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pc_01 19 2006 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JANUARY 19, 2006 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Pam Adcock Gary Langlais Mizan Rahman Troy Laha Robert Stebbins Jerry Meyer Lucas Hargraves Fred Allen, Jr. Darrin Williams Chauncey Taylor Jeff Yates Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the December 1, 2005 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JANUARY 19, 2006 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-7725 Black Community Developers Group Home – Special Use Permit 4017 West 12th Street B. Z-7726 Victory Outreach Church Group Home – Special Use Permit 3401 West 12th Street C. Z-5224-J Moonlight Fireworks – Conditional Use Permit 7807 Highway 300 D. Z-7953 Akins Duplex – Conditional Use Permit 3004 State Street E. LU05-19-02 A Land Use Plan Amendment in the Chenal Planning District on the south side of Cantrell Road at Norton Road from Single Family to Commercial. E.1. Z-7880 Rezoning from R-2 to C-3 6, 12, 14 and 17 Norton Road F. Z-4765-B West Highlands Zoning Site Plan Review, located East of Autumn Road on Lots 7R, 9 and 10 of the West Highlands Subdivision. II. NEW BUSINESS: Item Number: File Number: Title 1. LU06-08-01 Land Use Plan Amendment in the Central City District from Single Family and Low Density Residential to Public Institutional between Schiller and Wolfe from 9th to Daisy Bates Drive. 1.1. Z-4336-U Rezoning from Various Districts to O-2 Parcels located within an area bounded by Maryland Avenue, Daisy Bates Drive, Schiller Street and Martin Luther King Drive. Agenda, Page Two II. NEW BUSINESS: (Continued) Item Number: File Number: Title 2. LU06-18-01 Land Use Plan Amendment in the Ellis Mountain Planning District from Office to Commercial west of Lawson Road, between Colonel Glenn Road and David O Dodd. 2.1. Z-7978 Rezoning from R-2 to C-3 12624 Lawson Road 3. Z-7979 Rezoning from R-2 to O-3 East side of David O Dodd Road, immediately North of J.A. Fair High School 4. Z-7981 Rezoning from R-2 to C-3 North side of Stagecoach Road, at Flintridge Road 5. Z-4281-A New Light Baptist Church – Conditional Use Permit 3110 Battery Street 6. Z-4985-F Cia Day Care Center – Conditional Use Permit 2407 Battery Street 7. Z-5773-A St. Margaret’s Episcopal Church – Revised Conditional Use Permit 20900 Chenal Parkway 8. Z-7784-A St. Andrews Church – Revised Conditional Use Permit 8300 Kanis Road 9. Z-7816-A Milam-Deerman Duplexes – Conditional Use Permit SE corner of Ludwig and West 32nd Streets 10. Z-7980 Entergy Substation – Conditional Use Permit 14250 Colonel Glenn Road 11. Z-7982 Oak Forest United Methodist Church – Conditional Use Permit 2415 Fair Park Blvd. 12. Z-7253-C Verizon Wireless – Tower Use Permit 2416 West 16th Street 13. Z-7983 Verizon Wireless – Tower Use Permit 14301 Cantrell Road January 19, 2006 ITEM NO.: A FILE NO.: Z-7725 NAME: Black Community Developers Group Home – Special Use Permit LOCATION: 4017/4019 West 12th Street OWNER/APPLICANT: Black Community Developers, Inc. PROPOSAL: A special use permit is requested to allow use of the existing duplex on this R-4 zoned lot as group home for up to 12 women; 6 per unit. A. Public Works Comments: No Comments. B. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Forest Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood Associations were notified of the public hearing. C. Staff Analysis: 4017 West 12th Street is located on the south side of West 12th Street, between Elm and Cedar Streets. The property contains a one-story rock and frame duplex structure. There is a paved alley along the rear (south) property line. A one-story frame storage/carport structure is located in the rear yard along the paved alley. The general area contains a mixture of zoning and uses. Residential structures are located across the alley to the south. There is a residential structure and a church located immediately east. A commercial zoned property is located immediately west, with residences further west across Elm Street. There is a mixture of commercial and office uses across West 12th Street to the north. The applicant, Black Community Developers, Inc., proposes to utilize the existing duplex structure as a group home. The residential facility will house participants in a substance abuse program. Each of the duplex units has three (3) bedrooms. Up to six (6) adult women will reside in each unit. The applicant notes that the participants are recovering from substance abuse and have completed the first intensive 30-day phase of treatment. There will be a senior client who will serve as a liaison between the staff of the treatment program and the residents. The January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 2 applicant notes that there will be no classes or counseling services provided on site. A copy of the center’s client handbook has been provided and is attached for Commission Review. The applicant also notes that the participants in the program will work off-site. None of the participants will have automobiles. The program will provide transportation until the resident is capable of securing a bus pass or make other arrangements for transportation to work. The site is located on CATA Bus Route #3 (Baptist Medical Center Route), which runs from Downtown Little Rock to the I-430/Shackleford Road intersection. Only minor repairs will be made to the existing residential structure. The applicant notes that the facility will meet the requirements of the State of Arkansas Department of Human Services Division of Alcohol, Drug and Substance Abuse Services. There is an entry light for each duplex, and existing street lights along West 12th Street. The applicant is proposing no additional lighting. There is also a standard chain link fence around the perimeter of the property. There is no additional fencing proposed. As noted previously, none of the clients will have their own vehicles. Therefore, no additional parking is proposed. A small area of parking exists off the alley (existing carport structure), which should be sufficient for a facility van or other similar vehicles. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: (4) family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility: (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 3 or whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi- public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and board facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to a an area survey, there is one (1) other similar use and three (3) other types of residential facilities within 1,500 feet of the property. Will’s House, a residential facility for recovery drug abusers is located at 1200 S. Valentine Street. The Missionaries of Charity House (a residential facility for up to 11 homeless women) is located at 1002 S. Oak Street. The Florence Crittenton Home (for up to 9 adolescents) is located at 3600 West 11th Street. Elm Street Community facility (for low income and handicapped persons) is located at West 17th and Elm Streets. To staff’s knowledge, there are no outstanding issues associated with this application. Staff believes this proposed group home facility will operate in conformance with the provisions of Section 36-54 of the Zoning Ordinance. The site is located on West 12th Street, which is classified as January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 4 a minor arterial by the City’s Master Street Plan. As noted previously, the site is located on a major CATA bus route. The applicant submitted a copy of the Bill of Assurance, which was recorded in 1869 and is not legible. The Bill of Assurance likely included no use issues. Additionally, the proposed group home facility will conform with Sections 8-406(a) (minimum area per dwelling unit) and 8-406(b) (minimum area per bedroom) of the City’s Buildings and Building Regulations Ordinance. The dwelling units will total 900 square feet and 912 square feet. The bedrooms range in size from 132 square feet to 240 square feet. Staff believes the proposed group home will have no adverse impact on the general area. D. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) Don Wilson was present, representing the applicant. Staff presented the item and requested additional information, including: a copy of the bill of assurance; if there is to be an on-site manager; if other activities are to occur on the site such as classes or counseling sessions; a copy of the residents’ rules; a parking plan; fencing; site lighting; a transportation plan; and whether occupants will work off site. Staff requested more information on the nature of the occupants. Staff informed the Committee that the item needed to be deferred to the December 16, 2004 since the task force which is currently studying the issue of transitional housing has not yet completed its work. The applicant was advised to respond to staff issues by October 6, 2004. The Committee then forwarded the item to the full Commission. After the Subdivision Committee meeting the applicant provided staff with the additional information as requested. E. Staff Recommendation: Staff recommends approval of the special use permit to allow a group home at 4017/4019 West 12th Street, subject to the following conditions: 1. Compliance with the ordinance requirements as found in Section 36-54(e)(4) of the City’s Zoning Ordinance. 2. The group home is to have a maximum of 12 residents, six (6) per dwelling unit. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 5 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 6 STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at its February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 agenda to allow further review of the issue of Transitional Housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issue. The matter was most recently discussed at the January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 7 Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal, staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: On July 21, 2005, the Commission voted to recommend approval of the Ordinance Amendments. The amendments were scheduled for the Board of Directors’ September 6, 2005 Agenda. If the amendments are adopted, this application will be amended to a special use permit. The item needs to be deferred to the Commission’s October 13, 2005 agenda to allow time for the Board to act on the proposed amendments. January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 8 PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the October 13, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to October 13, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: Staff is in the process of reviewing this Special Use Permit as per the new ordinance requirements passed by the Board of Directors for Group Home facilities on September 6, 2005. The applicant has not yet mailed the required notices to surrounding property owners. Therefore, staff recommends this application be deferred for one (1) additional cycle to allow time for the staff review and the applicant to obtain an abstract list and notify surrounding property owners. Staff recommends the item be deferred to the December 1, 2005 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff recommended this item be deferred to the December 1, 2005 Agenda to allow the applicant additional time to send the required notices to surrounding property owners and to allow staff time to review the application based on the new ordinance standards for Group Home type uses. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (DECEMBER 1, 2005) Staff informed the Commission that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the January 19, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the January 19, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. January 19, 2006 ITEM NO.: A (Cont.) FILE NO.: Z-7725 9 PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Staff informed the Commission that the applicant failed to complete the required notification of surrounding property owners. Staff recommended the application be deferred to the March 2, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the March 2, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. January 19, 2006 ITEM NO.: B FILE NO.: Z-7726 NAME: Victory Outreach Church Group Home – Special Use Permit LOCATION: 3401 West 12th Street OWNER/APPLICANT: Victory Outreach Church/Deverick Green PROPOSAL: A special use permit is requested to allow use of the existing duplex on this R-4 zoned lot as a group home facility for up to 11 men and an on-site manager. A. Public Works Comments: No Comments. B. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Forest Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood Associations were notified of the public hearing. C. Staff Analysis: 3401 West 12th Street is located at the southwest corner of West 12th and Martin Streets. There is a one-story frame duplex structure located on the property. There is a two-car wide driveway from Martin Street which serves as access. A small storage shed is located in the rear yard. There is a partially paved alley along the rear (south) property line. The general area contains a mixture of zoning and uses. There are residential structures located immediately west and south of the site, with commercial zoned property at the intersection of West 12th and Valmar Streets. Residential structures are also located across West 12th Street to the north. There is a church facility located across Martin Street to the east. The applicant, Victory Outreach Church, proposes to utilize the existing duplex structure as a group home. The residential facility will house participants in a substance abuse program. The duplex contains a three- bedroom unit which will house eleven (11) men. The second unit has two (2) bedrooms and will be for the program director/manager. The applicant notes that all classes and counseling will take place at the Victory January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 2 Outreach Church and not at this location. A copy of the facility’s rules and responsibilities is attached for Planning Commission review. The applicant also notes that the program’s participants will work off-site. The participants will work at the church’s car wash or other businesses in the city. The program will provide transportation for the residents. The residents will not be allowed to have a vehicle. The site is located on CATA Bus Route #3 (Baptist Medical Center Route), which runs from Downtown Little Rock to the I-430/Shackleford Road Intersection. The applicant notes that the program’s van and the director’s vehicle will be the only vehicles on the site. The existing driveway from Martin Street will allow sufficient parking space. The applicant also notes that no additional lighting or fencing will be placed on the site. There is an existing fence along the rear (south) property line. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: (4) family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility: (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 3 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi- public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and board facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to a an area survey, there is one (1) other similar use and two (2) other types of residential facilities within 1,500 feet of the property. Will’s House, a residential facility for recovery drug abusers is located at 1200 S. Valentine Street. The Missionaries of Charity House (a residential facility for up to 11 homeless women) is located at 1002 S. Oak Street. The Florence Crittenton Home (for up to 9 adolescents) is located at 3600 West 11th Street. Staff has made numerous attempts to contact the applicant to obtain information regarding the area of the dwelling units and the individual bedrooms. The applicant has not returned staff’s calls as of this writing. Staff needs this additional information to determine if the proposed group home conforms to Sections 8-406(a) and 8-406(b) of the City’s Buildings and Building Regulation Ordinance. Therefore, Staff will recommend this application be deferred. D. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) The applicant, Deverick Green, was present. Staff presented the item and requested additional information, including: greater details on the January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 4 living arrangement (number of people per unit and number of bedrooms); a copy of the residents’ rules; a transportation plan; whether occupation will work off site; a parking plan; whether any other activities will occur on the site such as classes or considering sessions; site lighting and fencing. Staff requested greater information on the nature of the occupants. Staff informed the Committee meet the item needed to be deferred to the December 16, 2004 meeting since the task force which is currently studying the issue of transitional housing has not yet completed its work. The applicant was advised to respond to staff issues by October 6, 2004. The Committee then forwarded the item to the full Commission. After the Subdivision Committee meeting, the applicant provided staff with the additional information as requested. E. Staff Recommendation: Staff recommends the application be deferred to the January 19, 2006 Planning Commission agenda. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposed ordinance changes, is not complete. This item needs to be deferral to the February 3, 2005 Agenda to allow that process to continue. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 5 The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at is February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 6 STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 Agenda to allow further review of the issue of transitional housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issues. The matter was most recently discussed at the Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21, 2005 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal, staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 7 PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: On July 21, 2005, the Commission voted to recommend approval of the Ordinance Amendments. The amendments were scheduled for the Board of Directors’ September 6, 2005 Agenda. If the amendments are adopted, this application will be amended to a special use permit. The item needs to be deferred to the Commission’s October 13, 2005 agenda to allow time for the Board to act on the proposed amendments. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the October 13, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to October 13, 2005 with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: Staff is in the process of reviewing this Special Use Permit as per the new ordinance requirements passed by the Board of Directors for Group Home facilities on September 6, 2005. The applicant has not yet mailed the required notices to surrounding property owners. Therefore, staff recommends this application be deferred for one (1) additional cycle to allow time for the staff review and the applicant to obtain an abstract list and notify surrounding property owners. Staff recommends the item be deferred to the December 1, 2005 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff recommended this item be deferred to the December 1, 2005 Agenda to allow the applicant additional time to send the required notices to surrounding January 19, 2006 ITEM NO.: B (Cont.) FILE NO.: Z-7726 8 property owners and to allow staff time to review the application based on the new ordinance standards for Group Home type uses. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (DECEMBER 1, 2005) Staff informed the Commission that the applicant failed to contact staff with needed additional information. Staff recommended the application be deferred to the January 19, 2006 Agenda. The item was placed on the Consent Agenda and deferred to the January 19, 2006 Agenda. The vote was 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Staff informed the Commission that the applicant notified staff by phone and requested the application be withdrawn, noting they no longer occupied the property. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn. The vote was 10 ayes, 0 nays and 1 absent. January 19, 2006 ITEM NO.: C FILE NO.: Z-5224-J NAME: Moonlight Fireworks – Conditional Use Permit LOCATION: 7807 Highway 300 OWNER/APPLICANT: Charles Terry and Elizabeth Saugey/Stan Wilhite PROPOSAL: A conditional use permit is requested to allow a fireworks stand as a temporary seasonal use on this 1.28-acre tract. The property was rezoned from C-1 to PCD in early 2003. The applicant has indicated a desire to revoke the PCD; to restore the previous C-1 zoning. 1. SITE LOCATION: The property is located outside of the city limits but within the City’s extraterritorial jurisdiction. The site is located at the northwest corner of Highway 300 and Pinnacle Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at a small, commercial node at the intersection of Hwy. 300 and Pinnacle Road. The area is rural in nature and is characterized primarily by single family homes on large tracts. Existing, neighborhood oriented commercial uses are located on the subject property and across Hwy. 300 to the east. The property to the north was recently approved for development by a church. Hwy. 300 is the principal entryway to Pinnacle Mountain State Park. Due to the presence of nearby single family residences, the limited neighborhood type of commercial uses at the intersection and the scenic nature of the highway leading to the park, staff does not feel the proposed use is compatible with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Pinnacle Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has three existing driveways; two off of Hwy. 300 and one off of Pinnacle Road. The driveways access a paved parking lot. The proposed fireworks tent is to be located off of the edge of the parking lot. Uses in the existing buildings on the site have included antique sales and January 19, 2006 ITEM NO.: C (Cont.) FILE NO.: Z-5224-J 2 beauty salon. The existing parking area appears to be adequate to support the existing uses and the proposed temporary sales use. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No comments on temporary fireworks sales. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No Comments. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Water service is not available from Central Arkansas Water at this location. Fire Department: Little Rock Fire Department does not approve of the sale of fireworks. County Planning: Approved as submitted. CATA: The site is outside of the CATA service area. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Mark Stodola was present, representing the application. Staff briefly described the proposed conditional use permit. Staff noted that some additional information (hours of operation, signage plan and number of employees) needed to be provided by the applicant. Staff also noted that the applicant needed to file a request to revoke the existing PCD zoning for the property, restoring the previous C-1 zoning. Staff noted that there were no other outstanding issues associated with the requested conditional use permit. Mr. Stodola noted that the requested information would be provided to staff. January 19, 2006 ITEM NO.: C (Cont.) FILE NO.: Z-5224-J 3 After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The 1.2± acre tract located at the northwest corner of Hwy. 300 and Pinnacle Road is currently occupied by several frame buildings and a parking lot. The buildings have historically contained a variety of uses; including an antique store and beauty salon. On March 4, 2003, the Board of Directors passed Ordinance No. 18,831 which rezoned the site from C-1 to PCD. Under the PCD the property owner proposed to redevelop the site with a 14,800 square foot building and 50 parking spaces. C-1 uses and an auction house were the approved uses. The new development has not occurred. The applicant is requesting approval of a conditional use permit to allow for seasonal placement of a fireworks tent on the site. The request is being made under the property’s previous C-1 zoning. If the C.U.P. is approved, the property owner will petition to have the PCD revoked and the previous C-1 zoning reinstated. The tent is proposed to be located on the southern side of the property, off of the parking lot. The proposed days and hours of operation are from June 20 – July 10 each year, from 8:00 a.m. – 10:00 p.m. No permanent signage is proposed. The applicant proposes to place a banner on the tent’s façade. The business will generally employ 6 persons. There is no bill of assurance for this unplatted, acreage tract. Outside of the city limits, within the City’s extraterritorial jurisdiction, fireworks sales are permitted as a seasonal and temporary sales activity on C-3 and C-4 zoned properties which permit retail sales not listed (enclosed). That use requires a C.U.P. in the C-1 district. Staff is not supportive of approving the C.U.P. to allow fireworks sales. The Little Rock Fire Department does not approve of the sale of fire works. City Code prohibits the possession, sale, manufacture or use of fireworks in the City except in accordance with the fire prevention code. Staff does not believe it is appropriate to approve under a special action (conditional use permit) a use that could have a negative impact on the city since it is probable that fireworks sold at this location could be brought into the City. STAFF RECOMMENDATION: Staff recommends denial of the application. January 19, 2006 ITEM NO.: C (Cont.) FILE NO.: Z-5224-J 4 STAFF REPORT: The applicant failed to respond to issues raised at the June 30, 2005 Subdivision Committee meeting. Staff recommends that the item be deferred to the September 1, 2005 Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred by a vote of 11 ayes, 0 noes and 0 absent. STAFF REPORT: On August 18, 2005, the applicant contacted staff and requested that the item be deferred to the October 13, 2005 Commission meeting. The applicant has submitted responses to the issues raised at the June 30, 2005 Subdivision Committee meeting. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The applicants were not present. There were no objectors present. Staff informed the Commission of the applicant’s deferral request. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to October 13, 2005. The vote was 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant requested the application be deferred to the December 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 10 ayes and 1 nay. With a vote of 10 ayes and 1 nay the Commission voted to waive their bylaws and accept the request for a third deferral. Commissioner Floyd noted that he was opposed to an additional deferral. January 19, 2006 ITEM NO.: C (Cont.) FILE NO.: Z-5224-J 5 PLANNING COMMISSION ACTION: (DECEMBER 1, 2005) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had not correctly followed the required notice procedure; that the applicant had not used an abstract company to obtain the list of property owners. The applicant stated they wished to defer the item in order to do the notices correctly. Commissioner Meyer asked if the applicant proposed to operate around New Years. The applicant responded that they only operate around the 4th of July and would not operate around New Years. Chairman Rahman stated this was the fourth deferral. He stated the Commission would either hear the item or withdraw it at the next meeting. In response to a question from Commission Taylor, the applicant again stated they would not operate around New Years. A motion was made to defer the item to the January 19, 2006 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was not present. There were no objectors present. Staff informed the Commission that, on January 10, 2006, the applicant had requested that the item be withdrawn. There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: D FILE NO.: Z-7953 NAME: Akins Duplex – Conditional Use Permit LOCATION: 3004 State Street OWNER/APPLICANT: Travoris Akins PROPOSAL: A conditional use permit is requested to allow for construction of a duplex residence on this vacant, R-3 zoned lot. 1. SITE LOCATION: The lot is located on the west side of S. State Street; south of West 30th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a neighborhood that is principally single family in use. Although there likely are a few duplexes scattered around, none were immediately evident to staff when site inspections were made. Single family dwellings are adjacent to the north, south, east and west. An area of R-4, two-family residential, zoning is located just to the east and north. While staff believes a duplex use could be compatible with the overall neighborhood, staff cannot support this specific proposal. The design of the proposed structure, specifically the lack of front orientation to the street, is not compatible with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the MLK, Meadowbrook, MLK Neighborhood Enrichment Center and South End Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Each unit of the duplex requires one on-site parking space. The applicant proposes to construct a 36-foot wide parking pad in front of the duplex to provide four parking spaces. 4. SCREENING AND BUFFERS: No comments on this duplex residence. January 19, 2006 ITEM NO.: D (Cont.) FILE NO.: Z-7953 2 5. PUBLIC WORKS COMMENTS: 1. State Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. Provide survey showing centerline of State Street. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 3. 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. 4. Driveway width does not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The lots must share a single driveway access centered on the property line. The width of driveway must not exceed 36 feet. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comment received. CenterPoint Energy: No Comment received. Southwestern Bell: No Comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comment received. County Planning: No Comments. CATA: A CATA bus route is located one block to the east and two blocks to the north. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 3, 2005) The applicant was present. Staff presented the item and noted additional information was needed on the proposed building. Staff stated the driveway January 19, 2006 ITEM NO.: D (Cont.) FILE NO.: Z-7953 3 width needed to be reduced to no more than 36 feet. In response to a question from staff, the applicant stated he was not proposing to install any fencing. The applicant was instructed to provide a copy of the Subdivision’s bill of assurance. Public Works and Utility Comments were presented and discussed. The Committee urged the applicant to consider the design of the end of the building, which faced the street; to be more compatible with the other homes in the area. After instructing the applicant to respond to staff issues by November 9, 2005, the Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a duplex residence on this vacant, R-3 zoned lot. The proposed 64’ X 24’, one-story structure is divided into two, 768 square foot (32’ X 24’) units. Each unit is to contain two bedrooms, living room, kitchen and a single bath. The applicant proposes to construct a 36 foot wide driveway off of State Street to provide parking for 4 vehicles. While staff is not necessarily opposed to the concept of allowing a duplex residence on this lot, staff cannot support this particular proposal. It is staff’s opinion that the proposed ranch style structure is not compatible with the character of existing residences in the neighborhood. The structure is proposed to sit on the lot so that the front entrance to each unit faces the side of the lot, rather than the front. The units are designed to sit one behind the other on the lot. Staff believes a structure that was designed to be more compatible with the existing residences in the neighborhood would be more appropriate. It is more typical in the area to have front porches and entrances facing the street. The applicant has stated he will place shrubbery along the side of the structure facing the street to help entrance the appearance of the site. Staff also does not believe the proposed 36-foot wide driveway is compatible with the neighborhood. Most lots in the area, if they have a driveway at all, have only single wide driveways. A four-car wide parking pad gives the appearance that the entire front yard is paved. Unfortunately, the alley behind the lot is inaccessible. The applicant has stated he was unable to obtain a copy of the bill of assurance for Ebendale Addition. It is likely that the bill of assurance does not address use issues, due to the age of the subdivision. January 19, 2006 ITEM NO.: D (Cont.) FILE NO.: Z-7953 4 STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 1, 2005) The applicant was present. There were no objectors present. One letter of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of denial. Several commissioners commented that they supported the concept of a duplex at this location but they could not support the specific design being proposed by the applicant. It was suggested that the applicant work with staff to find a construction style that would be a better fit for the neighborhood. The applicant agreed. A motion was made to defer the item to the January 19, 2006 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to submit a revised plan. Staff recommended deferring the item to the March 2, 2006 meeting. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 2, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: E FILE NO.: LU05-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: South side of Cantrell Road at Norton Road Request: Single Family to Commercial Source: Troy D. Laha PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning to C-3 (General Commercial District) for future development. Staff is not expanding the application since the Land Use Plan in this area has been reviewed several times within the past year. EXISTING LAND USE AND ZONING: The application area is partly developed with four single-family homes on large lots, currently zoned R-2 (Single Family District), and twelve acres ± in size. Between Cantrell Road and part of the proposed area for change several parcels of land zoned R-2 and developed with three single-family homes. Northeast of the application is land zoned PDO (Planned Development Office) recently developed with a Kids Academy daycare/learning center; a PCD (Planned Commercial Development) developed with an auto sales lot/collision center in a small building; R-2 land developed with a single family home; and Multiple PCDs developed with La Palupa Mexican Restaurant, Action Window Coverings, a foreign auto repair service, a drapery shop, and First Financial Computer Services; and additional undeveloped O-3 land. North of the site, Valley Ranch Drive intersects Cantrell Road. The west side of Valley Ranch Drive is undeveloped and zoned O-1 (Quiet Office District) and the east side is zoned O- 3 (General Office District), mostly undeveloped, with the exception of one office building. Immediately east of the application area are lands zoned R-2 with homes on large lots. About a quarter mile southeast of the application is undeveloped land zoned MF-12 (Multifamily District) that is undeveloped. Immediately south and southwest of the application is land zoned R-2 and developed with the Aberdeen Court subdivision consisting of single-family homes on suburban lots. Immediately to the west is the Maywood Manor Subdivision developed with single-family homes on large lots. Further west are large tracts of land zoned R-2 and partly developed with single-family homes on January 19, 2006 ITEM NO.: E (Cont.) FILE NO.: LU05-19-02 2 large lots. Northwest of the property is land zoned R-2 developed by a single home on a large lot, and Little Rock Christian Academy. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 5, 2005 a multiple changes were made within a one-mile radius of the property. Land less than a quarter mile west of the property and on the north and south sides of Cantrell Road was changed to Public Institutional to represent existing institutional uses. Approximately a half-mile west of the site along Chenal Parkway near Northfield Drive (Chalamont Drive) and Cantrell Road, changes were made to Commercial, and Suburban Office to recognize adjacent land uses along Cantrell. About a mile west of the site changes were made to Low Density Residential, Single Family and Suburban Office for future development. Less than one half mile east of the site at Ranch Boulevard on the north side of Cantrell Road changes were made to Commercial and Public Institutional to reflect existing conditions. On February 17, 2004 five parcels of land were changed in the area of Chenal Parkway, and Highway 300 approximately one half to one mile northwest of the application. This eliminated land shown as Single Family and added land shown as Office, Commercial, Open Space, and Multifamily west of the property in question. The reasons for this change were to accommodate future development to create an orderly transition of use intensities between the Commercial and Single Family areas. On January 2, 2002 three changes were made to the Land Use Plan at three locations in the area approximately three quarter miles west of the application. All changes resulted in the loss of Single Family and resulted in the addition of Commercial north and east of Northfield Drive (Chalamont Drive) and Chenal Parkway, Suburban Office south and east of Northfield Drive (Chalamont Drive) and Chenal Parkway including the first transmission line easement, and Park/Open Space for the remainder of the land south and east of Northfield Drive (Chalamont Drive) between Chenal Parkway and Aberdeen Subdivision. On March 6, 2001 a change was made from Single Family to Commercial approximately one half mile west of the application expanding an existing Commercial area just east of the Chenal Parkway and Cantrell Road intersection to accommodate future commercial development southwest of the application. The property is shown as Single Family on the Plan. Surrounding this property is shown as Single family on the south, east, west, and part of the northern sides. North of the application on the north side of Cantrell Road is shown as Suburban Office and Office. Further to the northeast is shown as an Existing Business Node, which is separated from the application by a Single Family area. This existing Business node straddles both sides of Cantrell Road east of the application. January 19, 2006 ITEM NO.: E (Cont.) FILE NO.: LU05-19-02 3 MASTER STREET PLAN: Norton Road is shown as a Local Street on the Plan. The primary function of a Local Street is to provide access to adjacent properties. Cantrell Road is shown as a Principal Arterial and is built as a five-lane road adjacent to the property. 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. Additional commercial and office uses at this site could result in added congestion on this section of Cantrell Road. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class II bikeway is shown on Cantrell Road from Chenonceau Boulevard to the Chenal Parkway. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right of way may be required. PARKS: This application is in the West Little Rock Park Planning District. The Master Parks Plan identifies a lack of public parks in the west Little Rock area and recognizes private neighborhood parks and recreation facilities as parkland in the west Little Rock area. The largest park in this area is Taylor Loop Park, which is a thirty-five acre community park that is undeveloped and approximately three miles west of the site. Since this application is adjacent to the Little Rock Christian Academy and near several property owner association parks, the recreation activities are available in the area and does not categorize it as being in a service deficit area. The Parks and Recreation Master Plan does not indicate any new proposed public parks for the area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. January 19, 2006 ITEM NO.: E (Cont.) FILE NO.: LU05-19-02 4 ANALYSIS: The land use plan in this area was reviewed in late 2004 / early 2005 as part of the Highway 10 Land Use Plan Review which resulted in 18 amendments to the Land Use Plan along Cantrell Road between Morgan Cemetery Road and Black Street. In the immediate area of the application no changes were made to the single-family area because staff felt that Single Family development was appropriate for this location. Single Family development at this location would be in character with neighboring single-family development and new single-family development that has occurred in the area. New single-family development in the area is Cheveaux Court, Montagne Court, and Valley Falls Estates, and several recent small subdivisions to the east. South of the property is Aberdeen Court, which was constructed in the late 1990’s and to the west is Maywood Manor. This has shown a desire for single-family growth along the south of Cantrell Road. At the time of the review Staff felt it was appropriate that the area remain Single Family to reflect the close proximity of two adjacent residential subdivisions. Currently this site is located in a rural area along Cantrell Road in a county island completely surrounded by the city of Little Rock. Before the arrival of the nearby city limits, properties northeast of this area developed with small commercial buildings in a pattern consistent with the once rural highway. When the land was added to the city’s Extraterritorial Land Use and Zoning area, these once rural uses were shown as an Existing Business Node intending to recognize that there was a significant concentration of commercial business at the location. These uses generally are not in compliance with the Highway 10 Overlay District requirements and have various setbacks and building styles that make it unique to the area. A Planned Office Development for a “Kids Place” Daycare has been recently developed between this property and the Existing Business Node. This light office use could provide a transition from the Existing Business Node and the Single Family area. To the east of the property is Patrick Country Road which represents a border between the Existing Business Node and a large Commercial area know as the “The Ranch” development which represents a large commercial and office area. This has established the Ranch area as a major Commercial Node in the area. Currently parts of the Commercial area remain undeveloped. West of the application is another Commercial Node at the intersection of Chenal Parkway and Cantrell Road. This Commercial area represents approximately 100 acres of land shown and is just under half developed. Recent development of a Wal-Mart Supercenter may serve as a catalyst for additional Commercial development at the Chenal Parkway / Cantrell Road Commercial Node. January 19, 2006 ITEM NO.: E (Cont.) FILE NO.: LU05-19-02 5 Both of the previously mentioned Commercial Nodes are located at the intersections of Arterials. Typically staff feels that locations of intense uses should be located at intersections to prevent strip development patterns and to minimize negative effects on arterials. This change to Commercial could allow for high intensity Commercial use in between two large commercial nodes. Already in the area some commercial businesses exist in the existing business node. All of these businesses are zoned through the Planned Zoning District, which results in more control in use and design. The addition of a Commercial area west of this area could allow for straight zoning in the area resulting in undesirable development along Cantrell Road and adjacent to two single-family subdivisions. Since both of the nearby Commercial Nodes have not developed completely any addition of Commercial to the area could be considered premature. This change would also add to strip commercial development along Cantrell Road through this section. Addition of Commercial at this location would introduce the potential of non- residential activities adjacent to new, potential, and established residential areas. Since new subdivisions have been platted and constructed in recent years, and the future plan has indicated Single Family development for that property, the change may have a negative impact on the surrounding area. Southeast of the site is undeveloped land shown as Multifamily that is intended to provide the buffer from Commercial and Suburban Office areas located at Chenonceau Boulevard. This Commercial addition would result in adjacent land uses with no buffer between. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Hillsborough Property Owners Association, Du Quesne Place P.O.A., Chenal Ridge Property, St. Charles Community Association, Johnson Ranch Neighborhood Association, Maywood Manor Neighborhood Association, Aberdeen Court Property Owners Association, Hunters Cove Property Owners Association, Carriage Creek Property Owners Association, Bayonne Place Property Owners Association, Eagle Pointe Property Owners Association, Glen Eagles Property Owners Association, Hunters Green Property Owners Association, Margeaux Place Property Owners Association, Pinnacle Neighborhood Association, and the River Valley Property Owners Association. Staff has received comments from the Aberdeen Court Property Owners’ Association, which is adjacent to the application area. The property owners association represents Aberdeen Court’s 198 homeowners and opposes this change. January 19, 2006 ITEM NO.: E (Cont.) FILE NO.: LU05-19-02 6 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate because it would result in commercial in close proximity to residential subdivisions, could lead to strip commercial development along Cantrell Road, an adequate Commercial space is located at two commercial nodes east and west of the site. PLANNING COMMISSION ACTION: (JULY 21, 2005) The Item was placed on consent agenda for deferral to September 1, 2005. By a vote of 11 yes and 0 no the consent agenda was approved. STAFF UPDATE: Staff has contacted the applicant regarding the application. The applicant has indicated that they plan on deferring the application to a later date. At the time of printing the applicant had not indicated what date they would like to defer the item to. The application remains unchanged and staff is supportive of a deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) The item was placed on the consent agenda for deferral to the October 13, 2005 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: Staff has contacted the applicant regarding the application. The applicant has requested the application be deferred to the January 19, 2006 hearing. The application remains unchanged and staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) This item was placed on the consent agenda for deferral to January 19, 2006. By a vote of 11 for, 0 against the consent agenda was approved as recommended. January 19, 2006 ITEM NO.: E (Cont.) FILE NO.: LU05-19-02 7 STAFF UPDATE: There has been no contact from the applicant. No new information on this item, Staff recommendation remains the same. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Walter Malone, Planning Staff, review the Land Use Plan in the area of the application. There has been development in the area, commercial, office and residential. There is existing vacant land to the east and wet for commercial. Staff has concerns about lining Cantrell Road with commercial use and the impacts that may have on the arterial roadway. There are existing single-family subdivisions adjacent to the application to the west and south. The possible uses with the Commercial use change could result in undesirable uses adjacent to existing homes. No need has been shown to increase the amount of Commercial in the area. Staff does not recommend the change. Mr. Malone turned the presentation over to Monte Moore to address the re-zoning request to C-3 General Commercial. See item E.1 for a complete review of the discussion of this item. The applicant was not present. A motion was made to approve the item, after discussion with the City attorney the motion was withdrawn. After hearing from the opposition a motion was made to approve the application. By a vote of 0 for 10 against and one recusal the item failed. January 19, 2006 ITEM NO.: E.1 FILE NO.: Z-7880 Owner: Paul and Mary Debusk, William and Ruth Eldridge, Mark and Kimberly Allen, David and Sonya McFatrich Applicant: Troy D. Laha Location: 6, 12, 14 and 17 Norton Road Area: 11.7 Acres Request: Rezone from R-2 to C-3 Purpose: Future Commercial Development Existing Use: Single Family Residential (4 residences) SURROUNDING LAND USE AND ZONING North – Mixed uses and undeveloped property; zoned O-1, O-3, PCD and R-2 South – Single family residences; zoned R-2 East – Single family residences and mixed commercial uses along Cantrell Road, zoned R-2, PD-O and PCD West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 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. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 3. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. January 19, 2006 ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #25 (Highway 10 Express Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Maywood Manor and Aberdeen Court Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a zoning change from R-2 (Single Family District) to C-3 (General Commercial District) for speculative zoning. A land use plan amendment for a change to Commercial is a separate item on this agenda (LU05-19-02). Master Street Plan: Norton Road is shown as a Local Street on the Plan. The primary function of a Local Street is to provide access to adjacent properties. Cantrell Road is shown as a Principal Arterial and is built as a five-lane road adjacent to the property. 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 exists should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Additional commercial and office uses at this site could result in added congestion on this section of Cantrell Road. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown on Cantrell Road from Chenonceau Boulevard to the Chenal Parkway. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right-of-way may be required. January 19, 2006 ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880 3 City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: The Debusk, Eldridge, Allen and McFatrich families, owners of the 11.7 Acres of property located at 6, 12, 14 and 17 Norton Road, are requesting to rezone the property from “R-2” Single Family Residential to “C-3” General Commercial District. The rezoning is proposed for future commercial development of the property. There are currently four (4) single family residences located within the boundary of the 11.7 Acre property. A portion of the property at the southwest corner of Cantrell Road and Norton Road is undeveloped. There are existing single family residential neighborhoods located immediately west and south of the property. There are single family residences on large lots located to the east. A day care center and restaurant are located to the east, along the south side of Cantrell Road. There is a mixture of commercial uses and undeveloped office zoned property to the north and northeast, along the north side of Cantrell Road. The City’s Future Land Use Plan designates this property as Single Family. A proposed Land Use Plan Amendment (LU05-19-02) for a change to commercial is a separate item on this agenda (Item 8). Staff is not supportive of the requested C-3 zoning nor the Land Use Plan Amendment to Commercial. Staff believes the rezoning of this property to C-3 is inappropriate. Staff has concerns with locating C-3 zoned property over 1,000 feet back from Cantrell Road and adjacent to single family residences on three (3) sides (east, west and south). The property is currently divided into four (4) tracts. The rear three (3) tracts (12, 14 and 17 Norton Road) are located over 300 feet back from Cantrell Road, and therefore would not have to conform to the Highway 10 Design Overlay Standards, including increased buffers and building setbacks, if developed separately. There are existing major commercial nodes to the east and west of this site, at the intersection of Cantrell Road and Chenal Parkway, and in the Ranch development. There are large areas of commercial zoning within these commercial nodes which are currently undeveloped. Therefore, staff views the addition of commercial zoning to the overall area as premature. Staff believes the requested C-3 zoning would have a January 19, 2006 ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880 4 negative impact on and not be compatible with the existing single family neighborhoods to the east, west and south. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005) Staff informed the Commission that the applicant requested the application be deferred to the October 13, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (OCTOBER 13, 2005) Staff informed the Commission that the applicant requested the application be deferred to the January 19, 2006 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. With a vote of 11 ayes and 0 nays the Commission voted to waive their bylaws and accept the request for a third deferral. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was not present. There were numerous persons present in opposition. Staff presented the item with a recommendation of denial. January 19, 2006 ITEM NO.: E.1 (Cont.) FILE NO.: Z-7880 5 Alicia Finch addressed the Commission in opposition. She explained that there is no need for additional commercial zoning in the area. She described the area and the property proposed for rezoning. There was a brief discussion regarding deferring the application based on the fact the applicant was not present. It was decided to continue with the public hearing. Mary Dornhoffer also addressed the Commission in opposition. She explained that the proposed rezoning deviated from the Highway 10 Overlay Plan. Wil Rauch also spoke in opposition. He expressed opposition to the C-3 rezoning adjacent to single-family residential property. Edward Oglesby also spoke in opposition. He explained that the rezoning request represented bad planning. He stated that the proposal did not conform to the Highway 10 Overlay District. He also expressed concerns with drainage issues associated with the property. Robert Wilimzig also spoke in opposition. He expressed the same concerns as previous speakers. He noted that there was available undeveloped office and commercial zoned property in the area. Paul Wood also spoke in opposition. He requested denial of the application and expressed the same concerns as previous speakers. Kevin Heifner also spoke in opposition. He stated that the future plan for the area should be followed. Ruth Bell, League of Women's Voters, also addressed the Commission in opposition, expressing similar concerns as previous speakers. There was a motion to approve the application as filed. The motion failed by a vote of 0 ayes, 10 nays and 1 recusal (Laha). The application was denied. January 19, 2006 ITEM NO.: F FILE NO.: Z-4765-B NAME: West Highlands Zoning Site Plan Review LOCATION: East of Autumn Road on Lots 7R, 9 and 10 of West Highlands Subdivision DEVELOPER: Colliers Dickson Flake Partners, Inc. P.O. Box 3456 Little Rock, AR 72203 ENGINEER: Cromwell Architects Engineers 101 S. Spring Street Little Rock, AR 72201 AREA: 8+ acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional District, with conditions PLANNING DISTRICT: 11 – I-430 CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site was zoned O-2, Office and Institutional District on February 3, 1987, by the adoption of Ordinance No. 15,240. The rezoning placed conditions on the approval. A 50-foot open space buffer was required along the northern and eastern perimeters of the site. The zoning also placed a condition on the site that the building height was to be limited to the O-3, General Office District building height. A. PROPOSAL/REQUEST: The applicant is proposing the construction of a 60,000 square foot, three story medical office building, surgery center/clinic building. The building is to be located in the center of the site with terraced parking lots with a capacity of 250 cars arranged on both sides of the building, with on-grade access to the first and second floors. The applicant has indicated the topography of the site will be January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 2 utilized giving the appearance of a two (2) story building from the south side and a three (3) story building from the north side. Two curb cuts on Autumn Road are proposed. The specific development criteria include 5.92 acres of net buildable area with the remainder in landscape buffer and building setbacks. The site is steep, with an average slope down from south to north of thirteen (13) percent. A drainage ditch occurs along the north edge of the property, and a deep swale occurs at the northeast corner of the site. The site is nicely forested with medium sized pine and hardwood trees. The trees appear to be second growth. The trees will be saved around the perimeter of the site. Only a few trees will be saved on the interior due to grading requirements for construction of the parking lot and building pad. B. EXISTING CONDITIONS: The site is tree-covered with steep slopes. A drainage ditch occurs along the north edge of the property, and a deep swale occurs at the northeast corner of the site. The site is nicely forested with medium sized pine and hardwood trees. Autumn Road, adjacent to the site, has not been constructed to Master Street Plan standard. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Birchwood Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Autumn 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. With site development, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalks with the planned development. 3. 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). 4. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e). Show slopes, elevations, and retaining wall locations. 5. 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. The north driveway should be moved north to a distance of 250 feet from south driveway. January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 3 6. Interior traffic circulation drives should be altered to modify 4-way intersection into a 3-way intersection at north drive location. Contract Bill Henry, Traffic Engineering, at 379-1816 for further assistance. 7. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center-Point Energy: 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. A looped water main extension may be required in order to provide adequate service to this property. Some or all of the facilities on-site may be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Please submit four copies of the plans for the fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 4 County Planning: No comment. CATA: The site is located near CATA Bus Route #5 – West Markham CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: Compliance with the City’s Landscape and Buffer Ordinances is required. Areas set aside for buffers and landscape appear to meet with ordinance requirements. A controlled automatic irrigation system is required. 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. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (December 8, 2005) 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 total number of doctors to staff the facility. Staff also requested the applicant provide the location and area of any proposed signage. Public Works comments were addressed. Staff stated the development would classify Autumn Road as a commercial street. Staff stated a dedication of right- of-way 30-feet from centerline would be required. Staff also stated the indicated driveways did not meet access and circulation requirements of Section 30-43 or 31-210. Staff requested the north driveway be moved to the north a distance of 250-feet from the southern driveway. Staff also requested the interior circulation drives be altered to revise the indicated 4-way intersection into a 3-way intersection at the north drive location. Staff stated the storm water detention ordinance would apply to the proposed development of the site. Staff also stated any grading of the site would require permitting prior to any land clearing. January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 5 Landscaping comments were addressed. Staff stated compliance with the City’s landscape and buffer ordinances was required. Staff also stated the indicated areas set aside for buffers appeared to meet minimum ordinance requirements. Staff stated an automatic irrigation system would be required to water landscaped areas and landscape plans would require the seal of a registered landscape architect prior to a building permit being issued. 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 the issues raised at the December 8, 2005, Subdivision Committee meeting. The revised site plan indicates a single ground mounted sign consistent with signage allowed in office zones or a maximum of six (6) feet in height and ten (10) feet in length for a total of sixty (60) square feet in area. The site plan has been revised to address staff’s concerns related to the driveway locations and the intersection of the northern drive. A three (3)-way intersection has been provided to limit traffic conflicts within the site. A total of thirty-five (35) doctors will staff the facility. The site plan includes the placement of 250 parking spaces. The ordinance typically requires the placement of six (6) parking spaces per doctor or would typically require the placement of 210 parking spaces. Based on the typical minimum parking required for a medical facility, the indicated parking is more than adequate to serve the development. The site plan indicates a maximum building height of sixty (60) feet. The previous condition placed on the zoning allowed for a building height not to exceed building heights as allowed in O-3, General Office District. Per the Zoning Ordinance (Section 36-281(c) – Height regulations.) “No building hereafter erected or structurally altered shall exceed a height at the required front, side or rear yard setback lines of forty-five (45) feet; provided, however, that above the height permitted at said yard lines, one (1) foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines. In no instance shall the maximum building height of the building exceed sixty (60) feet.” As proposed, the building height complies with the approved zoning. As a condition of the approved zoning, a fifty (50) foot undisturbed buffer was required along the northern and eastern perimeters of the site where adjacent to January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 6 single-family homes. The site plan includes the placement of this required fifty (50) foot buffer. The site plan includes retaining approximately two (2) acres as landscape and buffer areas. Approximately 1.35 acres has been retained as the required buffer areas with the remaining .65 acres being set aside as on-site landscaping. The existing topography will be utilized to the maximum extent possible allowing for fewer cuts and fills on the site thus allowing additional landscaped areas. All parking lots indicate landscape per current ordinance requirements and the perimeters of the site indicate additional landscaping. The total site development includes building coverage of 5.7 percent. The total developed area is 75 percent and 25 percent will be retained as landscaped and buffer areas. Staff is supportive of the applicant’s request. The request is for the placement of a three story medical office building on this eight (8) acre site currently zoned O-2, Office and Institutional District. The proposed site plan indicates the placement of ingress and egress, internal circulation, pedestrian ways that are sensitive to safety, convenience and separation of vehicular and pedestrian traffic which are consistent with ordinance requirements. The site plan also includes the siting of the building and the compatibility of the proposed development with the adjacent land uses and the placement of landscaping and buffering consistent with ordinance requirements. The applicant has indicated existing trees on the site will be retained, where possible, to provide screening, open space and buffering and to allow separation between the homes located to the north and east of the site. The site plan indicates a building height consistent with ordinance requirements and building coverage less than the maximum coverage allowed per the existing zoning. To staff’s knowledge, there are no outstanding issues associated with the proposed request. The proposed site plan appears to fully comply with the development criteria as outlined in the Zoning Ordinance - Section 36-126 and the previously imposed conditions. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 5, 2006) The applicant was present representing the request. There were registered objectors present. Staff stated they had received a written request from the Birchwood Neighborhood Association requesting a deferral of the item. January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 7 Ms. Tracey Kersey, President of the Birchwood Neighborhood Association, stated the residents of the area had a number of questions related to the proposed development. She stated the residents were unsure as to their support of opposition to the request since the developers had not met with the residents. There was a general discussion concerning the deferral request. The applicant stated the site was under contract and delays would be costly. Staff stated the proposal originally included two requests which would take a Board of Directors action. Staff stated this was no longer the case and the two week deferral would not extend the time frame for approval beyond the previously indicated dates staff gave to the applicant for potential Board of Directors action. Commissioner Rector stated the request was a site plan review and the use of the property was not a concern. He stated the deferral to the January 19th meeting to allow the residents additional time to meet with the developers and address their concerns with the proposed development would not change the use of the property or the requirements of the development with regard to the zoning ordinance minimum standards. There was no further discussion of the item. The chair entertained a motion for deferral of the item to the January 19, 2006, Public Hearing. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Ms. Melanie Gibson addressed the Commission as the applicant. She stated the developers were meeting the minimum requirements of the ordinance for O-2 zoned property. She stated the developers were also committed to screening the site from the adjoining residentially zoned properties. She stated as a commitment made at the neighborhood meeting the developers would install additional evergreen trees along the eastern perimeter to further screen the adjoining properties. Ms. Tracey Kersey, President, Birchwood Neighborhood Association, addressed the Commission with concerns. She stated the neighborhood was requesting a few additional items to protect the neighborhood. She stated the neighborhood was requesting the placement of a wood fence along the northern edge of the parking area. She stated if the screen was placed adjacent to the northern property line the residents would not be protected. She stated site was somewhat higher than the adjoining homes. She stated with the elevation change if the screen was not placed adjacent to the parking area no protection would be gained. January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 8 Ms. Kersey also requested the applicant provide dense evergreen plantings along the eastern perimeter of the site. She requested the developers plant the evergreen trees along the eastern perimeter soon after the sale was finalized to allow the trees additional growing time. Ms. Kersey requested the developers be required to install an oil and grease trap on their storm water detention. She stated there were many residents who gardened in the area and consumed the vegetables harvested. She stated with the large amount of asphalt there were health concerns from the run-off and contaminants to the soil. She stated the neighborhood had a number of other concerns but she was working with individual departments and agencies to address some of these concerns. Mr. Sky Brower addressed the Commission with concerns. He stated he had lived in the area for three years and was satisfied with the neighborhood. He stated even though the area was surrounded by commercial activities the neighborhood was a quiet peaceful area. He stated the buffer provided was not a dense buffer. He stated when he bought his home he was told the area would not be developed but now understood this was not true. He stated his desire was for the property to become a park but was aware this would not take place. He stated a medical office building was not the worst development that could occur on the site. He stated privacy was a concern and cut-through traffic. He stated the environmental concerns were also on the minds of the residents. He stated he wanted the Commission to make an effort to take care and protect the residents of the area. Mr. Floyd Boyd addressed the Commission with concerns. He stated he had lived in the area 35 plus years and he felt the site plan was acceptable. He stated traffic and drainage were always concerns of the residents. He stated as development occurred in the area flooding had occurred. He stated the City had purchased two homes as a result of flooding within the neighborhood. He stated there were only two hours per day the residents of the neighborhood could get out safely because of the volume of traffic in the area. There was a general discussion concerning the installation of the oil and grease filter and the cost of the filter. Staff stated the site would discharge on the northern property line and the City regulated storm water run-off. Staff sated the city did require separators on wastewater collection but not on storm water. Staff stated the City’s water quality was monitored and no past reports had indicated there was a concern with run-off related to oil and grease. Staff stated there were permits that would be required prior to development. Staff stated the entire development would be monitored to ensure compliance with state and federal requirements for both development and discharge. Mr. George Tomes addressed the Commission as a representative of the applicant. He stated he had researched the cost of separators and the cost was significant. He January 19, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4765-B 9 stated the cost ranged from $10,000 to $15,000 per inlet. He stated there were other options that could be pursued. He stated the request was not an ordinance requirement. The Commission discussed the ordinance requirements verses environmental benefits. The Commission indicated to the applicant they were aware the request was not an ordinance requirement but questioned the developers if they would be willing to review options concerning the placement of an oil and grease separator. The applicant stated they were willing to look at the possibility of placing the oil and grease filter at the end of the storm water detention prior to release. Mr. Gene Levy addressed the Commission as a representative of the applicant. He stated the developers were providing a buffer as required by the previous approval. He stated the development would be screened per ordinance requirements. He stated the evergreen trees would be placed in areas to screen the parking lot and building. There was a general discussion concerning the proposed species and the placement of the evergreen plantings. Staff stated the species provided would be a type, which did provide the year around protection of the neighborhood as required by the ordinance. There was once again a discussion concerning the oil and grease separator. Commissioner Adcock stated she was very interested in the topic and felt the City should do more to protect the waterways. She requested staff work with Ms. Kersey and stated she wanted to be involved in the process of defining additional requirements for future developments. There was also a general discussion concerning the drainage of the area and the routine maintenance of the ditch, which bisected this site. Staff stated the ditch was periodically cleaned but there was not a set schedule. Staff stated if the property owners would contact the City a work order would be created to clear the ditch. Staff suggested the applicant work with Audubon for the placement of the oil and grease filter. Ms. Gibson stated the developers were willing to contact Audubon and receive their suggestions. She stated the developers would treat Audubon as any other consultant but would not allow them to drive or dictate the development. A motion was made to approve the request amended. The amendments included the placement of evergreen plantings along the eastern perimeter and along the northern perimeter, to receive comment from Audubon concerning potential environmental friendly development options for the site and review the placement of a filtration system on the site related to storm water run-off. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. January 19, 2006 ITEM NO.: 1 FILE NO.: LU06-08-01 Name: Land Use Plan Amendment - Central City Planning District Location: Between 9th Street and Daisy Bates Drive, between Schiller and Wolf Streets Request: Single Family and Low Density Residential to Public Institutional Source: Brian Tinnel, McClelland Engineers PROPOSAL / REQUEST: Land Use Plan amendment in the Central City Planning District from Single Family and Low Density Residential to Public Institutional. Public Institutional represents services of a public or quasi-public nature that provides services to the community such as schools, libraries, churches and hospitals. A rezoning request has been filed to reclassify land to ‘O-2’ Office and Institution Use by Children’s Hospital as part of their campus planning effort. Staff is not expanding the application, since the Land Use Plan in this area was reviewed less than six months ago. EXISTING LAND USE AND ZONING: There are separate two areas involved. One is northwest of Summit and 10th Street, it is occupied with single-family homes with a zoning of ‘R-3’ Single Family and is one-acre ± in size. The second is zoned a mix of ‘R-4’ Two-family Residential and ‘R-5’ Urban Residential but is vacant land just under one acre in size. Most of the land to the east is zoned ‘O-2’ Office and Institutional. It is Children’s Hospital and related offices and research facilities. North of the application areas is the State Capitol and office complex. This area is either not zoned or is within the Capital Zoning District not within Little Rock’s zoning authority. To the east is a mix of ‘R-3’ and ‘R-4’ zoned land with some homes, a few duplexes and vacant lots. This is a small area no more that 3 blocks square. There is an area of Industrial zoning (‘I-2’ Light Industrial) along the railroad tracks to its east with some industrial uses--warehouse. To the south is a single- family neighborhood with a mix of ‘R-3’ and ‘R-4’ zoning. January 19, 2006 ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On January 4, 2000, a change was made from Single Family to Mixed Use at 2311 Spring to the southeast of the application area to accommodate a proposed development. On March 19, 2002, several changes from Public Institutional, Mixed Office Commercial, Mixed Use and Single Family to Public Institutional and Mixed Office Commercial and Public Institutional to Multifamily were made in the area between Daisy Gatson Bates Drive – I-630 and Schiller to Bishop. This was done to better reflect the Children’s Hospital campus plan and surrounding uses. October 4, 2005, several changes were made from Single Family, Mixed Use, Mixed Office Commercial and Industrial to Single Family, Low Density Residential, Mixed Use Public Institutional, Commercial and Light Industrial. These changes were made to more accurately reflect the existing and probable future development pattern of the area. The northwest amendment area is shown for Single Family. The southeast amendment area is shown for Low Density Residential. The Plan shows these two areas to be adjacent to a large area of Public Institutional and Mixed Office Commercial Use, which covers the area to Martin Luther King Drive. This is for the Children’s Hospital and related office and research facilities. To the south is a large Single Family area with a smaller Single Family area to the west. Across Interstate 630 is a large Public Institutional area for the State complex. MASTER STREET PLAN: 12th Street is shown as a Minor Arterial on the plan. Minor Arterials primary function is to move traffic and goods in and through the urban area, not to provide access to adjacent property. The other sides in the application areas are local streets, which are designed to provide access to adjacent property. Additional right-of-way or street widening may be required due to intensification of the property use from the single family they were original built to handle. BICYCLE PLAN: There are no designated bicycle routes adjacent to the Plan change area, however there are Class II bike routes along Martin Luther King Drive and Daisy Gatson Bates Drive in the vicinity. Class II Bike routes have a portion of the paved roadway dedicated for the sole use of bicycles. No additional paving or right-of-way is proposed for the routes. January 19, 2006 ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01 3 PARKS: The Little Rock Parks and Recreation Master Plan shows this area to be within 8-blocks of a park or open space. Centennial Park is to the southeast of the application area. Ninth Street Park is to the east and Fletcher Park is to the west. All three of these parks are classified as Mini-parks (under 5 acres) 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 property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The application under consideration is two half-city blocks four blocks apart. The northwest application area is totally surrounded by land shown for Public Institutional use as part of Children’s Hospital future campus. Currently much of this land has been cleared by the hospital and turned into parking lots. During the 2002 Land Use review Staff proposed this property for Public Institutional. At the public hearing the property owner asked that the half block along Summit from Maryland to 10th Street not be changed. The Commission amended the package to not change the land use designation for the property. The property all around this application area was at that time and is currently owned by Children’s Hospital and shown on their long-range plan for medical related uses. The hospital has purchased the property between Schiller and Martin Luther King Drive, from Interstate 630 to 12th Street for future development. This land, with a couple exceptions, is now in the hands of Children’s Hospital. The hospital’s 2004-campus plan shows medical offices, research and related uses for this property. Children’s Hospital has now acquired this half block and is asking to rezone the land to O-2 Office Institutional. The most recent change in the immediate area is the construction of a new office building across Maryland Avenue from the site. This building is intended as a ‘medical arts’ building for Children’s Hospital. January 19, 2006 ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01 4 The second application area is the half city block along Wolfe Street from 13th Street to Daisy Bates Drive. This is across from the old ‘Westside Junior High School’ that has been redeveloped as apartments. This redevelopment was done in part with the help of Children’s Hospital, which has developed the original cafeteria/auditorium into a meeting space for the hospital. Diagonally across the intersection from the site is the site of the ‘old Baptist Hospital’, which Children’s Hospital purchased and removed. The new structure at this location is part of the research complex for Children’s Hospital. The Campus plan for the Hospital calls for the general area to be research facilities related to the hospital. The tracts west and northwest of the old Westside School are proposed to be for small business ventures related to the on-going research at the hospital. There has been some improvement to the homes and apartments to the south of this property. And the former grocery store at 12th Street between Battery and Summit to the northwest has been converted to ‘Our Kids First’. The redevelopment of the former school and investments in residential properties to the south indicate interest in the vicinity. This half block is currently vacant and owned by Children’s Hospital. There is a request to reclassify the property from ‘R-4’, Two-family Residential and ‘R-5’, Urban Residential to ‘O-2’ Office Institutional. The 2004 campus plan for Children’s Hospital shows the land north of 13th Street as part of a large research complex related to the hospital. The surrounding properties to the west and northwest are indented as kind of an incubator for small businesses related to the research conducted at the hospital. With Daisy Gatson Bates Drive a primary entryway for the Central High Historic Site; redevelopment of this property is significant to the City, State and Nation. Across Daisy Gatson Bates Drive is residential, primarily single-family and duplex. The massing of any new structures is significant, since the structures to the south are generally smaller scale and massing. So both the design and massing of any new structure only four blocks from Central High are of great interest to the City. This is also an edge for Children’s Hospital Campus. It would be desirable from the standpoint of the City and neighborhood if those structures along the southern edge were designed to be ‘friendly’ to the neighborhood. And possible include uses, which will make them a part of the neighborhood rather than a wall against the neighborhood. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Capital Hill and Central High Neighborhood Associations. Staff has received two comments from area residents both were informational. January 19, 2006 ITEM NO.: 1 (Cont.) FILE NO.: LU06-08-01 5 STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Walter Malone, Planning Staff reviewed the two areas of land use change and noted there are more areas of rezoning. The northwest area had been proposed before for a change to Public Institutional (in 2002), but the then owner requested the area remain Single Family. The hospital now owns the property. Their plan calls for the area to be office support uses for the hospital. The surrounding area is all owned by the Hospital and is currently used for parking. The southeast area is next to the old West Side Junior High, which is currently residential with some office use (related to Children’s). The hospital plan calls for this area to be ‘transition’. The general area is for uses related to research done at the hospital. Across Daisy Bates are single-family and duplexes. This area is seeing some reinvestment. Daisy Bates is also the entrance to Central High. The type of use and massing is important. The City would like to see the hospital find uses for this property, which will be advantageous to both the hospital, and neighborhood, both can use. Staff does support both changes. Mr. Malone turned the presentation over to Monte Moore to address the re-zoning to O-2 Office and Institutional District. See item 1.1 for a complete review of the discussion of this item. There was significant discussion about notice, and where it was proper. A motion was made to defer the item. By a vote of 2 for 9 against the motion failed. Further discussion followed. A second motion to approve the Land Use Plan change was made. By a vote of 11 for 0 against the request was approved. January 19, 2006 ITEM NO.: 1.1 FILE NO.: Z-4336-U Owner: Arkansas Children’s Hospital Applicant: McClelland Consulting Engineers, Brian Tinnel Location: Various lots located within an area bounded by Maryland Avenue, Daisy Bates Drive, Schiller Street and Martin Luther King Drive. Area: Approximately 8 acres total Request: Rezone from Various districts to O-2 Purpose: Future Arkansas Children’s Hospital development including parking Existing Use: Vacant and undeveloped property and single family A. PUBLIC WORKS COMMENTS: 1. 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). B. PUBLIC TRANSPORTATION ELEMENT: CATA Bus Route #3 (Baptist Medical Center Route) runs along Battery and West 12th Streets, within the west one-half of the Children’s Hospital Campus. CATA Bus Route #11 (M. L. King Jr. Route) runs on Martin Luther King Drive, along the east boundary of the hospital facility. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Central High, Downtown and Capitol Hill Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Central City Planning District. The Land Use Plan shows Single Family, Low Density Residential, Mixed Office January 19, 2006 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U 2 Commercial and Public Institutional for these properties. The applicant has applied for an O-2 Office and Institutional for future developments related to Children’s Hospital. A land use plan amendment for a change to Public Institutional is a separate item on this agenda for those areas not shown as either Public Institutional or Mixed Office Commercial. Master Street Plan: 12th Street is shown as a Minor Arterial on the plan. Minor Arterials primary function is to move traffic and goods in and through the urban area, not to provide access to adjacent property. The other sides in the application areas are local streets, which are designed to provide access to adjacent property. Additional right-of-way or street widening may be required due to intensification of the property use from the single family they were original built to handle. Bicycle Plan: There are no designated bicycle routes adjacent to the Plan change area, however there are Class II bike routes along Martin Luther King Drive and Daisy Gatson Bates Drive in the vicinity. Class II Bike routes have a portion of the paved roadway dedicated for the sole use of bicycles. No additional paving or right-of-way is proposed for the routes. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Arkansas Children’s Hospital, owner of these seven (7) parcels of land located within an area bounded by Maryland Avenue, Daisy Bates Drive, Schiller Street and Martin Luther King Drive, is requesting to rezone the parcels from various districts to “O-2” Office and Institutional District. The rezoning is proposed for future development of facilities, including parking, for Arkansas Children’s Hospital. The seven (7) parcels proposed for rezoning are as follows: 1. Southeast corner of West 13th and Bishop Streets – currently zoned R-4 and O-3. January 19, 2006 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U 3 2. Northwest corner of Daisy Bates Drive and Bishop Street – currently zoned O-3, C-1 and C-3. 3. Northwest corner of Daisy Bates Drive and Wolfe Street – currently zoned R-4 and R-5. 4. Southwest corner of West 11th and Battery Streets – currently zoned R-4 and C-3. 5. Block bounded by West 11th, West 12th, Summit and Schiller Streets – currently zoned R-3, R-4, R-5 and C-3. 6. Northwest corner of West 11th and Summit Streets – currently zoned R-3 and C-3. 7. Northwest corner of West 10th and Summit Streets – currently zoned R-3. All of the parcels are currently undeveloped and vacant, with the exception of the parcel at the southwest corner of West 11th and Battery Streets which is currently being used as a temporary parking area and the parcel at the northwest corner of West 10th and Summit Streets which contains four (4) single family structures. The general area is made up of a variety of uses and zoning. The majority of the property within the area bounded by Maryland Avenue, Daisy Bates Drive, Schiller Street and Martin Luther King Drive is occupied by Arkansas Children’s Hospital facilities and zoned O-2. There are single family, two-family, multifamily and other non-residential uses and zoning in the area. The City’s Future Land Use Plan designates all of the parcels as Public Institutional, Mixed and Mixed Office Commercial, with the exception of two (2) parcels. The parcel at the northwest corner of West 10th and Summit Streets is designated as single family and the parcel at the northwest corner of Daisy Bates Drive and Wolfe Street is designated as Low Density Residential. A Land Use Plan Amendment to change these two (2) parcels to Public Institutional is a separate item on this agenda. Staff is supportive of the requested rezoning. All of the parcels proposed for rezoning are located within the boundary of Arkansas Children’s Hospital’s overall master plan. Staff feels the proposed rezoning of these parcels to O-2 for future Children’s Hospital facilities is appropriate and should have no adverse impact on the surrounding properties and the general area. The O-2 zoning district is a site plan review district, with the requirement that development plans be reviewed and approved by the January 19, 2006 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U 4 Planning Commission. Any issues associated with the individual parcels, such as landscaping, buffers, building height, drainage, etc., can be addressed during the site plan review process. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 rezoning. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Scott Gordon, Brian Tinnel, Kent Taylor and Jim McClelland were present, representing the application. There were two (2) persons present in opposition. Staff presented the application with a recommendation of approval. Brian Tinnel addressed the Commission in support of the application. He explained that the application had been revised, removing two (2) parcels from the request (northwest and southwest corners of West 11th and Summit Streets), based on the fact that notices were not sent to property owners surrounding these two (2) parcels. He explained that signs were placed on all parcels 30 days prior to the public hearing, and that someone had taken the signs down after posting. Scott Gordon, of Arkansas Children’s Hospital, also addressed the Commission in support of the application. He explained that the hospital has been conforming to its overall master plan, which was presented to the Commission in the past. He noted that the hospital was committed to the City and to having the Planning Commission review all plans for expansion. He also noted that the hospital was committed to working with the neighborhood. He explained that single-family houses are offered to organizations and individuals free of charge to move to other locations. He stated that the hospital does not desire to tear down houses if not necessary. Paul Dodds addressed the Commission in opposition. He presented photos of property used by Children’s Hospital and described issues he has with the hospital campus. He discussed the hospital’s master plan and the treatment of the perimeter of the plan boundary. He asked the Commission to defer the application based on the fact that the notices to surrounding property owners contained legal descriptions of the parcels and not street addresses, and because the signs did not stay up on the parcels for the full 30-day time frame. There was a motion to defer the application to the March 2, 2006 Agenda. The motion was discussed. Staff noted that the notices sent out on the five (5) parcels to be rezoned were done correctly. Scott Gordon explained that the January 19, 2006 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-4336-U 5 hospital’s master plan had been presented to the Commission in the past. There was additional discussion on the motion to defer and the issue of renotification. Tony Bozynski, Director of Planning and Development, asked if re-noticing only meant posting the signs. The issue was briefly discussed. The chairman called for a vote on the motion to defer. The motion failed by a vote of 2 ayes and 9 nays. Commissioner Meyer asked about landscaping in the area. Dana Carney, of the Planning Staff, explained that much of the development within the hospital’s campus was older development, which is not required to meet current ordinance requirements with respect to landscaping. He explained that all new development would meet or exceed the ordinance requirements. Mr. Gordon briefly described the existing parking areas within the campus. Commissioner Yates explained that some of the property proposed to be rezoned is currently zoned O-3 and C-3. He stated that these zonings do not require site plan review. Commissioner Rahman noted that signs should be placed on all parcels to be rezoned in the future, with an effort to keep the signs posted for 30 days. Mr. Carney noted that staff will make every effort to see that it is done. There was a motion to approve the O-2 rezoning as amended by the applicant (5 parcels) and recommended by staff. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. January 19, 2006 ITEM NO.: 2 FILE NO.: LU06-18-01 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: Either side of Lawson Road, north of David O Dodd Road Request: Office to Commercial Source: Randy Gattis PROPOSAL / REQUEST: Land Use Plan amendment in the Ellis Mountain Planning District from Office to Commercial. Commercial represents services for a broad range of retail and wholesale sales of products, personal and professional services and general business activities. A request has been filed to rezone a ‘R-2’ Single Family tract to ‘C-3’ General Commercial. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area either side of Lawson Road north of David O Dodd Road. With this change, all the land either side of Lawson Road from Lawson Cut-off to Colonel Glenn Road would be commercial use. It is thought that the additional area would make the boundaries more logical. EXISTING LAND USE AND ZONING: The property is a large lot occupied with a home currently zoned ‘R-2’ Single Family. The expanded area is zoned ‘R-2’ and ‘O-3’ General Office. Most of the land is vacant though there are a couple of homes within the application area. The area is 6.75 acres ± in size. To the northeast is a large area zoned ‘C-2’ Shopping Center and is vacant. To the southeast is large area zoned ‘C-3’ General Commercial which is partially developed with a movie theater and several small office and commercial uses and ‘C-4’ Open Display which is developed with several automobile dealerships. To the northwest is land primarily zoned ‘R-2’ with some ‘AF’ Agriculture and Forestry. This land is rural in nature, some is partial developed and all is beyond the City limits. To the southwest is land zoned ‘R-2’, this land is mostly vacant. The area is beyond the City limits, with some annexed a couple of years ago, but yet to develop. January 19, 2006 ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: July 20, 2004, a change was made from Mixed Use to Mixed Office Commercial along the north side of 36th Street between Bowman Road and I-430 – about half a mile to the north. This change was made as a result of a rezoning request for office zoning. April 6, 2004, a change was made from Single Family to Suburban Office at the southeast corner of Kanis and Pride Valley Roads – over two miles to the north northwest of the site. This change was for the redevelopment of a structure for an office use. February 4, 2003, a change was made from Multifamily to Mixed Office Commercial south of Brodie Creek west of I-430 – about half a mile to the north. This change was made to incorporate all the land south of Brodie Creek into one large proposal for a shopping center development. January 7, 2003, a change was made from Office to Commercial at Colonel Glenn and Lawson Roads – just east. This change was made for the redevelopment and expansion of a non-residential site. August 20, 2002, a change was made from Low Density Residential to Multifamily at Cooper Orbit and Capital Lakes Blvd – over two miles to the northwest of the site. This change was made to accommodate a planned development for apartments. July 3, 2001, a change was made from Low Density Residential, Mixed Office Commercial, and Neighborhood Commercial to Single Family – over a mile to northwest. This change was made to replace the proposed ‘Brodie Creek New Towne’ development with the ‘Woodlands Edge’ residential subdivision. The Land Use Plan shows the application area as part of an Office area between the Commercial node at I-430 and Colonel Glenn Road and the Single Family further to the west and south. There is a large amount of Mixed Office Commercial, Commercial and Community shopping at the interchange of I-430 and Colonel Glenn Road. This continues west to the Bowman-David O Dodd intersection with Colonel Glenn Road. The Office use area surrounds the commercial on the west and south. Then Single Family use follows. MASTER STREET PLAN: This portion of Lawson is a Local Street. A local street is to provide access to adjacent properties. Lawson Road just to the south is a Minor Arterial (from January 19, 2006 ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01 3 David O Dodd). David O Dodd and Colonel Glenn Roads are also arterials. Arterials primary function is to move vehicles and goods through and around the urban area not to provide access to adjacent properties. Since Lawson Road was built as a county road, street improvements may be required at the time of development. BICYCLE PLAN: The Bike Plan section of the Master Street Plan shows a Class I Bike route along David O Dodd Road and another along Colonel Glenn Road. Class I Bike routes are a separate paved surface for bicycles. These routes may be within the right- of-way of an Arterial road or along a stream. PARKS: The Little Rock Parks and Recreation Master Plan shows this area to currently be a deficiency area. That is, currently there is not a park or open space within 8-blocks. Counting proposed but not currently owned recreational areas, this area would have a park or open space within 8-blocks of the site. The “Take it to the Extreme” trail would be just to the southwest and west of the site. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The application is in an area, which has recently seen an increase of interest in non-residential development. The Colonel Glenn Road – I-430 interchange area has experienced commercial and a small amount of office development in the last couple of years. Three of the four corners have large amounts of commercial zoning in place. Most of the ‘C-4’ Open Display Commercial zoned land has been developed, primarily with auto dealerships. However most of the ‘C-3’ General Commercial and ‘C-2’ Shopping Center zoning remains undeveloped. On the west side of the interstate a multi-screen theater, a bank, a convenience store with pumps and a Trane retail center have been built. Several office warehouse uses have been built on the north side of Colonel Glenn Road on both sides of the freeway. January 19, 2006 ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01 4 Three new single-family subdivisions have been started to the south-southeast of the area. The closest subdivision is immediately south of JA Fair High School at David O Dodd and Lawson Cut-off Road. To the west of the application area, development is of a rural to extra-urban nature. The city limits line is the western boundary of the application area. Lawson Road, which bi-sects this amendment area, is a rural two-lane road. With the City’s construction of David O Dodd Road to the Bowman – Colonel Glenn intersection, this segment of Lawson Road is to serve as local access. Historically Lawson Road, including this segment, had been an important east- west arterial route connecting a large area of western Pulaski County to the City and the freeway system at Colonel Glenn Road. This is a section of Little Rock, which has only recently begun to experience development pressures. Large areas have been zoned to commercial and office at the intersection of Colonel Glenn Road with Interstate 430. Most of the area has been zoned to some form of commercial. The first developments in the area were office warehouse developments. The Rave Theater was the first major retail use in the area since Sam’s left. That structure is now the site of Clear Channel Communication (several radio stations). Since the theater was built several auto dealerships have been developed along the southern frontage of Colonel Glenn Road. Much of the commercially zoned land either side of Interstate 430 is yet to develop. Almost all of the commercially shown land on the Plan has been zoned. There is not much office shown in the interchange area. The office areas are generally located to transition from the intense commercial developments at the interchange to the single-family developed or proposed beyond. In the past Staff has expressed concern about extending the commercial use areas to JA Fair High School. Staff recently opposed a commercial change, which overlaps with a portion of this amendment area. The traffic pattern and possible uses, which could locate in a commercial designated area, are not always positive and compatible uses for a high school. There are very limit amounts of Office Use shown on the Plan. Much of the area shown for Office is yet to be zoned on the west side of the Interstate. No need for additional commercial land has been shown. There are acres of vacant zoned commercial land at the interchange to the northwest of the application area. January 19, 2006 ITEM NO.: 2 (Cont.) FILE NO.: LU06-18-01 5 NEIGHBORHOOD COMMENTS: Notices were sent to the John Barrow Neighborhood Associations. Staff has received one comment from area residents, which was informational. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. With the limited amount of office proposed, the proximity of a high school and the abundance of yet to be development commercial land, a change to commercial would not be warranted or desirable. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The item was placed on consent agenda for withdrawal. The applicant revised the zoning request to O-3 General Commission, making the Land Use Plan not necessary. By a vote of 10 for, 0 against and one absent, the consent agenda was approved. January 19, 2006 ITEM NO.: 2.1 FILE NO.: Z-7978 Owner: LWW Properties, LLC Applicant: Randy Gattis Location: 12624 Lawson Road Area: 1.73 Acres Request: Rezone from R-2 to C-3 Purpose: Future commercial development Existing Use: Single family residential SURROUNDING LAND USE AND ZONING North – Single family residences on large lots and Kinco Construction Company; zoned R-2 and PD-C South – Single family residences and undeveloped property (across Lawson Road); zoned R-2 and O-2 East – Single family residential structures and undeveloped property (across Lawson Road); zoned R-2 and O-3 West – Single family residences on large lots and nonconforming commercial uses; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Lawson Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Due to the location of this property in relationship to the intersection of Lawson Road and Church Road, show proposed location of future driveway. 3. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to this street including 5-foot sidewalk with planned development. 4. Due to location of property and the curvature of Lawson Road, site distance of traffic on Lawson Road could be a concern of the City of January 19, 2006 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7978 2 Little Rock at this location and additional conditions could be placed on the development at the time of development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a C-3 General Commercial for future redevelopment for commercial proposes. A land use plan amendment for a change to Commercial is a separate item on this agenda. Master Street Plan: This portion of Lawson is a Local Street. A local street is to provide access to adjacent properties. Lawson Road just to the south is a Minor Arterial (from David O Dodd). David O Dodd and Colonel Glenn Roads are also arterials. Arterials primary function is to move vehicles and goods through and around the urban area not to provide access to adjacent properties. Since Lawson Road was built as a county road, street improvements may be required at the time of development. Bicycle Plan: The Bike Plan section of the Master Street Plan shows a Class I Bike route along David O Dodd and another along Colonel Glenn Road. Class I Bike routes are a separate paved surface for bicycles. These routes may be within the right-of-way of an Arterial road or along a stream. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. January 19, 2006 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7978 3 E. STAFF ANALYSIS: LWW Properties, LLC., owner of the 1.73 acre property located at 12624 Lawson Road, is requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District. The rezoning is proposed for future commercial development. The property contains a single-wide manufactured home within the front (east) half of the property, with a small accessory storage building. The rear portion of the property is undeveloped. The property is relatively flat. When staff inspected the property, there were two (2) camper trailers and yard sale items in the front yard. The area contains a mixture of uses and zoning. There are single family residences on large lots and the Kinco Construction Company development (PD-C) located to the north along Lawson Road. Undeveloped O-2 zoned property and additional single family residences are located across Lawson Road to the south. Single family residential structures and undeveloped O-3 zoned property are located across Lawson Road to the east. Single family residences and nonconforming commercial uses (zoned R-2) are located to the west along the north side of Lawson Road. The City’s Future Land Use Plan designates this property as Office. A Land Use Plan Amendment for a change to Commercial has been filed and is a separate item on this agenda (Item 2). Staff is not supportive of the requested rezoning to C-3. The property is located within an area designated as Office by the City’s Future Land Use Plan, which serves as a buffer and area of transition from the more intense commercial uses located along Colonel Glenn Road to the north, and east of David O Dodd Road/J.A. Fair High School, to the single family uses to the west and south. Staff feels that introducing commercial zoning within this area would be detrimental to the concept of this area serving as transition. Staff also did not support a previous rezoning of the property to the east across Lawson Road to C-3. That application was amended to O-3 and subsequently approved. Staff could also support O-3 for this property, if the applicant were willing to amend the application. Staff feels rezoning this property to C-3 is inappropriate and could have an adverse impact on the single family properties to the west and south. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. January 19, 2006 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7978 4 PLANNING COMMISSION ACTION: (JANUARY 19, 2006) Staff informed the Commission that the applicant had revised the application to a rezoning to O-3 rather than C-3. Staff recommended approval of the O-3 rezoning request. The item was placed on the Consent Agenda and approved as revised by the applicant and recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. January 19, 2006 ITEM NO.: 3 FILE NO.: Z-7979 Owner: Davis Trust, Paul C. Davis and Clark G. Davis Applicant: Celeste O’Neal Location: East side of David O Dodd Road, immediately north of J.A. Fair High School Area: 1.37 Acres Request: Rezone from R-2 to O-3 Purpose: Future office development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property and single family residential structures (across David O Dodd Road); zoned O-3 and R-2 South – J.A. Fair High School; zoned R-2 East – Undeveloped property; zoned O-3 and C-3 West – Undeveloped property and single family residences on large lots (across David O Dodd Road); zoned O-2 and R-2 A. PUBLIC WORKS COMMENTS: 1. David O Dodd Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to this street including 5-foot sidewalk with planned development. 3. With site development, storm water detention ordinance will apply to this property. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. January 19, 2006 ITEM NO.: 3 (Cont.) FILE NO.: Z-7979 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in two planning districts: Ellis Mountain on the west side of Lawson, and 65th Street West on the east side. The Land Use Plan shows Office for this property. The applicant has applied for a zoning change from R-2 to O-2 for office development. The request does not require a change to the Land Use Plan. Master Street Plan: David O Dodd is shown as a Local Street on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. David O Dodd Road may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class I bike route is located along David O Dodd. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of- way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Davis Trust, owner of the 1.37 Acre property along the east side of David O Dodd Road, immediately north of J. A. Fair High School, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed for future office development of the property. January 19, 2006 ITEM NO.: 3 (Cont.) FILE NO.: Z-7979 3 The property is currently undeveloped and partially wooded. The O-3 zoned property immediately to the east and across David O Dodd Road to the north is also undeveloped. There is additional undeveloped O-2 zoned property across David O Dodd Road to the west. There are single family residential structures on large lots further north and west along Lawson Road. The J.A. Fair High School campus is located immediately to the south. The City’s Future Land Use Plan designates this property as Office. The requested O-3 rezoning does not require a change to the Land Use Plan. Staff is supportive of the requested rezoning. The property immediately east and north (across David O Dodd Road) within the area designated as office by the Future Land Use Plan was previously zoned O-3. Staff feels the requested rezoning to O-3 for future office development is appropriate, and should have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. January 19, 2006 ITEM NO.: 4 FILE NO.: Z-7981 Owner: MS Associates, Inc. Applicant: Sanjeev Taneja Location: North side of Stagecoach Road, west of Flintridge Road Area: 3.74 Acres Request: Rezone from R-2 to C-3 Purpose: Future hotel and commercial development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Church facilities and cell tower; zoned R-2 South – Undeveloped property, mini-warehouse development and single family residences on large lots; zoned R-2, PCD and C-3 East – Undeveloped property (Highway Department right-of-way); zoned R-2 West – Salvage yard and mixed commercial uses; zoned C-3 and R-2 A. PUBLIC WORKS COMMENTS: 1. Stagecoach Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to this street including 5-foot sidewalk with planned development. 3. Per city code for this length of frontage on a principal arterial, only 1 curb cut for a driveway is permitted. 4. A Special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. January 19, 2006 ITEM NO.: 4 (Cont.) FILE NO.: Z-7981 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Crystal Valley, Otter Creek and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Crystal Valley Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from R-2 to C-3 for a hotel and commercial development. The request does not require a change to the Land Use Plan. Master Street Plan: Stagecoach Road is shown as a Principal Arterial on the Master Street Plan and Flintridge is shown as a Local Street. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Local Streets which area abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: There is a Class 2 bike route along Stagecoach Road. Portions of Stagecoach Road to the southwest have a bike route as part of the current improvements. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Otter Creek Crystal Valley Neighborhood Action Plan. The Office and Commercial Development Goal listed an objective of “Aggressively using Planned January 19, 2006 ITEM NO.: 4 (Cont.) FILE NO.: Z-7981 3 Zoning Districts to influence more neighborhood-friendly and better quality developments.” The Natural Environment Goal listed an objective of “Encouraging and supporting the conservation of significant landscapes, views, and vistas (visual)”. The development of site can be done in such a way as to advance these Goals called for in the Neighborhood Plan. E. STAFF ANALYSIS: MS Associates, Inc., owner of the 3.74 acre property located on the north side of Stagecoach Road west of Flintridge Road, is requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District. The rezoning is proposed for future development of a hotel and retail center. The property is currently undeveloped and wooded. The property slopes upward from Stagecoach Road to a hill near the center of the property. The property slopes back down to the church property to the north. The property is located in an area of mixed uses and zoning. A church development is located immediately to the north and along a portion of the east boundary. Highway Department right-of-way (I-430) is also located to the east. There is a salvage yard and mixed commercial uses to the west, along the north side of Stagecoach Road. A mini-warehouse development and single family residential structures on large lots are located south across Stagecoach Road. The City’s Future Land Use Plan designates this property as commercial. The requested C-3 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested rezoning. The property falls within an area designated as commercial by the City’s Future Land Use Plan, extending from I-430 west to beyond Crystal Valley Road. Several of the properties to the west have previously been zoned to C-3 and C-4. Staff feels the requested rezoning to C-3 for future development of a hotel and commercial use is appropriate, and should have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. January 19, 2006 ITEM NO.: 4 (Cont.) FILE NO.: Z-7981 4 PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. January 19, 2006 ITEM NO.: 5 FILE NO.: Z-4281-A NAME: New Light Baptist Church – Conditional Use Permit LOCATION: 3110 Battery Street OWNER/APPLICANT: New Light Baptist Church/W oods-Caradine Architects PROPOSAL: A conditional use permit is requested to allow for expansion of this existing church. The property is zoned R-3, Single Family. 1. SITE LOCATION: The property is located on the west side of Battery Street, at 32nd Street. One of the proposed parking lots is located behind the church, fronting onto Summit Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a principally single family residential neighborhood. The church has been at this site for many years. With attention to proper landscaping and screening, the proposed expansion should not affect the church’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Southend Developers and Southend Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The church currently has a 19 space parking lot located north of the existing building. The existing sanctuary seats 200 persons. The proposed new sanctuary will seat 400. Parking must be provided for the increased seating capacity. 200 seats require 50 parking spaces; 1 space for every 4 seats. The church is proposing to construct two new parking lots; a 20 space lot to be south of the new building and an 11 space lot to be west of the new building. The parking lots will be designed for one-way access, using angled parking. Staff is supportive of a parking variance. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. January 19, 2006 ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A 2 Re-design of the proposed parking lots is recommended. With the use of 60 degree, angled, directional parking with egress/ingress by use of the existing alley most, if not all, of the following issues can become moot. Proposed site plan does not allow for the City’s minimal landscaping and buffer requirements along the southern, western, and eastern property lines. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. An automatic irrigation system to water landscaped areas will be required. Battery Street Parking Lot: The proposed parking lot along Battery Street does not allow for the City’s minimal landscaping and buffer ordinance requirements. Along the southern property line, a minimum of nine (9) foot wide landscape buffer is required next to the residentially zoned property. In addition, a nine (9) foot wide landscape strip is required in this same area. This is a requirement of the landscape ordinance. This can be reduced to five (5) feet since this is redevelopment in the mature area. Approval is required from the City Beautiful Commission for a variance from this minimal requirement. In addition to this minimal landscape area, screening is required to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings. The area between Battery Street and the proposed parking lot must be increased to a minimum of 9 foot wide to meet the City’s minimum buffer ordinance requirements. The landscape ordinance will also require this area to be a minimum of six foot nine inches. Approval is required from the City Beautiful Commission for a variance from this minimal requirement. The landscape ordinance requires a three foot (3’) wide minimum landscape strip between the parking lot(s) and the building, or in the general area. Summit Street Parking Lot: The proposed parking lot along Summit Street does not allow for the City’s minimal landscaping and buffer ordinance requirements. January 19, 2006 ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A 3 Along both the western, northern and southern property lines a minimum of nine (9) foot wide landscape buffer is required. The landscape ordinance will also require this area to be a minimum of nine (9) foot. This can be reduced to five (5) feet since this is redevelopment in the mature area. Approval is required from the City Beautiful Commission for a variance from this minimal requirement. In addition to this minimal landscape area, screening is required to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings along the northern and southern property lines of this parking lot area along Summit Street. The landscape ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. Proposed plan does not currently reflect this minimum; however, if the striped areas on plan were to be changed to reflect the area as interior landscape beds then this minimum requirement would be met. 5. PUBLIC WORKS COMMENTS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan on Battery and Summit Streets. 2. Petition should be filed to abandon West 32nd Street right-of-way. 3. With the alley being used for access, alley should be widened to provide 18 feet of pavement. 4. An existing 12 inch concrete storm water pipe runs under the proposed building from Battery Street to Summit Street. The proposed building cannot be constructed over existing piping system. The applicant has proposed rerouting the pipe around the proposed building. The pipe should be enlarged from 12 inches to 15 inches to reduce susceptibility to blockage. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Storm water detention will not apply to the proposed development. 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. January 19, 2006 ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A 4 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are needed. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. 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 will involve installation of a public water main and will be done at the expense of the developer. Fire Department: Install fire hydrants per code. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding building height, setbacks, signage, site lighting and fencing. Staff asked the applicant to provide the seating capacity of the existing and proposed sanctuary buildings. The applicant was asked to locate the dumpster on the site plan and to provide a copy of the Bill of Assurance for Sunset Addition. The applicant was asked to specify the uses proposed for the site, including use of the existing sanctuary building. Public Works and Utility Comments were noted. Staff noted the presence of a 12 inch concrete storm water pipe, which runs under the proposed building, from Battery Street to Summit Street. Staff stated the pipe would have to be rerouted. The applicant was advised to contact the individual reviewing agencies. January 19, 2006 ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A 5 Landscape and Buffer Comments were discussed at length. Staff made suggestions about redesigning the parking lots to provide the required landscape and buffer strips. It was noted that variances from the landscape requirements would require City Beautiful Commission approval. The applicant was advised to respond to staff issues by Wednesday, December 28, 2005. The Committee this forwarded the item to the full Commission. STAFF ANALYSIS: New Light Baptist Church is located on the R-3 zoned property at 3110 Battery Street. The church currently has a single building and a 19 space parking lot. The church building contains classrooms, offices and a 200 seat sanctuary. The church proposes to expand by constructing an addition that will contain new classrooms, offices and a 400 seat sanctuary. The existing building will be converted into a fellowship hall. In conjunction with the building addition, two new parking lots containing a total of 31 parking spaces will be constructed. No additional uses such as day care or private school are proposed. There appears not to be any bill of assurance issue. The new building will be one-story and will have an exterior finish of brick and E.I.F.S. The pitched roof will have fiberglass composition shingles. Due to the high pitch of the roof, the building will have a height of nearly 35 feet. A steeple on the roof will extend another 30+ feet, not exceeding a total height of 70 feet. A single wall sign, composed of aluminum cast lettering, will be located on the front wall of the new sanctuary. The new building will have a front yard setback of 10 feet and a rear yard setback of 11 feet. The R-3 zoning district typically requires front and rear yard setbacks of 25 feet. Staff supports the reduced setbacks. The addition will have a setback of 25 feet from the curb of Battery Street and there is an alley to the rear, providing additional setback. On December 28, 2005, the applicant submitted a revised site plan and responses to issues raised at Subdivision Committee. With some additional slight modification of the plan, it should address staff’s concerns. The dumpster and required screening have been shown at the rear of the existing parking lot, located north of the existing church building. Light poles have been located on the site plan. All lighting must be shielded downward and onto the site. The two new parking lots have been redesigned to incorporate angled parking and one-way traffic flow off of Battery Street, exiting onto Summit Street. Perimeter landscape strips of 5.5 – 6 feet in width have been shown on the two new parking lots. A 6-foot tall wood privacy fence has been shown on the perimeters of the new parking lots where they abut adjacent residential property. The alley will be improved and the storm water pipe will be relocated as required by Public Works. The applicants have stated they will follow-up with January 19, 2006 ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A 6 an application to abandon the undeveloped West 32nd Street right-of-way. In addition to the reduced setbacks, there are two other minor variances. The proposed 31 new parking spaces fall 19 short of the 50 required to accommodate the increased seating capacity. The church has functioned for years will just 19 parking spaces. The church is located in a developed urban neighborhood and there appears to be adequate on-street parking in the general vicinity. The church’s principal parking needs will be on Sunday mornings since no additional uses are being proposed. The proposed parking lot south of the new sanctuary building has a slight reduction of 2-3 feet in required maneuvering area between the angled and 90° parking spaces. Since it is not anticipated that there will be a lot of in and out traffic, staff can support the variance. It was felt that it was more important to accommodate as much on-site parking as feasible. To staff’s knowledge, there are no major outstanding issues. Staff believes it is appropriate to allow the expansion of this existing neighborhood church. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be shielded downward and into the site. 3. The 6-foot wood privacy fence on the perimeters of the new parking lots is to be constructed with its finished side facing outward. 4. Three (3) copies of the final approved site plan must be submitted to staff. 5. Pickup/service of the dumpster is to be limited to the hours of 7:00 a.m. to 6:00 p.m. Staff recommends approval of the parking, building setback and parking maneuvering area variances. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Staff also recommended approval of the parking, building setback and parking maneuvering area variances. There was no further discussion. January 19, 2006 ITEM NO.: 5 (Cont.) FILE NO.: Z-4281-A 7 The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: 6 FILE NO.: Z-4985-F NAME: Cai Day Care Center – Conditional Use Permit and PCD Revocation LOCATION: 2407 Battery Street OWNER/APPLICANT: Monica Cai PROPOSAL: A conditional use permit is requested to allow use of this existing structure as a day care center. The property is currently zoned PCD. The applicant is requesting approval of the revocation of the PCD zoning and restoration of the previous R-4 zoning. 1. SITE LOCATION: The property is located on the east side of Battery Street; ½ block north of Roosevelt Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that has a mixture of residential and institutional uses. A church is located one lot to the south. The large, PCD zoned building to the east has gone through several use proposals and revisions. The most recent, in 2002, allowed its use as a day care. The former Mitchell School is located to the west. This building is now being proposed for redevelopment as housing for unwed mothers. Single family and two family homes are located in the general vicinity surrounding the site. Use of this structure for a relatively small day care should be compatible with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Southend Developers and Southend and Wright Avenue Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The entire front yard of the lot is paved; a vestige of its previous use as a day care. A day care center for 18 children with 4 employees requires 5 parking spaces. A day care center for 12 adults with 3 employees requires 4 parking spaces. There is space to park 2-3 vehicles on the site so that they do not back into the street. The applicant has committed to leaving parking on the site for patrons. The employees will park on the street. There is adequate on street parking since the school across the January 19, 2006 ITEM NO.: 6 (Cont.) FILE NO.: Z-4985-F 2 street closed. The applicant will also continue to try to obtain parking from the church located to the south. 4. SCREENING AND BUFFERS: All improvements and parking area are existing. Screening should be installed along the north and south perimeters of the site. 5. PUBLIC WORKS COMMENTS: 1. With the current location of the driveway and parking area, vehicles back onto Battery Street and create unsafe driving conditions. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection to use as daycare center. Contact Central Arkansas Water if larger and/or additional water meter(s) are needed. Fire Department: Five sprinklers may be required; fire hydrant may be required. Contact LRFD Fire Marshall at 918-3710. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, signage, site lighting and dumpster location. Staff asked the applicant to provide a parking plan. Staff noted that approval was being sought for either a child day care for 18 children or an adult day care for 12 adults. Utility, Public Works and Landscape Comments were noted. The applicant was advised to contact those individual agencies. January 19, 2006 ITEM NO.: 6 (Cont.) FILE NO.: Z-4985-F 3 Staff noted that the property was currently zoned PCD and the applicant needed to request revocation of the PCD. The applicant was advised to respond to staff issues by Wednesday, December 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The lot located at 2407 Battery Street is occupied by a one-story, frame, residential style structure and a concrete-paved parking area. The property is zoned PCD and is part of a larger PCD that includes the property to the east. At one time, this structure was physically connected to the larger structure to the east. The connection has been removed. The overall PCD has a lengthy history, which included the use of the buildings for a variety of uses; including day care, duplex residence plus a fairly lengthy list of O-1 uses. In 1999, the PCD was revoked. In 2002, the then-owner requested renewal of the PCD, which included the full range of previously, approved uses. The Commission denied the request, while stating the property was more appropriate for use as a day care. The Board also denied the applicant’s request and approved the PCD for day care only. The record is somewhat unclear about the specific approved use of this lot; whether duplex or day care. In any case, the PCD approved was over three years ago and the structure on this lot has now been physically separated from the larger building. Staff believes it is appropriate to revoke the PCD zoning for this lot, restoring the R-4 zoning and then approving a C.U.P. for the proposed day care use. The applicant is requesting approval of the PCD revocation and of a conditional use permit to allow a day care center. The applicant proposes to have either a day care center for 18 children with 4 employees or a day care center for 12 adults with 3 employees. The use will be either one or the other, not both at the same time. Days and hours of operation are proposed as Monday through Friday, 6:00 a.m. to 12:00 midnight. Signage will consist of a 3’ X 8’ wall sign on the front façade of the structure. There will be no dumpster. The applicant proposes to utilize trash cans and private pick-up. No changes are proposed in site-lighting, which currently consists of security lighting on the perimeter of the site. Privacy fencing is located on the north and south perimeters of the site. The 1890 bill of assurance does not address use issues. The entire front of the lot is paved and has been used for parking. Staff does not support allowing vehicles to back into the street. Parking needs to be designed, perhaps with the use of striping, so that vehicles enter and exit the site in forward motion. There is parking on the site to accommodate 2-3 vehicles. The applicant has stated the on-site parking will be reserved for patrons. Employees will utilize on-street parking. There is sufficient on-street parking available since the elementary school located across the street closed. January 19, 2006 ITEM NO.: 6 (Cont.) FILE NO.: Z-4985-F 4 Staff believes the proposed day care is an appropriate use for this site. To staff’s knowledge, there are no other outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. and PCD revocation subject to the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All outdoor activities are to be limited to daylight hours. 3. Compliance with all applicable fire code and building code requirements for conversion of this structure into a day care center. 4. Parking is to be designed so that vehicles enter and exit the site in a forward motion. There is to be no backing into the street. 5. The PCD must be revoked for the C.U.P. to be valid. Staff recommends approval of the parking variance to allow some on-street parking. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Staff also recommended approval of the parking variance. Staff had earlier informed the Commission that the City’s Traffic Engineer had agreed that the “no parking” signs on the west side of Battery Street could now be removed since the Mitchell School was closed. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: 7 FILE NO.: Z-5773-A NAME: St. Margaret’s Episcopal Church – Revised Conditional Use Permit LOCATION: 20900 Chenal Parkway OWNER/APPLICANT: Episcopal Diocese of Arkansas/Brian Tempas, AIA PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the addition of a Prayer House (meditation space) to this existing, R-2 zoned church site. 1. SITE LOCATION: The property is located at the southeast corner of Chenal Parkway and Chenal Valley Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is principally single family in zoning and use. Single family homes are located to the south and to the west, across the Parkway. Undeveloped, C-2 zoned property is located to the north. A recently approved development of elderly housing is to be located on PD-R zoned property across the parkway, to the northwest. Allowing the addition of the proposed prayer house will not affect this existing church’s compatibility with the neighborhood. All owners of property located within 200 feet of the site and all residents within 300 feet of the site who could be identified were notified of this request. There is no neighborhood association in the vicinity of this site. 3. ON SITE DRIVES AND PARKING: Access to the site is from a single driveway onto Chenal Parkway. A future driveway will provide access to Chenal Valley Drive. The phased development plan included 259 on-site parking spaces, most of the parking has been constructed with the last phase remaining. At ultimate build-out, the church will have a worship area seating 1,000 persons; requiring 250 parking spaces. 4. SCREENING AND BUFFERS: No Comments. January 19, 2006 ITEM NO.: 7 (Cont.) FILE NO.: Z-5773-A 2 5. PUBLIC WORKS COMMENTS: 1. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. All driveways shall be concrete aprons per City Ordinance. 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. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required, with easements, if service is required for this project. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. 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 will be installed at the expense of the developer. Fire Department: Fire hydrants will be required. Contact LRFD Fire Marshall at 918-3710. County Planning: No Comments. CATA: The site is not located on or near a CATA bus route. January 19, 2006 ITEM NO.: 7 (Cont.) FILE NO.: Z-5773-A 3 SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff noted there was very little additional information needed. Staff asked if the previously approved walking trail was to remain on the plan. The applicant responded that it would and he would revise the plan to reflect such. Public Works, Utility and Landscape Comments were noted. The applicant was advised to contact those individual agencies. The applicant was asked to provide a lighting plan for the Prayer House and walkway. The Committee advised the applicant to respond to staff issues by Wednesday, December 28, 2005. The item was then forwarded to the full Commission. STAFF ANALYSIS: On January 4, 1994, the Planning Commission approved a conditional use permit to allow for the phased development of this R-2 zoned, 10.8± acre tract by St. Margaret’s Episcopal Church. The phased development included three buildings to be connected by a central lobby area. Phase I is a two-story multipurpose building containing classrooms and administrative offices on the first floor and a multipurpose space on the second floor. The multipurpose space can accommodate up to 400 persons for worship services. Phase II is a second two-story building containing additional office and classroom space and a 1,000 seat sanctuary. Once this phase is completed, the Phase I multipurpose space will become a formal fellowship hall. The Phase III building is a two-story open space to be used for recreation and fellowship hall. Phased parking for 259 on-site parking spaces was included. The eastern 1/3 of the property was shown to remain wooded and natural with hiking/interpretative trails and benches for contemplation. On November 11, 1999, the Director of Planning approved a modification to the plan allowing for the reorientation of the buildings and parking and the addition of a garden, outdoor altar and Columbarium. Initial access to the site was to be from a single driveway onto Chenal Parkway. A later phase added access to Chenal Valley Drive on the north. The Phase I building, much of the parking and the Columbarium have been constructed thus far. The church is now requesting a revision to the C.U.P. to allow for construction of a Prayer House (meditation space) in the woods on the eastern 1/3 of the property. The Prayer House will consist of an approximately 1,500 square foot enclosed space and two adjacent gardens. There will be a path from the proposed new driveway to the Prayer House. The path will be constructed of January 19, 2006 ITEM NO.: 7 (Cont.) FILE NO.: Z-5773-A 4 crushed rock and will be ADA compliant. The enclosed meditation space is designed to have an occupancy of no more than 24 people and will be used on an intermittent basis. The building is designed to fade into the texture of the woods. The building will have a foundation of native stone and will be clad in textured copper shingles to imitate the bark of the pine trees on the site. As the copper ages, it will oxidize and form a patina that will blend in with the color and texture of the native pines and oaks. The roof form is an arc that reaches upward to the sky, with a ribbon of translucent glass between the roof and the top of the copper-clad wall. The height of the building will be approximately 26 feet. All other elements of the previously approved plan (November 1999) will remain. There is no bill of assurance for this acreage tract. Lighting in this area will consist of low-level path lighting. On December 28, 2005, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. To staff’s knowledge, there are no outstanding issues. Staff believes the addition of the proposed Prayer House to this existing church site will have no effect on neighboring properties. STAFF RECOMMENDATION: Staff recommends approval of the proposed revision to the C.U.P. subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions. The vote was 9 ayes, 0 noes, 1 absent and 1 recusal (Laha). January 19, 2006 ITEM NO.: 8 FILE NO.: Z-7784-A NAME: St. Andrews Church – Revised Conditional Use Permit LOCATION: 8300 Kanis Road OWNER/APPLICANT: St. Andrews Church/Ron Tabor and White-Daters PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for modification of buildings, parking and driveways and the addition of a day care center. The property is zoned R-2. 1. SITE LOCATION: The property is located on the north side of Kanis Road; just east of Michael Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed uses and zoning although it is bordered on the east, west and south by R-2 zoned properties. Single family homes are located to the west. The old, Kanis Home Site and Farm and a recently approved residential subdivision are located to the south. A nursing home, retirement community and undeveloped O-2 zoned property are adjacent to the north. Multiple commercial uses are located further to the west, near John Barrow Road and Kanis Park is further to the east. The proposed use of this site as a church campus should be compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the John Barrow and Brownwood Terrace Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is proposed to have a single access point; on Kanis Road. Parking is to all be constructed with the first phase of development. The Phase II sanctuary will have a seating capacity of 600 persons; requiring 150 parking spaces. The proposed plan shows 227 on-site parking spaces. January 19, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. Prior to the any earthwork, it is required to have protective orange fencing around all of the trees/vegetation shown to be preserved on the site/grading plan. A sign-off reflecting inspection of proper installation of the fencing is also required prior to any/all grading on the site. A 50-foot buffer is required along eastern property line next to the residentially zoned property. Currently, the detention pond is shown encroaching into this area. This area is to remain undisturbed. Screening is required due to the residential use along the western perimeter of the site. This screening is to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings. Preserved vegetation may suffice for this screening requirement thus eliminating the need for an opaque fence. This area is not to be thinned/cleared out and must provide a year around screening to suffice. The landscape ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. The western most parking lot is not currently meeting this minimum requirement. Interior islands should also be evenly distributed within the parking lot area. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. Dedication of right-of-way to 45 feet from centerline will be required. January 19, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A 3 2. Re-alignment of Kanis Road will be required to remove sub-standard horizontal curvature. Provide a plan showing the re-alignment. 3. Drivers exiting the church facility require at least 445 ft. of intersection site distance for left-turn maneuvers and 385 ft. for right-turn maneuvers (based on 2001 Green Book). Plans and profiles along with a signed statement stating the proposed driveway location provides the required site distances must be provided. Relocate driveway east or excavate hillside away from the right-of-way to the west. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 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. Driveway shall be concrete apron and not exceed 36 feet in width. 7. 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). 8. Provide a sketch grading and drainage plan showing location of disturbed and undisturbed areas per phase. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 9. A five-year deferral of all street improvements on Kanis Road is not supported by staff. Staff can support a portion of the street improvements deferred for five-years or until Phase II construction or until adjacent property develops or until property on Southside of Kanis Road develops. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. January 19, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A 4 Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capitol Investment Charge based on the size of connection(s) will apply to this project for connections off the existing 12-inch main 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). 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. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: One additional fire hydrant may be required and day care center may be required to be fire sprinkled. Contact LRFD Fire Marshall at 918-3710. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding building design and height, signage, site lighting and dumpster location. Staff asked the applicant to provide additional information on the proposed day care; including days and hours of operation, maximum enrollment and number of employees. Staff asked that a phasing plan for the parking lot and driveways be provided. Staff asked the applicant to provide an explanation for an area on the site plan labeled as “temporary parking”. The applicant responded that the area would only be used for overflow services and was the site of the Phase II building. The applicant stated he would consider removing that note from the plan. Staff suggested moving the proposed playground to a point 105 feet from the western property line, to limit the impact on adjacent single family homes. Public Works, Utility and Landscape Comments were discussed. There was a general discussion of the timetable for making improvements to Kanis Road. The applicant stated he would work with Public Works staff to address the issue. It was noted that additional buffering was required on the eastern perimeter and January 19, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A 5 more interior landscaping was needed in the western parking lot. Staff stated all areas to be undisturbed or preserved were to be protected by reflective orange fencing during construction and inspected prior to construction. The applicant was advised to respond to staff issues by Wednesday, December 28, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On February 3, 2005, the Planning Commission approved a conditional use permit to allow for the phased development of this R-2 zoned property by St. Andrews Church. The approval included five buildings and 225 parking spaces, a playground and an amphitheater. No development has occurred yet. The applicant is requesting approval of a revision to the approved C.U.P. to allow for slight modification of building and parking design and the addition of a daycare/mother’s day out program. Phase I will consist of a two-story, 35,000 square foot multipurpose building, which will be used for worship services, classes and offices. The driveway and all parking are to be built with Phase I. Phase II will consist of the two-story, 60,000 square foot sanctuary building. This building will have a height of 45 feet with an additional 20 feet of steeple height. Phase III consists of a two-story, 19,600 square foot classroom and office building. Phase IV consists of a two- story, 17,000 square foot classroom building. Phase V consists of a two-story, 30,000 square foot multipurpose building. Phasing of the playground, amphitheater and walking paths is not indicated. An 8-foot tall fence is proposed to encircle the site. The fence will be black chain link on the rear and sides and wrought iron on the front. A 50-foot buffer, 35 feet of which will remain undisturbed, is shown along the western perimeter where the site is adjacent to single family. The plan has been adjusted to provide a 50-foot buffer on the eastern perimeter, where the site is adjacent to undeveloped R-2 zoned property. This undeveloped property to the east is shown as “future development” and will remain wooded at this time. Signage is to consist of a single ground-mounted sign and building identification wall signage. Signage will comply with standards for office and institutional zones. The buildings are proposed to be constructed with brick and board and batten exteriors with pitched, shingled roofs. The church also proposes a lighted cross on the steeple. Site lighting will be shielded downward and into the site. The amphitheater will be used for outdoor functions, youth activities and weekend retreats. On December 28, 2005, the applicant submitted responses to the issues raised at Subdivision Committee. The dumpster and required screening have been located at the northwest corner of the Phase I building. Due to the proximity of January 19, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A 6 single family homes, servicing of the dumpster should be limited to regular business hours; 7:00 a.m. – 6:00 p.m. Screening in the form of a 6-foot tall opaque fence or dense evergreen plantings will be added to the west perimeter if the preserved vegetation is not dense enough to provide sufficient screening. The playground has been moved to the east to provide a 100-foot setback from the west property line. Overall, the principal differences between this plan and the approved plan are: (1) building area has been reduced from 178,600 square feet to 161,600 square feet, (2) the addition of parking west of the buildings where previously only a driveway was shown; and (3) the addition of a daycare/mother’s day out program. The applicant has stated the day care/mother’s day out program will operate Monday through Friday, 8:30 a.m. to 11:30 a.m. No numbers were provided for enrollment or employees. The applicant states this use is not immediate; best projection is 18 months before start up. Total numbers will be determined by demand and DHS regulations. Staff would suggest setting enrollment and employee caps of 75 and 20 respectively. If, at some point in the future, additional numbers are needed, the applicant can return to the Commission. Otherwise, the sole remaining issue appears to be the timing of required improvements to Kanis Road. Staff is continuing to review the issue and is supportive of a limited deferral of some of the improvements for 5 years or until Phase II. Staff also would prefer to see road improvements on the north side of Kanis coincide with development on the south side. A recommendation on this issue will be provided. Staff believes the proposed revision to the approved C.U.P. is appropriate. The applicant has done a good job of responding to issues raised by staff. This acreage tract is not covered by a bill of assurance. STAFF RECOMMENDATION: Staff recommends approval of the requested revision to the approved C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be shielded downward and into the site. 3. All buffer areas and undisturbed areas are to be marked and protected by construction fencing during all phases of construction. 4. The use of any amplification associated with the amphitheater is to be such that the sound does not travel beyond the perimeter of the site. January 19, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7784-A 7 5. The day care/mother’s day out program is to be limited to an enrollment of 75 children with 20 employees. 6. Pickup/service of the dumpster is to be limited to the hours of 7:00 a.m. to 6:00 p.m. 7. Use of the playground area is to be limited to day light hours. Staff recommends approval of the requested height variance to allow the sanctuary building to be 45 feet in height with an additional 20 feet for the steeple. Staff recommends approval of a fence height variance to allow the 8-foot fence subject to the fence along the street frontage being constructed of wrought iron with or without brick columns. The columns shall not extend more than 2 feet above the fence height. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Staff also recommended approval of the building height and fence height variances as noted in the “Staff Recommendation” above. Staff also added the following comment for the record; “With development, St. Andrews is going to do improvements on their side of Kanis Road consisting of excavation and some widening to relieve the sight distance problem in accordance with “Green Book” Transportation Standards. Public Works supports a deferral of the requirement of the boundary street ordinance for 5 years or until Phase II development, or until adjacent development including development across Kanis Road, occurs.” There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions and the building and fence height variances. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: 9 FILE NO.: Z-7816-A NAME: Milam – Deerman Duplexes – Conditional Use Permit LOCATION: SE corner of West 32nd and Ludwig Streets OWNER/APPLICANT: Russell Milam and Michael Deerman PROPOSAL: A conditional use permit is requested to allow for the construction of a duplex residence on each of the three, R-3 zoned lots located at the SE corner of Ludwig and West 32nd Streets. 1. SITE LOCATION: The lots are located on the east side of Ludwig Street, south of West 32nd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: These same applicants have recently completed three duplexes on the R-3 zoned properties to the south. The R-3 property to the east is currently vacant. Single family residences are located to the west and north. A church is located at 34th and Ludwig, one block to the south. Staff believes the proposed duplexes provide a good transition from the commercial development along John Barrow Road to the residential neighborhood extending to the west. The Land Use Plan recommends Mixed Office Commercial for the properties directly adjacent to the rear of these lots, fronting onto John Barrow Road. Staff believes it is important that the Ludwig Street frontage of the proposed duplex development be sensitive to the residential neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: Each duplex is required to have three on-site parking spaces; 1.5 per unit. The plan provides for rear access to parking spaces located behind each duplex. Parking is off of an improved alley/driveway, which will extend from 32nd to 33rd Streets. 4. SCREENING AND BUFFERS: No comments. January 19, 2006 ITEM NO.: 9 (Cont.) FILE NO.: Z-7816-A 2 5. PUBLIC WORKS COMMENTS: 1. Duplex construction on existing platted lots is exempt from boundary street and storm water detention ordinances. 2. Width of driveway cuts is limited to 20 feet per lot. 3. New driveway apron recently installed at alley and 33rd Street as part of previous application does not have 5 feet flared end sections as required by City code. Staff was not contacted for inspection of new driveway as required by City code prior to installation. Driveway apron must be removed or modified to meet City standards. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water regarding size and location of water meters. Fire Department: Install fire hydrant per code. Contact LRFD Fire Marshall at 918-3710. County Planning: No Comments. CATA: The site is not located on or near a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicants were present. Staff presented the item and noted little additional information was needed. Staff noted that the parking pads at the rear of the units needed to be widened to accommodate three vehicles. In response to a question from staff, the applicants stated there would be no fencing beyond what might typically be allowed in the R-3 district. Public Works Staff stated the driveway, which was constructed with the previous three duplexes, was not built to City code. The applicants were advised to work with City staff to address that issue. January 19, 2006 ITEM NO.: 9 (Cont.) FILE NO.: Z-7816-A 3 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicants are requesting approval of a conditional use permit to allow for construction of a duplex residence on each of these three, R-3 zoned lots. On April 28, 2005, the Commission approved a C.U.P. for these same applicants to construct duplexes on the three lots directly to the south. Those duplexes are completed. Each structure is to be 34’ X 64.5’ in size. Each unit of the duplex will have 1,096.5 square feet of area. The duplex will be a front-to-back design with side entrance. Each unit will contain 3 bedrooms, one bath, kitchen, dining and living rooms. A driveway will be extended off of West 33rd Street, along the alley right- of-way. Parking will be located at the rear of each unit. The structures will be one-story with vinyl siding and shingled hip roofs. A dormer will be built into the roof facing Ludwig Street. Landscaping, consisting of trees and shrubs, will be planted along the front of each unit. Sidewalks will be constructed from the front entrance of each unit to the parking area at the rear. The properties will be owned and managed by the applicants, Russ Milam and/or Michael Deerman. Management includes the oversight of the grounds and property maintenance, possible tenant screening, background checks and rent payment collections. Staff believes the proposed duplexes are an appropriate use for these lots. The duplex residences will provide a good transition from the commercial uses along John Barrow Road to the residential neighborhood. The applicants have addressed staff concerns related to design by relocating the parking to the rear of the site and making some design commitments related to the Ludwig Street façade of each unit. To staff’s knowledge, the only outstanding issue is the driveway which was constructed with the first set of duplexes. That driveway is to extend from West 33rd to West 32nd Streets to provide access to all six duplexes. The driveway, at the 33rd Street connection, was not constructed to compliance with City code and must be modified. The applicant is to work with Public Works Staff to rectify the issue. Final plans will have to be submitted showing the proper width for the parking pads. No fencing plans were submitted. Fencing will be allowed that complies with R-3 zoning district standards. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments and conditions outlined in sections 5 and 6 of the agenda staff report. January 19, 2006 ITEM NO.: 9 (Cont.) FILE NO.: Z-7816-A 4 PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: 10 FILE NO.: Z-7980 NAME: Entergy Substation – Conditional Use Permit LOCATION: 14250 Colonel Glenn Road OWNER/APPLICANT: Minton, LLC/Entergy Arkansas by Bill Stephens PROPOSAL: A conditional use permit is requested to allow for the construction of an Entergy Utility Substation on this R-2 zoned tract. STAFF UPDATE: On December 22, 2005, at the Subdivision Committee meeting, the applicant requested deferral of the C.U.P. to coincide with a preliminary plat application that is necessary to address the issue of subdividing the property. On January 9, 2006, the applicant requested deferral of the item to the May 11, 2006 agenda. Staff recommends deferring the item. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item to the May 11, 2006 meeting. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the May 11, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: 11 FILE NO.: Z-7982 NAME: Oak Forest United Methodist Church – Conditional Use Permit LOCATION: 2415 Fair Park Blvd. OWNER/APPLICANT: Trustees of the Oak Forest United Methodist Church/ Randy Frazier PROPOSAL: A conditional use permit is requested to allow a residential structure on this R-3 zoned church site to be used for a neighborhood health clinic ministry. 1. SITE LOCATION: The church is located on the east side of Fair Park Blvd., between 24th and 25th Streets. The proposed clinic is to be operated out of the structure at 2404 Tyler Street, behind the main church building. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been located in this residential neighborhood for many years. This C.U.P. serves two purposes; to bring the existing church into zoning compliance and to allow the additional health care ministry. No building or parking expansions are proposed. Neither action will affect the church’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Oak Forest, Curran Conway, Oak Forest ACORN and Oak Forest Initiative Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: No changes are being proposed to the existing drives or parking. Visitors to the proposed health clinic will park in the adjacent, existing church parking lot. 4. SCREENING AND BUFFERS: No comments, all improvements existing. 5. PUBLIC WORKS COMMENTS: No Comments. January 19, 2006 ITEM NO.: 11 (Cont.) FILE NO.: Z-7982 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are needed. Fire Department: Contact Fire Marshall for specific requirements for converting this residential structure into the proposed use. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff presented the item and noted that additional information was needed regarding signage and days and hours of operation of the proposed health clinic. The committee’s discussion focused on the issue of days and hours of operation. It was felt that a neighborhood clinic operating for 3-4 hours, 3 days a week could be an appropriate ancillary ministry of the church but a clinic that operated for more hours and days might not be viewed as appropriate. The applicant stated he would try to tie-down the days and hours of operation. The applicant was advised to provide a response by Wednesday, December 28, 2005. The committee forwarded the item to the full Commission. STAFF ANALYSIS: Oak Forest United Methodist Church occupies the R-3 zoned property at 2415 Fair Park Blvd. The church owns the block bounded by Fair Park Blvd., Tyler, West 24th and West 25th Streets other than the two lots at the northeast corner of the block. The church has existed at this site for many years, predating the requirement of a conditional use permit. The church is requesting approval of a C.U.P. for two purposes. First, to bring the existing church into compliance with the Zoning Ordinance requirement of a C.U.P. Second, to add a neighborhood health ministry using the structure at 2404 Tyler Street. No changes are January 19, 2006 ITEM NO.: 11 (Cont.) FILE NO.: Z-7982 3 proposed to the church activities, operations and uses. As with other churches, its use will continue to be on Sundays with various church related activities throughout the week. No additional buildings or parking are proposed. The bill of assurance for Cherry and Cox Addition does not address use issues. The church proposes to add a neighborhood health center ministry, using the structure at 2404 S. Tyler Street. This ministry is to be conducted in partnership with Fellowship Bible Church who will provide the financial resources to prepare the structure for initial operations and serve initially as the primary source for recruiting funds for ongoing operations. A Board will be formed that will have responsibility for the operation of the health clinic ministry. The Board will initially include representation from the two churches with an openness to include representation from other churches in the neighborhood who might want to actively participate in the partnership. All partnering churches will be invited to provide volunteers to serve in operation of the clinic. The purpose of the neighborhood health center is to provide ministry to the neighborhood; including health education classes, life skills classes and limited medical care. It will not be a primary care clinic or other comprehensive medical care clinic. The structure will also be used for other routine church activities, classes and religious uses. The health center will have limited hours throughout the week depending on the needs of the neighborhood and availability of volunteers. The church initially anticipates that it will operate 3 days a week for approximately 4 hours a day beginning no earlier than 4:30 p.m. Signage for the overall church property will remain the same as it is now. A sign, no larger than 3’ X 5’, will be placed on the façade of the building at 2404 Tyler Street identifying it as a neighborhood health center. Patrons will use the existing church parking lot which is located adjacent to the south. Directional signs in the parking area will indicate the direction to the building and designated parking for its patrons. Staff is supportive of the requested C.U.P. on both levels; to recognize the existing church and to add the health care ministry. The new ministry should prove to be an asset to the neighborhood. Its limited days and hours of operation should assure that the new use does not negatively impact surrounding residents. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Days and hours of operation of the health clinic are to be limited to 3 days a week for no more than 4 hours each day beginning at 4:30 p.m. as proposed by the applicant. January 19, 2006 ITEM NO.: 11 (Cont.) FILE NO.: Z-7982 4 2. Signage on the health clinic is to be limited to the 3’ X 5’ wall sign as proposed by the applicant. 3. Compliance with any applicable building code, fire department and utility requirements for conversion of this residential structure into the proposed health clinic use. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. After the Consent Agenda portion of the hearing was closed, an individual approached staff and turned in a card in opposition to the item. January 19, 2006 ITEM NO.: 12 FILE NO.: Z-7253-C NAME: Verizon Wireless – Tower Use Permit LOCATION: 2416 West 16th Street OWNER/APPLICANT: Little Rock School District/Verizon Wireless PROPOSAL: A tower use permit is requested to allow for placement of a wireless communication facility on this R-4 zoned property. 1. SITE LOCATION: The proposed WCF is to be located within the confines of Quigley Stadium, on the Central High School campus. 2. COMPATIBILITY WITH NEIGHBORHOOD: The applicant proposes to place antennae on one of the existing light standards which are located around the perimeter of the football stadium. The equipment will be placed beneath the stands, within the 8-foot tall wall that surrounds the stadium. Staff believes this is a good stealth design that will have no effect on the neighborhood or school campus. The National Park Service has no objections to the proposal. All owners of property located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the Central High Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the WCF will be via an existing gate off of West 16th Street. An access easement will be extended through the gate to the WCF site. The WCF is located in the area that is currently paved, providing adequate parking for any technician visiting the site. 4. SCREENING AND BUFFERS: The WCF requirements for screening and landscaping include an 8-foot tall screening fence around the compound and a 6-foot wide landscape strip surrounding the screening fence. The applicant proposes to enclose the lease area with an 8-foot tall brick wall to match the existing building it is adjacent to. The WCF is located in an area that is asphalt paved. Both the applicant and the Little Rock School District are requesting a deferral of the landscape requirements. Staff supports the deferral. January 19, 2006 ITEM NO.: 12 (Cont.) FILE NO.: Z-7253-C 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer service not required for this project. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Fire Department: No Comments. County Planning: No Comments. CATA: The site is not located on a CATA bus route. A bus route is located 4 blocks to the north, along West 12th Street. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 22, 2005) The applicant was present. Staff presented the item and noted there was no additional information needed. There were no other comments from other reviewing agencies. The committee complemented the applicant on the design of the WCF; using the existing light standard. The committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Verizon Wireless is requesting approval of a Tower Use Permit to allow for construction of a wireless communication facility (WCF) on the Central High School property located at 2416 West 16th Street. Verizon proposes to place an antennae array on an existing, 105-foot tall light standard which is located on the east side of Quigley Football Stadium. The equipment is to be placed within a 600 square foot lease area at the base of the light standard. The stadium is enclosed by an 8-foot tall wall. The equipment for the WCF will be located within the walled area, behind the east bleachers. The site of the WCF compound is asphalt paved. The WCF compound will be enclosed by an 8-foot tall brick wall to match an existing building it is adjacent to. Access to the WCF site will be via an existing gate onto the stadium property off of West 16th Street. The WCF site January 19, 2006 ITEM NO.: 12 (Cont.) FILE NO.: Z-7253-C 3 is located 200+ feet from the south property line and 400+ feet from the north property line. The Equivalent Isotropically Radiated Power (EIRP) for this installation is 890 watts or less. The FCC rule permits up to 1,640 watts EIRP for this type of installation. A tower use permit is required because the site will not have the 6-foot wide landscape strip surrounding the WCF compound. The compound is located on an asphalt paved area, within the walled compound surrounding the football stadium. Verizon and LRSD are requesting a deferral of the landscape requirement. Staff supports the deferral. The Central High School campus is a National Historic Site. The National Park Service has no objection to this proposal. To staff’s knowledge, there are no outstanding issues. This is a good example of using existing elements to fit a WCF into an area without having an impact on nearby properties. STAFF RECOMMENDATION: Staff recommends approval of the Tower Use Permit. Staff recommends approval of a deferral of the landscape requirements until a “major change in circumstances” as defined by Section 36-593(c)(6)(b) of the Code. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, including the deferral of the landscape requirements as noted in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. January 19, 2006 ITEM NO.: 13 FILE NO.: Z-7983 NAME: Verizon Wireless – Tower Use Permit LOCATION: 14301 Cantrell Road OWNER/APPLICANT: J. G. Construction Company of Little Rock/ Verizon Wireless PROPOSAL: A tower use permit is requested to allow for construction of a wireless communication facility with support structure (tower) on this C-3 zoned property. STAFF REPORT: On December 28, 2005, the applicant requested deferral of this item. Staff recommends deferral to the March 2, 2006 meeting. PLANNING COMMISSION ACTION: (JANUARY 19, 2006) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item to the March 2, 2006 meeting. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 2, 2006 Agenda. The vote was 10 ayes, 0 noes and 1 absent.