoods Plan Area.The Plan calls for creation of a development climate in the John Barrow Neighborhood Area that would attract job-generating businesses.The Plan also calls for development design standards,but does not specifically recommend any other than to state that traffic and pedestrian flows should be improved and efficient. ~Landsca e: 1.Compliance with the City's Landscape and Buffer Ordinances is required. 2.An automatic irrigation system to water landscaped areas will be required. 3.An average of eighteen-foot (18)wide land use buffer is required to separate this proposed development from the residentially zoned property on the eastern perimeter of the site.Seventy percent (70%)of these buffers are to remain undisturbed.Easements cannot count toward fulfilling this requirement. 4.An average of nine-foot (9)wide land use buffer is required to separate this proposed development from the residentially zoned property on the southern perimeter of the site.Seventy percent (70%)of these buffers are to remain undisturbed.Easements cannot count toward fulfilling this requirement. 5.The property to the south and the east is zoned residential,therefore,a six (6)foot high opaque screen,either a wooden fence with its face side directed outward,a wall,or dense evergreen plantings,is required along the southern and eastern perimeters of the site. G.SUBDIVISION COMMITTEE COMMENT:(June 1,2006) The applicant was present representing the request.Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process.Staff requested the applicant provide the days and hours of operation and the proposed hours of the indicated dumpster service.Staff also requested the applicant provide the total percentage of building coverage,the total area designated to landscaping and the total area covered with parking. 4 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 Public Works comments were addressed.Staff stated the proposed driveway was a concern.Staff stated based on the design of the driveway proper turning movements were not allowed.Staff stated they felt this could potentially cause conflicting traffic movements on the site as well as the adjoining property.Staff also stated the width of the driveway should not exceed 36-feet in width. Landscaping comments were addressed.Staff stated compliance with the City' Landscape and Buffer Ordinance was required.Staff stated buffering would be required along the southern perimeter where abutting residentially zoned property.Staff stated a minimum of seventy (70)percent of this buffer area was to remain undisturbed.The applicant questioned if a variance could be sought to allow grading within the buffer area.Staff stated the Planning Commission as a part of the approval process could approve the request. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the June 1,2006,Subdivision Committee meeting.The applicant has indicated the days and hours of operation,the proposed hours of the indicated dumpster service,the total percentage of building coverage,the total area designated to landscaping and the total area covered with parking.The driveway has also been extended to facilitate traffic movement with the site located to the north,when developed. The hours of operation are Sunday through Thursday from 6 am to 12 am and Friday and Saturday from 6 am to 2 am.The dumpster hours of service are indicated from 6 am to 12 am daily. The total site is 43,486 square feet and the building will consume 1,557 square feet.The total area designated for paving is 23,258 square feet and the area designated for landscaping is 18,671 square feet.A total of 840 square feet of outdoor dining is proposed. The site indicates the placement of twenty (20)drive-in stalls and seven (7) surface parking stalls.A second phase indicates the addition of six (6)surface parking stalls should additional parking become necessary.The 840 square feet of outdoor dining requires eight on-site parking spaces.The proposed Phase II parking must be constructed with the Phase I portion of the development to provide parking for employees and the outdoor dining area. The applicant has indicated shrubs will be planted along the southern property line to assist in providing a noise barrier between the adjoining church and the 5 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 new restaurant.The volume of music will be lower during church service and according to the applicant the gymnasium is located adjacent to the restaurant which will also act as a sound barrier. A single pylon sign is proposed in the front yard area not to exceed 36-feet in height and 110 square feet in area.Building signage is proposed along the front of the building not to exceed 18-square feet in area.The indicated signage is consistent with signage typically allowed in commercial zones. The site plan indicates an automatic irrigation system will be installed to water landscaped areas and plant materials will be installed per minimum ordinance requirements.The applicant is requesting to grade the entire southern perimeter of the site removing the required 70 percent undisturbed buffer.A retaining wall is required in this location and the removal of the buffer is necessary to allow reasonable grading and to allow proper drainage for the site.The site plan indicates a 12.5 foot setback from the paving to the property line in this area. According to the applicant shifting the building to the north to allow the required buffer is not an option due to increased grades along the northern perimeter. Staff is supportive of this request. The revised plan extends the drive from John Barrow Road to allow the crossover point at 75-feet.According to the applicant this will facilitate traffic movements within the site and allow for reduced conflicts when the site to the north is developed. The proposal includes the subdivision of this existing lot to allow a four acre parcel and a one acre parcel.The four acre parcel will be maintained by the current owners with the one acre parcel being sold to the potential restaurant developers.Staff is supportive of this request.The indicated lots sizes are more than adequate to meet the typical minimum standards for office and commercial zoned property.Staff recommends the applicant provide the required platting documentation to staff within 60 days of approval by the Board of Directors. Staff is supportive of the applicant's request.Staff feels the applicant has done a good job in minimizing the impacts of the proposed development on adjoining properties.Although the site plan indicates the removal of the required buffer along the southern perimeter the applicant has indicated the buffer will be replanted with shrubs and trees to protect the adjoining church property.The applicant has also indicated the new restaurant will be sensitive to the adjoining church and their activities by reducing the volume of their music during church services and activities.To staff's knowledge there are no outstanding issues associated with the request.Staff feels the proposed development will be an asset to the community and should have minimal impact on the adjoining properties. 6 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 I.STAFF RECOMMENDATIONS: Staff recommends approval of the requested preliminary plat and proposed PCD for Sonic Restaurant subject to compliance with the following conditions: 1.Comments and conditions as outlined in paragraphs D,E,F and H of the above agenda staff report. 2.All parking including the Phase II parking must be constructed in Phase I. 3.The applicant lower the volume of outdoor music played through the speaker system during church service and church events. 4.Staff recommends the applicant provide the required platting documentation to staff within 60 days of approval by the Board of Directors. PLANNING COMMISSION ACTION:(JUNE 22,2006) The applicant was present representing the request.There were registered objectors present.Staff presented the item indicating the applicant was requesting a deferral of the item to the July 6,2006,public hearing.Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item.A motion was made to approve the By-law waiver.The motion carried by a vote of 9 ayes,0 noes,1 absent and 1 recusal (Jeff Yates).A motion was made to approve the deferral request.The motion carried by a vote of 9 ayes,0 noes,1 absent and 1 recusal (Jeff Yates). STAFF UPDATE: The applicant submitted a revised site plan relocating the building from the southern portion of the property to the northern portion.The revised site plan was reviewed by Public Works and for compliance with the City's minimum buffer and landscape ordinances.The following comments are associated with these two reviews: ENGINEERING COMMENTS: Public Works: 1.John Barrow 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.All driveways shall be concrete aprons per City Ordinance. 3.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4.Plans of all work in right-of-way shall be submitted for approval prior to start of 7 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). 5.A grading permit in accordance with Section 29-186 (c)and (d)will be required prior to any land clearing or grading activities at the site.Site grading,and drainage plans will need to be submitted and approved prior to the start of construction. 6.Storm water detention ordinance applies to this property.Show the proposed location for storm water detention facilities on the plan. 7.If disturbed area is one (1)or more acres,obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8.Per City code,crossover lane must be relocated at least 75 feet from right-of- way line. 9.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade permit prior to doing any work in the right-of-way.Contact Traffic Engineering at (501)379-1817 (Derrick Bergfield)for more information. 10.Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210.The width of driveway must not exceed 36 feet. 11.Provide a notation indicating the total wall height on the proposed site plan. ~Ed 1.Compliance with the City's Landscape and Buffer Ordinances is required. 2.An automatic irrigation system to water landscaped areas will be required. 3.A nine foot land use buffer is required along the northern property line next to the residentially zoned property.Seventy percent (70%)of this buffer is to remain undisturbed.The plan appears to meet this minimum requirement. 4.A nine foot (9)wide perimeter landscaping strip is required along the southern property line per the landscape ordinance.A variance from this requirement will require approval from the City Beautiful Commission. 5.A six foot high opaque screen,either a wooden fence with its face side directed outward,a wall or dense evergreen plantings,is required along the northern perimeter next to the residentially zoned property. 6.The City Beautiful Commission recommends preserving as many trees as feasible on tree covered sites.Credit toward fulfilling Landscape Ordinance requirements may be given when preserving trees of six (6)inch caliper or larger. The Subdivision Committee at their July 13,2006,committee meeting,reviewed the revised site plan.The applicant was not present.Staff noted the deficiencies with the proposed site plan indicating they had contacted the applicant concerning the deficiencies and the applicant was addressing staff's concerns. The revised site plan indicates the placement of buffers and landscaping as required by the City's Landscape Ordinance and the Buffer Ordinance.The applicant has indicated a nine foot land use buffer along the northern property line,and nine foot perimeter landscaping strip along the southern property line and note concerning the retaining wall 8 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 height.The site plan also indicates the dedication of right-of-way to meet the current Master Street Plan requirement along John Barrow Road.The driveway width does not exceed 36-feet in width and the crossover lane has been relocated to 75-feet from the right-of-way line. Staff is supportive of the proposed request.The proposed development is located just south of a commercial node with the property located to the north of this site zoned C-3, General Commercial District.The relocation of the restaurant to the northern portion of this property allows separation between the proposed use and the church located to the south.The remainder of the site will remain zoned 0-3,General Office District which will allow a transition between the commercial uses to the north and the church facility located to the south. The proposed site plan occupies only a portion of the tract and the applicant is proposing the subdivision of the parcel to allow the development to occur.As noted in the above agenda staff report,the applicant will be required to provide staff with preliminary plat documentation within 60 days of approval by the Board of Directors to allow the subdivision activity to take place. To staffs knowledge there are no outstanding issues associated with the request.Staff feels the placement of the restaurant on the site as proposed will have minimal impact on the adjoining properties.As noted in the Analysis Section staff was supportive of the proposed development when the site plan indicated the development along the southern portion of the site.Staff continues to recommend approval of the request. STAFF RECOMMENDATIONS: Staff recommends approval of the requested preliminary plat and proposed PCD for Sonic Restaurant subject to compliance with the following conditions: 5.Compliance with the comments and conditions as outlined in paragraphs D,E,F and H of the above agenda staff report. 6.All parking including the Phase II parking must be constructed in Phase I. 7.The applicant must lower the volume of outdoor music played through the speaker system during church service and church events. 8.Staff recommends the applicant provide the required platting documentation to staff within 60 days of approval by the Board of Directors. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were registered objectors present.Staff presented the item with a recommendation of approval.Staff stated the applicant had indicated the hours of operation for the site would be from 6 am to 12 midnight and not 2 am as indicated in the written agenda. Mr.Ross Merkling addressed the Commission on behalf of the applicant.He stated the 9 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 building proposed was 1500 square feet with dine-in and drive-through service.He stated the building would be constructed of split face block,drivit or hard board siding. He stated the landscaping would be increased from the minimum ordinance standard to allow a more attractive site and offer buffering for the church located to the south. Ms.Betty Snyder addressed the Commission in support of a Sonic Restaurant in the John Barrow Neighborhood.She stated she had worked with Sonic for five years to locate in their neighborhood.She stated the location was a concern not the restaurant. She stated she felt there would be a better suited location for the facility in the neighborhood.She stated the John Barrow Neighborhood Association did not take an official vote on the proposed location but most felt the church and Sonic should resolve the issue of location.Chairman Stebbins stated it appeared she was presenting comments of opposition.Ms.Snyder stated she was not opposed to a Sonic only the location of the Sonic since the church had been such a good neighbor and an asset to the neighborhood. Mr.Rodney Chandler addressed the Commission in opposition of the request.He stated he was the spokes person for Second Baptist Church which was located to the south of the proposed restaurant.He stated he did not feel this was an appropriate location for a restaurant.He stated his research had found that there was not a single Sonic restaurant located adjacent to a church.He stated the church had been an active member of the neighborhood for more than 40 years.He stated the church provided outreach to the neighborhood and made a substantial investment in the neighborhood when others were not willing to locate in the John Barrow community.He stated the church was concerned with the location for a number of reasons one of which the apartment complex located across the street.He stated a number of children in the apartment complex were latch-key children.He stated the children would be crossing John Barrow Road to access the Sonic which would cause safety concerns.He requested the Commissioners consider how they would feel if the Sonic was located adjacent to their church home. Reverend Paul Kelly addressed the Commission in opposition of the request.He stated he was the pastor of Second Baptist Church which currently had approximately 4,000 members in two locations.He stated the membership was opposed to locating a Sonic next door to their church.He provided the Commissioner with petitions signed by over 1,000 members of the church.He stated the Brownwood Terrace Neighborhood was also opposed to the request.He stated the neighborhood also had signed a petition with 35 signatures in opposition of the location of a Sonic next door to their neighborhood.He stated the church had made a sizable investment in the neighborhood.He stated he felt the use inappropriate and he was offended that the Commission was discussing the matter of locating a malt stand next door to a church. Ms.Doris Wright addressed the Commission in opposition of the request.She stated she was President of the John Barrow Neighborhood Association and a member of the Second Baptist Church.She stated the location was a concern.She stated the neighborhood had worked a number of years to attract a Sonic to their area and was in full support of the restaurant locating in the area just not in this location.She stated she 10 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 was aware of the reasoning for choosing this site by Sonic because all commercial uses would like to locate along the Kanis corridor.She stated the church was not originally opposed to the location because the church was unaware of the restaurant was considering locating adjacent to their facility.She stated once she found the item was placed on the Consent Agenda for Approval at the June 22,2006,public hearing she approached the pastor and suggested he review the proposed request.She stated once the church members review the request for the placement of the unattractive drive-through facility on the site they were not in support of the request.She stated the apartments were a concern.She stated the children would be crossing the street to access the Sonic and would cause a safety concern.She also stated the children would be hanging around the restaurant.She stated the facility located on Cantrell Road in the Riverdale area was more the style restaurant the neighborhood was looking for. She requested the Commission consider the petitions,the neighbors present in opposition and the apartments located across the street when making their decision. Mr.Larry Gilreath addressed the Commission in opposition of the request.He stated he was the representative of Brownwood Terrace.He stated the subdivision was opposed to the placement of a malt stand adjacent to their neighborhood and the church facility. Mr.Bill Walker addressed the Commission in opposition of the request.He stated the neighborhood had enough bad elements including a liquor store and a check cashing service.He sated the neighborhood did not need another bad element.He stated a malt stand called a restaurant was not a desirable use for this location. Mr.Mike Loggins addressed the Commission in opposition of the request.He stated most of his comments had been made but he felt the Commission should consider the children before placing the restaurant across from a large apartment complex. Mr.Marvin Thaxton addressed the Commission in support of the request.He stated his family owned the 4.7 acres of property currently under consideration and had for over 30 years and long before the church expanded their facility to the present state.He stated the church had shown no interest in purchasing the property until a contract with Sonic had been signed.He stated the church was offered the property on a number of occasions in the past and prior to placing the property under contact with Sonic.He stated the property was 300-feet fronting John Barrow Road with the Sonic locating along the northern portion of the property.He stated the restaurant would occupy 1.7 acres of the 4.7 acre site.He stated the remaining property would be zoned 0-3 as was currently zoned.He stated the restaurant had committed to being a good neighbor and the restaurant had a local and national reputation to uphold.He stated the development was proposed in the mist of a commercial node at Kanis and John Barrow Roads.He stated John Barrow Road currently had 18,200 vehicles per day traveling along the road with a number of teens playing loud music riding on the roadway.He stated the church had expanded their facility not away from John Barrow Road but closer to John Barrow Road and the traffic noise.He stated with the placement of a restaurant on the site the traffic would not be greatly increased.He stated the church currently had 4,000 members which would generate a minimum of 1,000 vehicles.He stated the restaurant traffic would be a drop in the bucket compared to the church.He stated there would be 11 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 no loitering on the site.He stated there were a number of locations that Sonic had located adjacent to a church.He stated his hometown of Newport,AR was one example.He asked the Commission meet the request of the community and the John Barrow Neighborhood Action Plan by approving the request. Mr.Mike Bailey of Sonic Corporation addressed the Commission.He stated the use was not the most offensive use that could locate next to a church.He stated there were a number of uses and restaurants which were much more offensive than a Sonic which could locate on the site.He stated the developers had worked with the church to address their concerns and he felt when they left the meeting with the church and neighborhood association all the issues had been resolved.He stated the location had been moved and the landscaping enhanced.He stated the restaurant was willing to reduce the volume of music on the site upon request by the church and providing substantial buffers along the south.He stated the church and been offered the remainder of the site at the price paid by Sonic.He stated zoning was put in place to protect the public health,safety and welfare of the citizens.He stated it was not a tool for individuals to use for their own gain.He stated the purpose was to give citizens a voice but not control the use of property. Commissioner Rahman questioned Mr.Bailey of the type of building construction.He stated the Sonic Corporation had made a decision to no longer construct the cafe style restaurants like the one on Cantrell Road.He stated the store would be the current conventional model of store being constructed nationally.Commissioner Rahman questioned the future plans for the remaining property.Mr.Bailey stated the property would be available for sale. Commissioner Williams questioned staff as to the current Future Land Use classification and the allowable uses as well as the proposed amendment and the allowable uses. Staff stated the site was currently shown as MOC or Mixed Office Commercial which allowed a mixture of office and commercial uses.Staff stated the amendment would allow residential,office or commercial with a planned development required if the development were office or commercial. There was a general discussion concerning the location of the restaurant and the potential for sound to be heard at the church.Mr.Ross Merkling stated the decibel level of sound would be very low.He stated the sound of the street was typically at 80db and the sound 75 to 80 feet into the site was be less than 40db.Mr.Merkling stated the restaurant use would be less than the street noise.With the discussion it was added that a typical customer was on the site five to ten minutes.A Sonic representative stated the goal was for food orders to be served in four minutes or less and drink orders in two minutes or less.He stated there was no loitering allowed on the site.He stated the restaurant was focused on moving customers in and out. There was a general discussion concerning the choice of the proposed location.Mr. Bailey stated the location was chosen because of the location of the health centers as well as the proximity to Kanis Road.He stated the health care employee traffic was key in the choice of locations and he did not feel the medical traffic would travel very far 12 August 3,2006 ITEM NO.:E.1 Cont.FILE NO.:Z-8056 down John Barrow for service. There was no further discussion of the item.The Chair entertained a motion for approval of the request.The motion failed by a vote of 3 ayes,5 noes,2 absent and 1 recusal (Commissioner Jeff Yates). 13 August 3,2006 ITEM NO.:F.FILE NO.:LA-0007 NAME:I-430 8 Col.Glenn —Southwest Timber Harvest LOCATION:Southwest corner of I-430 8 Colonel Glenn Road APPLICANT:Glenn Ridge Crossings,LLC. APPLICANT AGENT:Steve Hockersmith AREA:Approximately 54 acres CURRENT ZONING:Unknown VARIANCES/WAIVERS REQUESTED: Conduct land alteration activities,harvest timber,with construction not being imminent as required by the Land Alteration Regulations,Sec.29-186(b). A.PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 54 acres located at the southwest corner of l-430 and Colonel Glenn south of the Rave Theater with construction not being imminent. B.EXISTING CONDITIONS:Unknown C.SU BDIVISION COMMITTEE COMMENTS:(June 1,2006) The applicant was not present.Staff stated no information has been provided except the application.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. D.STAFF RECOMMENDATION: As of time of writing,staff has yet to receive any information pertaining to this variance request.Staff recommends deferral of the request to the August 3, 2006. PLANNING COMMISSION ACTION:(June 22,2006) There were no registered objectors present.Staff stated the applicant had not submitted additional information as requested.Staff requested the item be deferred to the August 3,2006 Planning Commission agenda.There was no further discussion of the item.The chair entertained a motion for placement of the item on the consent agenda for deferral.The motion carried by a vote of 10 ayes,0 noes and 1 absent. August 3,2006 ITEM NO.:F Cont.FILE NO.:LA-0007 STAFF UPDATE: The applicant has been contacted by staff requesting a forestry management plan and a survey of the property.To date,no additional information has been submitted.Staff recommends the item be withdrawn from the August 3,2006 Planning Commission agenda without prejudice. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was not present.There were no registered objectors present.Staff presented the item indicating the applicant had been contacted by them requesting a forestry management plan and a survey of the property.Staff stated to date,the information had not been submitted.Staff presented a recommendation of withdrawn of the item from consideration without prejudice. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Withdrawal.The motion carried by a vote of 9 ayes,0 noes and 2 absent 2 August 3,2006 ITEM NO.:G.FILE NO.:LA-0008 NAME:I-430 8 Col.Glenn —Northwest Timber Harvest LOCATION:Northwest corner of l-430 8 Colonel Glenn Road APPLICANT:Col.Glenn Bowman Road Dev I,LLC. APPLICANT AGENT:Steve Hockersmith AREA:Approximately 82 acres CURRENT ZONING:Unknown VARIANCES/WAIVERS REQUESTED:Conduct land alteration activities,harvest timber,with construction not being imminent as required by the Land Alteration Regulations,Sec.29-186(b). A.PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 82 acres located at the northwest corner of I-430 and Colonel Glenn with construction not being imminent. B.EXISTING CONDITIONS:Unknown C.SUBDIVISION COMMITTEE COMMENTS:(June 1,2006) The applicant was not present.Staff stated no information has been provided except the application.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. D.STAFF RECOMMENDATION: As of time of writing,staff has yet to receive any information pertaining to this variance request.Staff recommends deferral of the request to the August 3, 2006. PLANNING COMMISSION ACTION:(June 22,2006) There were no registered objectors present.Staff stated the applicant had not submitted additional information as requested.Staff requested the item be deferred to the August 3,2006 Planning Commission agenda.There was no further discussion of the item.The chair entertained a motion for placement of August 3,2006 ITEM NO.:G Cont.FILE NO.:LA-0008 the item on the consent agenda for deferral.The motion carried by a vote of 10 ayes,0 noes and 1 absent. STAFF UPDATE: The applicant has been contacted by staff requesting a forestry management plan and a survey of the property.To date,no additional information has been submitted.Staff recommends the item be withdrawn from the August 3,2006 Planning Commission agenda without prejudice. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was not present.There were no registered objectors present.Staff presented the item indicating the applicant had been contacted by them requesting a forestry management plan and a survey of the property.Staff stated to date,the information had not been submitted.Staff presented a recommendation of withdrawn of the item from consideration without prejudice. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Withdrawal.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 2 August 3,2006 ITEM NO.:H FILE NO.:LU06-02-01 Name:Land Use Plan Amendment -Rodney Parham Planning District Location:100 Santa Fe Trail ~Re ueat:Single Family tc Suburban Office Source:Paul Atkins for Robert 8 Mary Atkins PROPOSAL /REQUEST: Land Use Plan amendment in the Rodney Parham Planning District from Single Family to Suburban Office.Suburban Office represents low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility.The proposal is to convert an existing house to a professional office use —Insurance Agency. EXISTING LAND USE AND ZONING: The property is a single-family home currently zoned R2,Single Family and is 0.16 acres a in size.The properties to the north,south and east are zoned R2, Single Family and have houses on them.The property to the west is zoned Planned Office District and then 03,General Office.There are existing office uses on both of these tracts.Generally to the north and south are single-family neighborhoods,with R2 Single Family zoning.Along Markham to the west are a mix of office uses with a few commercial and public (churches)uses.The zoning pattern is generally 03 General Office.At Markham and John Barrow Road there is C3 General Commercial zoning with an existing shopping center.This is a developed part of Little Rock,with established residential and non-residential areas. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On December 12,2000,several changes were made to the Land Use Plan to more accurately reflect the existing and likely future development of the area. One change was to the west on Markham from Suburban Office to Public Institutional;one was south of the site from Single Family to Public Institutional; one was east of the site from Single Family to Commercial and the last was southeast of the site from Single Family and Multifamily to Low Density Residential.All these changes surround the application area along Markham. On May 6,2003,a change was made from Single Family and Low Density Residential to Multifamily Low Density Residential and Public Institutional.These changes were made to more accurately reflect the current and likely future August 3,2006 ITEM NO.:H Cont.FILE NO.:LU06-02-01 development of the areas along Mara Lynn Road over a mile to the north west of the site. The Land Use Plan shows Single Family use to the north and east.The Plan shows Public Institutional to the south.Suburban Office is shown to the west of the site.A large area of Single Family is to the northeast and northwest,as well as to the south.To the west are Suburban Office use areas along Markham,with a couple of Public Institutional use interspersed.A large Commercial area is shown at the southwest corner of Markham and John Barrow Road to the east. MASTER STREET PLAN: Markham is shown as a Minor Arterial,with Santa Fe Trail a Local Street on the plan.A Minor Arterial is designed to provide connections to and through the urban area,with a primary function to move traffic not provide access to adjacent properties.A Local Street is to provide access to adjacent properties;movement of vehicles is a secondary function.There are no plans at this time to make further street improvements to either roadway.As a result of this application additional right-of-way or widening may be requested. BICYCLE PLAN: There are no Bike routes shown on the City Master Bike Plan adjacent to the area under review.The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. PARKS: The Little Rock Parks and Recreation Master Plan indicates there is a deficient area on the south of Markham.However there is an existing public or private recreation or open space within 8-blocks of this site as recommended by the Plan. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The site is within the area covered by the West Markham Neighborhoods Plan. The Plan does not address the issue of converting a single-family house to non-residential.However it does call to "Limit expansion of non-residential development to areas shown as non-residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity."The Plan 2 August 3,2006 ITEM NO.:H Cont.FILE NO.:LU06-02-01 also recommends repair and replacement of sidewalks along Arterials (Markham). ANALYSIS: The site under review is at the northwest corner of Santa Fe and Markham.The general area is single family homes with offices/institutional uses to the west. This is a developed area of Little Rock with any proposals for the area likely to be redevelopment proposals.The structures in the area appear to be in good condition and occupied.This is true for both the residential and non-residential uses in the area.To the east along Markham,the City has opposed the conversion of single-family homes to non-residential uses. To the south and north of Markham are single-family subdivisions,which are fully developed with homes.To the west are both small offices and large office buildings.This development pattern starts at this site and continues west to I-430 for a half mile.There are a couple of churches and one retail center also located in this corridor.To the east is all Single Family until you get to the southwest corner of Markham and John Barrow Road where a commercial center has been located for many years.The tenant mix has changed significantly over the years but the occupancy rate is high for the center. Markham is a minor arterial.The function of a minor arterial is to move vehicles around the city not to provide access to adjacent land.It is important that developments along Markham be designed to limit access and signage which might reduce the efficiency of the road to move vehicles.The Planned Development with this item proposes that the access be from the side street, Santa Fe Trail. In a developed area with homes fronting a major street,the City is continually pressured to allow the conversion of the residential to non-residential uses.The City policy is not to line major roads with retail or non-residential uses.This is to discourage some of the negative affects on the street of such uses lining them. Santa Fe Trail is a local street providing access to Markham for the neighborhood to the north.This site and the house at the northeast corner front Markham rather than Santa Fe Trail.It should be noted that there are several other homes which front Markham further to the east.The City policy does not recognized that just because a home is on a major street it can no longer be residential.For that matter there are many homes on Cantrell Road,Markham and other main roads in Little Rock. Based on a review of the structures in the area,there does appear to be demand for office space in the area.There are not a large number of vacant office structures or space.However the homes in the area are also in good condition and there does not appear to be a single-family vacancy or abandonment issue 3 August 3,2006 ITEM NO.:H Cont.FILE NO.:LU06-02-01 and there does not appear to be a single-family vacancy or abandonment issue in this area.Thus there is demand forboth uses in thearea.The only reason given to make a change is that the current owners of the property would like to use it for an office.No one has tried to indicate that there is more demand for office than residential in the area and thus a change is appropriate. The impact of a change in use from single family could have a negative impact on the desirability of the remaining homes.A change would introduce non- residential traffic on Santa Fe Trail,a residential street currently.Even if the current structure is used for the new use,the site will change in character with the addition of parking,signage,activity,and hours of usage.Of even larger concern is what a change to office might mean for the other homes fronting Markham to the east.The question becomes if it is okay to change this structure why not the others and what impact all these changes would have on the neighborhood. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Pennbrook/Clover Hill Property Owners Association,Santa Fe Heights and Treasure Hills Neighborhood Association.Pennbrook/Clover Hill Neighborhood Association, which covers this site,is opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION:(MARCH 30,2006) Walter Malone,Planning Staff review the conditions around the site.Current there appears to be demand for both Single Family and Office use in the vicinity. Staff is concerned about the implication a change might have on other single- family properties to the east.Staff can not support the requested change. Ms.Donna James presented the Planned Office District request and the two items were heard together.For a complete record of comments see item 22.1. A motion was made to approve the application as filed.By a vote of 0 for, 10 against the request was denied. STAFF UPDATE:(July 6,2006) The applicant applied the Planning Commission's denial to the Board of Directors.At the Board level the applicant proposed some changes to the site plan.The Board determined that the Commission should review the changes and referred the items back to the commission for your review.There is no 4 August 3,2006 ITEM NO.:H Cont.FILE NO.:LU06-02-01 change proposed in the Land Use Plan amendment.Staff remains opposed to the requested change of Suburban Office at the northwest corner of Santa Fe Trail and Markham. PLANNING COMMISSION ACTION:(August 3,2006) Walter Malone,Planning Staff,reminded the Commission they had already heard this request.A change in the related Planned Office District has caused both items to be referred back to the Commission.Staff believes nothing has changed in the Plan Amendment request.There is still demand for both uses, Staff believes the existing single-family should not be converted to non- residential.Staff still believes the change is not appropriate. Donna James,Planning Staff,reviewed the requested Planned Office District. The applicant and a couple of those opposed addressed the Commission (their comments were on the requested reclassification).For a full minute record see item H.1:z-8006.A motion for approval was made.By a vote of 0 for,9 against the motion failed. 5 August 3,2006 ITEM NO.:H.1 FILE NO.:Z-8006 NAME:Atkins Short-form PD-0 LOCATION:Located at 100 Santa Fe Trail DEVELOPER: Robert Atkins 10200 West Markham Street,Suite 201B Little Rock,AR 72205 ENGINEER: Donald Brooks Land Surveyor Arch Street Pike Hensley,AR AREA:0.18 acres NUMBER OF LOTS:1 FT.NEW STREET:0 LF CURRENT ZONING:R-2,Single-family ALLOWED USES:Single-family residential PROPOSED ZONING:PD-0 PROPOSED USE:Office —General and Professional VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The property located at 100 Santa Fe Trail is proposed for rezoning from R-2, single-family to PD-0 for the use of the site as an insurance agency.The intent is to retain the residential character of the property except for some additional parking and a small (32 square foot)ground mounted monument style sign. Typical business hours are from 8 am to 5 pm,Monday through Friday. Screening will be provided along the northern perimeter of the site with the placement of a six (6)foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. Currently the business employs two agents and one administrative assistant,all full time with no plans for additional employees.Customer traffic is anticipated at two (2)to three (3)per day but usually traffic is only two (2)to three (3)per week. August 3,2006 ITEM NO.:H.1 Cont.FILE NO.:Z-8006 The site plan indicates the placement of five (5)on-site parking spaces.The applicant has indicated two (2)of the parking spaces and the landscaping within the City's right-of-way.The request includes franchising of the parking and landscaping located within the right-of-way. B.EXISTING CONDITIONS: The site contains a single-family residence with a drive located on Santa Fe Trail. Single-family homes are located to the north and east of the site.To the west of the site are office uses located on the north side of West Markham and residential uses located on the south side of West Markham. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received several informational phone calls from area residents.All property owners located within 200-feet of the site,all residents who could be identified located within 300-feet of the site along with the Treasure Hill Property Owners Association,the Santa Fe Neighborhood Association and the Pennbrook Clover Hill Property Owners Association were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works Conditions: 1.Markham Street is classified on the Master Street Plan as a minor arterial with special provisions.A dedication of right-of-way 35 feet from centerline will be required. 2.The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 3.A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5.Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6.Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210.The width of driveway must not exceed 36 feet.Backing out into the right-of-way is not permissible at this location by city code. 7.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade permit prior to doing any work in the right-of-way.Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield)for more information. 8.In accordance with Section 32-8,no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications)at the intersection of Santa Fe Trail with Markham Street. 2 August 3,2006 ITEM NO.:H.1 Cont.FILE NO.:Z-8006 E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. ~Enter:No comment received. Center-Point Ener:No comment received. SBC:No comment received. Central Arkansas Water:Contact Central Arkansas Water at 377-1225 if larger and/or additional water meter(s)are required. ~yi C d t:App d h ilt d. ~dt Pi:N CATA:The site is located on CATA Bus Route ¹5—the West Markham Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:This request is located in the Rodney Parham Planning District.The Land Use Plan shows Single Family for this property.The applicant has applied for a Planned Office District for a small professional office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-02-01). Master Street Plan:Markham is shown as a Minor Arterial,with Santa Fe Trail a Local Street on the plan.A Minor Arterial is designed to provide connections to and through the urban area,with a primary function to move traffic not provide access to adjacent properties.A Local Street is to provide access to adjacent properties;movement of vehicles is a secondary function.There are no plans at this time to make further street improvements to either roadway.As a result of this application additional right-of-way or widening may be requested. ~Bi i Pi:yh Bik ~t h h City M t Bik Pi adjacent to the area under review.The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. Cit Reco nized Nei hborhood Action Plan:The site is within the area covered by the West Markham Neighborhoods Plan.The Plan does not address the issue of converting a single-family house to non-residential.However it does call to "Limit expansion of non-residential development to areas shown as non- residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity."The Plan also recommends repair and 3 August 3,2006 ITEM NO.:H.1 Cont.FILE NO.:Z-8006 replacement of sidewalks along Arterials (Markham). ~Landsca e: 1.Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 2.The proposed parking lot doesn't reflect the nine foot wide (9)minimum landscape strip.This is a requirement of both the landscape ordinance and the zoning ordinance.Seventy percent (70%)of this area is to remain undisturbed. 3.A three foot (3)wide landscape strip is required between the associated parking lot and the building. 4.For the proposed evergreens to count towards meeting the landscape and buffer minimums,in lieu of a fence,then they must create a year around opaque barrier. G.SUBDIVISION COMMITTEE COMMENT:(March 8,2006) The applicant was present representing the request.Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request.Staff stated since the request was to allow the conversion of an existing single-family structure into an office use the applicant should contact the Building Codes Division of the Department of Planning and Development to determine the potential fiscal impacts of ADA compliance. Public Works comments were addressed.Staff stated right-of-way dedication would be required along West Markham Street and Santa Fe Trail per the Master Street Plan.Staff stated the indicated parking design allowed for cars to back into the public right-of-way,which was not acceptable.Staff requested the applicant redesign the site plan to remove the backing of cars into the right-of- way. Landscaping comments were addressed.Staff stated the site plan did not reflect the nine (9)foot wide minimum landscape strip required along the northern and southern perimeters of the site.Staff also stated a three foot landscape strip would be required between the parking lot and the building. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional 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 March 8,2006,Subdivision Committee meeting.The revised site 4 August 3,2006 ITEM NO.:H.1 Cont.FILE NO.:Z-8006 plan indicates right-of-way dedication,a revised parking layout and landscaping to comply the with nine (9)foot minimum landscape strip requirement along the northern and southern perimeters of the site. The site plan indicates the placement of a monument sign located in the front yard area not to exceed six feet in height and 32 square feet.The site plan does not indicate the utilization of building signage.Staff would recommend if building signage is utilized,the signage be limited to building signage allowed in residential zones.The typical business hours are indicated from 8:00 am to 5:00 pm,Monday through Friday.A dumpster has not been located on the site. The site plan indicates screening will be provided along the northern perimeter of the site with the placement of a six (6)foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. The site plan indicates minimum landscape strips along the northern and southern perimeters.The property located to the west has a similar zoning to the request. Currently the business employs two agents and one administrative assistant,all full time with no plans for additional employees.Customer traffic is anticipated at two (2)to three (3)per day but usually traffic is only two (2)to three (3)per week. The site plan indicates the placement of five (5)on-site parking spaces.The site plan indicates two (2)of the parking spaces and the landscaping within the City' right-of-way.The request includes franchising of the parking and landscaping located within the right-of-way.The intersection is a high volume intersection. The intersection currently warrants a left turn lane.Staff is not supportive of the franchise request. The revised site plan indicates the sidewalk at the right-of-way and not located as recommended by staff at one and one-half feet from right-of-way line. Staff is not supportive of the proposed request.The applicant is requesting an amendment to the City's Future Land Use Plan in addition to the rezoning request.The site is currently shown as single-family as is the property to the east of the site.The homes on Santa Fe Trail are well maintained with what appears to be stable properties and property values.There has been a line established to the west of this site limiting the intrusion of non-residential uses into this neighborhood.Staff feels the allowance of this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use.Staff feels the unit should remain as a residential use and not be allowed this conversion. I.STAFF RECOMMENDATION: Staff recommends denial of the request. 5 August 3,2006 ITEM NO.:H.1 Cont.FILE NO.:Z-8006 PLANNING COMMISSION ACTION:(MARCH 30,2006) Mr.Paul Atkins was present representing the request.There was one registered objector present.Staff presented the item with a recommendation of denial. Mr.Atkins addressed the Commission on the merits of the application request.He stated his insurance firm was primarily a life and health insurance company.He stated clients did not come to the office for service and most service was provided at the client's home or business.He stated there were three employees of the business but very rarely were there three persons at the office.He stated the history of the site was the site had been a rental unit.He stated the house had not been maintained and the area residents were dissatisfied with the previous owners.He stated he had met with the neighbors and most felt the use of the site as an office use was an appropriate use. He stated the intent was to maintain the residential character of the unit and provide protection to the abutting property owners.He stated limiting the hours of operation would not interfere with the area residents.He stated signage was not necessary if the Commission deemed the indicated signage as out of character with the neighborhood. Ms.Ruth Bell addressed the Commission in opposition of the request.She stated a lager number of the homes located in Hillcrest were rental units and the neighborhood seamed to work quiet well.She stated the neighborhood abutting the proposed office development was a stable neighborhood with a mix of family types ranging from young married families to elderly residents.She stated she felt Mr.Atkins would be a good neighborhood while he was there but when he moved to a larger office and the next office tenant moved they may not be as good of a neighbor.She stated she felt the use an inappropriate use in a residential area. Mr.Atkins stated the residents would prefer the site to be owner occupied and a family live in the unit.He stated the structure would be owner occupied just he would not live there. There was a general discussion concerning the proposed use of the site. Commissioner Yates questioned the applicant's as to their current location and the reason for moving.Mr.Atkins stated his office was located on West Markham a few blocks away.He stated this was an opportunity to own the building and not lease space. There was a general discussion concerning the proposed parking and the volume of traffic on the abutting streets.Mr.Atkins questioned if redesigning the parking outside the right-of-way would satisfy the Commission.The Commission questioned the location of the proposed parking.Mr.Atkins stated along the northern and southern portions of the building. There was a general discussion concerning the approval of the Land Use Plan verses the approval of the rezoning request.A motion was made to approve the proposed Land Use Plan Amendment (Item ¹22).The motion failed by a vote of 0 ayes,10 noes 6 August 3,2006 ITEM NO.:H.1 Cont.FILE NO.:Z-8006 and 1 absent.A motion was made to approve the rezoning request.The motion failed by a vote of 2 yes,8 noes and 1 absent. STAFF UPDATE:(August 3,2006) This item was scheduled to be heard by the Board of Directors at their June 20,2006, Public Hearing as an appeal of the Planning Commissions recommendation of denial. At the Board of Directors meeting,the applicant indicated a modification to the site plan was being requested.The applicant indicated the site plan would be redesigned to remove the parking from the right-of-way.The Board of Directors determined any modification to the site plan reviewed by the Commission should be returned to the Commission for a recommendation of the current application request.Based on the revised site plan the Public Works Department and Landscape comments have been revised.They are as follows: ENGINEERING COMMENTS: Public Works Conditions: 1.Markham Street is classified on the Master Street Plan as a minor arterial with special provisions.A dedication of right-of-way 35 feet from centerline will be required. 2.The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 3.A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5.Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6.Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210.The width of driveway must not exceed 36 feet.Backing out into the right-of-way is not permissible at this location by city code. 7.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade permit prior to doing any work in the right-of-way.Contact Traffic Engineering at (501)379-1817 (Derrick Bergfield)for more information. 8.In accordance with Section 32-8,no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications)at the intersection of Santa Fe Trail with Markham Street. ~Ed 1.Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 7 August 3,2006 ITEM NO.:H.1 CONT FILE NO.:Z-8006 buffer ordinance requirements along Santa Fe Trail. The revised site plan has not indicated the dedication of right-of-way as required by the Master Street Plan.A dedication of 35-feet from centerline of West Markham and 30-feet from centerline on Santa Fe Trail will be required at the time of development.The site plan has indicated the radial dedication,sidewalk placement and construction and driveway width in accordance with Sections 30- 43 and 31-210.The revised site plan has also removed any obstructions to visibility within the triangular area 50-feet back from the intersecting right-of-way line of Santa Fe Trail and West Markham Street. The revised site plan appears to place the required landscaping within the area required for right-of-way dedication along Santa Fe Trail.The sidewalk has been placed at the back of curb along Santa Fe Trail thus leaving the only available landscape area within the right-of-way.All other landscaping appears to comply with the minimum ordinance standards. The current proposal is to revise the applicant's request for the site by utilizing the existing carport for one parking space and placing three additional parking spaces on the site.As was previously indicated,the business employs two full time agents and one administrative assistant.The business services a maximum of two to three customers on site per day since most of the customer activity takes place at the customers'usiness or residence.The indicated parking should be adequate to serve the development. Staff continues to not support the request.The site is located in an area indicated as Single Family on the City's Future Land Use Plan as is the property to the north and east of this site.Staff feels the site should be maintained as residential to protect the area from encroachment of non-residential activities into this somewhat stable and well maintained neighborhood.As previously indicated a line has been established to the west of this site limiting the intrusion of the non-residential uses into this neighborhood.Allowing this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use.Staff feels this unit should be maintained as a residential use and not be allowed to convert to a non-residential use as pl oposed. PLANNING COMMISSION ACTION:(August 3,2006) Mr.Paul Atkins was present representing the request.There were registered objectors present.Staff stated the item was previously heard by the Commission and was at the Board of Directors on an appeal of the Commissions recommendation of denial.Staff stated the applicant had amended their site plan and the Board of Directors had returned the item to the Commission for reconsideration.Staff presented the item with a recommendation of denial. Mr.Paul Atkins stated he was now proposing to utilize the carport as parking to allow the required on-site parking.He provided the Commission with letters of support from 8 August 3,2006 ITEM NO.:H.1 CONT FILE NO.:Z-8006 the adjoining property owners.He stated the neighbors would like to see the property maintained and used as an office use rather than remain in its current stated.He stated there were a number of office and residential uses located in close proximity through out the City.He provided the Commission with a number of examples including a number in the Hillcrest neighborhood.He stated the mixing of office and residential did not appear to have hurt property values in the Hillcrest area since the neighborhood was very popular.He stated with the placement of an office use on the site this would bridge a gap for needed office adjacent to residential which existed through-out the city. Ms.Carol Young addressed the Commission in opposition of the requests.She stated she was representing the League of Women Voters of Pulaski County for the evening. She stated the League had considered the request and felt the request was inappropriate for the location.She stated the neighborhood as a whole was somewhat stable.She stated a number of the uses shown located in Hillcrest had been in existence for a number of years.She stated if they were to come in today and request a rezoning the league would likely not support the conversion.She stated it was a slippery slope when you put non-residential uses into a residential area. Ms.Nell Matthews-Monk addressed the Commission in opposition of the request.She stated she too was with the League of Women Voters but was speaking as a citizen. She stated she did not support the request.She stated the location was not appropriate for the conversion of a residential use to an office use.She stated Mr.Atkins had provided a photo of the Shelter building located on Rodney Parham Road.She stated the building was not situated the same as the residence proposed for conversion by Mr. Atkins.She stated the Rodney Parham site was located facing Rodney Parham Road and a screening fence was placed along the western perimeter to screen the adjoining homes. Mr.Atkins stated he was willing to limit the use to his ownership and if he no longer operated a business from the site the only allowable use would be residential.He stated the structure would remain residential in character and the only addition would be parking along Santa Fe.He stated it was important for an area to maintain a mix of office and residential uses for a healthy neighborhood.He stated this would reduce the number of trips by allowing persons to walk to their destination. There was a general discussion concerning the existing non-residential uses in the area.Commissioner Meyer questioned the use of the structure prior to the applicant's buying the property.Mr.Atkins stated the structure had been used as storage and a rental unit. Commissioner Laha questioned Ms.Young as to the reasoning for the League supporting day care family homes and not supporting the office use in this location.Ms. Young stated typically the League viewed daycare homes differently because they were providing a service and allowing a person,typically a female to gain economically.She stated it was viewed more as economic development than a business. There was no further discussion of the item.A motion was made to approve the request.The motion failed by a vote of 2 ayes,7 noes and 2 absent. 9 August 3,2006 ITEM NO.1 S-1418-A NAME:Stalcup Addition Preliminary Plat LOCATION:located on the Southeast corner of Taylor Loop Road and Gooch Lane DEVELOPER: Mike Stalcup 15901 Taylor Loop Road Little Rock,AR 72223 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue,Suite 202 Little Rock,AR 72201 AREA:0.91 acres NUMBER OF LOTS:3 FT.NEW STREET:0 CURRENT ZONING:R-2,Single-family PLANNING DISTRICT:19 CENSUS TRACT:42.11 VARIANCES/WAIVERS REQUESTED:A waiver of the required street improvements to Gooch Drive. BACKGROUND: The Little Rock Planning Commission reviewed and approved a preliminary plat for this site on March 11,2004.The applicant proposed to subdivide an existing parcel into three single-family lots.An existing home was located on Lot 1 and a new home was proposed on Lot 2.Proposed Lot 3 was to be held for future development. Per Section 31-94(e)of the Little Rock Code of Ordinances,a preliminary plat approved by the Planning Commission shall be effective and binding upon the Commission for two (2)years from the date of approval or as long as work is actively progressing,at the end of which time the final plat application for the subdivision must have been submitted to the Planning staff.Any plat not receiving final approval within the period of time set forth or otherwise conforming to the requirements of Chapter 31 shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and Chapter 31. August 3,2006 ITEM NO.1 CONT FILE NO.:S-1418-A A five-year deferral of the Master Street Plan improvements to Taylor Loop Road and Gooch Drive was previously approved.A radial dedication and intersection improvements were required at the time of approval. A.PROPOSAL/REQUEST: The previously approved preliminary plat has expired for the property and the applicant is seeking approval of a preliminary plat to allow the subdivision of 0.91 acres into three (3)single-family residential lots.The lots are indicated containing a minimum lot size of 7,720 square feet (Lot 3)and an average lot size of 8,125 square feet. The request includes a waiver of the required street construction to Gooch Drive. B.EXISTING CONDITIONS: The site contains an existing single-family structure located near the intersection of Taylor Loop and Gooch Drive and a second home has been located on site along the eastern perimeter.The second home was moved from a nearby location and set on the foundation.No additional work has been completed on the structure and the structure is not habitable.Other uses in the area include single-family homes located on acreage.The area to the southeast is currently developing as a single-family subdivision.Immediately east of the site a PD-R for a townhouse development containing 11 units was recently approved.No site work or construction for the development has begun. Both Taylor Loop Road and Gooch Drive are unimproved roadways with open ditches for drainage. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received one informational phone call from an area resident concerning the proposed platting request.All abutting property owners, the Westchester/Heatherbrae and Charleston Height/North Rahling Road Neighborhood Associations were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.Taylor Loop 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.A 20 foot radial dedication of right-of-way is required at the intersection of Taylor Loop Road and Gooch Drive. 2 August 3,2006 ITEM NO.1 CONT FILE NO.:S-1418-A 3.With site development,provide the design of the streets conforming to the Master Street Plan.Construct one-half street improvements to Taylor Loop Road and Gooch Drive including 5-foot sidewalks with the planned development. 4.Lot 1 must take access from Gooch Drive. 5.A 7.5 foot drainage easement should be platted along the eastern property line.The ditch located along the eastern property line should be cleaned prior to final platting. 6.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easements to serve Lot 2. Contact Little Rock Wastewater Utility at 688-1414 for additional information. ~Enter:No comment received. Center-Point Ener:No comment received. AT 8 T:No comment received. Central Arkansas Water:A Capital Investment Charge based on the size of the meter connection(s)will apply to this project in addition to normal charges.The Little Rock Fire Department needs to evaluate this site to determine whether additional public fire hydrant(s)will be required.If additional fire hydrant(s)are required,they will be installed at the Developer's expense.Contact Central Arkansas Water at 377-1225 for additional information. ~FO d:Add d d It d. C ttPI d:N CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. ~Ed:N 3 August 3,2006 ITEM NO.1 CONT FILE NO.:S-1418-A G.SUBDIVISION COMMITTEE COMMENT:(July 13,2006) Mr.Mike Stalcup was present.Staff presented an overview of the proposed preliminary plat indicating the Commission had approved a plat request for the site which had expired.Staff stated once the plat expired the applicant was required to seek approval from the Commission as a new application.Staff stated there were a few additional items necessary to complete the review process.Staff requested the applicant provide the name and address of the landowner in the general notes section of the preliminary plat.Staff also questioned if there were any waivers or variances being request. Mr.Stalcup stated he was willing to construct the street improvements to Taylor Loop Road and construct the radius as was previously approved.He stated Gooch was a private street and did not require improvements.Staff stated Gooch was a public street based on the Mackey Court Order.Mr.Stalcup stated the previous approval did not require improvements to Gooch.Staff stated they would review the previous approval and the conditions would remain as were previously approved. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the July 13,2006,Subdivision Committee meeting.The applicant has indicated the name and address of the landowner,the dedication of right-of-way for Taylor Loop Road and Gooch Road and indicated the required street improvements would be completed to Taylor Loop Road. The Planning Commission approved the preliminary plat on March 11,2004 to allow the creation of three lots and a five year deferral of the street improvements to Taylor Loop Road and Gooch Drive.The site contains 0.91 acres and the applicant is proposing three (3)single-family residential lots for a density of 3.29 units per acre.The lots will have public street frontage along Gooch Drive and Taylor Loop Road.The lots are indicated containing a minimum lot size of 7,720 square feet (Lot 3)and an average lot size of 8,125 square feet adequate to meet the minimum requirements of the Subdivision Ordinance. The request includes a waiver of the required street construction to Gooch Drive. Although staff is supportive of the subdivision request staff is not supportive of the waiver of the Master Street Plan improvement requirement to Gooch Drive. Gooch Drive is a narrow roadway with open ditches for drainage.Staff feels the portion of the road abutting the plat area should be constructed to meet the current ordinance standard. 4 August 3,2006 ITEM NO.1 CONT FILE NO.:S-1418-A STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating the applicant had submitted a request dated August 2,2006,requesting the item be deferred to the September 14, 2006,public hearing.Staff stated the deferral request would require a By-law waiver with regard to the late deferral request date.Staff stated they were supportive of the deferral request. There was no further discussion of the item.The Chair entertained a motion for approval of the By-law waiver with regard to the late deferral request.The motion carried by a vote of 9 ayes,0 noes and 2 absent.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 5 August 3,2006 ITEM NO.:2.S-1529 NAME:Woodlawn Hills Preliminary Plat LOCATION:located on the Westward extension of Forest Maple Court DEVELOPER: Spillway Homes,LLC 43 Prospect Trail North Little Rock,AR 72218 ENGINEER: Civil Design,Inc. 15104 Cantrell Road Little Rock,AR 72223 AREA:2.589 acres NUMBER OF LOTS:10 FT.NEW STREET:0 LF CURRENT ZONING:R-2,Single-family PLANNING DISTRICT:19 —Chenal Planning District CENSUS TRACT:42.11 VARIANCES/WAIVERS REQUESTED:None requested. The applicant submitted a request dated July 19,2006,requesting this item be withdrawn from consideration without prejudice.Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present.There were no registered objectors present.Staff stated the applicant had submitted a request dated July 19,2006,requesting the item be withdrawn from consideration without prejudice.Staff stated they were supportive of the withdrawal request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Withdrawal.The motion carried by a vote of 9 ayes,0 noes and 2 absent. August 3,2006 ITEM NO.:3.S-1530 NAME:Arkansas Realtors Association Preliminary Plat LOCATION:located on Executive Center Drive,West of Centerview Drive DEVELOPER: Arkansas Realtors Association 1701 Centerview Drive,Suite 201 Little Rock,AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock,AR 72223 AREA:4.5 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF CURRENT ZONING:0-3,General Office District PLANNING DISTRICT:11 —I-430 CENSUS TRACT:24.04 VARIANCES/WAIVERS REQUESTED: 1.A variance to allow the creation of a lot without public street frontage (Section 31-231). A.PROPOSAL: The property contains 4.5 acres.The developer is proposing to subdivide the property into two (2)lots.The rear lot will require a variance from the Subdivision Ordinance,Section 31-231,to allow the creation of a lot without public street frontage.According to the applicant the property has an extreme depth relative to the width and an existing draw running through the property provides a natural lot line.Access to the lot will be provided from a common access easement located along the eastern perimeter of Lot 1.Lots 1 and 2 will share and maintain the cost of the driveway.Lot 2 will be developed as an office building for the Arkansas Realtors Association.Lot 1 will be held for future development. August 3,2006 ITEM NO.3 CONT FILE NO.:S-1530 B.EXISTING CONDITIONS: The site is tree covered as is the property to the east.To the south of the site is a large office building.To the west of the site are two additional office buildings. Centerview Drive is constructed to Master Street Plan standard. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received one informational phone call from an area resident.The Gibralter Height/Point West/Timber Ridge Neighborhood Association,the John Barrow Neighborhood Association,the Sandpiper Neighborhood Association and all abutting property owners were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). 3.A grading permit in accordance with Section 29-186 (c)and (d)will be required prior to any land clearing or grading activities at the site.Site grading,and drainage plans will need to be submitted and approved prior to the start of construction. 4.Storm water detention ordinance applies to this property. 5.A shared access driveway with the property to the west should be provided. Lots 1 and 2 should take access from this shared access easement. 6.A 15 foot drainage easement should be provided between Lots 1 and 2. 7.If disturbed area is one (1)or more acres,obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available to this property. ~Enter:No comment received. Center-Point Ener:No comment received. AT 8 T:No comment received. 2 August 3,2006 ITEM NO.3 CONT FILE NO.:S-1530 Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.Additional fire hydrant(s)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).A water main extension will be required in order to provide service to Lot 2.This development will have minor impact on the existing water distribution system.Proposed water facilities will be sized to provide adequate pressure and fire protection.Contact Central Arkansas Water at 377-1225 for additional information. ~NC d:App d P ttt d. C ttPI t t:N CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. ~td ~:N ~ G.SUBDIVISION COMMITTEE COMMENT:(AUGUST 3,2006) Mr.Joe White and Mr.Ron Tabor were present representing the request.Staff presented an overview of the proposed subdivision indicated there were additional items necessary to complete the review process.Staff stated the driveway should be relocated to allow a shared driveway with the property to the west.Mr.Tabor stated this was not an option since the property to the west was developed and their driveway was in place.Staff stated the ordinance required minimum separations for driveway placement.Staff stated the driveway width needed to be 60 feet and 31 feet of paving.Staff also stated drives were to be 125 feet from property lines and 250 feet between the drives.Mr.Tabor stated the drive proposed was only 26 feet and questioned if a variance could be sought.Mr.Tabor stated only 65 percent of the site was developable due to topography.He stated the site would not develop with an intense development generating a great deal of traffic.Mr.White stated he would review the separation issue and get back with staff. 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. 3 August 3,2006 ITEM NO.3 CONT FILE NO.:S-1530 H.ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the July 13,2006,Subdivision Committee meeting.The applicant has relocated the driveway to the eastern property line to reduce potential conflicts with the existing drive located to the west.The drive has also been indicated as a 60-foot access and utility easement with 31-feet of pavement to meet a minor commercial street standard per the Master Street Plan. The rear lot will require a variance from the Subdivision Ordinance,Section 31- 231,to allow the creation of a lot without public street frontage.Access to the lot will be provided from a common access easement located along the eastern perimeter of Lot 1 and Lots 1 and 2 will share the maintenance cost of the driveway. Staff is supportive of the request.The site is currently zoned 0-3,General Office District and contains a total of 4.5 acres.The average lot size proposed is 2.26 acres with a minimum lot size of 1.975 acres.Staff does not feel the requested variance to allow the development of a lot without public street frontage will adversely impact the adjoining properties.To staff's knowledge there are no outstanding issues associated with the request. I.STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,E and F of the above agenda staff report. Staff recommends approval of the requested variance from the Subdivision Ordinance,Section 31-231,to allow the creation of a lot without public street frontage. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,E and F of the above agenda staff report.Staff also presented a recommendation of approval of the requested variance from the Subdivision Ordinance,Section 31-231,to allow the creation of a lot without public street frontage. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Approval.The motion carried by a vote of 8 ayes,0 noes,2 absent and 1 recusal (Commissioner Jeff Yates). 4 August 3,2006 ITEM NO.:4.S-1531 NAME:Whispering Ridge Subdivision Preliminary Plat LOCATION:located South of Alexander Road,West of Vimy Ridge Road DEVELOPER: Paul Evans 1805 South Woodrow Little Rock,AR 72206 ENGINEER: ETC Engineers 1510 South Broadway Little Rock,AR 72202 AREA:29 acres NUMBER OF LOTS:114 FT.NEW STREET:5,970 LF CURRENT ZONING:R-2,Single-family PLANNING DISTRICT:16 —Otter Creek CENSUS TRACT:41.04 VARIANCESNVAIVERS REQUESTED:None requested. The applicant submitted a request dated July 20,2006,requesting this item be deferred to the August 17,2006,public hearing.Staff is supportive of the deferral request. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item stating the applicant had submitted a request dated July 20,2006,requesting the item be deferred to the September 14, 2006,public hearing.Staff stated they were supportive of the deferral request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 8 ayes,0 noes,2 absent and 1 recusal (Commissioner Mizan Rahman). August 3,2006 ITEM NO.:5.S-1528 NAME:Kroger Subdivision Site Plan Review LOCATION:located at 8415 West Markham Street DEVELOPER: Kroger Limited Partnership I 800 Ridgelake Boulevard Memphis,TN 38120 ENGINEER: Pickering,Inc. 6775 Lenox Center Court,Suite 300 Memphis,TN 38115 AREA:4.01 acres NUMBER OF LOTS:1 FT.NEW STREET:0 LF CURRENT ZONING:C-3,General Commercial District PLANNING DISTRICT:3 —West Little Rock CENSUS TRACT:21.01 VARIANCESNVAIVERS REQUESTED:None requested. The applicant submitted a request dated July 17,2006,requesting this item be deferred to the September 14,2006,public hearing.Staff is supportive of the deferral request. PLANNIING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item stating the applicant had submitted a request dated July 17,2006,requesting the item be deferred to the September 14, 2006,public hearing.Staff stated they were supportive of the deferral request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 9 ayes,0 noes and 2 absent. August 3,2006 ITEM NO.:6.Z-4336-Y NAME:Arkansas Children's Hospital Zoning Site Plan Review LOCATION:located at 11'"and Wolfe Streets DEVELOPER: Arkansas Children's Hospital 800 Marshall Street Little Rock,AR 72202 ENGINEER: Cromwell Architects Engineers Attn:Kent Taylor 101 South Spring Street Little Rock,AR 72201 AREA:0.25 acres NUMBER OF LOTS:1 Zoning Lot FT.NEW STREET:0 LF CURRENT ZONING:0-2,Office and Institutional PLANNING DISTRICT:8 —Central City CENSUS TRACT:10 VARIANCES/WAIVERS REQUESTED:A variance to allow a reduced setback along the western perimeter (24.1-feet).Section 36-280(e)(1) A.P ROPOSAL: The request is a Zoning Site Plan Review of this 0-2,Office and Institutional District property.The site is located at the intersection of West 11'"Street and Wolfe Street and serves as the Energy Building for Arkansas Children's Hospital. The Energy Building provides chilled and hot water,as well as emergency power for much of the hospital campus.The desire is to build an addition onto the northwest corner of the Energy Building in order to facilitate major new facilities on the campus,as well as to provide a fully redundant system.These major new facilities are in the beginning stages of design.The project will not impact any current landscaping,as the entire proposed addition is to be constructed on an existing paved area.All existing landscaping will be maintained or replaced as needed. August 3,2006 ITEM NO.:6.Cont.Z-4336-Y B.EXISTING CONDITIONS: The area proposed for site plan review is located adjacent to an existing building containing hospital facilities.The site is located within an area that is occupied and owned by the Arkansas Children's Hospital.West of the site is a parking lot covering the entire block and southwest of the site are office uses.Across 13'" Street is a site zoned PD-R which has redeveloped as an apartment facility. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has not received any comment from an area resident.The Capitol Hill Neighborhood Association,the Central High Neighborhood Association and all property owners located within 200 feet of the site were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available to existing building on site. EntercnE:No comment received. Center-Point Ener:No comment received. AT 8 T:No comment received. Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.If there are facilities that need to be adjusted and/or relocated,contact Central Arkansas Water.That work would be done at the expense of the developer.It appears that there may be a conflict with an existing 16-inch main that was cut and plugged 16.5 feet east of existing fire hydrant 01225.Please submit two copies of the plans for modification of the fire protection system to Central Arkansas Water for review.Contact Central Arkansas Water regarding procedures for extension of the fire service to this facility.Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly.If additives are used,a reduced pressure zone backflow preventer will be required.Contact Central Arkansas Water at 377- 1225 for additional information. 2 August 3,2006 ITEM NO.:6.Cont.Z-4336-Y ~Fi ~d I:I t litt hyd I p d.B tth tktl ~kFI Department at 918-3700 for additional information. B~tPI:N ~ CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment.d:B pll Ith h Bty'd p ddd Qdl required. G.SUBDIVISION COMMITTEE COMMENT:(July 13,2006) The applicants were present representing the request.Staff presented an overview of the project indicating there were few outstanding issues associated with the request.Staff noted the Public Works conditions and the comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification.The applicant stated there were no concerns with the comments as noted and stated they would contact the water department concerning their comment about the water main.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. H.ANALYSIS: There were no outstanding issues related to the request remaining from the July 13,2006,Subdivision Committee meeting.The request is a Zoning Site Plan Review for property located at the intersection of West 11'"Street and Wolfe Street.The property serves as the Energy Building for Arkansas Children' Hospital providing chilled and hot water and emergency power for much of the hospital campus.The request is to build an addition to the northwest corner of the Energy Building matching the western facade of the existing building.The addition is necessary to facilitate major new facilities on the campus which are currently in the beginning stages of design,as well as to provide a fully redundant system.The project as proposed does not impact any on-site landscaping since the entire proposed addition is to be constructed on an existing paved area. The proposed construction will require a variance to allow a reduced building setback along the western perimeter of the site.The proposed construction will match the existing building setback along this building face.Staff is supportive of the requested variance.Staff does not feel the variance will impact the adjoining properties since the proposed construction matches the existing building face. 3 August 3,2006 ITEM NO.:6.Cont.Z-4336-Y Staff is supportive of the request.To staff's knowledge there are no outstanding issues associated with the request.Staff does not feel the proposed addition will have any adverse impact on the area or on adjoining properties. I.STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,E and F of the above agenda staff report. Staff recommends approval of the requested variance to allow a reduced building setback along the western perimeter. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,E and F of the above agenda staff report.Staff also presented a recommendation of approval of the requested variance to allow a reduced building setback along the western perimeter. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Approval.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 4 August 3,2006 ITEM NO.:7.Z-4663-C NAME:The Shoppes at Montclair Long-form PCD LOCATION:located at 12226 Kanis Road DEVELOPER: Kanis Otter Creek Property Partners,LLP 8060 Count Massie Road North Little Rock,AR 72113 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock,AR 72223 AREA:6.99 acres NUMBER OF LOTS:1 FT.NEW STREET:0 LF CURRENT ZONING:POD ALLOWED USES:Office Building and 136 Room Assisted Living Facility PROPOSED ZONING:PCD PROPOSED USE:Mixed Office,Commercial VARIANCES/WAIVERS REQUESTED:None requested. The applicant submitted a request dated July 20,2006,requesting this item be deferred to the September 14,2006,public hearing.Staff is supportive of the deferral request. PLANNING COMMISSION:(August 3,2006) The applicant was present representing the request.There were registered objectors present.Staff presented the item stating the applicant had submitted a request dated July 20,2006,requesting the item be deferred to the September 14,2006,public hearing.Staff stated they were supportive of the deferral request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 9 ayes,0 noes and 2 absent. August 3,2006 ITEM NO.:8.Z-5224-K NAME:Meramee Specialty Company Revised Short-form PCD LOCATION:located at 18220 Cantrell Road DEVELOPER: Meramee Specialty Company 381 Front Street West Memphis,AR 77301 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court,Suite A Little Rock,AR 72210 AREA:1.85 Acres NUMBER OF LOTS:1 FT.NEW STREET:0 CURRENT ZONING:PCD ALLOWED USES:General Commercial PROPOSED ZONING:Revised PCD PROPOSED USE:Seasonal Sale of Class C 1.4G Common Fireworks from June 20'" through July 4'f each year. VARIANCES/WAIVERS REQUESTED:None requested. The applicant submitted a request dated July 7,2006,requesting this item be withdrawn from consideration without prejudice.Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present.There were no registered objectors present.Staff stated the applicant had submitted a request dated July 7,2006,requesting the item be withdrawn from consideration without prejudice.Staff stated they were supportive of the withdrawal request. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Withdrawal.The motion carried by a vote of 9 ayes,0 noes and 2 absent. August 3,2006 ITEM NO.:9.Z-5654-C NAME:South Square Revised Long-form PCD LOCATION:located at 11725 Chenal Parkway DEVELOPER: South Square LLC 2851 Lakewood Village Drive North Little Rock,AR 72116 ENGINEER: White Daters and Associates 424 Rahling Circle Little Rock,AR 72223 ARCHITECT: Andrew Hicks Architects 3200 South Shackleford Little Rock,AR 72205 AREA:11.17Acres NUMBER OF LOTS:1 FT.NEW STREET:0 CURRENT ZONING:PCD ALLOWED USES:Retail and Two (2)Restaurant buildings PROPOSED ZONING:Revised PCD PROPOSED USE:Retail,Restaurant buildings —placement of additional signage VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAUREQUEST: Ordinance No.19,279 adopted by the Little Rock Board of Directors on February 15,2005,approved an additional restaurant building for this site with specific allowable signage.The approved PCD for this site allowed a ground mounted sign consistent with signage allowed per the Chenal Design Overlay District and building signage to be placed on the front and rear (north and south)of the August 3,2006 ITEM NO.:9 Cont.F ILENO:Z-5654-C building consistent in size to wall signage allowed in Section 36-555 or a maximum of ten percent of the facade area.The approved signage has been installed and the applicant is now requesting the placement of signage along the eastern facade.The third building sign is thought to be necessary to identify the restaurant from the east side.The site grades in this area are dramatic from the Chenal Parkway side.The oak trees in the landscape are maturing.Thus,the two existing building signs are nearly invisible from Chenal Parkway,as is most of the building.The Mimi's Cafe owners feel the current sign condition is inadequate due to physical site constraints. B.EXISTING CONDITIONS: The site contains three buildings,Mimi's Cafe,Garden Ridge and On the Border Restaurant,along with an abundance of hard surface parking.The land area has a slight elevation change from the Hermitage/Bowman area falling to the east toward the Parkway at Autumn Road.The area around the site is a major commercial node that has developed intensely with a mixture of uses.Directly across Hermitage Road is an office/mini-warehouse development and a strip center faces Bowman Road.Wal-Mart and Sam's are across Bowman Road to the west of the site. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has not received any comment from the area residents. The Birchwood,Parkway Place,John Barrow and the Gibralter Heights/Point West/Timber Ridge Neighborhood Associations along with all property owners within 200-feet of the site and all residents,who could be identified,within 300- feet of the site were notified of the Public Hearing. D.SUBDIVISION COMMITTEE COMMENT:(July 13,2006) The applicant was not present representing the request.Staff stated the request was to allow the placement of a sign along the eastern facade of the existing building.Staff stated there were no outstanding issues associated with the request.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. E.ANALYSIS: There were no issues remaining from the July 13,2006,Subdivision Committee meeting.The applicant is requesting signage to be placed along the eastern facade of the existing Mini's Cafe.The previously approved PCD allowed wall signage to be placed on the front and rear (north and south)of the building consistent with signage allowed in Section 36-555 or a maximum of ten percent of the facade area. Staff is supportive of the request.The building has been constructed with public 2 August 3,2006 ITEM NO.:9 Cont.F I LE NO:Z-5654-C street frontage fronting Chenal Parkway along the eastern and northern facades. Typically signage is allowed on all sides which have public street frontage.The signage along the southern facade which fronts into the parking lot and faces Hermitage Road was allowed as a part of the previously approved PCD.Staff does not feel the addition of a third sign on the building will have any adverse impact on the area or the adjoining properties Since the proposed sign will also have direct frontage.To staffs knowledge there are no outstanding issues associated with the request. F.STAFF RECOMMENDATIONS: Staff recommends approval of the request to allow signage as proposed along the eastern facade of the building. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item with a recommendation of approval of the request to allow the signage as proposed along the eastern facade of the building. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Approval.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 3 August 3,2006 ITEM NO.:10.Z-7605-B NAME:Chevaux Court Revised Short-form POD LOCATION:located on the Southeast corner of Cantrell Road and Chenonceau Boulevard DEVELOPER: Orion Capitol Ventures 2200 N.Rodney Parham Road,Suite 206 Little Rock,AR 72212 ENGINEER: White-Daters and Associates ¹24Rahling Circle Little Rock,AR 72223 AREA:3.4 Acres NUMBER OF LOTS:1 FT.NEW STREET:0 CURRENT ZONING:POD ALLOWED USES:Planned Office Development —0-3 General Office District uses PROPOSED ZONING:Revised POD PROPOSED USE:Planned Office Development —0-3 General Office District uses— creation of lot lines VARIANCESNVAIVERS REQUESTED: 1.A variance request to allow backing into a service easement. 2.A variance to allow the development of lots without public street frontage. BACKGROUND: Ordinance No.19,098,adopted by the Little Rock Board of Directors on May 18,2004, established Chevaux Short-form POD.The project consisted of 33,600 square feet of proposed building space containing 0-3,General Office District uses.The applicant requested ten percent of the building square footage be allowed the Accessory uses allowed in the 0-3 zoning district.The applicant indicated 142 parking spaces or 4.23 spaces per 1000 square feet.The proposed building was indicated as an "L"shaped building and turned away from existing residential property to the south and east.The rear of the building was to act as screening to the adjoining properties to the east and south since no doors or windows were proposed other than those required by fire code. August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B A cross access easement and shared driveway would be utilized to provide adequate circulation with the adjacent development to the west. Ordinance No.19,451 adopted by the Little Rock Board of Directors on December 5, 2005,revised the previously approved Planned Office Development to allow the creation of seven lots and the construction of seven buildings each on individual lots. The applicant indicated smaller individual building footprints to allow the construction to match the existing topography of the site.The applicant indicated site improvements and perimeter landscaping would be constructed as an overall development.There were variances approved to allow the development of lots without public street frontage and to allow backing into the access easement.The applicant indicated each of the lots would be final platted in a single phase.The applicant also indicated the buildings would be constructed based on market demand. A.PROPOSAL/REQUEST: The applicant is now requesting to amend the POD zoning for Chevaux Office Development.The requested amendment would allow the front one-half of the site to develop with a branch bank facility,with drive-through,and the rear remaining two acres would remain relatively unchanged with five lots as approved in the previous site plan.The buildings proposed for the five lots will range in size from 4,200 square feet to 5,000 square feet with 0-3 uses as allowable uses.There are no changes in the proposed driveway cuts from Cantrell Road with access being along the eastern perimeter and a shared driveway access near the western perimeter. B.EXISTING CONDITIONS: The site is vacant and sloping slightly from Cantrell Road.There are single- family homes located to the south and east of the site.To the west of the site is property recently developed with a strip retail center. Cantrell Road adjacent to the site is a four lane roadway with a turn lane at Chenonceau Boulevard.A traffic signal has been installed at the intersection of Chennonceau Boulevard and Cantrell Road.There is not a sidewalk in place adjacent to the site. D.ENGINEERING COMMENTS: Public Works: 1.Per the land alteration regulations,Section 29-186(h),a one time approval was given by Public Works to allow stockpiling of construction spoil material on site for a period of six (6)months.The six (6)months has been exceeded and the material must be removed.A building permit has been applied for the project. 2.Storm water detention ordinance applies to this property. 2 August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B 3.Obtain permits for improvements within State Highway right-of-way from AHTD,District Vl. 4.Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 5.Cantrell Road is classified on the Master Street Plan as a principal arterial. 6.Dedication of right-of-way to 55 feet from centerline will be required. 7.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 8.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). 9.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. 10.If disturbed area is one (1)or more acres,obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11.Sidewalk should be installed on east side of the private drive/street. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required,with easements,to serve the proposed development.Contact Little Rock Wastewater Utility at 688-1414 for additional information. ~Enter:No comment received. Center-Point Ener:No comment received. AT 8 T:No comment received. Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.A Capital Investment Charge based on the size of the meter connection(s)will apply to this project in addition to normal charges.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).A water main extension will be required in order to provide service to this property.Easements are required to adequately install and maintain the water main adjoining the right-of-way of Cantrell Road,as well as within the development.This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection.Contact Central Arkansas Water at 377-1225 for additional information. 3 August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B ~Fi C d t:I t IIII kyd t p d.C t ttk ttltl ~kFI Department at 918-3700 for additional information. ~CPI:N CATA:The site is located on CATA Bus Route ¹25—the Highway 10 Express Route. F.ISSUES/TECHNI GAUD ESIGN: Plannin Division:This request is located in the Chenal Planning District.The Land Use Plan shows Office for this property.The applicant has requested to revise a previously approved Planned Office Development to allow a six lot development with five lots being used as office uses and the sixth lot being used as a branch bank facility.The request does not require a change to the Land Use Plan. Master Street Plan:Cantrell Road is shown as a Principal Arterial on the Master Street Plan.The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial.Chenonceau Boulevard is shown as a Minor Arterial.A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area.These streets may require dedication of right- of-way and may require street improvements. ~Bi I Pl:A CI II Btk ~t I k C II ~d t t Chenonceau Boulevard.A Class II bikeway is located on the street as either a five foot shoulder or six foot marked bike lane.Additional paving and right of way may be required.A Class III bikeway is located on Chenonceau Boulevard.A Class III bikeway is a signed route on a street shared with traffic.No additional paving or right-of-way is required.Class III bicycle route signage may be required. Ci Reco nized Nei hborhood Action Plan:The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. I d 1.Compliance with the City's Landscape and Buffer Ordinances is required. 2.All previous comments apply. 3.Interior islands are to be evenly distributed.An additional island is needed in the parking area along Cantrell Road. 4.Berming is encouraged along Cantrell Road in accordance with the Highway 10 Design Overlay District. 4 August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B 5.The plan appears to meet the 25 foot landscape area required per the Highway 10 Design Overlay District along the side and rear property lines. 6.A controlled automatic irrigation system is required for all new landscaped areas. Since the site is being reviewed as a single development irrigation will be required on each of the newly created lots. 7.Since the site is being reviewed as an overall development plan,prior to the issuance of a building permit,it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect for each of the proposed lots. 8.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:(AUGUST 3,2006) Mr.Tim Daters was present representing the request.Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request.Staff requested the applicant provide a note concerning the proposed dumpster screening.Staff also stated the indicated signage was less than typically allowed per the Highway 10 Design Overlay District.Staff also noted the parking on the site plan did not appear to work since all the parking generators had been moved to the back of the site and the parking was located on the front of the property.Staff questioned the proposed parking scheme.Mr.Daters stated he would review the proposed layout and provide staff suggestions to the developer and respond to staff as requested. Public Works comments were addressed.Mr.Daters stated development was beginning on the site and the stockpiled construction spoil materials would be removed from the site.Staff also stated street improvements to Cantrell Road would be required at the time of development of the site and a dedication of right- of-way 35-feet from centerline would be required. Landscaping comments were addressed.Staff stated irrigation to water landscaped areas would be required for each lot as it was developed.Staff also stated landscape plans stamped by a registered landscape architect would be required at the time of development for each of the proposed lots.Staff stated interior islands should be evenly distributed throughout the parking lot 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. 5 August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B H.ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the July 13,2006,Subdivision Committee meeting.The applicant has indicated a note concerning the required dumpster screening.The site plan indicates the dedication of right-of-way per the Master Street Plan requirement. The applicant has not redesigned the site with regard to the proposed parking layout.The applicant has indicated the parking as proposed meets the parking demand for the site.According to the applicant the proposed parking along Cantrell Road will serves the bank facility by allowing customers to park in front of the building to access the lobby area.Staff is supportive of the parking as proposed. The request is to amend the Planned Office Development changing the front one-half of the site to allow development of a branch bank facility,with drive- through.This modification would include two previously indicated lots combined to one lot.The rear portion of the site will remain relatively unchanged (with five lots)as approved in the previous site plan and 0-3,General Office District uses as allowable uses.The buildings proposed for the five lots will range in size from 4,200 square feet to 5,000 square feet and are proposed as single story buildings.The site plan indicates the placement of a 25-foot building setback along the southern perimeter (rear yard)and the eastern perimeter of proposed Lot 6 (side yard).The Highway 10 Design Overlay District typically requires the placement of a 40-foot building setback around the rear yard and 30-foot side yard setback.The building along Highway 10 has been indicated at 100-feet as required by the overlay district. The applicant is proposing the development of lots without public street frontage. The lots will be served by a 24-foot access and utility easement.The applicant is requesting a variance from the Subdivision Ordinance to allow the creation of lots without public street frontage.Staff is supportive of this variance request. The proposed driveway cuts on Cantrell Road are located in the location they were previously approved.Access is proposed along the eastern perimeter and a shared driveway access is located near the western perimeter.Staff is supportive of the proposed driveway placement. The site plan indicates the placement of 122 parking spaces.Based on the total square footage of the proposed buildings a total of 58 parking spaces would typically be required.The indicated parking is more than adequate to serve the parking demand of the site. 6 August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B The applicant has indicated the location of the proposed dumpster facilities on the site plan and included a note concerning the required screening.The applicant has also indicated the dumpster service hours will be limited to normal business hours.The hours of operation proposed for the development are 6:00 am to 8:00 pm. The applicant is requesting a variance to allow the backing into a service easement.Per the Subdivision Ordinance Section 31-210(g)(7)parking spaces shall not be permitted to back into a service easement.Section 31-210(j)states the Commission may approve a variance of this subsection for applications before them.Staff is supportive of the applicant's request.The applicant has indicated as a part of the site development,features such as pedestrian tables and landscape islands and to be used to slow traffic on the site for both motorist and pedestrians. Site lighting will be low level and directional,directed inward away from residentially zoned properties per the Highway 10 Design Overlay District requirement. The applicant has proposed a single development sign within the landscaped area along Highway 10 and each individual lot will have an identification sign. The applicant has indicated the signage along Highway 10 will be a ground mounted monument style sign a maximum of ten feet in height and 100 square feet in area.Each of the development signs will be a maximum of six square feet in sign area.Building signage is proposed as typically allowed in office zones. Staff is supportive of the applicant's request.The proposed site plan does not fully comply with the Highway 10 Design Overlay District with regard to landscaped area and building setback along the eastern and southern property line.The ordinance would typically require a 30-foot building setback along the eastern perimeter and a 40-foot building setback along the southern perimeter. The applicant's site plan indicates screening will be provided along the eastern and southern property line as a six foot opaque fence.Staff recommends the fencing be designed to match the existing fencing within the adjacent subdivision as a wood fence with brick columns. I.STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and condition as outlined in paragraphs D,E and F of the above agenda staff report. Staff recommends the fencing be designed to match the existing fencing within the adjacent subdivision as a wood fence with brick columns. Staff recommends approval of the requested variance to allow backing into a service easement. 7 August 3,2006 ITEM NO.:10 CONT FILE NO.:Z-7605-B Staff recommends approval of the requested variance to allow the development of lots without public street frontage. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and condition as outlined in paragraphs D,E and F of the above agenda staff report.Staff presented a recommendation the fencing be designed to match the existing fencing within the adjacent subdivision as a wood fence with brick columns.Staff presented a recommendation of approval of the requested variance to allow backing into a service easement and a recommendation of approval of the requested variance to allow the development of lots without public street frontage. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Approval.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 8 August 3,2006 ITEM NO.:11.Z-7722-A NAME:Lagniappe Revised Short-form PD-R Lots 1 -4 Lagniappe Addition LOCATION:located on the Northwest corner of Walnut and I Streets DEVELOPER: Lagniappe Addition,LLC 2106 Beechwood Little Rock,AR 72207 Bill Rector 300 South Izard Street Little Rock,AR 72201 ENGINEER: White-Daters and Associates 424 Rahling Circle Little Rock,AR 72223 AREA:1.0 Acres NUMBER OF LOTS:4 FT.NEW STREET:0 CURRENT ZONING:PD-R ALLOWED USES:Single-family Residential —four lots and two tracts PROPOSED ZONING:PD-R PROPOSED USE:Single-family Residential VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: Ordinance No.19,241 adopted by the Little Rock Board of Directors on December 7, 2004,established Lagniappe Short-form PD-R.The applicant proposed the redevelopment of the site,previously platted as six lots,with a four lots and a two tract development through a PD-R.Two of the lots were approved as pipe-stem lots served by a 16-foot paved drive and a 30-foot access and utility easement extending from "I" Street near the intersection with Walnut Street.A fifteen foot building line was approved along "I"Street.The side yards within the development were proposed as six feet. August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A A minimum square footage of heated and cooled space for the homes was 2,500 square feet.The maximum square footage of the homes along I Street was limited to 3,500 square feet and 4,500 square feet on the rear two homes.The maximum building height was limited to 32-feet.A maximum building coverage of 28 percent without garages and 32 percent,including the garage,was approved.The applicant also indicated the construction materials would be compatible with existing exteriors in the area.The applicant indicated stone,brick,stucco,cobblestone,cypress or non-vinyl siding,antique cypress and pine beams would be added to the new homes.All windows and doors were wood and the roof constructed of asphalt shingles,wood shingles or clay roof tiles.Possible features of the new construction were antique gates,wrought iron railings,antique doors and windows and clay chimney caps. A.PROPOSAUREQUEST: The applicant is proposing an amendment to the previously approved PD-R for Lots 1 —4 of Lagniappe Addition to allow the site to comply with previously imposed condition for lot coverage.The original PD-R included several restrictions including maximum square footage of houses (3500 square feet on Lots 1 and 2,4,500 square feet on Lots 3 and 4),maximum roof height (32 feet) and a maximum lot coverage of 32 percent.According to the applicant,these restrictions were included in an effort to address neighborhood concerns, specifically those of the Hillcrest Resident's Association.Infrastructure work began in March of 2005 which included the addition of a fire hydrant to bring not only the proposed lots into compliance with the city fire code,but also existing homes in the neighborhood that were not in compliance.Water and sewer system improvements were constructed which included replacing the 50 year old water line between Ash and Walnut Streets with a new 3 inch line benefiting each homeowner's property on the block and new 6 inch sewer access installed for the houses west of 4400 I Street.The new 6 inch sewer access was done at the request of the City and in no way benefited the developers project.A private drive for access to Lots 3 and 4 was also completed.After completing the above mentioned infrastructure work,the developers submitted detailed plans,drawings and lot survey to the City of Little Rock for the issuance of a building permit.The permit was issued to Pursell Construction by the City of Little Rock on February 27,2006 after which construction commenced on Lot 2.On May 18,2006,at the request of the Hillcrest Resident's Association,a field audit was conducted by the City of Little Rock.It was determined that while the square footage,roof height, and other restrictions of the PD-R were in compliance,the percentage of lot coverage,which was built in accordance with plans submitted to and approved by the City,was in excess of the 32 percent allowed.According to the developers,this was unintentional and an oversight on the part of the applicant as well as the City.Currently,the construction is essentially in the "dry."A cease work order was issued by the City on May 23,2006. The request also includes the placement of ornamental iron architectural features that do not extend into the side yard set back more that 36 inches,as typically allowed by City Code.The original PD-R included the approval of iron railings 2 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A but did not specify the location of the railings or the extension of decks porches and patios within the required setback.No other revisions to the existing PD-R are being requested.The developers are requesting the typical ordinance standards for R-2,Single-family zoned property apply for issues not specifically addressed in the PD-R. B.EXISTING CONDITIONS: The site contains a single family home currently under construction on Lot 2 with a building footprint of 3,127 square feet or 42.8 percent building coverage.The four lots and two tracts have been final platted.There are single-family homes located in the area and Alsop Park is located to the north."I"Street has been widened to Master Street Plan standard abutting the proposed development. The area is characterized by single-family homes located on 50-foot by 150-foot lots;many of the homes sitting on two lots. C.NEIGHBORHOOD COMMENTS: As of this writing staff has received several informational phone calls from area residents.The Hillcrest Residents Neighborhood Association,all owners of property located within 200-feet of the site and all residents located within 300- feet of the site,who could be identified,were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 2.Storm water detention ordinance applies to this property. 3.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4.If disturbed area is one (1)or more acres,obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction.Erosion controls must be installed to protect downstream properties. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Existing sewer main on site constructed with easements in 2006. Any changes in planned subdivision may require relocation or extension of existing sewer main.Contact Little Rock Wastewater Utility at 688-1414 for additional information. 3 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A ~Enter:No comment received. Center-Point Ener:No comment received. AT 8 T:No comment received. Central Arkansas Water:No objection. ~NC d t:I tilt hyd t p d.Mitt 22-t tdl y width.Contact the Little Rock Fire Department at 918-3700 for additional information. C ttPI I:N CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAUDESIGN: Plannin Division:This request is located in the Heights Hillcrest Planning District.The Land Use Plan shows Single Family for this property.The applicant has requested a revision of a previously approved Planned Residential Development to modify the previously imposed conditions concerning total allowed building coverage.The request does not require a change to the Land Use Plan. Master Street Plan:I Street is shown as a Local Street.The primary function of a Local Street is to provide access to adjacent properties. ~NI Pl:ACI III Blt ~t I h K Bh B I d d Beechwood Street.A Class III bikeway is a signed route on a street shared with traffic.No additional paving or right-of-way is required.Class III bicycle route signage may be required. Cit Reco nized Nei hborhood Action Plan:The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan.The Zoning and Land Use goal has these objective(s)relevant to this case:"Adopt a plan of action to stop the degradation,to reverse its course,and to recreate a neighborhood that is once again a pleasant place to work and live.This includes no net loss of residential units by demolition or conversion to other uses." ~Ed:N G.SUBDIVISION COMMITTEE COMMENT:(July 13,2006) Larry and Martha Chisenhall were present representing the request.Staff presented the item indicating there were few outstanding issues associated with the request.Staff noted the proposal as submitted indicated the adjustment of a 4 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A lot line to allow the proposed development to come into compliance with the maximum lot coverage allow per the approved PD-R.Staff stated there were other options being considered for the proposed request;one being increasing the lot coverage for Lot 2 and reducing the allowable building height for the remaining lots.Staff stated the developers,staff and the neighborhood were working to determine the best approach for resolution. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. H.ANALYSIS: There were no outstanding issues associated with the request remaining from the July 13,2006,Subdivision Committee meeting.Based on a meeting with the developers,the adjoining property owners and the Hillcrest Resident's Neighborhood Association,there were concessions made for modifications to the approved site plan and the approved PD-R. The approved PD-R allow for minimum setbacks,maximum square footages of the homes,maximum building coverage and maximum building heights.Based on a City audit of the site it was determined the structure currently under construction was in compliance with all previously imposed conditions with the exception of the total building coverage.The proposed revision would allow the coverage ratio for existing Lot 2 to be amended from 32 percent to 42 percent or as built,to reflect the current building footprint.The coverage ratio for Lot 1 will be increased from 32 percent to 38 percent and the 32 percent coverage ratio will remain for Lots 3 and 4. Lot 1 was approved with a six foot side yard setback along the west side.The developers are proposing Lot 1 to have a 10 foot set back,as opposed to the existing 6 foot set back,on the west side of Lot 1.With the increased space between Lot 1 and Lot 2,the dwelling on Lot 2 will be allowed to have a cantilevered deck on the east side of the dwelling not to exceed 45 inches in depth.In addition,the applicant is proposing the allowance of a decorative iron railing,not exceeding 36 inches in depth on the west side of the Lot 2 dwelling. No "unfinished"space will be included in dwellings built on Lots 1,3 and 4. Unfinished space is defined as enclosed,floored space that in the future could be heated and cooled and has dimensions that meet the City's requirements for occupiable space.This restriction is not intended to prohibit a garage intended for parking vehicles,storage or workshop space opening off the garage,space to house mechanical equipment,or unfinished attic or eave space as long as such space is not heated and cooled. The original approval allowed for a six foot side yard setback along the common 5 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A lot line of Lots 3 and 4.The revision would increase this setback to a 15 foot set back from the north line of Lot 3 and the south line of Lot 4.This setback does not include decks which will be allowed to extend into the setback /~of the setback in this area.In addition,the same encroachment of decks applies to Lots 1 and 4.Deck space will not be considered in the calculation of any coverage ratio. The applicant has defined maximum building height.The maximum height for dwellings on Lots 1,3 and 4 will be no more than 35 feet to the highest point on the roof ridge line from the average ground elevation within the foundation perimeter before any grading takes place.If there are to be multi-level roof ridge lines,the 35 foot measurement is to be taken from the average ground elevation within the perimeter of the foundation of that part of the structure supporting each roof ridge line. As required by City Ordinances,all construction materials will be confined to developer's property with no items stored in the public right-of-way between the sidewalk and the street.The working hours to be observed are pursuant to City code or ordinance which are as follows:Monday through Friday from 6 am to 6 pm,Saturday from 7 am to 6 pm and Sunday from 1 pm to 6 pm.Interior work is allowed Monday through Saturday as allowed for exterior work hours with the work hours increasing to an ending time to 10 pm.As a courtesy to the neighbors there is to be no loud music played by workers on the site. In summary the proposed amendments to the PD-R are as follow: ~Lot coverage for Lot 2 is to be 42%,including garages,or as built ~Lot coverage for Lot 1 is to be 38%,including garages ~Lot coverage for Lots 3 and 4 is to be 32%,including garages ~Lot 1 west side yard setback is 10-feet ~Lot 2 is permitted to have cantilevered deck on the east side not to exceed 45"in depth ~Lot 2 permitted to have an architectural embellishment extending out not to exceed 36"in depth and enclosed with a decorative railing on the west side ~Building height on Lot 2 to be as the structure is now built ~Building height on Lots 1,3 and 4 is to be no more than 35 feet to the highest point on the roof ridge line from the average ground elevation within the foundation perimeter before any grading takes place.If there are to be multi-level roof ridge lines,the 35 foot measurement is to be taken from the average ground elevation within the perimeter of the foundation of that part of the structure supporting each roof ridge line. ~Construction materials are to be stored on the property 6 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A ~Working hours are to be Monday through Friday from 6 am to 6 pm, Saturday from 7 am to 6 pm and Sunday from 1 pm to 6 pm.Interior work is allowed Monday through Saturday as allowed for exterior work hours with the work hours increasing to an ending time to 10 pm. ~No loud music is to be played by construction workers on the site ~There is to be no unfinished space on Lots 1,3 and 4.Unfinished space is defined as enclosed,floored space that in the future could be heated and cooled and has dimensions that meet the City's requirements for occupiable space.This restriction is not intended to prohibit a garage intended for parking vehicles,storage or workshop space opening off the garage,space to house mechanical equipment,or unfinished attic or eave space as long as such space is not heated and cooled. ~The side yard setback for the northern property line of Lot 3 shall be 15 feet. ~The side yard setback for the southern property line of Lot 4 shall be 15 feet. ~Decks will be allowed into A of the side yard setback for Lots 1,3 and 4. ~Deck space will not be considered in the calculation of any coverage ratio. Staff is supportive of the amendment to the PD-R for Lots 1,2,3 and 4 of the Lagniappe Addition as proposed by the developers and the neighbors.To staffs knowledge there are no outstanding issues associated with the request. I.STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D,E,F and H of the above agenda staff report. PLANNING COMMISSION ACTION:(August 3,2006) The applicant's were present representing the request.There were registered objectors present.Staff presented the item with a recommendation of approval. Mr.Larry Chisenhall addressed the Commission on the merits of the request.He stated the original request was to change the lot lines between Lots 2 and 3 increasing the lot area of Lot 2 to allow the 32 percent building coverage to be met.He stated after working with the neighborhood a compromise was reached to increase the allowable coverage and defining certain aspects of the development.One of which was building height. Ms.Carol Young addressed the Commission in opposition of the request.She stated the League of Women Voters did not support the request.She stated the developers knew the rules and chose to not abide by the rules.She stated if the developers violated the rules they should not be rewarded.She stated a decision should be made to send a message to the development community. 7 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A Ms.Susan Borne addressed the Commission in opposition of the request.She stated her home was located on Ash and I Streets just west of the site.She stated the original approval was worked on and agreed upon by the neighborhood the developers,the Planning Commission and the Board of Directors.She stated the developers did not honor the commitments made.She stated her main concerns were building height,setbacks and no net gain.She stated the unfinished space constructed in the existing home should be removed from the remaining homes yet to be constructed.She stated the developers had committed to construct homes which fit the character of the neighborhood along with providing architectural features consistent with the housing stock in the area. She stated the neighborhood had invested their lives in their homes and felt the neighborhood character should be maintained. Mr.Jim Vandenburg addressed the Commission in opposition of the request.He stated he was distressed by what was being built.He stated the basic opinion was the developers had a disregard for the rules and regulations from the original agreement.He stated the 600 square feet of unfinished space looked like it could be finished with little effort. Mr.Scott Smith,President of the Hillcrest Resident's Association addressed the Commission.He stated the Resident's Association was not opposed to or in support of the request.He stated the height of the house in the rear put a spotlight on the structure.He stated with the agreement the height and setback concerns had been addressed.He stated the spacing between the houses had been increased and the lot coverage increased.He stated the basic concepts of the agreement were important to the fabric of the neighborhood.He stated the Resident's Association did not support the allowance of the 600 square feet of unfinished space.He stated the area had been floored which would allow this space to be finished with little effort by adding drywall,heat and air.He stated the area was clearly square footage which exceeded the allowable square footage contained in the home.He stated the Resident's Association was in a Grass Roots effort the define an overlay district or local ordinance district which would provide staff with technical information to help with future developments. He stated once staff was engaged they could clearly define floor area ratios and ridge heights which was included in the proposed agreement.He stated the Resident's Association supported the agreement but not the allowance of the 600 square feet of unfinished space and they felt this area should be removed from the remaining structures for a no net gain of square footage for the development. Mr.Chisenhall stated the all the imposed conditions had been met with the exception of the lot coverage.He stated the lot coverage was an oversight by both the builder and City staff.He stated the rear wall was constructed to hold up the back of the house.He stated once the area was defined it was floored for storage.He stated the area was never intended for livable space.He stated the house under construction was less than the allowable 3,500 square feet.He stated a total of 16,000 square feet was allowed through the approval contained on four lots.He stated the 600 square feet of unfinished space could not be 8 August 3,2006 ITEM NO.:11 Cont.FILE NO:Z-7722 A finished without a violation of the PD-R.He stated there was no equitable way of removing the 600 square feet and if require would be difficult to enforce.Staff stated if this was a condition of approval the Commission would need to determine where the 600 square feet would be removed.The Commission questioned the roof pitch of the house under construction.Mr.Chisenhall stated the roof pitch was 10/12 or 12/12. There was a general discussion concerning the proposal and the previous commitments made.Commissioner Meyer stated the developers had pitched the development as in fill development which would be compatible to the existing neighborhood.He stated the previous approval was quiet contentious and the developers had ensure the Commission and the Board the development would fit the neighborhood.He stated he did not feel this was the case. Commissioner Williams questioned staff how they would ensure the 600 square feet would not be finished space by the future homeowner.Staff stated the address would be flagged but since a zoning clearance review was not required on renovation permits it would be difficult. There was a general discussion concerning the agreement for no loud music. Staff stated this would be difficult to enforce.Mr.Chisenhall stated his desire was to not place anything in the agreement that was subjective.He stated this was an item the neighborhood wanted in the agreement.He stated he was agreed this would be a difficult item to enforce.He stated the work hours would be posted on the site and would be attached to all future contracts.He stated the work hours would be closely monitored by the builder to ensure compliance. The Commission questioned how the agreement was reached.Mr.Chisenhall stated the original proposal was to adjust the lot lines between Lots 2 and 3 to allow the lot coverage to comply with the previous approval.Mr.Chisenhall stated after meeting with the neighborhood and the adjoining property owners it was determined there was a way to reach a compromise without creating an odd shaped lot. A motion was made to approve the request.The motion carried by a vote of 8 ayes,1 no and 2 absent. 9 August 3,2006 ITEM NO.:12.Z-7783-C NAME:Miracle Development Revised Short-form POD LOCATION:located at 14929 Cantrell Road DEVELOPER: Miracle Development 8015 Stagecoach Road Little Rock,AR 72210 ENGINEER: Global Surveying Consultants Inc. 217 West 2"Street,Suite 100 Little Rock,AR 72201 AREA:2.21 acres NUMBER OF LOTS:1 FT.NEW STREET:0 LF CURRENT ZONING:R-2,Single-family ALLOWED USES:Single-family residential PROPOSED ZONING:POD PROPOSED USE:0-2,Office and Institutional Uses VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: The applicant submitted a proposal to rezone the site from R-2,Single-family to PCD to allow the construction of a two-bay automatic carwash facility with three vacuum stations along Cantrell Road with the addition of a future third bay.The Little Rock Planning Commission denied this rezoning request at their April 14,2005,Public Hearing. The applicant also submitted a requested rezoning of the property located at 14929 Cantrell Road from R-2,Single-family District to 0-3,General Office District for future office development.The Little Rock Planning Commission denied this request at their April 28,2005,Public Hearing. Ordinance No.19,356 adopted by the Little Rock Board of Directors on August 1,2005, established Miracle Development Short-form POD.The approval rezoned the site from R-2,Single-family to POD to allow a conceptual site plan for a future office August 3,2006 ITEM NO.:12.Cont.Z-7783-C development.A maximum building footprint of 20,000 square feet and a maximum building height of 35-feet or two stories was approved.Landscape buffers and building setbacks consistent with the Highway 10 Design Overlay District along the north,south and western perimeters of the site were approved and a reduced landscape buffer along the eastern perimeter of the site of 20-feet was also approved.A 30-foot side yard setback along the western perimeter of the site and a 20-foot building setback along the eastern perimeter of the site were proposed and both the front and rear yard building setbacks were indicated at 100-feet.The allowable uses approved for the site were 0-2,Office and Institutional Uses.As a final development plan was secured,the applicant was to submit the development plan to the Commission and Board of Directors for final approval through a revision to the Planned Office Development. A.PROPOSAUREQUEST: The applicant is now proposing to revise the previously approved conceptual POD to allow the development of the site with two (2)lots.Lot 1 is proposed to contain approximately 1.0622 acres with 196.69 feet of frontage on Cantrell Road and access from the existing Cantrell Road driveway curb cut.Lot 2 which currently contains two (2)single-family residences,is proposed with approximately 1.1478 acres with access from a 24-foot common access drive to be constructed along the west property line of Lot 1.The use of Lot 2 is proposed for the operation of a Montessori School. The buyer of Lot 2 will completely renovate the existing red brick home with an approximately 2,500 square foot addition as indicated on the site plan.The existing buff brick house will be used for future expansion of the school with the addition of approximately 1,300 square feet as indicated on the site plan.The remaining Lot 1 will be available for sale for the development of a one story, maximum 6,600 square foot office building with 24 parking spaces.The applicant is proposing 0-1 office uses for the building. According to the applicant the development would reduce the previously approved maximum square foot of development on the site from 40,000 square feet to 16,600 square feet.The development of Lot 2 as a Montessori School will have much less negative impact on the adjoining residential neighbors than the 20,000 square foot building footprint which is currently approved located on Lot 2.The proposed Buyer of Lot 2 will simply renovate and improve the existing residential structures on the property that the surrounding neighborhood is familiar with and keep almost all of the existing trees with additional landscaping. 2 August 3,2006 ITEM NO.:12.Cont.Z-7783-C B.EXISTING CONDITIONS: The site currently contains two (2)single-family residential structures,with a single access drive from Cantrell Road.Single-family residences are located on the property immediately west and south of the site.A mixture of residential, office and commercial uses and zoning exists to the west along Cantrell Road. Single-family residential and office uses and zoning is located across Cantrell Road to the north. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received several informational phone calls from area residents.The Westbury Neighborhood Association,the Westchester Neighborhood Association,the Secluded Hills Neighborhood Association,all property owners located within 200-feet of the site and all residents,who could be identified,located within 300-feet of the site were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.Cantrell 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.Provide the direction of storm water flow.Provide expected storm water quantities.Provide sketch grading and drainage plan showing proposed drainage and grading for future site development.Additional easements for future storm water improvements may be required. 3.A grading permit in accordance with Section 29-186 (c)and (d)will be required prior to any land clearing or grading activities at the site.Site grading,and drainage plans will need to be submitted and approved prior to the start of construction. 4.Westchester Subdivision to the west has a history of flooding problems. Storm water detention ordinance applies to this property.Show the proposed location for storm water detention facilities on the plan. 5.Private access is proposed for the lots.In accordance with Section 31-207, private streets must be designed to the same standards as public streets.A minimum access easement width of 45 feet is required and street width of 31 feet from back of curb to back of curb.Sidewalk should be installed on the east side of street.Provide access easement. 6.Sidewalks along Cantrell Road with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 7.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3 August 3,2006 ITEM NO.:12.Cont.Z-7783-C 8.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required,with easements,to serve the proposed development.Contact Little Rock Wastewater Utility at 688-1414 for additional information. ~Enter:No comment received. Center-Point Ener:No comment received. AT &T:No comment received. Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.A Capital Investment Charge based on the size of the connection(s)will apply to this project in addition to normal charges.A water main extension will be required to serve Lot 2.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).This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection.Contact Central Arkansas Water at 377-1225 for additional information. FEED IR I:I tilt hyd tP'd.d t tthvltl ~kFI Department at 918-3700 for additional information. ~Ct Pl I:N CATA:The site is located on CATA Bus Route ¹25—the Highway 10 Express Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:This request is located in the River Mountain Planning District.The Land Use Plan shows Transition for this property.The applicant has applied for a revision to a previously approved "Conceptual"POD to allow the development of the site with a Montessori School and an office building.The school is proposing the utilization of the existing red brick structure with a 2500 square foot addition and the buff brick structure with a 1300 square foot addition. ~Bi I Pl:E I tl g p p ddt I,II,Ill hlk y tl th immediate vicinity of the development. 4 August 3,2006 ITEM NO.:12.Cont.Z-7783-C Master Street Plan:Cantrell 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 Cantrell Road since it is a Principal Arterial.These streets may require dedication of right-of-way and may require street improvements. Cit Reco nized Nei hborhood Action Plan:The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan.The Infrastructure goal states that the neighborhoods need to "have an adequate infrastructure network,including sidewalks,roadways,and drainage systems, within the neighborhood which is designed and works to produce a safe and attractive neighborhood environment." I d 1.Compliance with the City's Landscape and Buffer Ordinances is required. 2.All previous comments apply. 3.The Highway 10 Design Overlay District requires a 25 foot wide landscape area along the side and rear perimeters.Currently,the proposed driveway encroaches into this area. 4.A 10 foot land use landscape buffer is required along the western and eastern perimeters adjacent to the residentially zoned property.Seventy percent (70%)of this buffer is to remain undisturbed.Currently,the proposed driveway encroaches into this area along the western perimeter. 5.A 33 foot land use landscape buffer is required along the southern perimeter next to the residentially zoned property.Seventy percent (70%)of this buffer is to remain undisturbed. 6.A six foot high opaque screen,either a wooden fence with its face side directed outward,a wall or dense evergreen planting,is required along the western, eastern,and southern perimeters next to the residentially zoned property. 7.The landscape ordinance requires a minimum nine foot wide landscape strip along the eastern and western perimeters of the site.Along the western property line the driveway encroaches into this area.A variance must be obtained from the City Beautiful Commission to allow this reduction. 8.Berming is encouraged along Cantrell Road. 9.A controlled automatic irrigation system is required to water landscaped areas. 10.Since the site is being reviewed as a single development plan,prior to the issuance of a building permit,it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect for each of the proposed lots. 11.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. 5 August 3,2006 ITEM NO.:12.Cont.Z-7783-C G.SUBDIVISION COMMITTEE COMMENT:(July 13,2006) Mr.Ed Willis was present representing the request.Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request.Staff stated the indicated site plan did not allow for the minimum landscape strip,building setback and driveway spacing as required by the Overlay District and the Master Street Plan.Staff also stated the indicated site plan did not provide the location of the proposed dumpster facilities, proposed signage or details of the proposed playground screening.Staff requested the applicant provide the total number of employees,the total number of students and the hours of operation of the facility.Staff also questioned if there would be after school activities and the number of events anticipated and the occurrence of the events. Public Works comments were addressed.Staff stated the site plan did not provide the location of the proposed detention,the indicated drive was not adequate to meet typical minimum ordinance standards and the site plan did not include improvements required to Cantrell Road. Landscaping comments were addressed.Staff stated the Highway 10 Design Overlay District typically required a minimum landscape strip of 25-feet around the perimeters of the site.Staff stated the Landscape Ordinance required a minimum landscape strip of nine (9)feet and any variance from this requirement would require City Beautiful Commission approval.Staff stated the indicated drive did not allow the minimum landscape strip as required by the Landscape Ordinance. Mr.Willis stated to develop the site meeting all the minimum requirements was not economically feasible.He stated the proposed use of the site was less intense than was currently approved.He stated the developers were limiting the buildings to single story buildings and lessening the allowable square footage on the site.Staff stated limiting the use of the site to this Montessori School, providing the minimum landscape strip of nine (9)feet,relocating the driveway to not encroach onto the neighboring property,indicating the improvements to Highway 10 on the site plan,indicating the driveway as an access easement and showing the detention of the proposed site plan would address a number of staff's concerns. 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 13,2006,Subdivision Committee meeting.The applicant has 6 August 3,2006 ITEM NO.:12.Cont.Z-7783-C indicated the days and hours of operation,the number of students and the number of employees.The applicant has also relocated the proposed driveway away from the property line,provided the location of the proposed dumpsters and provided the minimum landscape strip along the western perimeter. The applicant is proposing a modification to the previously approved Planned Office Development to allow the creation of a two (2)lot plat and the future development of the site with a Montessori School on Lot 2 and a single story 6,600 square foot office building located on Lot 1.Lot 1 is proposed to contain approximately 1.0622 acres with 196.69feet of frontage on Cantrell Road and access from the existing Cantrell Road driveway curb cut.Lot 2 is proposed with approximately 1.1478 acres with access from a 24-foot common access drive to be constructed along the west property line of Lot 1.The Highway 10 Design Overlay District typically requires a two (2)acre minimum lot size and building sites are to be limited to one building per every two (2)acres. The applicant has indicated the days and hours of operation for the school are Monday through Friday from 7:30 am to 6:00 pm.The hours of operation for the office portion of the development are 7:00 am to 7:00 pm daily. There are 100 students with 15 employees.Twenty (20)students will participate in the one-half day program,50 students in the full day program with staggered discharge times from 2:45 to 3:15 pm.There are 25 —30 students participating in extended program.These students will participate in after school arts and crafts programs.Of the 15 employees,seven (7)are full time employees and eight (8)are part time employees. The revised site plan indicates the placement of two (2)dumpsters on the site; one dumpster will be provided on each lot.The dumpsters have been located along the eastern perimeter and a note has been included concerning the required screening.The dumpster service hours have been limited to 7:00 am to 7:00 pm or daylight hours only. The revised site plan indicates the placement of a nine (9)foot landscape strip along the western perimeter and a minimum of nine (9)feet along the eastern perimeter.The Highway 10 Design Overlay District typically requires the placement of a landscaped buffer averaging a minimum of 25-feet from the property line along the sides and rear yards and a 40-foot landscape strip located along the front yard adjacent to Highway 10.The indicated landscape strip along the eastern perimeter of Lots 1 and 2 appears to comply with the typical minimum Highway 10 Design Overlay District.The plan does not appear meet the typically minimum landscaping requirement per the Highway 10 Design Overlay District along the western perimeter of Lot 1. Lot 2 is proposed with a complete renovation of the existing red brick home with an approximate 2,500 square foot addition along the western and southern portions of the structure.The existing buff brick house will be used for future 7 August 3,2006 ITEM NO.:12.Cont.Z-7783-C expansion of the school with the addition of approximately 1,300 square feet along the western portion of the structure.Lot 1 will be available for sale for the development of a one story,maximum 6,600 square foot office building with 24 parking spaces. The Highway 10 Design Overlay District typically requires the placement of a 40- foot building setback along the side and rear yard setbacks and a 100-foot building line adjacent to Highway 10.The indicated site plan includes the required building setback adjacent to Highway 10 and the rear portion of the site. The site plan does not indicate the required setback along the eastern and western perimeters.The building proposed for Lot 1 has been shown with a 20- foot setback along the eastern perimeter of the site and a proposed addition to the existing structure located on Lot 2 along the western portion of the site has been indicated with a 30-foot building setback. The revised site plan indicates the placement of a 24-foot drive placed in an access easement to serve Lot 2.Staff is not supportive of the drive width.Staff feels the drive should be constructed with a 36-foot opening at Cantrell Road to allow three lanes of traffic tapering to a 31-foot drive the length of Lot 1 after which tapering to a 24-foot drive as proposed. The site plan indicates the placement two (2)detention areas both located on Lot 1.Staff feels the detention area should be increased in size allowing additional storage area due to the history of flooding of the properties located to the west of this site. The site plan for Lot 1 indicates the placement of 24 parking spaces.Based on the typical minimum ordinance standards for an office building,16 parking spaces would be required.Lot 2 is proposed with 22 parking spaces.The developer has indicated there will be 15 employees;seven (7)full time and eight (8)part time employees.Five classrooms are proposed.Parking is typically required at one space per classroom plus one space for each teacher,employee and administrator.Stacking space for drop-of and pick-up is also required on the site.The indicated parking for the school is adequate to meet the typical minimum parking standards. The proposed playground area has been shown along the western perimeter of the site and a six (6)foot fence has been placed to screen the play area. Staff has concerns with the proposed redevelopment of the site as indicated. Staff is supportive of the proposed use as a private school with a future office building but staff is not supportive of the drive and detention storage as proposed.As noted above,staff feels the drive should be increased to a commercial street standard through Lot 1 and the driveway width at the street constructed to allow three lanes,a right turn lane,a left turn lane and a entrance lane.Staff also feels the detention area should be increased to reduced any potential flooding problems to the adjoining subdivision. 8 August 3,2006 ITEM NO.:12.Cont.Z-7783-C I.STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were registered objectors present.Staff presented the item indicating the applicant had addressed their concerns and they were now supportive of the request.Staff stated the driveway width had been increased and the proposed detention had also been increased to meet staff initial concerns prompting their original recommendation of denial. Mr.Kelton Price addressed the Commission on behalf of the applicant.He stated his firm had worked with staff to address the flooding issues.He stated the development needed 1800 cubic feet of detention storage and the proposal included 5000 cubic feet of detention storage.He stated the detention would be provided in the first phase of development as requested by staff.He stated the drive would be constructed to a commercial street standard and an eight foot fence would be provided along the western property line as requested by the Westchester Neighborhood Association. Mr.Michael Sarr addressed the Commission in support of the request.He stated the developers had meet with the neighborhood prior to the Commission meeting and had met most of their concerns.He stated the neighborhood association was in support of allowing the existing structures on the site to be located within the previously imposed 100 foot building setback but wanted to ensure any future development of the site would maintain the previously imposed 100-foot building setback along the rear portion of the site.He stated the neighborhood wanted to limit the allowable uses for proposed Lot 1 to those of office uses. Ms.Celia Martin addressed the Commission in support of the request.She stated the development was less intense than the original approval which was appealing to the neighborhood.She stated the total allowed square footage, building height and uses were less intense than the originally approved conceptual POD.She stated it was important to the neighborhood that the 100 foot rear building setback be maintained on any future development.She stated the neighborhood was appreciative of the developer and the City working with the neighborhood to ensure a compatible development. Mr.Bob Altoff addressed the Commission in opposition of the request.He stated the neighborhood had concerns with flooding and had requested relief from the Board of Directors since the 1990's.He stated City staff had reviewed the flooding problems and determined and undersized pipe from Westchester Court and the outlet being lower than Taylor Loop Creek were parts of the problem.He stated the location of the pipe in Taylor Loop Creek created head 9 August 3,2006 ITEM NO.:12.Cont.Z-7783-C pressure which in turn backed water into the street causing street flooding.He stated the water would reach three and one-half feet in the road before getting relief through resident's yards.He stated the developers would provide detention at the 10 year flows but the water all flowed into the Westchester Basin.He stated with the undersized pipe the basin could not accept any additional water.He stated all the water from the proposed development should be force piped to Highway 10 and taken to the Taylor Loop Creek beyond the Westchester Subdivision.He stated with the creation of additional buildings and additional asphalt there would be addition water released on the neighborhood. He stated water was within 3-inches of this neighbor's home earlier in the spring.Mr.Altoff provided the Commission with photos taken which showed the severity of the spring rain.He stated without a serious effort by the City the homes would flood if additional water was allowed to be released into the Westchester Basin.He stated the Commission could send a message for development and future development by requiring all storm water to be piped to Highway 10 and not allowing any additional water to be released into the Westchester Basin. Mr.Price stated he had contacted the Highway Department to see if the water could be piped to their inlet on Highway 10.He stated he was willing to commit to piping the water from the building and parking lot for proposed Lot 1 to Highway 10 if the Highway Department would accept the water.He stated this was reviewed at the time the adjoining property to the east was proposed development and the Highway Department had required the developers to install a new pipe to pipe the water to Taylor Loop Creek.He stated this site was not proposed to join the piping project since the pipe was higher than the site.He stated with the approval of the conceptual POD this site was not required to pipe to Highway 10 and was slated to drain to the Westchester Drainage Basin.He stated this was a small site which could not fix the drainage problems of the Westchester Subdivision unless the entire site was held for detention storage. There was a general discussion concerning the flooding problems of the Westchester Subdivision.Staff stated a study had been done and the problem was an undersized pipe and the location of the outlet in Taylor Loop Creek. Staff stated maintenance to the creek was also preformed which did reduce restrictions in the creek.Staff stated Westchester was built in the floodplain and all the homes were constructed on fill.Staff stated the flooding would continue to be a problem.Staff stated a capital improvement project was necessary to correct the problem but one was not scheduled. Mr.Ed Willis stated it would be difficult to get the Highway Department to accept the water from the development.He stated his firm had done a number of projects along Highway 10 and very seldom did the Highway Department accept any additional storm water. 10 August 3,2006 ITEM NO.:12.Cont.Z-7783-C There was a general discussion concerning the proposed development and requiring the developers to force all storm water to Highway 10.The Commission stated the developers had committed to taking the water to Highway 10 if the Highway Department would accept the water.Mr.Altoff requested the Commission deny the request unless the water was taken out of the Westchester Basin.The Commission stated they could not force the State Highway Department to accept the storm water. A motion was made to approve the request.The motion carried by a vote of 8 ayes,1 no and 2 absent. 11 August 3,2006 ITEM NO.:13.Z-7837-A NAME:Fairhills Circle Revised Short-form PD-R LOCATION:located on the Southeast corner of West Markham Street and Fairhills Circle DEVELOPER: Rodney Chandler P.O.Box 22021 Little Rock,AR 72221 ENGINEER: Central Arkansas Surveying Autumn Road Little Rock,AR 72211 AREA:0.45 acres NUMBER OF LOTS:2 FT.NEW STREET:0 LF CURRENT ZONING:PD-R ALLOWED USES:Single-family residential PROPOSED ZONING:Revised PD-R PROPOSED USE:Townhouse development —4 units VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No.19,357 on August 1,2005, establishing Fairhills Circle Short-form PD-R.The applicant proposed the development of this site with two patio homes through a Planned Residential Development.The applicant indicated each of the homes would be contained on individual lots with a shared driveway through a cross access easement extending from Fairhills Circle.The applicant indicated each of the homes would contain a minimum of 1,600 square feet of heated and cooled space and be constructed of brick or brick and siding fronts with siding on the sides and rears.The applicant indicated each of the units would have a two car garage,three bedrooms,two or two and one half baths and each of the units would have usable living space outdoors.Fencing was proposed along the southern property line as well as a retaining wall with a maximum height of six feet. August 3,2006 ITEM NO.:13.Cont.Z-7837-A A.PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved PD-R to allow the development of four units on the site.Fair Hills Court is a planned residential development that will blend the traditional architecture with 21" Century construction to consist of four (4)town homes.The proposed homes will consist of two (2)bedrooms,great room,one full and one half bathroom,dining area and kitchen.All the homes will have a traditional exterior with accent decor. Interior amenities will include travertine tile,carpet,hardwood flooring,granite tile kitchen counter tops,marble bathrooms,crown moldings and recessed can lighting. Exterior features include masonry,with structural accents and details such as brick on all four sides,precast keystones,brick quoins,transom windows, architectural roof shingles,landscaped lawns and automatic sprinkler systems. Roof pitch elevations will be a minimum of 6/12 to enhance the aesthetics of the development and blend in with neighboring homes.The homes will have a minimum front set back of 25 feet from West Markham Street and 15 feet of set back in the rear with wooden privacy fencing planned for the east and south sides of the development.Additionally,trees to the south and north will remain as to create a natural landscaped green space around the development thus providing additional privacy for residents and surrounding homes. The approximate square footage of the homes is 1,150 square feet of heated and cooled space.The development is proposed to attract single professionals and couples.The homes are anticipated to lease for $1,200.00 per month.The entrance to the development will be from Fairhills Circle and accent lighting and extensive landscaping with substantial green space is planned to promote an appealing environment that compliments the neighborhood and promotes increased property values.Additionally,all lawn and common areas within Fair Hills Court will be maintained by the developer.The common maintenance of the property reinforces the quality that has been planned,and will continue to be stressed throughout the residential development. B.EXISTING CONDITIONS: The site is located near the West Markham/Mississippi Avenue intersection.The area is predominately single-family with a church located at the southeast corner of Mississippi Avenue and West Markham Street and an elementary school located on West Markham west of the site.Fairhills Circle is a narrow residential street with five homes located on the cul-de-sac. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received several informational phone calls from area residents.The Briarwood Neighborhood Association,all owners of property 2 August 3,2006 ITEM NO.:13.Cont.Z-7837-A located within 200 feet of the site and all residents,who could be identified, located within 300 feet of the site were notified of the public hearing. D.ENGINEERING COMMENTS: Public Works: 1.Markham Street is classified on the Master Street Plan as a minor arterial with special standards.A dedication of right-of-way 40 feet from centerline will be required (special reduced standard for Markham Street is 70 feet with 80 feet near intersections). 2.A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Fairhills Circle. 3.Signage cannot be located within right-of-way. 4.Due to excess terrain,provide grading and drainage plan showing existing and proposed contours.Provide heights of walls,building pad elevations, and slopes.Wall heights cannot exceed 15 feet and slopes must be 3:1 or flatter. 5.Fairhills Circle is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 6.A grading permit in accordance with Section 29-186 (c)and (d)will be required prior to any land clearing or grading activities at the site.Site grading,and drainage plans will need to be submitted and approved prior to the start of construction. 7.Landscape island should be removed due to access problems in and out of development.Several of the parking spaces have no room for vehicle backing movements.The two (2)parking spaces on the north should be removed due to backing problems.Parking should be redesigned and could require driveway to be relocated. 8.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501)379-1817 (Derrick Bergfield). E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required,with easements.Contact Little Rock Wastewater Utility at 688-1414 for additional information. ~Enter:No comment received. Center-Point Ener:No comment received. AT 5 T:No comment received. 3 August 3,2006 ITEM NO.:13.Cont.Z-7837-A Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.A Capital Investment Charge based on the size of the connection(s)will apply to this project in addition to normal charges.This development will have minor impact on the existing water distribution system.Proposed water facilities will be sized to provide adequate pressure and fire protection.Contact Central Arkansas Water at 377-1225 for additional information. ~pi P t:I tilt hyd t p d.d t tth tgl ~kFI Department at 918-3700 for additional information. ~dpi I:N CATA:The site is located on CATA Bus Route ¹5—the West Markham Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:This request is located in the West Little Rock Planning District.The Land Use Plan shows Single Family for this property.The applicant has applied for a rezoning from R-2 (Single Family District)to PD-R (Planned Development -Residential)for construction of two duplex units on the lots. Because of the small scale of this project staff believes an amendment to the Land Use Plan is not applicable at this time. ~gi I Pl:g*l tl g p p ddt I,II,Ill hlk y tl th immediate vicinity of the development. Master Street Plan:Fairhills Circle is shown as a Local Street and West Markham Street is shown as a Minor Arterial on the Master Street Plan.The primary function of a Local Street is to provide access to adjacent properties and the purpose of a Minor Arterial is to provide connections to and through an urban area.This site is near the Mississippi Street-Markham Street intersection,which is oftentimes congested during peak travel times.In the event of approval of this application staff feels that access to the duplexes should be off of Fairhills Circle, the Local Street,to minimize impact on Markham Street,a Minor Arterial.West Markham Street and Fairhills Circle may require dedication of right-of-way,may require street and sidewalk improvements. Cit Reco nized Nei hborhood Action Plan:The applicant's property lies in the area covered by the Briarwood Neighborhood Action Plan.The Land Use and Zoning goal is "To maintain the character of homes in the Briarwood Neighborhood,"with an action statement,"Identify rental property in the neighborhood to maintain the character of the neighborhood."This neighborhood action plan indicates a concern for rental property in the neighborhood.This proposal would construct two new duplexes,which may or may not result in rental units. 4 August 3,2006 ITEM NO.:13.Cont.Z-7837-A ~Ed 1.Compliance with the City's Landscape and Buffer Ordinances is required. 2.The two separate parking spaces currently encroach into the minimum 9 foot wide street buffer and the minimum 9 foot wide landscape strip.The City Beautiful Commission must approve a variance. 3.The proposed structures encroach into the 9 foot wide land use buffer along the eastern perimeter of the site.Seventy percent (70%)of this buffer is to remain undisturbed.Easements cannot count towards meeting this minimum requirement. 4.The southern perimeter is also required to have a minimum 9 foot wide land use buffer.Seventy percent (70%)of this buffer is to remain undisturbed. 5.A six foot high opaque screen,either a wooden fence with its face side directed outward,a wall or dense evergreen planting,is required along the southern and the eastern perimeters next to the residentially zoned property. 6.It appears the maneuvering area within the parking lot could be reduced allowing for more green space on the site. G.SUBDIVISION COMMITTEE COMMENT:(July 13,2006) Mr.Rodney Chandler was present representing the request.Staff stated the developers were requesting to revise a previously approved PD-R to allow the development of two (2)duplex units on the site which contained one half acre and two (2)lots.Staff stated there were a number of outstanding issues associated with the request.Staff questioned the need for a development sign. Mr.Chandler stated he would remove the sign request from the application.Staff also stated the trash pick-up location would need to be coordinated with the Public Works Department to ensure the site was accessible for collection.Staff questioned if any decks,porches or patios were proposed.Staff also noted the location of all proposed fencing was required on the site plan.Staff requested the applicant provide elevations and construction materials proposed. Public Works comments were addressed.Staff stated a 20-foot radial dedication was required at the intersection of Fairhills Circle and West Markham Street. Staff also stated dedications would be required on West Markham and Fairhills Circle.Staff stated the two (2)parking spaces on the north should be removed due to backing problems within the proposed parking area. Landscaping comments were addressed.Staff stated the two parking spaces interfered with the required street buffer.Mr.Chandler stated the parking spaces would be removed from the revised site plan.Staff noted the eastern perimeter did not meet the minimum land use buffer requirement of nine feet.Staff stated easements could not count toward meeting this minimum requirement. 5 August 3,2006 ITEM NO.:13.Cont.Z-7837-A 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 13,2006,Subdivision Committee meeting.The applicant has noted the location of the proposed fencing,provided elevations and the construction materials.A radial dedication has been included on the proposed site plan as requested by the Public Works Department.The revised site plan also indicates the placement of the required land use buffer along the eastern perimeter. The site plan indicates the site contains a total of 15,892 square feet (0.36 acres) with a total building coverage of 4,637 square feet (34.2%)and a total landscaped area of 8,015 square feet (47.8%).The Planned Zoning District Ordinance requires a minimum of ten to fifteen percent of the site area be designated as common usable open space and a minimum of 500 square feet of usable private open space per unit.The site plan includes private patio areas for each of the units separated with a six foot wooden fence.The indicated common and private open space are adequate to meet the typical minimum requirements of the ordinance. The site plan indicates the placement of a six foot wood fence along the eastern and southern perimeters of the site to provide screening for the adjoining single- family homes.A 19-foot building setback has been indicated along the eastern perimeter and a 20-foot building setback along the southern perimeter to allow an adequate land use buffer to the adjoining homes.The applicant has also indicated Leeland Cypress trees will be planted on the south side of the development to provide additional privacy for residents and the surrounding homes. The site plan indicates the placement of eight on site parking spaces.The development is proposed with a total of four units.Based on the typical minimum parking required for a multi-family development six parking spaces would typically be required.The indicated parking is adequate to meet the typical minimum parking required. The applicant has provided building elevations which appear as a two story Brownstone architecture.The roof is proposed with a 6/12 elevation with architectural shingles.The construction materials proposed are brick on all four sides,precast keystones,brick quoins and,transom windows. 6 August 3,2006 ITEM NO.:13.Cont.Z-7837-A Staff is not supportive of the proposed development.Staff is not supportive of the density,parking court and the massing of the structures.The area is designated as Single Family on the City's Future Land Use Plan.The developer is proposing the placement of duplex units on two previously platted lots with a surface parking area in front of the buildings to serve the units.In staff's opinion the development as proposed does not give the appearance of a single-family development but more of a multi-family development. I.STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item indicating the applicant had submitted a request dated August 2,2006,requesting the item be deferred to the September 14,2006,public hearing.Staff stated the deferral request would require a By-law waiver with regard to the late deferral request date.Staff stated they were supportive of the deferral request. There was no further discussion of the item.The Chair entertained a motion for approval of the By-law waiver with regard to the late deferral request.The motion carried by a vote of 9 ayes,0 noes and 2 absent.The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 7 August 3,2006 ITEM NO.:14.Z-8077 NAME:Energy Master Home Short-form PD-C LOCATION:located at 20801 Colonel Glenn Road DEVELOPER: Energy Master 20801 Colonel Glenn Road Little Rock,AR 72210 ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley,AR 72065 AREA:4.74 acres NUMBER OF LOTS:1 FT.NEW STREET:0 LF CURRENT ZONING:R-2,Single-family ALLOWED USES:Single-family Residential —Non-conforming Heating and Air Conditioning Service and Installation Company and Gun and Ammo Shop PROPOSED ZONING:PD-C PROPOSED USE:Heating and Air Conditioning Service and Installation Company and Gun and Ammo Shop VARIANCES/WAIVERS REQUESTED: 1.A deferral of the Master Street Plan requirements to Colonel Glenn Road. 2.A variance to allow an increased driveway width for the existing drive. A.P ROPOSAL: Currently Energy Master Home,Inc.is operating all aspects of this business from the office and warehouse located at 20801 Colonel Glenn Road.The company is a complete heating and air conditioning service and installation company.The company uses blown cellulose,installs vapor barriers and does complete energy audits for customers.The warehouse contains stock items frequently used in daily operations.The hours of operation are from 7:00 am to 5:00 pm Monday through Friday.The company employees eleven persons and maintains nine vehicles.Four of the vehicles are stored on the site over night with the remaining vehicles driven by employees to their homes.Each of the vehicles typically August 3,2006 ITEM NO.:14.Cont.Z-8077 accesses the site two to three times per day to restock items for job site installation. There is an existing six by five sign located in front of the business along the east side of the driveway.No additional signage is being requested as a part of the application request.There is an existing semi-trailer located on the front parking area used to store the cellulose insulation.The storage is necessary because the material is delivered by the semi-trailer load.The company that supplies the cellulose insulation trades the semi-trailer each time orders are received to eliminate the need for handling the material a number of times. The company is proposing a three to five year building plan beginning with the construction of a 40-foot by 60-foot office building.Soon after completion of the new office building,construction of the covered parking is proposed.After the completion of these two buildings an addition to the existing warehouse is proposed.The long term plan includes the placement of a single-family residence along the southern portion of the site. The owner of the site also operates a gun and ammo shop from the site.The business has been in operation since 2000. The request includes a deferral of the Master Street Plan requirement to Colonel Glenn Road for five years and a variance from Sections 30-43 and 31-210 to allow an increase driveway width for the existing drive. B.EXISTING CONDITIONS: The site currently houses a commercial business with the office located in a converted single-family home.There is a warehouse located along the western perimeter of the site.The site has a significant elevation change sloping upward from Colonel Glenn Road to the south.There are a number of uses in the area including residential and non-residential uses.There are single-family homes located on large tracts,auto sales and auto repair. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has not received any comment from the area residents.The Crystal Valley Property Owners Association,all residents who could be identified located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the Public Hearing. D.ENGINEERING COMMENTS: Public Works: 1.Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2.With the site development,provide the design of the street conforming to the Master Street Plan.Construct one-half street improvements to the street including 5-foot sidewalk with the planned development. 3.Driveway locations and widths do not meet the traffic access and circulation 2 August 3,2006 ITEM NO.:14.Cont.Z-8077 requirements of Sections 30-43 and 31-210.The width of driveway must not exceed 36 feet and be located in the center of the property. 4.Storm water detention ordinance applies to this property.Show the proposed location for storm water detention facilities on the plan. 5.If disturbed area is one (1)or more acres,obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Outside the service boundary.No comment. ~Enter:No comment received. Center-Point Ener:No comment received. AT 8 T:No comment received. Central Arkansas Water:All Central Arkansas Water requirements in effect at the time of request for water service must be met.Approval of the City of Little Rock Planning Department is required prior to water service availability to this property. This property is subject to a special monthly assessment by Salem Water Users P.W.A.which would be due with their water billing.Contact Central Arkansas Water at 377-1225 for additional information. ~Fi 0 d:dtd d I d dd.P Id Itt t td volunteer fire department indicating their knowledge of the project and their ability to serve the development. ~CPI 1.Provide a new survey and site plan.The submitted materials are inaccurate. CATA:The site is not located on a dedicated CATA Bus Route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:This request is located in the West Fourche Planning District. The Land Use Plan shows Single Family for this property.The applicant has applied for a rezoning of this property to Planned Commercial Development to allow an existing business to expand by the construction of additional buildings for covered parking and a warehouse facility.Since the use is existing,it is a home-based business and there is no significant addition in land area of non- residential use,the proposal does not have a significant impact on the Land Use Plan,which would necessitate a Plan Amendment. Master Street Plan:Colonel Glenn is shown as a Minor Arterial on the Master 3 August 3,2006 ITEM NO.:14.Cont.Z-8077 Street Plan.A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area.Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on the Arterial.These streets may require dedication of right-of- way and may require street improvements. ~gi I Pl:E*I Ig ~p p ddl I,II,IIIBIk p tt tk immediate vicinity of the development Cit Reco nized Nei hborhood Action Plan:The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ~td 1.Compliance with the City's Landscape and Buffer Ordinances is required. 2.The street buffer requirement along Colonel Glenn Road should average 46 feet in width,and in no case be less than 23 feet.The proposed plan reflects a building in this area.The structures should be moved south,out of this area. 3.A 16 foot land use landscape buffer is required along the eastern and western perimeters adjacent to the residentially zoned property.Seventy percent (70%)of this buffer is to remain undisturbed.Currently,the plan reflects a building proposed within this area.The structure should be relocated out of this area. 4.A 46 foot land use landscape buffer is required along the southern perimeter adjacent to the residentially zoned property.Seventy percent (70%)of this buffer is to remain undisturbed.Unless,this structure is to be used as a residence. 5.A six foot high opaque screen,either a wooden fence with its face side directed outward,a wall or dense evergreen planting,is required along the southern,eastern and western perimeters adjacent to the residentially zoned property. 6.Additional landscaping may be required in conjunction with any new parking areas. 7.A controlled automatic irrigation system is required for all new landscaped areas. 8.Prior to the issuance of a building permit,it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 9.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 13,2006) The applicants were present representing the request.Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request.Staff questioned the activities currently taking place on the site and questioned the immediate plans for redevelopment of the site.Staff also questioned the number of employees and the days and hours of operation. Public Works comments were addressed.Staff stated street improvements to 4 August 3,2006 ITEM NO.:14.Cont.Z-8077 Colonel Glenn Road would be required per the Master Street Plan.Staff suggested the applicant seek a five (5)year deferral of the improvements which could be supported by staff.Staff stated the existing driveway did not meet ordinance standards.Staff stated the maximum driveway width allowed was 36- feet.Mr.Finkbeiner stated the driveway was 40-feet and was necessary to facilitate large truck maneuvering onto the site.Staff stated a variance for the driveway width would also be supported since the drive was existing. Landscaping comments were addressed.Staff stated screening was required around the perimeters of the site where abutting residentially zoned or used property.Staff stated this would include the future home site area unless the structure would be used solely as a residence.Staff stated a few of the indicated buildings were located within the required land use buffer areas.Staff suggested the applicant relocate the structures away from property lines to allow the buffering as required by ordinance. Mr.Finkbeiner questioned the requirement of a 40-foot building setback around the perimeter of the site.Staff suggested the applicant contact the County directly concerning their comments.Staff stated in some cases the County would relinquish their required setbacks to those required by the zoning ordinance. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification.There was no further discussion of the item.The Committee then forwarded the item to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised cover letter addressing most of the issues raised at the July 13,2006,Subdivision Committee meeting.The applicant has indicated the immediate plans for redevelopment of the site,the number of employees and the days and hours of operation.The applicant has also indicated screening will be provided around the perimeters of the site to comply with the minimum buffer and landscape ordinance requirements. The company employees eleven persons and maintains nine vehicles.Four of the vehicles are stored on the site over night and the remaining vehicles are driven home by the employees.Each of the vehicles typically accesses the site two to three times per day to restock items for job site installation.There is an office assistant on site during normal business hours.The typical business hours are from 7:00 am to 5:00 pm Monday through Friday. The immediate plan is to construct a 40-foot by 60-foot office building.Soon after completion of the new office building,construction of a covered vehicle parking structure is proposed.After the completion of these two buildings an addition to the existing warehouse is proposed.The applicant has indicated a 5 August 3,2006 ITEM NO.:14.Cont.Z-8077 three to five year build out for completion of the commercial buildings.The long term plan includes the placement of a single-family residence along the southern portion of the site The request includes a deferral of the Master Street Plan requirement to Colonel Glenn Road for five years and a variance from Sections 30-43 and 31-210 to allow an increased driveway width for the existing drive.The applicant has indicated the driveway is existing and the 40 foot driveway width is necessary to accommodate truck traffic entering the site.Staff is supportive of the deferral request and the request to allow the existing drive to remain with a 40-foot opening. Currently Energy Master Home,Inc.is operating all aspects of their business from the office and warehouse located at the site.The company is a complete heating and air conditioning service and installation company.The company uses blown cellulose,installs vapor barriers and does complete energy audits for customers.The warehouse contains stock items frequently used in daily operations.The owner of the site also operates a gun and ammo shop from the site.The gun and ammo business has been in operation since 2000. The office activities for Energy Master Home,Inc.are being conducted from a converted single-family residence located near the northern portion of the property.There is an existing six by five sign located in front of the business along the east side of the driveway.No additional signage is being requested as a part of the application request.There is an existing semi-trailer located on the front parking area used to store the cellulose insulation.The storage is necessary since the material is delivered by the semi-trailer load,which is traded each time orders are received,to eliminate the need for handling the material an increased number of times. Energy Master Home,Inc.has been operating from this site since the early 1990's.At the time the business was established,the site was located outside the City's Extraterritorial Planning Jurisdiction.Staff is supportive of the allowance of some expansion of commercial activity on the site but staff has concerns with the degree of expansion the applicant is proposing.The site is shown as Single Family on the City's Future Land Use Plan.Typically,when existing businesses located within the planning boundary have requested rezoning to allow conformance,staff has supported the request and not required a Land Use Plan amendment to be filed.In some cases,staff has supported a small degree of expansion of the existing businesses when staff has felt there would not be a significant change in the character of the development or provide a significant impact on the adjoining properties.In staff's opinion the development as proposed will change the character of the site.Staff feels with the expansion of the warehouse building and the construction of a new office building,the site will no longer appear as a rural residential home site.Staff is not opposed to the rehabilitation of the existing structure for the office use and the construction of the covered parking on the site.The office is currently located on the site in the former home and the vehicles are currently being stored on the site and in staffs opinion the construction of a structure to allow protection of the vehicles will minimally impact the area. 6 August 3,2006 ITEM NO.:14.Cont.Z-8077 I.STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present representing the request.There were no registered objectors present.Staff presented the item with a recommendation of denial. Mr.Ricky Finkbeiner addressed the Commission on the merits of his request.He stated he was unaware he could provide the Commission with photo's,petitions and additional information to support his case.Chairman Stebbins asked Mr. Finkbeiner if he would prefer to defer the item to allow him addition time to prepare his presentation.Mr.Finkbeiner questioned if any one had been to the site to view the proposed location for building construction.Staff stated the location of the construction was not the issue.Their concern was the expansion of the non-residential use.Staff suggested Mr.Finkbeiner defer the item to allow addition time for them to meet with him and discuss their opposition and determine if there was an application that would be agreeable to both staff and the applicant. Mr.Finkbeiner stated a deferral was acceptable.The Chair entertained a motion to defer the item to the September 14,2006,public hearing.The motion carried by a vote of 9 ayes,0 noes and 2 absent. 7 August 3,2006 ITEM NO.:15.Z-7839 NAME:Summit Heights Short-form PD-R Revocation LOCATION:located on North Summit Street,just South of Cantrell Road DEVELOPER: Moses Tucker Real Estate c/o Jamie Moses 200 South Commerce Street,Suite 300 Little Rock,AR 72201 ENGINEER: AMR Architects 200 South Commerce Street,Suite 300 Little Rock,AR 72201 AREA:0.94 acres NUMBER OF LOTS:5 FT.NEW STREET:0 LF CURRENT ZONING:PD-R ALLOWED USES:Condominium Development Seven (7)Units PROPOSED ZONING:R-3,Single-family PROPOSED USE:Single-family residential VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: Ordinance No.19,344 adopted by the Little Rock Board of Directors on June 21,2005, established Summit Heights Condominiums Short-form PD-R.The rezoning was from R-3 to PD-R to allow the development of the site with seven units of condominium housing. A.PROPOSAL/REQUEST: The applicant submitted a request dated June 21,2006,requesting the current PD-R zoning be revoked and the previous R-3,Single-family District zoning classification be restored.The applicant has indicated the proposed residential development will not be constructed on the site as proposed.Per Section 36- 454(d)the Owner may for cause request repeal of the ordinance establishing the development. August 3,2006 ITEM NO.:15.Cont.Z-7839 B.EXISTING CONDITIONS: The site is a tree covered site with a steep grade change from Summit Street to Gill Street.Summit Street is a narrow street with no curb,gutter or sidewalk in place.The area is predominately residential with the immediate area being single-family.There are duplex and triplex units located to the south of the site along Summit Street and Markham Street.Uses to the east of the site along Gill Street include office/warehouse and further east is a private school complex. C.NEIGHBORHOOD COMMENTS: As of this writing staff has received several informational phone calls from area residents including the neighborhood association.The Capitol View Neighborhood Association,all residents,who could be identified,located within 300 feet of the site and all property owners located within 200-feet of the site were notified of the public hearing. D.STAFF RECOMMENDATION: Staff recommends approval of the request for the revocation of the current PD-R zoning classification and the restoration of the zoning classification to R-3. PLANNING COMMISSION ACTION:(August 3,2006) The applicant was present.There were no registered objectors present.Staff presented the item with a recommendation of approval of the request for the revocation of the current PD-R zoning classification and the restoration of the zoning classification to R-3. There was no further discussion of the item.The Chair entertained a motion for placement of the item on the Consent Agenda for Approval.The motion carried by a vote of 9 ayes,0 noes and 2 absent. I 2 ITEM NO.:16 FILE NO.:MSP06-03 Name:Master Street Plan Amendment Location:Area-wide ~Recast:Add Design Specification Table Source:City Staff,Traffic Engineering PROPOSAL /REQUEST: The request is to add a table with design specifications for roads by classification type of roadway.This table includes the design speed and service volumes, maximum grades,sight distance requirements,horizontal radii as well as right-of- way,paving width and sidewalk requirements.The table has been a part of the Master Street Plan and was inadvertently left out of the draft for the current Master Street Plan when it was approved. The table proposed is the same as that in the earlier version of the Master Street Plan,only updating the citation to a more current version of the ASSTO manual. The 'Design Specifications'able provides standards for each type of road— Design Speed,Maximum Grade,Minimum Sight Distance,Minimum Horizontal Radii,Minimum Horizontal Tangent Distance,Service Volume,Minimum Right- of-way,Minimum Pavement,and Sidewalks. The information included in the table is already in the Master Street Plan document included with each street cross-section within the 'Design Standards'ection of the Master Street Plan.The table just provides an easy to use summary of the standards for all the streets types in one place.When approved this table will be made a part of 'Section 3:Design Standards'f the Master Street Plan document.(attached is a copy of the Table) NEIGHBORHOOD COMMENTS: Notices were sent to the ordinance change contact list of some fifty neighborhood groups,professional organizations,developers and engineers. Staff has received one comment against the change from a property owner along the alignment. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. ITEM NO:16 CONT FILE NO:MSP06-03 PLANNING COMMISSION ACTION:(August 3,2006) The item was placed on the consent agenda for approval to august 17,2006.By a vote Of 9 for,0 against and 2 absent the consent agenda was approved. 2 DESIGN SPECIFICATIONS Design Principal Minor Minor Consideration Ex resswa Arterial Arterial Collector Res.Res. Design speed 55 45 40 30 25 20 (miles per hour) Maximum grade 8%8%9%12%15%16%***** at centerline Min.sight 550'00'25'00'00'00'istance at crest of vertical curve Min.horizontal 1700'00'00'75'50'5'** radius at centerline (normal crown) Min.horizontal 1000'00'00'35'/A N/A radius at centerline (super-elevated Cross section) Min.horizontal 600'00'00'00'0'/A tangent distance bet.reverse curves Service volume 40,000 25,000 18,000 5,000 2,500 Max.of 35 lots Min.right-of-way 200'10'0'0'0'5'in. pavement 48'+s hid 66'**** 59'6'6'4'idth (back to 8 median back of curb) Sidewalks may be***both both one one None required sides sides side side NOTE:All minimum design standards comply with the 2001 AASHTO Policy on Geometric Design Manual,Fourth Edition.All roadway design elements shall be in accordance with the AASHTO Manual *Corresponds to a 200 ft.horizontal tangent distance between reserve curves.*Minimum standard corresponds to design speed of 15 mph***Sidewalks may be required in areas of intense development****2 divided 26 ft.lanes with proper provision for future widening.*****may be increased to 18%with approval. ¹No more than 35 lots. F PL A N N I N G CO M M I S S I O N VO T E RE C O R D DA T E &r 3 mo 4 C. MS ~ T ME M B E R C, h I AD C O C K , PA M AL L E N , FR E D , JR . HA R G R A V E S , LU C A S LA H A , TR O Y LA N G L A I S , GA R Y \ ME Y E R , JE R R Y RA H M A N , MI Z A N ST E B B I N S , RO B E R T TA Y L O R , CH A U N C E Y WI L L I A M S , DA R R I N YA T E S , J E F F kC VL Ar o - & b 4 II I I E M B E R 1& AD C O C K , PA M A @- AL L E N , FR E D , JR . e HA R G R A V E S , L U C A S LA H A , TR O Y v 7 y e ~ e ~ LA N G L A I S , GA R Y e e s e ME Y E R , J E R R Y RA H M A N , MI Z A N dd g g y e e ST E B B I N S , RO B E R T ed e dd ' dd ' A Y L O R , CH A U N C E Y S e e dd ' J ' u'I L L I A M S , DA R R I N v' 0 e ~ YA T E S , J E F F J ~ ~ J v' li d dd t do d d Pd M . ~A Y E + NA Y E A AB S E N T AJ S AB S T A I N ~R E C U S E August 3,2006 There being no further business before the Commission,the meeting was adjourned at 7;15 p.m. 9.ff.Of e re hairman