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pc_12 21 2006 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD DECEMBER 21, 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: Gary Langlais Chauncey Taylor Troy Laha Robert Stebbins Jerry Meyer Jeff Yates Lucas Hargraves Darrin Williams Pam Adcock Mizan Rahman Fred Allen, Jr. Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the November 9, 2006 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING DECEMBER 21, 2006 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. Z-8101 Rezoning from R-3 and O-3 to O-2 and C-3 1311 and 1401 Bishop Street B. Z-6994-A Rezoning from R-3 and I-2 to PR North side of West 10th Street, East of Woodrow Street C. LU06-19-07 A Land Use Plan Amendment in the Chenal Planning District changing from Single Family, Multifamily, Public Institutional and Neighborhood Commercial to Single Family, Low Density Residential, Multifamily, Suburban Office, Neighborhood Commercial and Commercial either side of Kanis Road from Chenal Parkway to Stewart Road. D. LU06-19-08 A Land Use Plan Amendment in the Chenal Planning District changing from Single Family, Low Density Residential and Suburban Office to Mixed Office Commercial south of State Highway 10 at State Highway 300. E. Proposed Amendments to various sections of Chapters 31 and 36 of the Code of Ordinances; the Subdivision and Zoning Ordinances. F. Z-4969-D Spring Tree Village Revised Long-Form PD-R, located South of Yarberry Lane and East of Doe Run on Spring Tree Drive. G. Z-7593-C South Shackleford Hotel Short-form PCD, located in the 800 Block of South Shackleford Road. H. Z-7723-B Treadway’s Revised Short-form PCD, located at 1115 Jefferson Street. I. LA-0013 Hockersmith Timber Harvest, located West of I-430 and South of Bowman Plaza Drive. Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title 1. G-23-371 Alley – Right-of-Way Abandonment Block 16, Pope’s Addition 2. G-23-372 East Crestwood Drive – Right-of-Way Abandonment Between 4901 and 4916 East Crestwood Drive 3. G-23-373 Polk Street – Right-of-Way Abandonment Adjacent to 5500 Country Club Blvd. 4. Z-8143 Butler Day Care Family Home – Special Use Permit 8600 Shiloh Drive 5. Z-8140 Rezoning from R-3 to O-3 4720 West Markham Street 6. Z-8141 Rezoning from R-2 to O-3 11701 West 36th Street 7. LU06-11-01 A Land Use Plan Amendment in the I-430 Planning District from Park/Open Space and Multifamily to Light Industrial on the west side of Shackleford Road 1,200 feet north of Colonel Glenn Road. 7.1 Z-8142 Rezoning from R-2 to I-2 West side of Shackleford Road, 1,200 feet north of Colonel Glenn Road. 8. Z-7512-A AA Storage – Revised Conditional Use Permit 5700 West 10th Street 9. Z-7573-C Isaac Wayne Barber Shop – Conditional Use Permit 6805 West 12th Street, Suite “C” 10. Z-8137 Perkins Accessory Dwelling – Conditional Use Permit 4121 Weldon Avenue 11. Z-8138 Holder Multisectional Manufactured Home – Conditional Use Permit 11511 Heinke Road 12. Z-8139 Hampton Day Care Center – Conditional Use Permit 1602 Welch Street Agenda, Page Three II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 13. G-23-370 Fairview Addition Plat Reduction to Acreage 14. LU06-08-05 A Land Use Plan Amendment in the Central City Planning District near the intersections of Cross and West 10th, Main Street and West 18th, Main Street and West 21st, and Commerce and East 16th Street from Commercial, Mixed Use, and Single Family to Public Institutional. 15. Z-8144 Rezoning from R-4 to MF-24 and O-1 2800 Cumberland Street 16. LA-0016 King-Walker Tree Harvest Northeast corner of West 28th and Tatum Streets December 21, 2006 ITEM NO.: A FILE NO.: Z-8101 Owner: William and Ron Woods Applicant: Ron Woods Location: 1311 and 1401 Bishop Street Area: 0.48 Acre and 0.16 Acre Request: Rezone from O-3 to C-3 and R-3 to O-2 Purpose: Future Development Existing Use: Single family residential structures SURROUNDING LAND USE AND ZONING North – Arkansas Children’s Hospital uses; zoned O-3 and O-2 South – Single family residences; zoned R-3 and R-4 East – Undeveloped property and commercial uses; zoned C-3 West – Undeveloped property and single family residential structures; zoned O-2, POD and R-3 A. PUBLIC WORKS COMMENTS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of S. Bishop Street and West 14th Street. 2. A 20 foot radial dedication of right-of-way at the intersection of alley and 14th Street. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Bus Route #11 (M. L. King Route) runs along Martin Luther King Drive to the east. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Central High and Downtown Neighborhood Associations were notified of the public hearing. December 21, 2006 ITEM NO: A (Cont.) FILE NO.: Z-8101 2 D. LAND USE ELEMENT: This request is located in the Central City Planning District. The Land Use Plan shows Single Family and Mixed Use for this property. The applicant has applied for a rezoning from O-3 General Office District to C-3 General Commercial District and from R-3 Single Family District to O-2 Office Institutional District. A land use plan amendment for a change to Office and Neighborhood Commercial is a separate item on this agenda. Master Street Plan: Bishop Street is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which area abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Daisy Gaston Bates Drive is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class II route is shown along Daisy Gaston Bates Drive. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. City Recognized Neighborhood Action Plan: The area is not covered by a city recognized Neighborhood Action Plan. E. STAFF ANALYSIS: William and Ron Woods, owners of the 0.48 acre property at the northeast corner of Bishop Street and Daisy Bates Drive and the 0.16 acre property at the southeast corner of the same intersection, are requesting to rezone the properties from O-3 to C-3 and R-3 to O-2 respectively. The rezoning is proposed for future development. The property at the northeast corner of Bishop Street and Daisy Bates Drive is comprised of three (3) platted lots (Lots 4-6, Block 12, Centennial Addition). The property at the southeast corner of the intersection is one (1) platted lot. The property at the northeast corner of Bishop Street and Daisy Bates Drive is occupied by three (3) single family residential structures. The lot at the December 21, 2006 ITEM NO: A (Cont.) FILE NO.: Z-8101 3 southeast corner is occupied by a brick and stucco single family residence. There are platted alley rights-of-way along the east side of both properties. There is a mixture of uses and zoning in this general area. Arkansas Children’s Hospital property is located immediately north and west of the larger property. There is undeveloped C-3 zoned property and various commercial uses to the east. Single family residential structures and vacant lots are located to the south and southwest. The City’s Future Land Use Plan designates the property at the northeast corner of Bishop Street and Daisy Bates Drive as Mixed Use (MX). The lot at the southeast corner of the intersection is shown as Single Family (SF). A Land Use Plan amendment for changes from MX to Neighborhood Commercial and SF to Office is a separate item on this agenda (LU06-08- 04). Staff is not supportive of the requested C-3 and O-2 rezoning. The property at the northeast corner of Bishop Street and Daisy Bates Drive is shown on MX on the Future Land Use Plan. The MX designation requires a Planned Zoning Development (PZD) for any non-residential development of the property, which includes site plan review. Staff believes that site plan review for this property is very important. The property immediately to the west is zoned O-2 and recently received site plan review approval for an Arkansas Children’s Hospital facility. Additionally, this property is along the main entry drive to the Central High School area. Staff feels that building design, building setbacks, parking design and orientation and other various site plan criteria should be addressed by the Commission with development of this property. With respect to the lot at the southeast corner of Bishop Street and Daisy Bates Drive, staff believes the zoning should remain single family residential. With the exception of the POD zoning immediately west, the properties south of Daisy Bates Drive and west of the C-3 zoned property at the southwest corner of M. L. King Drive and Daisy Bates Drive contain single family/two-family residences and are zoned R-3 and R-4. There are also a number of vacant lots in this area. Staff believes that new home construction could take place in this area in the near future, with renewed interest in the Central High area of Little Rock. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 and O-2 rezonings. December 21, 2006 ITEM NO: A (Cont.) FILE NO.: Z-8101 4 PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006) Staff informed the Commission that the applicant submitted a letter on September 26, 2006 requesting the application be deferred to the November 9, 2006 Agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 9, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) Staff informed the Commission that the applicant contacted staff on November 1, 2006 requesting the application be deferred to the December 21, 2006 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 21, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 12, 2006 requesting the application be deferred to the February 1, 2007 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 1, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. December 21, 2006 ITEM NO.: B FILE NO.: Z-6994-A Owner: City of Little Rock Parks and Recreation Applicant: City of Little Rock Parks and Recreation Location: Northeast corner of West 10th and Woodrow Streets and Northeast corner of West 10th and Appianway Streets Area: Approximately 1.09 Acres Request: Rezone from R-3 and I-2 to PR Purpose: Expansion of Fletcher Park Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Fletcher Park; zoned PR South – Single family residences and Arrow Bus Lines facility (across West 10th Street); zoned R-3 and I-2 East – Single family residences; zoned R-3 and I-2 West – Single family residences (across Woodrow Street); zoned R-3 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Bus Route #3 (Baptist Medical Center Route) runs along West 12th Street to the south, and Route #17 (Mabelvale – Downtown Route) runs along I-630 to the north. 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 Capitol Hill and Pine to Woodrow Neighborhood Associations were notified of the public hearing. December 21, 2006 ITEM NO: B (Cont.) FILE NO.: Z-6994-A 2 D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Park/Open Space for this property. The applicant has applied for a rezoning from R-3 Single Family District and I-2 Light Industrial District to PR Park and Recreation District. The request does not require a change to the Land Use Plan. Master Street Plan: West 10th Street is shown as a Local Street on the Master Street Plan and Woodrow Street is shown as a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. A Minor arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Neighborhood Action Plan. The Neighborhood Revitalization goal has specifically states there is a need for more parks and playgrounds in the area. E. STAFF ANALYSIS: The City of Little Rock Parks and Recreation, owner of the 0.79 acre property located at the northeast corner of West 10th and Woodrow Streets and the 0.30 acre property at the northeast corner of West 10th and Appianway Streets, is requesting to rezone the property from “R-3” Single Family District and “I-2” Light Industrial District to “PR” Park and Recreation District. The rezoning is proposed to allow for the expansion of Fletcher Park. The lots are currently vacant and mostly grass covered. There area a few mature trees on the property. There is a 20-foot wide platted alley right-of- way along the north property line. December 21, 2006 ITEM NO: B (Cont.) FILE NO.: Z-6994-A 3 Fletcher Park (zoned PR) is located immediately north of the property, along the south side of Interstate 630. Single family residences are located south (across West 10th Street), east and west (across Woodrow Street) of the site. There is an Arrow Bus Lines office and maintenance facility at the southeast corner of West 10th and Appianway Street. There are other industrial-type uses located further to the east. The City’s Future Land Use Plan designates this property as “Park/Open Space”. The requested zoning change to PR does not require a change to the Land Use Plan. Staff is supportive of the rezoning request. Staff views the requested zoning to PR to allow expansion of the Fletcher Park facilities as a very minor issue. Staff feels the expansion of Fletcher Park will be a great asset to the community and benefit the neighborhood for many years. Staff believes the requested rezoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested PR rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) Staff informed the Commission that the applicant contacted staff on October 30, 2006 requesting the application be deferred to the December 21, 2006 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 21, 2006 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: C FILE NO.: LU06-19-07 Name: Land Use Plan Amendment - Chenal Planning District Location: Either side of Kanis Rd, from Chenal Pkwy to Denny Road Request: Single Family, Multifamily, Public Institutional & Neighborhood Commercial to Single Family, Low Density Residential, Multifamily, Suburban Office, Neighborhood Commercial and Commercial Source: Staff PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family, Multifamily, Public Institutional & Neighborhood Commercial to Single Family, Low Density Residential, Suburban Office, Neighborhood Commercial and Commercial. Single Family provides for single-family homes at densities not to exceed six units per acre. Low Density Residential accommodates a range of housing types including single-family attached and detached, duplex, townhomes, patio or garden homes and multifamily or a combination provided the overall density is between six and ten dwelling units per acre. Suburban Office provides for low intensity development of office or office parks in close proximity of lower density residential areas to assure compatibility. Neighborhood Commercial is limited to small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market. Commercial is a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. This package of changes was generated as a result of a City Board of Director’s instruction to review the Land Use Plan in the Kanis Road corridor from Chenal Parkway to Stewart Road. EXISTING LAND USE AND ZONING: The properties involved in the amendment are mostly vacant either wooded or pasture land. There are three businesses on the properties as well as two homes. Of the approximately 78 acres included in the changes approximately 14 acres is zoned commercial (9.5 ‘C-1’ Neighborhood Commercial and 4.5 ‘C-3’ General Commercial); 6 acres is zoned office (‘O-2’ Office and Institutional); 19 acres multifamily (‘MF-24’ Multifamily District 24 units per acre) and 39 acres of single-family (‘R-2’ Single Family). Northwest are single-family subdivisions and the Chenal Country Club, most of this area is zoned ‘R-2” Single Family. To the west and south are single-family homes generally in subdivisions of 5 to 10 acres lots. The land is generally zoned ‘R-2’. Northeast of the area is zoned ‘C-2’ December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 2 Shopping Center, ‘MF-24’ and ‘MF-18’ Multifamily zoning, ‘O-2’ Office and Institutional. The closest tracts are wooded, however further to the northeast is developed with office buildings, and commercial centers. To the east is ‘C-3’ General Commercial and ‘PCD’ Planned Commercial District. This land is currently wooded or former pastureland. Further to the east along Chenal Parkway are car dealerships; a shopping center and small commercial buildings also zoned Planned Commercial District or ‘C-3’. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: August 15, 2006, Three Land Use Plan amendment packages were approved. These amendments changed Single Family, Low Density Residential, Multifamily, Mixed Use, Neighborhood Commercial and Office areas to Single Family, Mixed Use, Office Neighborhood Commercial, Commercial and Mixed Office/Commercial. The changes were in areas to the north and northeast of this proposed amendment package continuing along Rahling Road. The changes were made to allow for future development and some were related to reclassifications of the land. June 27, 2006 a change was made from Office, Neighborhood Commercial and Low Density Residential to Mixed Office Commercial approximately a mile to the northeast of this amendment package east of Kirk Road and north of Chenal Parkway. The changes resulted from a Planned Commercial reclassification to allow for future development. May 18, 2004, a change from Single Family to Office, south of Cantrell Road between Chenonceau and Chevaux, over two miles to the north of the site. This change was made related to a Planned Office reclassification to allow for future redevelopment of the land. January 20, 2004, a change from Office to Mixed Use south of Rahling Road either side of Champlin Drive, over a mile to the northeast of the application area. This change was made to allow for future development of the land (no reclassification was included). June 17, 2003, changes from Office, Multifamily and Single Family to Multifamily and Low Density Residential south of Chenal Parkway around Rahling Road, north of the application area. These changes were made to reflect new zoning in the area for future development. June 4, 2002, a change from Single Family to Suburban Office south of Cantrell Road either side of Drew, over two miles to the north of the site. This change was made related to a Planned Office District reclassification to allow for future redevelopment of the land. December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 3 The Land Use Plan in this area generally reflects the existing land use with only minor changes. This is common for the areas outside the city limits. The Plan shows a small amount of Commercial use at the proposed intersection of Kanis Road with the ‘West Loop’. Multifamily is shown as a transition from this Commercial to the Single Family surrounding. A large Public Institutional use area is shown to the north of this use grouping. The proposal had been for a hospital or school complex at this site. A second Public Institutional use area is shown along Kanis just east of Rock Creek. This too was to have been a school site. A small area of Neighborhood Commercial is also shown at the Stewart- Kanis-Denny Roads intersection. To the south, west and northwest is shown for Single Family. To the northeast across Rock Creek is generally shown for intense development Commercial and Office with some Multifamily. MASTER STREET PLAN: Kanis Road, Denny Road, Stewart Road, and the Proposed West Loop (Rahling- Edswood) are shown as Arterials on the plan. The primary purpose of an Arterial is to move vehicles and goods in and through the area. Direct access to these roads should be limited if provided at all. These roads are not currently built to standard, additional right-of-way and pavement are likely to be required with future developments. BICYCLE PLAN: A Class I Route is shown along Kanis Road, east of the West Loop and along the West Loop. Class I routes have a separate paved area from the motorized traffic and may parallel the street. If included with the sidewalk, the resulting pathway must be wide enough for both uses on both sides of the roadway. A Class II route is shown along Kanis Road, west of the West Loop. A Class II bikeway is located on the street as either a 5-foot shoulder or six foot marked bike lane. Additional paving and right of way may be required. PARKS: The Little Rock Parks and Recreation Master Plan indicates that most of the area included in this amendment is within 8-blocks of a public or private outdoor recreation area. It should be noted that there is a portion, which does not meet this standard. Additional recreational and outdoor space opportunities in this general area should be pursued based on the Plan. December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 4 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 initiative to review the Land Use Plan along Kanis Road from Chenal Parkway to Stewart Road was at the request of the Little Rock Board of Directors. This was made as the result of a Land Use Plan amendment just west of Chenal Parkway on the north side of Kanis Road to Commercial from Multifamily. Staff had been opposed to this change in part due to a concern it could lead to further commercial requests along Kanis, making Kanis lined with commercial from Chenal Parkway to at least the alignment of the proposed West Loop. The Board of Directors recognized that even though they felt the requested change should be made that Staff’s concerns should be addressed. As a result, Staff was instructed to work with the Little Rock Planning Commission to develop a revised Plan to address Staff’s concern about further commercialization of Kanis Road. Staff developed several options and presented these to the Plans Committee of the Little Rock Planning Commission. Two options were developed to present to the full Planning Commission. This was done at an Informal meeting of the Little Rock Planning. About this time several requests were made to amend the Land Use Plan in the vicinity, mostly to the north. The Planning Commission instructed staff to work with the Plans Committee and review the impacts of the requested changes with the corridor study underway. This was done and presentations on the various Land Use Plan Amendments were made to the Commission and City Board of Directors in the spring of 2006. The Land Use Plan study recommendation was developed and distributed to the affected property owners for comment. From this a final package was developed, which is now presented to the Planning Commission for consideration. The amendment area is outside the city limits of Little Rock but adjacent to the south and southwest. The major growth corridor of the City has been immediately to the northeast of the amendment area. New subdivisions have December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 5 been built during the last ten years to the northwest and northeast within the city. In addition, many large-lot (5 to 10 acre tract) subdivisions have been developed to the south, west and southwest outside the City of Little Rock. The overall development pattern has been set for the vicinity. That is moderate density north of Kanis Road with lower density development south of Kanis Road. Staff believes this is not just a current situation but also the likely future development pattern for the area. South of Kanis the land has been subdivided into tracts of five acres or more with large high-end homes constructed on each lot. This investment means that a major change is not likely. To the north are subdivisions of more suburban nature within the large ‘Chenal’ development. Even with the possibility of annexation in the future only limited densification is likely to the south of Kanis Road. Any change in use along Kanis Road with new development should be done in a manner that is sensitive to this development pattern both to the north and south of the road. The Plans Committee indicated that with the difficulty of getting multifamily development in many areas, areas already zoned for multifamily within the study area should not be changed if at all possible. This along with the density issue and the Board’s guidance to prevent a commercial ‘strip’ were the over arching principles used to guide the study. There are two large Public Institutional use areas shown on the Plan within the study area. Neither is developed at this time. This is not the standard practice of the City. That is the City only shows Public Institutional when the use exists or is about to develop. These two areas were shown on a Plan done by a private consultant for the City. Based on common practice of the City these two areas were determined to be areas where changes should be proposed. One Public Use area is east of Rock Creek along the south side of Kanis Road. All of the remaining land east of Rock Creek on the Plan is Commercial or Mixed Office Commercial. The zoning is currently Planned Commercial Districts, ‘R-2’ Single Family and a small area of ‘C-3’ General Commercial at the intersection with Chenal Parkway. Remembering the density issue, Staff and the Plans committee recommendation was for this area to be Suburban Office. This recognizes that the areas east of the creek are non-residential while attempting to ‘step-down’ in intensity as one moves west and south. The second Public use area on the Plan within the study area is along the alignment of the West Loop, likely to be Rahling Road extended, to the north of Kanis Road. This land is mostly in one ownership and is zoned MF-24, MF-18 (both multifamily zonings: one 18-units per acre, the other 24-units per acre) with some ‘O-2’ Office and Institutional zoning. The zoning pattern is based on the proposed alignments of Rahling Road, La Grande Drive and Champagnolle December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 6 Drive. All are Collectors or Arterials on the City Master Street Plan. The zoning pattern has been in place for approximately twenty years. Using the principle to maintain existing Multifamily zoned areas and increased density north of Kanis Road, the proposal became to change most of the area to Multifamily with a small area changed to Suburban Office (the Champagnolle-Rahling intersection). The commercial node at the intersection of Kanis Road with the West Loop was designed to be small. The major commercial was and is to be at Rahling Road and Chenal Parkway. When looking at the zoning and ownership pattern along the south side of Kanis it was determined that only a minor change was possible. This was to recognize the ownership with a large single-family home. Most of the tract is shown for Single Family and there is a large home on the site. The Multifamily had been shown as a transition from the commercial node to the single-family. Keeping in mind the lower density guide, the proposal is to remove the multifamily from the Plan for the southwest quadrant and show only Single Family for this area. On the north side of the ‘node’ the existing zoning and use goes beyond the current Commercial area into the area shown for Multifamily. Thus a change to expand the ‘node’ to more accurately display areas already committed to future commercial uses is proposed. A large amount of Low Density Residential is added to the northwest of the ‘node’. This is to provide a transition and reflect the increase in density to the north of Kanis Road. At the Denny-Kanis Road intersection is a Neighborhood Commercial Node. The proposal is to enlarge the node along the north side of Denny. This expansion more accurately reflects the already existing ‘C-1’ Neighborhood Commercial. There is one commercial use already in place at this intersection within the area proposed, which is only partially currently shown for Neighborhood Commercial. Also at this node, at the southwest corner of Stewart and Kanis Road an area is shown going to Single Family from Neighborhood Commercial. This reflects a recent request to split a tract for two single-family homes. In general, the package attempts to more accurately reflect the currently and likely future use pattern based on the zoning and currently use pattern. In addition the principals of maintaining existing zoned multifamily areas, removing non-developed Public Use areas and protecting the low density single-family areas to the south were used to develop an overall package for the corridor. NEIGHBORHOOD COMMENTS: Notices were sent to the Parkway Place Neighborhood Associations. Staff has received no comments from area residents at the time of this writing. December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 7 STAFF RECOMMENDATIONS: Staff believes the changes are appropriate. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) The item was placed on the consent agenda for deferral to December 21, 2006 to allow Staff time to review new information. By a vote of 9 for, 0 against (Rahman, Allen absent) the consent agenda was approved. STAFF UPDATE: Mr. Elmer Tucker contacted Staff prior to the Public Hearing and requested that his property at the southwest corner of Kanis and Stewart Roads not be changed on the Land Use Plan. Since the proposed package of changes was designed to more accurately reflect the existing and likely short-term future development pattern, Staff agrees with removal of the site. A property owner not within the areas suggested for changes, contact staff about including their property in the package of changes before the Commission. In order to accomplish this the item was deferred. Mr. Walter Murray provided staff with information on his site and a neighbor to the south across Kanis Road. These properties, 18520 and 18601 Kanis Road, are requesting Neighborhood Commercial on the Land Use Plan. Both are current Single Family with homes on them and a R-2 single-family zoning classification. Staff presented the revised package to the Plans Committee at their November 29, 2006 meeting. At that time Staff reviewed the purpose of the Study and the previously agreed to method for developing the package. The new changes were discussed. The addition is not consistent with the guidelines used for the Study: to prevent strip commercialization of Kanis, and to reflect the existing zoning/use pattern and the likely future development pattern for the area. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Walter Malone, Planning Staff, reviewed the area and reminded the Commission that this effort started a year ago with a re-classification. Mr. Malone went over each of the changes and the reasons for them. When staff sent out the notices to surrounding residents (supplemental notice) a couple of property owners December 21, 2006 ITEM NO.: C (Cont.) FILE NO.: LU06-19-07 8 asked to be included. This addition is a Single Family to Neighborhood Commercial area just east of the Denny-Kanis split on both sides of Kanis Road. Staff is not supportive of this change, since it could need to the commercialization of Kanis Road, (one of the things the study was to prevent). The Murray’s should explain the benefits to the change. Staff requested two votes. One on the original request and a second on the added area. Ms. Ruth Bell, League of Women Voters, addressed the Commission. She indicated the League supported the original package of changes but did not support the addition. The Commission asked if the Murrays were present. No one responded from the floor. After some discussion, the Commission decided it was appropriate to differ the additional area to allow the Murrays to be present and address the Commission, but not to hold up the entire package. A motion was made to differ to February 1, 2007 the additional area. By a vote of 11 for, 0 against the motion was approved. A second motion was made to approve the original package of changes. By a vote of 11 for 0 against the package was approved. December 21, 2006 ITEM NO.: D FILE NO.: LU06-19-08 Name: Land Use Plan Amendment - Chenal Planning District Location: South of Cantrell Road, east of Joe T. Robinson school Request: Low Density Residential, Suburban Office, and Single Family to Mixed Office Commercial Source: Tim Daters, White-Daters & Associates, Inc. PROPOSAL / REQUEST: The applicant has requested that this item be deferred to the December 21, 2006 agenda. Staff is supportive of this request. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) The item was placed on the consent agenda for deferral at the request of the applicant to December 21, 2006. By a vote of 9 for, 0 against (Rahman, Allen absent) the consent agenda was approved. STAFF UPDATE: The applicant has requested this item be deferred to the February 1, 2007 hearing to give staff more time for review. Staff is supportive of the request. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The item was placed on consent agenda for deferral to February 1, 2007. By a vote of 11 for, 0 against the consent agenda was approved. December 21, 2006 ITEM NO: E SUBJECT: Planning Commission receipt and acceptance of a proposed ordinance amendment package for 2006; directing the Plans Committee to proceed with review and forwarding the results of that review for public hearing. STAFF REPORT: The subjects in this proposal were offered by staff and citizens over the past several months. If the Commission accepts this material as the 2006 Work Program for ordinance amendments, staff will immediately distribute the material to contact persons. Comments received will be forwarded to the Plans Committee for inclusion within the discussion. Once the Plans Committee completes its review, the completed package will be returned to the Commission. PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2006) Staff presented the proposed amendment package and recommended that the Commission set the public hearing for November 9, 2006. There was no further discussion. The item was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. STAFF REPORT: The package of proposed amendments was reviewed by the Plans Committee at its October 4, October 18 and November 1, 2006 meetings. Upon the advice of the City Attorney, the proposal to allow for consideration of compatibility when reviewing preliminary plats has been dropped. Otherwise, with relatively minor changes, the proposed package is as was presented to the Commission on September 28, 2006. Staff recommends the Commission set December 21, 2006 as the public hearing date, with notification to the neighborhood associations and ordinance amendment contact list. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2006) Staff presented the proposed amendment package and recommended that the Commission set the public hearing for December 21, 2006, with notice to neighborhood associations and the ordinance amendment contact list. There was no further discussion. The item was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. December 21, 2006 ITEM NO.: E (Cont.) 2 STAFF REPORT: The package of proposed Ordinance Amendments was sent to over 200 individuals and organizations consisting of all neighborhood associations and coalitions and a contact list of design professionals and interested parties. Comments and questions were solicited by staff. As of this writing, staff has received only 3-4 informational inquiries. One change has been made since the draft was sent out. At the request of the Parks and Recreation Department, the proposal to move responsibility for reviewing development of Parks and Recreation zoned properties from the Planning Commission to the Parks and Recreation Commission has been pulled from the amendment package. Any additional comments received by staff will be forwarded to the Commission at the public hearing. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance Amendment package. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff presented the amendment package with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The amendment package was approved. December 21, 2006 ITEM NO.: F FILE NO.: Z-4969-D NAME: Spring Tree Village Revised Long-form PD-R LOCATION: Located South of Yarberry Lane and East of Doe Run on Spring Tree Drive DEVELOPER: Mike Smith 51 Westfield Court Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Parkway Little Rock, AR 72209 AREA: 29.34 acres NUMBER OF LOTS: 100 FT. NEW STREET: 4,500 LF CURRENT ZONING: R-2 and OS ALLOWED USES: Single-family and Open Space PROPOSED ZONING: PD-R PROPOSED USE: Single-family Residential VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 15,437 adopted by the Little Rock Board of Directors on February 16, 1988, established the Springtree Village Long-form PD-R. The approval included the development of 61 zero-lot line homes in two phases. The site included 1.5 acres of open space the developer would maintain until the City requested the area be dedicated as public open space. Ordinance No. 16,490 adopted by the Little Rock Board of Directors on September 21, 1993, revised the previously approved PD-R to allow Lots 1 and 4 of the Springtree Village Subdivision to install a metal patio cover over an existing concrete patio, fence the rear yard, move the rear building line from the location platted to coincide with the December 21, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4969-D 2 rear open space and utility easement and construct a metal storage building three feet off the rear and south property lines. Ordinance No. 19,524 adopted by the Little Rock Board of Directors on May 2, 2006, revised the previously approved Planned Residential Development to allow 18 previously platted lots to develop with 11 detached single-family homes. A request to revise the previously platted building lines was also approved which established zero lot line lots as a part of the original approval. The replat would include a 25-foot front platted building line with setbacks as established by the Zoning Ordinance or 25-foot rear yard and side yard setbacks of 10 percent of the width of the lot not to exceed eight feet. A. PROPOSAL/REQUEST: The applicant is now proposing a revision to the previously approved Planned Residential Development to allow the expansion of the previously approved zoning area. The current request includes the creation of 100 single-family lots contained on 29.34 acres located to the south and east of the previously approved area. The site plan indicates the homes will be constructed in four phases with 12 lots in the first phase, 31 lots in the second phase, 23 lots in the third phase and 34 lots in the final phase. Existing City streets, which were previously stubbed-out, will be constructed to allow additional accesses to the subdivision. The lots are indicated with an average lot size of 70-feet by 115-feet and a minimum lot size of 70-feet by 104-feet. Setbacks are proposed with a 25-foot front building line, a 25-foot rear yard setback and side yard setbacks of 10 percent of the lot width not to exceed eight feet. A maximum builidable area of 3,000 square feet is proposed. B. EXISTING CONDITIONS: The area is vacant with a scattering of trees. There are several homes, which have been constructed in the subdivision located to the north. In the general area there are a number of new single-family homes and new single-family subdivisions currently being developed. C. NEIGHBORHOOD COMMENTS: Southwest Little Rock United for Progress, the Deer Meadow Neighborhood Association, all owners of property located within 200-feet of the site and all residents, who could be identified, located within 300-feet of the site were notified of the public hearing. As of this writing, staff has received several informational phone calls from an area resident. December 21, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4969-D 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Traffic calming devices are required for long straight streets to discourage speeding. Traffic circles or round-abouts are suggested at regular intervals and at main intersections. Contact Nat Banihatti, Traffic Engineer at 379-1816 for additional information. Provide traffic calming devices on Springtree Drive and Springtree Circle. 2. Provide a letter prepared by a registered engineer certifying the site distance at the intersections comply with 2004 AASHTO Green Book standards. 3. With site development, provide the design of the streets conforming to the Master Street Plan. Construct one-half street improvements to the streets including a 5-foot sidewalk with the planned development. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 8. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 9. Sidewalks should be installed along Springtree Drive and Springtree Circle. 10. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact the Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: Approved as submitted. AT & T: No comment received. December 21, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4969-D 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a revision of a previously approved Planned Residential Development to allow the creation of 100 lots on this 29.34-acre tract for future single-family development. The request does not require a change to the Land Use Plan. Master Street Plan: Springtree Drive is shown as a Local Street on the Master Street Plan and Yarberry Lane is shown as a Collector. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class I bike route is proposed for south of this area according to the Master Street Plan Bicycle Section. 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. Landscape: No comment. December 21, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4969-D 5 G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed request indicating there were a few outstanding issues associated with the request. Staff requested the applicant provide a detailed bill of assurance for the proposed subdivision. Staff also requested the applicant provide the minimum square footage of the homes proposed for construction and the proposed building materials. Staff stated the request was a rezoning from R-2 and OS to PD-R expanding the previously approved Planned Development zoning area. Public Works comments were addressed. Staff stated traffic claming devices were required along straight streets. Staff stated traffic circles or round-abouts were suggested at regular intervals. Staff requested the developer verify the sight distances at intersections. Staff also stated the storm water detention ordinance applied to the development of the property. Staff stated sidewalks should be installed along Springtree Drive and Springtree Circle. The Committee indicated the sidewalks should be placed at the back of the right of way and not at the back of the curb. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the November 16, 2006, Subdivision Committee meeting. The applicant has indicated minimum square footage of the homes, the proposed building materials, provided a certification of the sight distances at intersections and indicated traffic calming devises along the straight streets. The minimum square footage of the homes proposed is 1,000 square feet of heated and cooled space. The proposed building materials are brick, wood and/or siding. The request includes a revision to the previously approved Planned Residential Development to allow an expansion of the total land area of the previously approved zoning area. The current request includes the creation of 100 single- family lots contained on 29.34 acres located to the south and east of the previously approved PDR site. The site plan indicates the homes will be constructed in four phases with 12 lots in the first phase, 31 lots in the second phase, 23 lots in the third phase and 34 lots in the final phase. Existing City streets, which were previously stubbed-out, will be constructed to allow additional accesses to the subdivision. December 21, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4969-D 6 The lots are indicated with an average lot size of 70-feet by 115-feet (8,050 square feet) and a minimum lot size of 70-feet by 104-feet (7,280 square feet). Setbacks are proposed with a 25-foot front building line, a 25-foot rear yard setback and side yard setbacks of 10 percent of the lot width not to exceed eight feet. A maximum builidable area of 3,000 square feet is being proposed. The site plan indicates fences will not be constructed by the home-builder but have been indicated to allow the future homeowners to place a fence if they desire. The fences will be placed along the side and rear yards of the new homes as typically allowed in single-family developments. Staff is supportive of the proposed request. The applicant is proposing the development of single-family homes through a planned residential development district consistent with single-family development per the Subdivision Ordinance. Staff feels the lots as proposed allow for adequate outdoor living area. The site is currently zoned R-2 and OS and identified as Single-family on the City’s Future Land Use Plan. The request includes the development of homes at a 3.4 unit per acre density, which is consistent with the density allowed per the Single-family Land Use Designation and is typical of new single-family subdivisions developing in the area. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the development of new homes in the area will not significantly impact the adjoining property owners. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the December 21, 2006, public hearing. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval subject to December 21, 2006 ITEM NO.: F (Cont.) FILE NO.: Z-4969-D 7 compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. December 21, 2006 ITEM NO.: G FILE NO.: Z-7593-C NAME: South Shackleford Hotel Short-form PCD LOCATION: Located in the 800 Block of South Shackleford Road DEVELOPER: David Patel 300 Markham Center Drive Little Rock, AR 72205 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Parkway, Suite A Little Rock, AR 72210 AREA: 0.74 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PD-C PROPOSED USE: 4-story 46 room hotel facility VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A rezoning request and a conditional use permit were originally filed for this site. The applicant proposed to rezone the site from O-3 to O-2 and also requested a conditional use permit to allow the construction of a five-story fifty-eight room hotel. On June 2, 2004, the applicant submitted a request that the conditional use permit be withdrawn, which was approved by the Little Rock Planning Commission at their June 17, 2004, Public Hearing. The accompanying rezoning request was to be amended to a PD-C. On July 15, 2004, the Little Rock Planning Commission denied a request to rezone the site to Planned Commercial Development to allow the placement of a hotel on this site. The applicant proposed the construction of a four story forty-six room hotel facility on the site. The proposal included the placement of 56 on-site parking spaces. The total December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 2 building height proposed was 45-feet. The applicant indicated a total of 26.42 percent or 6,758.57 square feet of landscaped area. The total floor area included 4,841.68 square feet on the first floor, 5,082.97 square feet on each of the remaining three floors for a total floor area of 20,090.59 square feet. A six foot monument style sign was proposed along Shackleford Road not to exceed the sign area allowed in office zones. A. PROPOSAL/REQUEST: The applicant is proposing the rezoning of this site to Planned Office Development to allow the placement of a four story hotel containing 42 rooms and 46 parking spaces. The site plan indicates the ground floor containing 5,300 square feet with the remaining three floors containing 6,120 square feet. The maximum height of the building is 52-feet. The site plan indicates the site contains 1.72 acres with 17.6 percent covered in building and 55.78 percent in paved area. The site plan indicates a single ground mounted monument style sign located along South Shackleford Road with a maximum height of six feet and a maximum sign area of sixty-four square feet. Building signage is proposed consistent with signage as typically allowed in commercial zones or a maximum of ten percent of the façade area. B. EXISTING CONDITIONS: The site is located in an area dominated by office uses and zoning. The predominant use is larger, multi-story office buildings on larger tracts. Other uses in the general vicinity include other hotels, a restaurant and a furniture store. The I-430 right-of-way is located across Shackleford Road, to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call from an area resident. The Birchwood and the John Barrow Neighborhood Associations, all property owners within 200 feet of the site and all residents, who could be identified, within 300 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. Sidewalks with appropriate handicap ramps are required to be installed along Shackleford Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 3 2. Private access is proposed for this lot. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. Sidewalks with access ramps should be installed along the 40 foot access easement on south side of site. 3. Parking space #1 should be removed because the vehicle in parking space #1 will back into the driveway and easement. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements. Contact Little Rock Wastewater Utility at 688-1414 for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from O-3 to Planned Commercial Development to allow the placement of a hotel on the site. The request does not require a change to the Land Use Plan. Master Street Plan: South Shackleford Road is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 4 urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on South Shackleford since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Walnut Valley Neighborhood Action Plan. While the neighborhood action plan has many goals pertaining to community redevelopment, it does not cover this issue. Landscape: 1. Compliance with the City’s Landscape and Buffer Ordinances is required. 2. The area along the northern property line falls below the nine foot (9’) wide minimum landscape strip. A variance from the City Beautiful Commission will be required. 3. Otherwise, areas set aside for landscaping appear to meet the City’s minimum landscape requirements. G. SUBDIVISION COMMITTEE COMMENT: (October 5, 2006) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the proposed development indicating there were a few outstanding issues associated with the request. Staff requested the applicant provide details of the proposed signage. Staff also requested Mr. McGetrick provide a note concerning the required screening. Public Works comments were addressed. Staff stated access to the proposed site should be constructed to public street standard. Staff also stated the parking space #1 should be removed because the vehicle in parking space #1 would back into the driveway easement. Landscaping comments were addressed. Staff stated the area along the northern perimeter fell below the nine foot minimum as required by the Landscape Ordinance. December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 5 Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 5, 2006, Subdivision Committee meeting. The applicant has indicated the proposed dumpster screening and included the total height and area of the proposed signage. The site plan has removed proposed parking space #1 as requested by Public Works. The revised site plan also indicates the minimum buffer along the northern perimeter. The revised site plan also indicates interior landscaping per the minimum requirements of the Landscape Ordinance. A 42-room hotel is required to have 46 on-site parking spaces based on one space per room plus an additional 10% for staff, etc. The applicant is proposing 46 on-site parking spaces as typically required. The parking is accessed via two driveways off of a 24-foot private driveway that serves this lot and other properties to the south. The hotel will not have any meeting rooms, restaurant or bar that might generate additional parking requirements. The applicant is requesting approval of a Planned Commercial Development to allow for the development of a 4-story, 42-room hotel on the site. The building will have 23,660 square feet and be 52 feet in height. The proposed hotel will not have a restaurant or meeting rooms. Signage is proposed to consist of a single ground-mounted sign on the Shackleford Road frontage which will comply with ordinance standards for office zones; 6 feet tall and 64 square feet in area. Wall signage is proposed on the front (east) façade complying with Ordinance Standards; 10% coverage. Staff is supportive of the request. Staff feels the development of a multistory building for a hotel with a relatively small number of rooms is compatible with uses and zoning in the area. The proposed site plan indicates parking, landscaping, building heights and signage consistent with typical minimum ordinance requirements for this type development. To staff’s knowledge there are no outstanding issues associated with the request. Staff feels the proposed development of the site for a hotel is an appropriate use for the site. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 6 PLANNING COMMISSION ACTION: (OCTOBER 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating applicant had submitted a request dated October 24, 2006, requesting this item be deferred to the December 7, 2006, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. A motion was made to waive the Commission’s By-laws with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made for placement of the item on the Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff relocating the structure and redesigning the proposed parking area. Previously staff supported the applicant’s proposal due to the site plan meeting most of the typical minimum ordinance requirements for a hotel development. This is no longer the case and staff no longer supports the request. The redesigned plan indicates the placement of a five story hotel with a total of 53 rooms and 38 on-site parking spaces. The site plan indicates 16 off- site parking spaces but the applicant has not provided staff with any written agreements from adjoining property owners indicating their willingness to provide the additional parking. Typically, a hotel facility is required one parking space per room plus an additional ten percent of the total parking spaces required for developments larger than 20 rooms for employees and non-guest users patronizing meeting rooms, restaurants and other facilities. The proposed hotel is not proposing the placement of meeting rooms, restaurants or other facilities. Based on the typical minimum parking required a hotel with 53 rooms would be required a total of 58 on-site parking spaces. The site plan indicates the placement of a nine-foot landscape strip along the northern perimeter, the minimum required by typical ordinance standard, a nine-foot eight-inch landscape strip along the southern property line and an eleven-foot one-inch landscape strip along the western perimeter adjacent to Shackleford Road. The indicated landscaping appears to comply with the typical minimum ordinance requirements per the Landscape and Zoning Ordinance. The site plan indicates the placement of a dumpster along the front side of the building. A note has been included indicting the dumpster will be screened per typical minimum ordinance standards. Signage has also been indicated on the site plan. The sign is proposed to comply with signage allowed in office zones or a maximum of six feet in height and sixty-four square feet in area. December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 7 As previously stated staff is not supportive of the request. The parking indicated on the site plan is not adequate to meet the typically minimum requirements of a hotel development. The parking is indicated at 65 percent of the typical minimum ordinance standard. Staff feels the development should more fully comply with the typical minimum ordinance standards. Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating the applicant had submitted additional information which they had not had time to review. Staff requested a deferral of the item to the December 21, 2006 public hearing to allow staff additional time to review the information. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff on December 7, 2006. The revised plan indicates the placement of a four-story hotel on the site with a total of 41 rooms. The site plan indicates the placement of 40 on-site parking spaces and three parallel spaces along the 40-foot access easement. The revised site plan does not indicate the placement of interior landscaping as required by minimal ordinance requirements. Staff is not supportive of the request as proposed. Staff does not feel the placement of the three parallel spaces along the service drive is appropriate. The service drive is indicated as a 40-foot access and utility easement. Typically access easements serving commercial developments are a minimum of 60-feet. Staff feels with the narrow drive the placement of the parking within the drive area will create an unsafe situation. The total parking required for a hotel facility with 41 rooms would be 45 parking spaces. The site plan, as indicated is a minimum of two parking spaces short of the typical minimum ordinance standard and if the three parallel spaces are removed the site plan will be five parking spaces short of the typical minimum ordinance standards. In addition, the site plan does not include interior landscaping as typically required by minimum ordinance standards. Staff feels once the interior landscaping is placed within the parking area, this will result in the loss of additional parking spaces available to serve the development. Staff recommends denial of the request as filed. December 21, 2006 ITEM NO.: G (Cont.) FILE NO.: Z-7593-C 8 PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a letter dated December 21, 2006, requesting the item be withdrawn from consideration without prejudice. Staff stated the withdrawal request would require a waiver of the Commission’s By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request and the By-law waiver. There was no further discussion of the item. The Chair entertained a motion for the waiver of the Commission’s By-laws with regard to the late withdrawal request. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. December 21, 2006 ITEM NO.: H FILE NO.: Z-7723-B NAME: Treadway’s Revised Short-form PCD LOCATION: Located at 1115 Jefferson Street DEVELOPER: Calvary Bread of Life Ministries International Kingsley Eruemulor P.O. Box 21202 Little Rock, AR 72221-1202 ENGINEER: Blaylock-Threet Engineers, Inc. 1501 Market Street Little Rock, AR 72211 AREA: 0.32 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: Church and C-3 uses PROPOSED ZONING: Revised PCD PROPOSED USE: Remove the required on-site parking VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,181 adopted by the Little Rock Board of Directors on September 21, 2004, established Treadway Short-form PCD. The request included a replat of Lots 1 and 2, Block 30 of the Cunningham’s Addition to the City of Little Rock. Each of the lots contained individual buildings, which were constructed over lot lines several years ago. The indicated lots were zoned C-3, General Commercial District which typically required a 100-foot lot width, 14,000 square foot lot area and setbacks of 25-feet front yard, 25- feet rear yard and 15-feet side yard. The proposed plat indicated lot widths of 85-feet December 21, 2006 ITEM NO.: H (Cont.) FILE NO.: Z-7723-B 2 and 55-feet, a lot area of 8,500 square feet and 5,500 square feet and reduced front, side and rear yard setbacks. A three year deferral of the required street improvements associated with the redevelopment of Lot 2R was approved. The improvements to Lot 1 R were tied to the redevelopment of Lot 1R. An in-lieu contribution based on fifteen percent of the total building addition cost to be paid at the end of the three year deferral was approved. The approved plan indicated the placement of 21 on-site parking spaces shared between the two lots. The proposed uses of the site would include the development of a church on Lot 2R and commercial uses as allowed under the C-3, General Commercial District zoning classification for Lot 1R. The approved site plan did not include the placement of landscaping on the site. Due to the limits of size and setbacks of the site landscaping would be an extreme hardship and reduce the number of parking spaces on the site. A request to revise the previously approved Planned Commercial Development to expand the allowable uses for the site was to be considered by the Commission at their October 26, 2006, public hearing. The applicant proposed to amend the previously approved Planned Commercial Development for Lot 1R to add sales and service and customizing of automotive vehicles as specified by individual clients as an allowable use. Customization was to include installation of stereos and other unique décor; modification of auto parts, both interior and exterior, which would require disassembly and reassembly; installation of decorative parts; and painting murals on vehicles. The applicant later requested the item be withdrawn from consideration. The Commission approved this withdrawal request at their October 26, 2006, public hearing. A. APPLICANT’S STATEMET/PROPOSAL/REQUEST: On August 30, 2005, the Calvary Bread of Life Ministries Family entered into a written agreement with Central Regional Construction, owned by Mr. Terry Jackson, concerning the renovation of the church building located at 1115 Jefferson Street. The church was quoted a renovation price of $92,129.64 with the understanding that one of the walls of the former church building would remain. The church requested a change on the roof of the structure. The church was required to pay an additional $34,834.20. The church has paid the construction cost. After a number of meetings and telephone calls with Mr. Jackson, the church realized that there was no validity in his statements and inquired help in finding what could be done to move the contract forward in the time frame set for completion. The Church checked with the Arkansas State contractors License Board which indicated he was not licensed to do commercial property work over $20,000.00. Mr. Jackson’s license is authorized for residential construction only. December 21, 2006 ITEM NO.: H (Cont.) FILE NO.: Z-7723-B 3 After checking with the City of Little Rock, it was determined he had not followed City guidelines nor City construction codes. The Church is now required to construct a new building on the site. With the construction of the new building, there will be no on-site parking. B. EXISTING CONDITIONS: The site contains two non-residential buildings; one accessed from West 12th Street, the second from Jefferson Street. West 12th Street is a four lane roadway with turn-lanes at intersections, recently resurfaced. Jefferson Street is a narrow roadway with open ditches for drainage and no sidewalk, curb or gutter in place. To the north of the site are single-family homes and to the southeast and southwest are non-residential retail uses. Across West 12th Street is a multi- family development, Madison Heights. C. NEIGHBORHOOD COMMENTS: As of this writing, Staff has received one phone call from an area resident. The Hope and the Forest Hills Neighborhood Associations, all property owners within 200 feet of the site and all residents, who could be identified, within 300 feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 12th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline (reduced standard right-of- way) will be required. Public Works files show the right-of-way dedication required by the original application has yet to be dedicated. Provide dedication or proof of dedication. 2. The proposed land use would classify Jefferson Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. Public Works files show the right-of-way dedication required by the original application has yet to be dedicated. Provide dedication or proof of dedication. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Jefferson and 12th Streets. Public Works files show the right-of-way dedication required by the original application has yet to be dedicated. Provide dedication or proof of dedication. 4. With final platting, provide the design of the street conforming to the Master Street Plan. Construct one-half street improvements to these streets including a 5-foot sidewalk with the planned development. Ordinance No. 19,182 for a 5 year deferral of construction of street improvements on Jefferson and 12th Streets was adopted by the BOD on September 21, 2004. 5. The proposed parking configuration will cause vehicles to back onto 12th Street creating unsafe conditions. At the expiration of the street deferral, the December 21, 2006 ITEM NO.: H (Cont.) FILE NO.: Z-7723-B 4 curb cuts on 12th Street and Jefferson Street must be removed and a shared access taken off Jefferson Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revised short-form PCD to allow expansion of a previously approved building area reducing the setbacks along the southern and eastern perimeters. The request does not require a change to the Land Use Plan. Master Street Plan: Jefferson Street is shown as a Local Street on the Master Street Plan. Local Streets with non-residential uses along them must be constructed to a wider cross section. This street may require dedication of right- of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class III bike route is shown south of this property on 12th Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. December 21, 2006 ITEM NO.: H (Cont.) FILE NO.: Z-7723-B 5 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Neighborhood Action Plan. The neighborhood plan does not address this topic. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. Landscaping may be required in conjunction with any new on-site parking. 3. The landscape ordinance and the buffer ordinance require a minimum of six foot, nine inches (6’-9”) of landscaped area along Jefferson Street. A variance from this minimum requirement will require approval from the City Beautiful Commission. G. SUBDIVISION COMMITTEE COMMENT: (November 16, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested the applicant provide a copy of the executed replat for the lot as indicated on the site plan. Public Works comments were addressed. Staff stated the previous approval required dedication of right of way along 12th and Jefferson Streets. Staff stated to date this right of way had not been received. Staff also stated the proposed parking configuration required cars to back into 12th Street which was not acceptable. Landscaping comments were addressed. Staff stated landscaping may be required in conjunction with any new on-site paving. Staff also stated the landscape and buffer ordinances required a minimum of six feet nine inches of landscaped area along Jefferson Street. Staff stated a variance from the City Beautiful Commission would be required if a reduced landscaped area was proposed. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has provided staff with the replat of the proposed lots. The plat does not indicate the right of way dedication as requested by Public Works. Staff recommends the applicant provide a deed document dedicating the right of way per the Master Street Plan prior to the Board of Directors acting on this request. December 21, 2006 ITEM NO.: H (Cont.) FILE NO.: Z-7723-B 6 The revised site plan indicates the placement of the building 5.6 feet from the northern property line and eight feet from the southern property line. The building is proposed at 6.5 feet from the eastern property line and 18.2 feet from the western property line or Jefferson Street. Once the right of way is dedicated this setback will be reduced to 13.2 feet. The site plan will be able to achieve the required landscape strip along Jefferson Street. The ordinance would typically require a landscape strip with a minimum of 6.9-feet. There are no new on-site paved areas proposed. The site plan does not indicate the placement of any on-site parking. With the current building expansion, the previously proposed parking is no longer available since the building is situated over a portion of the parking area. Staff is supportive of removing the indicated parking from the approved site plan. There are eleven spaces indicated on the site plan on the adjoining lot which the applicant has indicated they have an agreement to utilize during church services. In addition, the church utilizes parking across Jefferson Street from an adjoining business. Staff feels the use of Lot 2R should be tied specifically to a church with no increase in seating capacity than the current proposal. Since this is a small congregation, staff does not feel the limited number of parking spaces will adversely impact the adjoining properties. Staff feels with the use being tied to a church with no increase in seating capacity staff feels there should be minimal impact on the adjoining properties and the area. To staff’s knowledge there are no remaining outstanding issues associated with the request. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. Staff recommends the applicant provide a deed document dedicating the right of way per the Master Street Plan prior to the Board of Directors acting on the request. PLANNING COMMISSION ACTION: (DECEMBER 7, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the November 16, 2006, Subdivision Committee meeting. Staff December 21, 2006 ITEM NO.: H (Cont.) FILE NO.: Z-7723-B 7 presented a recommendation of deferral of the item to the December 21, 2006, public hearing. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the above agenda staff report. Staff also presented a recommendation the applicant provide a deed document dedicating the required right of way per the Master Street Plan prior to the Board of Directors acting on the request. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for approval. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. December 21, 2006 ITEM NO.: I FILE NO.: LA-0013 NAME: I-430 & Col. Glenn – Hockersmith Timber Harvest LOCATION: Southwest corner of I-430 & Colonel Glenn Road APPLICANT: Glenn Ridge Crossings, LLC. APPLICANT AGENT: Steve Hockersmith AREA: Approximately 33 acres CURRENT ZONING: O2 VARIANCES/WAIVERS REQUESTED: Conduct land alteration activities, harvest timber, with construction not being imminent as required by the Land Alteration Regulations, Sec. 29-186(b). A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 33 acres located at the southwest corner of I-430 and Colonel Glenn south of the Rave Theater with construction not being imminent. B. EXISTING CONDITIONS: These 33 acre O2 zoned property is located at the end of Bowman Plaza Road. Interstate 430 is located to the east of the property and the site plan shows a 50 ft undisturbed buffer located between the property and I-430. On the north, the property is bordered by an O2 zoned property that is already cleared. Also, to the north, are an undeveloped lot and a future phase of the Southern Automotive Dealership which is currently under construction. Located to the south is tree covered property zoned R2. The property located to the west is J. A. Fair High School. A 50 ft undisturbed buffer is shown to be located between the property and the school. C. SUBDIVISION COMMITTEE COMMENTS: (August 24, 2006) The applicant was present. Staff stated no information has been provided except the application and a site plan. A forestry management plan had yet to be submitted for staff review. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. December 21, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LA-0013 2 D. STAFF RECOMMENDATION: This application was previously withdrawn from the August 1, 2006 Planning Commission agenda due to a forestry management plan had not been submitted as required by code. Staff did receive a forestry management plan for review on August 31, 2006. Due to the lack of information in that plan, staff did not have sufficient time or information for review prior to preparation of staff recommendation and comments. Staff recommends deferral of the request to the September 28, 2006. E. PLANNING COMMISSION: (September 14, 2006) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating they had received the requested forestry management plan but it appeared the plan was lacking critical information to complete the review process. Staff stated due to the lack of information in the plan and staff had not had sufficient time to complete the review, a recommendation of deferral of the request to the September 28, 2006 public hearing was presented. F. PLANNING COMMISSION: (September 28, 2006) Staff informed the Commission that the application needed to be deferred to the October 26, 2006 agenda in order for the applicant to submit additional information. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 26, 2006 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, and 2 absent. G. STAFF UPDATE: The applicant submitted a request dated October 11, 2006, requesting this item be deferred to the December 7, 2006, public hearing. Staff is supportive of the deferral request. H. PLANNING COMMISSION: (October 26, 2006) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a request dated October 11, 2006, requesting the item be deferred to the December 7, 2006, public hearing. Staff stated they were supportive of the deferral request. There was not further discussion of the item. The chair entertained a motion for placement of the item on the Consent Agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes, and 1 absent. December 21, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LA-0013 3 I. STAFF UPDATE: The applicant submitted a revised timber harvest plan dated December 6, 2006. Due to the lack of sufficient time for review prior to preparation of staff recommendation and comments. Staff recommends deferral of the request to the December 21, 2006. J. PLANNING COMMISSION: (December 7, 2006) Staff informed the Commission that staff needed to defer this item to the December 21, 2006 agenda in order for staff to review the latest submitted timber harvest plan. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 21, 2006 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays, and 1 absent. K. ENGINEERING COMMENTS: 1. Per Sec. 29-187(e)(2), provide a forestry management plan prepared by a registered forester or certified arborist using best management practice guidelines for silviculture in urban areas. Provide in report the health and conditions of trees; estimated # of trees on site by variety and size; describe activities to be conducted on site; and schedule to perform work. 2. Per Sec. 29-187(e)(2), clear cutting or total harvest shall not be allowed. 3. Harvest activities must comply with state and federal forestry harvest techniques and code. Damage to offsite property must be repaired by the applicant in a timely manner. 4. Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional requirements. 5. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 7. Erosion controls must be installed to reduce discharge of polluted stormwater. Additional silt fence should be installed along drainage path located near the middle of the property on the southern property line. December 21, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LA-0013 4 8. The “50 ft do not disturb” and “50 ft open space buffer” verbage on the western, southern, and eastern property lines should be deleted and replaced with “50 ft buffer area to remain undisturbed”. 9. Per Sec. 29-190(14), a perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be undisturbed except for reasonable access for maintenance. The width of the strip shall be six (6) percent of the lots width and depth. The minimum width shall be 25 ft and the maximum shall be 40 ft. In no event shall the temporary strips be less than the width of the permanent buffers required for the development. A 40 ft temporary buffer strip should remain on the northern property line. L. ANALYSIS: The Land Alteration Regulations specifically state it to be unlawful to harvest timber on property which is not exempt by zoning, size, and construction is not imminent. The regulations go further though and allow the applicant to request a variance from the Planning Commission for timber harvests other than clear cutting or total harvests. The Timber Harvest Plan (“the plan”) shows the approximate 28.5 acres of the total 33 acres to be harvested. The 28.5 acres contains about 31,585 trees or 1100 trees per acre. The trees consist of mainly pine pulpwood, pine saw logs and hardwood pulpwood. The plan targets the removal of approximately 400 trees per acres, leaving about 700 trees per acre. These projections equal a harvest of about 36% of the trees. The plan shows a 50 foot undisturbed buffer to remain along the western, southern and eastern property boundaries. The Land Alteration regulations also require a 40 ft buffer to remain on the northern property line. Access to the harvest area will be taken from Bowman Plaza Drive following installation of at 50 ft stone tracking pad. The plan states the tops and limbs of the trees will be burned or mulched on the site. The applicant must contact the Little Rock Fire Departments for burn permits and any additional requirements. Silt fence is shown to be installed across the drainage paths located on the west, southwest, southeast and east portions of the harvest area. Additional silt fence should be installed across the second drainage path on southwest corner of the property. The applicant has agreed to comply with Little Rock Code and all Public Works recommendations and comments. Vegetation will be established on disturbed areas within 21 days of completion of the harvest activities. All erosion controls and tracking pads will be installed prior to beginning activities. A grading permit application will submitted by the applicant to Public Works for issuance of a grading permit prior to beginning the harvest. At completion of the harvest, all December 21, 2006 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: LA-0013 5 disturbed areas will be mulched or seeded to establish vegetation. Staff is required to be contacted at conclusion of harvest and seeding for final inspection. At the time of writing, staff has not received proof of notice to adjacent property owners. At the time of writing, staff has not received any phone calls or letters from adjacent property owners pertaining to this request. M. STAFF RECOMMENDATION: The plan shows about 36% of the trees to be harvested. A similar variance was granted in July, 2006 for harvesting approximately 33% of timber on a 24 acre property located on Alexander Road just west of Vimy Ridge Road. Based on the amount of timber to be harvested, the proposed undisturbed buffers, and no opposition from adjacent property owners, staff recommends approval of the request subject to staff comments and recommendations. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 noes. The application was approved. December 21, 2006 ITEM NO.: 1 FILE NO.: G-23-371 Name: Alley Right-of-Way Abandonment Block 16, Pope’s Addition Location: Block bounded by East 3rd, East 4th, Rock and Commerce Streets Owner/Applicant: River Market South LLC, Tuf-Nut Lots LLC, J.A.P. Corporation and Creative Capital Corp./Rett Tucker Request: To abandon the north/south 20-foot wide alley right-of-way (20 feet by 300 feet) located within Block 16, Pope’s Addition. Purpose: To incorporate the right-of-way into adjacent property to allow a full block development including condos, retail and a hotel. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. Three (3) of the utilities request all or part of the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. If utilities are present, alley must be maintained as an utility easement with abandonment. B. Master Street Plan: There are no Master Street Plan issues, as the right-of-way is not classified as a Collector Street or higher. C. Characteristics of Right-of-Way Terrain: The alley right-of-way is currently paved and serves as through access between East 3rd and East 4th Streets. December 21, 2006 ITEM NO.: 1 (Cont.) FILE NO.: G-23-371 2 D. Development Potential After abandonment, the right-of-way will be incorporated into the properties to the east and west for future development. Future development includes an urban plaza, which will be part of a full block development featuring condos, retail space and a hotel. E. Neighborhood and Land Use Effect The Tuf-Nut building and paved parking is located within the east half of the block, with paved parking within the southwest quarter of the block. The northwest quarter of the block is currently being used as a construction staging area for the new building construction at East 3rd and Cumberland (northeast corner). F. Neighborhood Position The Downtown, MacArthur Park and River Market District Neighborhood Associations were notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. Retain north ten (10) feet of the alley for an easement. Entergy: No objection to abandonment. Retain entire area as a utility easement. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Retain 10-foot easement for existing cable. Water: No objection to abandonment. H. Reversionary Rights The alley right-of-way was dedicated as part of Block 16, Pope’s Addition to the City of Little Rock. All reversionary rights will extend equally to the owners of the adjacent lots within the block. December 21, 2006 ITEM NO.: 1 (Cont.) FILE NO.: G-23-371 3 I. Public Welfare and Safety Issues Abandoning this alley right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has expressed no objection to the abandonment request. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) Rett Tucker was present, representing the application. Staff presented the application, noting that letters from the utility companies and abstract work were needed. Mr. Tucker presented staff with the documents. Mr. Tucker briefly discussed the future development of the block. The issue of utility easements was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the abandonment of the 20 foot wide north/south alley right-of-way located within Block 16, Pope’s Addition, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 2 FILE NO.: G-23-372 Name: East Crestwood Drive – Right -of-Way Abandonment Location: Between 4901 and 4916 East Crestwood Drive (Lots 18 and 19, Prospect Terrace Addition) Owner/Applicant: The Joyce C. Dillingham Revocable Trust and Howard and Stacy Hurst/Bryan Jeffrey Request: To abandon the 40-foot wide East Crestwood Drive right-of-way located between Lots 18 and 19, Prospect Terrace Addition (approximately 40 feet by 100 feet). Purpose: To incorporate the right-of-way into the adjacent single-family lots for landscaping and driveway. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. Two (2) of the utilities request all of the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. The right-of-way should be maintained as a drainage and utility easement and the curb re-installed across the right-of-way. B. Master Street Plan: There are no Master Street Plan issues, as the right-of-way is not classified as a Collector Street or higher. C. Characteristics of Right-of-Way Terrain: The area of proposed abandonment is currently a paved residential street connecting Crestwood Street to Kavanaugh Boulevard. December 21, 2006 ITEM NO.: 2 (Cont.) FILE NO.: G-23-372 2 D. Development Potential After abandonment, the area of right-of-way will be incorporated into the adjacent single-family lots to the east and west for residential use, including landscaping and driveway. As noted in paragraph A., the new owners will be required to re-install curb and gutter along East Crestwood Drive and Kavanaugh Blvd., adjacent to the abandoned right-of-way. E. Neighborhood and Land Use Effect The properties to the east, west and south are zoned R-2 and contain single-family residences. The property across Kavanaugh Blvd. to the north is zoned PR and part of a park property. F. Neighborhood Position The Prospect Terrace and Heights Neighborhood Associations were notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. Entergy: No objection to abandonment. Retain area of abandonment as a utility easement. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Water: No objection to abandonment. Retain entire area of abandonment as a utility easement. H. Reversionary Rights According to the Bill of Assurance the abandoned right-of-way would be conveyed to the successors of Sidney L. Kahn and Helen Rose Kahn, the original subdividers. An agreement has been reached to convey the abandoned right-of-way to the owners of Lots 18 and 19, Prospect Terrace Addition. December 21, 2006 ITEM NO.: 2 (Cont.) FILE NO.: G-23-372 3 I. Public Welfare and Safety Issues Abandoning this alley right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has expressed no objection to the abandonment request. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) Bryan Jeffrey was present, representing the application. Staff presented the right-of-way abandonment application. Staff noted that there appeared to be no outstanding issues with the application. In response to a question from the staff, Mr. Jeffrey noted that after abandonment the new owners would install curb and gutter. After the brief discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the abandonment of the 40-foot by 100-foot portion of East Crestwood Drive right-of-way located between Lots 18 and 19, Prospect Terrace Addition, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 3 FILE NO.: G-23-373 Name: Polk Street – Right -of-Way Abandonment Location: Adjacent to 5500 Country Club Blvd. (Lot 14, Block 8, Newton’s Addition) Owner/Applicant: David and Donna Cone/Stephen Giles Request: To abandon the west 15 feet of the Polk Street right-of-way (15 feet by 140 feet) located adjacent to Lot 14, Block 8, Newton’s Addition to the City of Little Rock. Purpose: To incorporate the area of abandonment into the adjacent lot for construction of a new single- family residence. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. One (1) of the utilities requests part of the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. The projection of the proposed home in the right-of-way requested to be abandoned does not appear to be out of place with the neighboring properties. This stretch of Polk Street is unimproved. If curb and gutter is proposed to be installed, plans must be approved by Public Works prior to installation. No structures are allowed to be placed in the future right-of-way. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Polk Street and Country Club Boulevard. The radial dedication should begin at the new proposed right-of-way line on Polk Street. B. Master Street Plan: There are no Master Street Plan issues, as the right-of-way is not classified as a Collector Street or higher. December 21, 2006 ITEM NO.: 3 (Cont.) FILE NO.: G-23-373 2 C. Characteristics of Right-of-Way Terrain: The area of abandonment is currently undeveloped and used as yard space for the residence at 5500 Country Club Boulevard. D. Development Potential After abandonment, the property owner of Lot 14, Block 8, Newton’s Addition (5500 Country Club Blvd.) proposes to remove the existing house and construct a new single-family residence. The new residence would extend approximately 7.5 feet into the 15-foot wide area proposed for abandonment. E. Neighborhood and Land Use Effect The area of proposed abandonment is surrounded entirely by R-2 zoned property and single-family residences. F. Neighborhood Position The Heights Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. Retain south ten (10) feet of abandonment for an easement. Entergy: No objection to abandonment. Centerpoint Energy: No objection to abandonment. AT&T (SBC): No objection to abandonment. Water: No objection to abandonment. H. Reversionary Rights The Polk Street right-of-way was dedicated with the original subdivision of Newton’s Addition to the City of Little Rock. The reversionary rights will extend to the owner of Lot 14, Block 8, Newton’s Addition for this portion of the west half of the right-of-way. December 21, 2006 ITEM NO.: 3 (Cont.) FILE NO.: G-23-373 3 I. Public Welfare and Safety Issues Abandoning this alley right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has expressed no objection to the abandonment request. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) Stephen Giles was present, representing the application. Staff presented the application, noting that some additional documentation was needed. Mr. Giles briefly discussed the proposed use of the right-of-way after abandonment. Public Works noted that a 20-foot radial dedication was required at the intersection of Polk Street and Country Club Blvd. The issue of sidewalks was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the abandonment of the 15-foot by 140-foot portion of the Polk Street right-of-way located adjacent to Lot 14, Block 8, Newton’s Addition, subject to the south 10 feet of the right-of-way being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 4 FILE NO.: Z-8143 NAME: Butler Day Care Family Home – Special Use Permit LOCATION: 8600 Shiloh Drive OWNER: Acy and Linda Butler APPLICANT: Acy and Linda Butler PROPOSAL: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 8600 Shiloh Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Shiloh Homeowners Association and SWLR United for Progress were notified of the public hearing. B. Staff Analysis: 8600 Shiloh Drive is located on the north side of Shiloh Drive, east of Mabelvale Cut-Off. All surrounding properties are zoned R-2 and contain single-family residences. The applicant’s home is a one-story brick and frame structure, and is typical of those in the general area. The applicants propose to operate the day care family home from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicants have noted that there will be one (1) part-time employee as required by the State Department of Human Services. There is a two-car wide concrete driveway from Shiloh Drive, with parking for six (6) vehicles including the garage. Staff feels this will allow sufficient space for drop-off and pick-up of children. On inspection of the site, staff observed no vehicles parked on unpaved areas. Staff also observed no vehicles on the site, which were not operational. The applicant is currently licensed by the State to care for up to five (5) children at this location. The applicant is in the process of being licensed by the State for up to ten (10) children. The principal use of the property will remain single family residential. No signage beyond that allowed in single-family zones will be permitted. The December 21, 2006 ITEM NO: 4 (Cont.) FILE NO.: Z-8143 2 applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1977 and appears to still be in effect. The Bill of Assurance contains the following language: “Lots in this subdivision shall be used for residential purposes only.” Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. December 21, 2006 ITEM NO: 4 (Cont.) FILE NO.: Z-8143 3 k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issue associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) Acy Butter was present, representing the application. Staff presented the application to the Committee. Staff noted that there were no outstanding issues, as the application appeared to comply with all ordinance requirements. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 8600 Shiloh Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 360-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to daylight hours. December 21, 2006 ITEM NO: 4 (Cont.) FILE NO.: Z-8143 4 PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Acy Butler was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Acy Butler addressed the Commission in support of the application. He explained that he and his wife have cared for up to five (5) children since October, and have had no complaints from neighbors. He noted that the net increase would be only two (2) children, since he had three (3) children of his own which would have to be counted. Commissioner Laha asked if any therapists would visit the site. Mr. Butler stated that only the State would make occasional inspections of the site. There was a brief discussion of the notification process. Commissioner Adcock asked if food would be delivered to the site. Mr. Butler stated that there would be no deliveries and food would be prepared on site. Ruth Bell addressed the Commission in support of the application. She expressed support of day care family homes being operated in compliance with City and State standards. Darryl Laws addressed the Commission in opposition. He noted the proposed day care family home violated the Subdivision Bill of Assurance. Cindy Dawson, City Attorney noted that a day care family home is not considered a commercial use, as the principal use of the property remains single family. She noted that enforcement of the Bill of Assurance could be pursued by the neighborhood. Mr. Laws questioned the notification procedure. Staff explained that notices were sent to 20 property owners within 200 feet of the site and 25 residents within 300 feet. Staff noted that the SWLR United for Progress and Shiloh Neighborhood Associations were mailed notices on November 16, 2006. There was additional discussion of the notice issue. Mr. Butler submitted a petition of support from surrounding neighbors. He noted that many of the neighbors supported his day care use. There was a brief discussion of how many day care family homes could go in this neighborhood. There was a motion to approve the Special Use Permit as recommended by Staff. The motion passed by a vote of 8 ayes and 3 nays. The application was approved. December 21, 2006 ITEM NO.: 5 FILE NO.: Z-8140 Owner: M. E. Seckt LTD Co. Applicant: Chuck Clifton Location: 4720 West Markham Street Area: 0.16 Acre Request: Rezone from R-3 to O-3 Purpose: Real Estate Office Existing Use: Single family residence SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-3 South – Arkansas State Health Department complex (across West Markham Street); zoned R-2 East – Office and commercial uses (along West Markham Street); zoned O-3, C-1 and C-3 West – Single family residences (across N. Spruce Street); zoned R-3 A. PUBLIC WORKS COMMENTS: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline is usually required. Due to the location of the structure and fence in relationship to the street, dedicate to 1 foot south of the existing fence. 2. A 20-foot radial dedication of right-of-way is required at the intersection of Markham and Spruce Street. 3. Spruce Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #5 (West Markham Route). December 21, 2006 ITEM NO: 5 (Cont.) FILE NO.: Z-8140 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 Hillcrest Residents Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Heights-Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from R-3 Single Family District to O-3 General Office District. The request does not require a change to the Land Use Plan. Master Street Plan: West Markham Street is shown as a Minor Arterial on the Master Street Plan. The street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street since it is a Minor Arterial. Bicycle Plan: According to the Master Street Plan Bicycle section, a Class III bike route is shown just west of this location on North Monroe Street. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class II bicycle route signage may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal has this objective relevant to this case: “Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is once again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses.” E. STAFF ANALYSIS: M. E. Seckt LTD Co., owner of the 0.16 acre lot at 4720 West Markham Street, is requesting to rezone the property from “R-3” Single Family District to “O-3” General Office District. The property is located at the northeast December 21, 2006 ITEM NO: 5 (Cont.) FILE NO.: Z-8140 3 corner of West Markham Street and N. Spruce Street. The rezoning is proposed to allow use of the existing building as a real estate office. There is currently a one-story frame single family structure on the property. There is a paved alley along the rear (east) property line. The alley does not extend the entire length of the block. The alley ties into a paved parking lot for the office use immediately to the east. The general area contains a mixture of uses and zoning. The State Health Department facilities are located across West Markham Street to the south. There are single family residences to the north and across N. Spruce Street to the west. There is a mixture of office and commercial uses further west. There is also a mixture of office and commercial uses to the east, along the north side of West Markham Street. The City’s Future Land Use Plan designates this property as “Office”. The requested O-3 zoning does not require an amendment to the Land Use Plan. Staff is not supportive of the requested rezoning. The City’s Zoning ordinance requires O-3 zoned lots to have a minimum of 14,000 square feet. The property in question is only 7,000 square feet in area. Given the fact that the applicant wishes to utilize the existing residential structure as an office and that there are adjacent single family residences to the north and west, staff recommends the applicant file for a “PZD” Planned Zoning Development. Staff feels that site plan issues such as maintaining the residential appearance of the property, parking design, lighting, signage, etc. should be addressed with the property’s proposed change in use. If the applicant were to secure the additional lot or two to the north for an overall redevelopment, staff could possibly support as O-3 zoning, as was the case with the office building immediately to the east. Staff believes that rezoning only one (1) residential lot at this location could have an adverse impact on the adjacent residential property. F. STAFF RECOMMENDATION: Staff recommends denial of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 19, 2006 requesting the application be deferred to the March 1, 2007 Agenda. Staff supported the deferral request. December 21, 2006 ITEM NO: 5 (Cont.) FILE NO.: Z-8140 4 With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 1, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. December 21, 2006 ITEM NO.: 6 FILE NO.: Z-8141 Owner: Pauline Myers Applicant: Joe White, White-Daters and Associates Location: 11701 West 36th Street Area: 2.04 Acres Request: Rezone from R-2 to O-3 Purpose: General Office Use Existing Use: Single family residential SURROUNDING LAND USE AND ZONING North – Church at Rock Creek development and undeveloped property (across West 36th Street); zoned POD and R-2 South – Undeveloped property; zoned OS, R-2 and C-2 East – Single family residence on large lot and undeveloped property; zoned R-2 and MF-12 West – Single family residences on large lot; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. 36th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With future site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to 36th Street including 5-foot sidewalks with future development. 3. The subject property is in the 100-year floodplain. Any future development or expansion will be subject to the City of Little Rock floodplain regulations. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route #14 (Rosedale Route) runs along Shackleford Road and West 36th Street to the east. December 21, 2006 ITEM NO: 6 (Cont.) FILE NO.: Z-8141 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 Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a rezoning from R-2 Single Family District to O-3 General Office District. The request does not require a change to the Land Use Plan. Master Street Plan: West 36th Street is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on West 36th Street since it is a Minor Arterial. Bicycle Plan: A Class II bike route is shown on West 36th Street according to the Master Street Plan bicycle section. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Pauline Myers, owner of the 2.04 acres located at 11701 West 36th Street, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed to utilize the existing residential structure as an office use. There is currently a one-story rock and frame single family residential structure located within the south half of the property. There are several December 21, 2006 ITEM NO: 6 (Cont.) FILE NO.: Z-8141 3 accessory buildings (garage and barn-type structure) located on the east and south sides of the residential structure. The general area contains a mixture of zoning and a large amount of undeveloped property. The Church at Rock Creek development and undeveloped R-2 zoned property are located across West 36th Street to the north and northeast. There are two (2) single family residences in front of the church property along the north side of West 36th Street. There are single family residences on large lots to the east and west, with undeveloped R-2 and MF-12 zoned property further east. Undeveloped OS, R-2 and C-2 zoned property is located to the south. The City’s Future Land Use Plan designates this property as “Mixed Office Commercial”. The requested O-3 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested zoning. Staff views the request as reasonable. The church property to the north is zoned POD. One (1) of the residential structure in front of the church was recently rezoned to O-3. There is also a large O-2 zoned tract to the west, at the intersection of West 36th Street and Bowman Road. Staff believes rezoning this 2.04 acre property to O-3 and continuing the office zoning pattern in this immediate area will 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: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 7 FILE NO.: LU06-11-01 Name: Land Use Plan Amendment - I-430 Planning District Location: Shackleford Road, north of Colonel Glenn Request: Multi Family and Park/Open Space to Light Industrial Source: Thomas R. Pownall, Thomas Engineering Company PROPOSAL / REQUEST: Land Use Plan amendment in the I-430 Planning District from Multi Family and Park/Open Space to Light Industrial. Light Industrial provides for light warehouse, distribution or storage uses that are developed in a well-designed “park-like” setting. The applicant proposes to rezone the property to I-2 Light Industrial. EXISTING LAND USE AND ZONING: The property is rural and is currently zoned R-2 Single Family. It is wooded, undeveloped and 20 acres ± in size. The R-2 Single Family extends north of this area and to the east for the Shackleford Mobile Home Park. The R-2 north of the application area is undeveloped. Northwest of this area, along Old Shackleford Road, is a Planned Industrial Development for Westrock Engineered Products. This building currently appears unoccupied and is for lease. Directly west of this area is zoned O-2 Office and Institutional District, and this land is undeveloped. Directly south of this area is a Planned Commercial Development that has not been built. Beyond that is zoned I-2 Light Industrial District for the Colonel Glenn Corporate Centers. On the north side of the intersection at Shackleford Road and Colonel Glenn is more R-2 Single Family with six single family residences. The southwest corner of this intersection is zoned I-2 Light Industrial for Fairway Lawns. The southeast corner of said intersection is a Planned Office Development that is currently being built, which will allow for general commercial and office/showroom/warehouse. Just east of that new development is more I-2 Light Industrial land for Haldex Restaurant Supply. West of this intersection at Interstate 430 and Colonel Glenn is a mix of C-2, C-3, and C-4 commercially zoned land for Clearchannel, Toyota, and a new Holiday Inn Express. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: Ordinance 19,308 was passed on April 19, 2005 to amend the south side of Bowman Plaza Drive from Office to Commercial for future development. Ordinance 18,964 was passed on October 21, 2003 to amend the area at the end of Colonel Glenn Plaza Drive from Office to Commercial for future commercial development and buffering. December 21, 2006 ITEM NO.: 7 (Cont.) FILE NO.: LU06-11-01 2 Ordinance 18,977 was passed November 18, 2003 to amend the area at Shackleford and West 36th Street from Mixed Office Commercial to Service Trades District for future development. Ordinance 18,558 was passed September 4, 2001 to amend a large area on Romine Road from Park and Open Space to Low Density Residential for future expansion of the Good Shepard Ecumenical Retirement Center for senior citizen housing. The application area is currently planned for Multi Family. The area directly north is also planned for Multi Family. A strip of Park/Open Space dedicated for Brodie Creek’s floodway runs east and west between the aforementioned Multi Family and a section of Low Density Residential to the north. Suburban Office borders the application area to the west and Light Industrial to the south. Southeast of the area is more Light Industrial. Due east of the application area is Mobile Home. Southwest of the area is Commercial. MASTER STREET PLAN: Shackleford Road is shown as a Minor Arterial on the plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. The application area is just north of Colonel Glenn Road, which is a Principal Arterial on the plan. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. BICYCLE PLAN: A Class II bike route is shown along Shackleford Road. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. PARKS: According to the Master Parks Plan, this area is not located within eight blocks of a park. This study indicates that there is a need for more open space or recreational areas in this general vicinity. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. December 21, 2006 ITEM NO.: 7 (Cont.) FILE NO.: LU06-11-01 3 CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This area is covered under the John Barrow Neighborhood Action Plan. Their Business and Commercial Goal strives “to enhance the climate directed towards encouraging new businesses and commercial establishments to located in the area as well as retention of existing businesses.” ANALYSIS: This area is planned for Multi Family. The land is mostly vacant and undeveloped except for one single family house on the south side of the property. This is one of very few areas reserved for Multi Family in the general vicinity. There used to be more Multi Family in the immediate area, but it was changed to Light Industrial by ordinance in 1990. This amendment left a strip of Park/Open Space to buffer the residential uses north of the amendment. The City usually uses a buffer of Park/Open Space to indicate that the further extension of a certain use area is undesirable. The proposed amendment would bring the Light Industrial area north and adjacent to the Shackleford Mobile Home park. The application area is planned for Multi Family, and it is one of the only vacant Multi Family areas in the region. Colonel Glenn and Interstate 430 is developing into a major commercial location, and this area’s employees would be well served by a high density residential area. There has been quite a bit of new commercial development in the area, including Shackleford Crossing, a small commercial center and Wendy’s on Colonel Glenn, and two motels. There have been nine permits in this planning district for single-family additions and forty-one permits for single family additions. This is a portion of Little Rock which had been passed over for both residential and non- residential. In recent years, development activity has begun again after several decades of no new activity. There are fifteen undeveloped acres of Multi Family at the southeast corner of Shackleford and 36th Street, but the other areas planned for Multi Family in the region are either already developed or have planned developments by the current owner for a special population. There is some Low Density Residential to the south of this application, but a sizable portion has been approved and is being developed as a single-family subdivision. It is important to reserve some land for Multi Family development, so that this area has a diverse range of housing options. There are over 200 acres planned for Light Industrial surrounding the intersection of Colonel Glenn and Shackleford and south along Shackleford Road. This application area is directly north of an adjacent Light Industrial area. This property to the south was amended in 1990 from Multi Family to Light Industrial and Park/Open Space. That amended area has not been developed in the 16 years since the amendment to Light Industrial. There have not been any permits for Industrial development in this planning December 21, 2006 ITEM NO.: 7 (Cont.) FILE NO.: LU06-11-01 4 district since 2000. The City has proposed that the industrial area be south of Colonel Glenn Road toward Stagecoach Road. The Light Industrial south of Colonel Glenn has also been mostly vacant for decades. These areas have good access to the freeway system and the majority of the area is not yet developed. These other Light Industrial areas should be explored for development before amending the Future Land Use Plan. The slope of the application site is also of note. The other sites planned for Light Industrial are either level or have been cleared for development. The application area is a very steep slope up from Shackleford Road. NEIGHBORHOOD COMMENTS: Notice was sent to the following neighborhood association: John Barrow. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The item was placed on consent agenda for withdrawal. The request was made less than three days prior to the meeting. A motion was made to waive the notice requirements. By a vote of 11 for, 0 against the consent agenda was approved. December 21, 2006 ITEM NO.: 7.1 FILE NO.: Z-8142 Owner: LBI, Inc. Applicant: Thomas Pownall, Thomas Engineering Location: West side of Shackleford Road, approximately 1,200 feet north of Colonel Glenn Road Area: 20.455 Acres Request: Rezone from R-2 to I-2 Purpose: Auto body shop Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Office-warehouse type uses; zoned PCD East – Nonconforming mobile home park (across Shackleford Road); zoned R-2 West – Undeveloped property; zoned O-2 A. PUBLIC WORKS COMMENTS: 1. Shackleford Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. At time of 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. No floodplain in the property. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA bus route #14 (Rosedale Route). December 21, 2006 ITEM NO: 7.1 (Cont.) FILE NO.: Z-8142 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 Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Multifamily for this property. The applicant has applied for a rezoning from R-2 Single Family to I-2 Light Industrial District. A land use plan amendment for a change to Light Industrial is a separate item on this agenda. Master Street Plan: Shackleford Road is shown as a Minor Arterial on the Master Street Plan and Colonel Glenn is shown as a Principal Arterial. These streets may require dedication of right-of-way and may require street improvements. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bike route is shown along Shackleford Road according to the Master Street Plan bicycle section. 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 John Barrow Neighborhood Action Plan. Their Business and Commercial Goal strives “to enhance the climate directed towards encouraging new businesses and commercial establishments to locate in the area as well as retention of existing businesses.” E. STAFF ANALYSIS: LBI, Inc., owner of the 20.455 acre property located on the west side of Shackleford Road approximately 1,200 feet north of Colonel Glenn Road, is December 21, 2006 ITEM NO: 7.1 (Cont.) FILE NO.: Z-8142 3 requesting to rezone the property from “R-2” Single Family District to “I-2” Light Industrial District. The rezoning is proposed to allow the development of an auto body shop for Landers Toyota. The property is currently undeveloped and mostly tree-covered. The property has varying degrees of slope. Several mobile homes which previously existed along the Shackleford Road (east) property line have been removed. The general area contains a mixture of uses and zoning, along with a large amount of undeveloped property. The properties to the north and west are undeveloped and zoned R-2 and O-2 respectively. There is an old nonconforming mobile home park to the east across Shackleford Road. Office/warehouse-type uses are located to the south and southeast. There is a large amount of undeveloped property to the south along Shackleford Road. Various commercial uses are located to the southwest along Colonel Glenn Road. The City’s Future Land Use Plan designates this property as “Multifamily”. A Land Use Plan Amendment for a change to “Light Industrial” is a separate item on this agenda. Staff is not supportive of the requested rezoning. Given the surrounding uses, zoning and land use pattern, staff does not believe I-2 zoning for this 20.455 acre tract is appropriate. The City’s Future Land Use Plan shows “Low Density Residential” to the north, “Suburban Office” to the west and “Mobile Home Park” to the east. In addition, the Land Use Plan shows a PK/OS strip between this property and the mobile home park and the properties to their north, indicating what should be the north boundary of any light industrial development along Shackleford Road. There is a large amount of undeveloped property shown as “Light Industrial” on the future plan to the south along both sides of Shackleford Road (south of Colonel Glenn Road). Staff believes the body shop would be more appropriate in this area. Staff feels the requested I-2 zoning would have a negative impact on the future development/redevelopment within this area along Shackleford Road, north of Colonel Glenn Road. F. STAFF RECOMMENDATION: Staff recommends denial of the requested I-2 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 20, 2006 requesting the application be withdrawn. Staff supported the withdrawal request. December 21, 2006 ITEM NO: 7.1 (Cont.) FILE NO.: Z-8142 4 With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the withdrawal request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. December 21, 2006 ITEM NO.: 8 FILE NO.: Z-7512-A NAME: AA Storage – Revised Conditional Use Permit LOCATION: 5700 West 10th Street OWNER/APPLICANT: AA Storage/Ken Smith PROPOSAL: A revision to the previously approved C.U.P. for this mini-warehouse development is requested to allow for the addition of u-haul type truck rental. 1. SITE LOCATION: The site is located on the north side of West 10th Street, two blocks west of Fair Park Blvd. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses including a highrise medical office building, a large church, a funeral home and cemetery, a hotel and a variety of other office and small commercial uses. I-630 borders the site to the north and the War Memorial Golf Course is located north of the interstate. The addition of no more than six (6) U-Haul type trucks for rental will not affect this existing mini-warehouse development’s compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the War Memorial and Oak Forest Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed via a single driveway off of West 10th Street. Four (4) parking spaces are located outside of the fenced compound. Once inside the compound, customers park adjacent to their rental unit. The proposed six (6) rental trucks will be parked at various locations within the compound so as not to block driveways or access to the rental units. 4. SCREENING AND BUFFERS: No Comments on this use issue. December 21, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7512-A 2 5. PUBLIC WORKS COMMENTS: No Comments on this use issue. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comment received. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: No objection to adding truck rental. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. A route is located along West 12th Street, two blocks south of the site. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicant was not present. Staff presented the item and noted little additional information was needed. Staff stated additional information was needed regarding hours of operation and signage. Staff stated the applicant would be asked to confirm that no servicing of vehicles would occur at this site. Staff stated they would meet with the applicant to have those questions answered. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: On March 25, 2004, the Planning Commission approved a conditional use permit to allow for the development of a mini-warehouse complex on this C-3 zoned, 4.7± acre tract. The development consists of an office/apartment building and 10 buildings containing 78,190 square feet of mini-warehouse space. Two of the buildings are two stories in height. Some of the buildings are heated and cooled for “conditional storage”. The facility’s office hours are 9:00 a.m. – 6:00 p.m., December 21, 2006 ITEM NO.: 8 (Cont.) FILE NO.: Z-7512-A 3 Monday through Saturday and 12 noon – 4:00 p.m., Sunday. Access by key pad to the storage units is 6:00 a.m. – 10:00 p.m. each day with special access at other hours made available to tenants by use of a special code. The applicant is requesting a revision to the approved C.U.P. to allow for the addition of a U-Haul type truck rental business on the site in conjunction with the mini-warehouse operation. The applicant has proposed to park no more than six (6) trucks inside the enclosed compound. The trucks will be parked on the paved surface so as not to block driveways or access to the rental units. Hours of operation for the truck rental are proposed as Monday – Saturday, 9:00 a.m. – 5:00 p.m. Signage will consist of a 2’ X 2’ wall sign in the front office window and a 2’ X 4’ sign on façade of the building facing I-630. There will be no servicing of the vehicles at this site. Staff is supportive of the proposal. It is not unusual to have a “satellite” truck rental operation located in conjunction with a mini-warehouse operation. The availability of the trucks is an ancillary service to customers of the mini- warehouse business. The signage will be minimal and the trucks will be parked within the enclosed complex. There is no bill of assurance issue. To staff’s knowledge there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the revised C.U.P. to allow truck rental in conjunction with the mini-warehouse business, as proposed. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 9 FILE NO.: Z-7573-C NAME: Isaac Wayne Barber Shop – Conditional Use Permit LOCATION: 6805 West 12th Street, Suite “C” OWNER/APPLICANT: Danny Thomas Properties/Isaac Wayne PROPOSAL: A conditional use permit is requested to allow a barber shop with retail sales of grooming products in one bay of this I-2 zoned development. 1. SITE LOCATION: The property is located on the south side of West 12th Street, one property east of Westpark Drive. The lease area is within the second building off of the street. 2. COMPATIBILITY WITH NEIGHBORHOOD: This area of I-2 zoned properties contains a variety of light industrial and commercial uses including warehousing, wholesaling, office uses, restaurants and retail sales. A cemetery is located across West 12th Street, to the north. The proposed use is compatible with uses and zoning in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet of the site who could be identified and the University Park and Leander Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is off of West 12th Street and Caruth Drive, a private street. All driveways and parking areas are existing and no changes are proposed. The 840 square foot barber shop requires 4 on-site parking spaces. There is more than adequate parking available in the paved parking lots around the three buildings. 4. SCREENING AND BUFFERS: No comments on this use issue. December 21, 2006 ITEM NO.: 9 (Cont.) FILE NO.: Z-7573-C 2 5. PUBLIC WORKS COMMENTS: No comments on this use issue. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comment received. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation and total number of employees. Staff stated they would meet with the applicant to get answers to these issues. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow a barber shop utilizing an 840 square foot bay on this I-2 zoned property. The property contains three large office-warehouse buildings and associated parking. The applicant proposes to have retail sales of personal care products in conjunction with the barber shop. The barber shop will operate Tuesday – Saturday, 9:00 a.m. – 6:00 p.m. There will be a total of five (5) employees. Signage will consist of a wall sign on the December 21, 2006 ITEM NO.: 9 (Cont.) FILE NO.: Z-7573-C 3 façade of the lease space and space on the complex tenant identification ground sign. Staff is supportive of the requested C.U.P. This complex contains a variety of commercial and light industrial type uses. The proposed barber shop is not out of character with other uses. There is sufficient parking on the site to accommodate the use. There is no bill of assurance issue. To staff’s knowledge, there are no outstanding issues. The property owner has been made aware of staff’s suggestion that rezoning the property be considered if additional retail or service type uses are proposed. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P., as filed. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 10 FILE NO.: Z-8137 NAME: Perkins Accessory Dwelling – Conditional Use Permit LOCATION: 4121 Weldon Avenue OWNER/APPLICANT: Benjamin Perkins PROPOSAL: A conditional use permit is requested to allow an accessory dwelling on this R-2 zoned lot. 1. SITE LOCATION: The property is located on the east side of Weldon Avenue, 6 blocks south of West 36th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the western edge of the larger John Barrow Community. Surrounding properties are zoned R-2 and many contain single-family homes. Several new homes are under construction in the general area along Foster and Weldon Streets. The applicant’s new home and accessory building are located on two lots (.5 acre). The proposed density is not out of character with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow and Westbrook Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed by a single driveway off of Weldon. The house has a two-car garage and the accessory structure has a three-car garage. The code requires one parking space each for the house and the accessory dwelling. There is more than enough parking on the site for the use. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: No comments. December 21, 2006 ITEM NO.: 10 (Cont.) FILE NO.: Z-8137 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comments received. CenterPoint Energy: No Comments received. AT&T (SBC): No Comments received. Water: This property is served by a private line. Their water meter is located at the southwest corner of West 42nd Street and Foster Street. A water main extension will be required in order for this property to obtain an additional and/or larger water meter. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicants were present. Staff presented the item and noted there was little additional information needed. Staff asked the applicant to provide information on the building design and whether separate utilities were requested. The applicants responded there would not be separate utilities requested. The applicants confirmed that the accessory dwelling would not be rented or occupied permanently; that it was to be used for family members and guests on an occasional basis. There was a discussion of Central Arkansas Water’s comments concerning the location of the water service to this property. The applicants were advised to contact the utility. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 4121 Weldon Street is occupied by a new single-family residence and a new two-story accessory building. The property December 21, 2006 ITEM NO.: 10 (Cont.) FILE NO.: Z-8137 3 consists of two lots totaling one-half acre in size. The accessory structure contains a three-car garage and storage space on the ground floor. The applicants are requesting approval of a conditional use permit to allow the second floor of the structure to be used as an accessory dwelling for family members and guests who will occasionally visit. The two-story accessory structure complies with all code requirements for setbacks, height and area coverage. The code permits two-story accessory dwellings if the ground floor is used for parking or storage. An outside stairway provides access to the second floor. The structure has a rock and siding exterior with a pitched, shingled roof. The structure is compatible with the new house. The applicant has stated no separate utilities are requested and has acknowledged that the property owner must reside on-site. The site has a paved driveway and parking spaces; including five garage spaces between the two structures. The applicant has submitted a statement that there is no valid bill of assurance for the property. Staff is supportive of the proposed accessory dwelling, as proposed by the applicant. The applicant’s new residence and accessory structure are a positive addition to the neighborhood, in staff’s opinion, and allowing the accessory dwelling/guest quarters should not impact nearby properties. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the utility comments in Section 6 of the agenda staff report. 2. The property owner must reside on-site. 3. The accessory dwelling/guest quarters is not to be rented but is to be used for family members and guests who visit the applicants. 4. There are to be no separate utilities. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Benjamin Perkins was present, representing the application. There were two (2) objectors present. Staff presented the item with a recommendation of approval. Benjamin Perkins addressed the Commission in support of the application. He made no additional comments to the staff report. December 21, 2006 ITEM NO.: 10 (Cont.) FILE NO.: Z-8137 4 Tressie Gilbert addressed the Commission in opposition. She explained that the second floor of the accessory building overlooked her backyard area. She expressed concern with loosing privacy. Drenda Travers also addressed the Commission in opposition. She noted that Mr. Perkins had people in drug rehab working for him and asked if these people would live in the accessory dwelling. Mr. Perkins explained that his clients in drug rehab work for him on the site (yard work, etc.), but the clients would not live on the site. Mr. Perkins explained that his clients would not be considered “guests”. Commissioner Laha asked about the pit bull dogs on the site. Mr. Perkins explained that there was underground electronic fences for containment of the dogs. The definition of “accessory dwelling” was briefly discussed. Commissioner Yates asked if the conditional use permit runs with the land and how it would be treated with respect to occupancy. Staff explained that an approved conditional use permit runs with the land and any subsequent owners must adhere to the approval conditions. Staff noted that the property owner would have to reside in one of the two dwellings. There was a brief discussion regarding the fact that the structure was built prior to the conditional use permit application. Staff explained that the structure was built as an accessory building not an accessory dwelling. Ms. Gilbert asked why the building was constructed and the neighbors not notified. Commissioner Williams noted that it was constructed as an accessory garage with storage, and the applicant was now requesting to use the second floor as a dwelling. There was a motion to approve the conditional use permit as recommended by staff. The motion passed by a vote of 10 ayes and 1 nay. The application was approved. December 21, 2006 ITEM NO.: 11 FILE NO.: Z-8138 NAME: Holder Multisectional Manufactured Home – Conditional Use Permit LOCATION: 11511 Heinke Road OWNER/APPLICANT: Bob Holder PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned, 20± acre tract. 1. SITE LOCATION: The property is located on the east side of Heinke Road, ½ mile south of Mabelvale Cut-Off. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is very rural in nature; being characterized by large areas of wooded, undeveloped properties and a variety of single family homes on larger tracts. The homes range from single-wide mobile homes to site built homes. The applicant proposes to place his home 900± feet off of the street on this mostly wooded 20-acre tract. Placement of the home should have no impact on other properties. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and SWLR United for Progress were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is currently accessed by a single driveway off of Heinke Road. The applicant will extend a new driveway off of the existing drive to access the new home site. No new driveways will be built off of Heinke Road. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: No comments. December 21, 2006 ITEM NO.: 11 (Cont.) FILE NO.: Z-8138 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer not available to this property at this time. Project is under construction to serve this property. Entergy: No Comment received. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on the CATA bus route. The nearest route is located along Mabelvale Cut-Off. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicant was present. Staff presented the item and noted little additional information was needed. Staff asked the applicant to provide the year model and exterior finish of the home. The applicant responded that the home would have a composite wood finish. The applicant explained that a new sewer line was being constructed through his property and he would be tying both the existing home and proposed home onto that line. He described the property and the proposed placement of the home. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for placement of a new, multisectional manufactured home on the wooded 20+ acre tract located at 11511 Heinke Road. A nonconforming, single-wide mobile home is located on the front of the property, approximately 200 feet off of the street. December 21, 2006 ITEM NO.: 11 (Cont.) FILE NO.: Z-8138 3 The applicant’s son occupies that home. The applicant proposes to place his new home approximately 900 feet off of the street. The home is to be a 2006 or 2007 model with a pitched roof and composite wood exterior. Both homes will be tied onto a new sewer line that is being extended through the site. The home will have setbacks of 112± feet on the south, 500± feet on the north, 400± on the east and 900± feet on the west. The site is mostly wooded and the home will likely not be very visible from any other properties. Staff believes the proposed use is compatible with uses in this rural area which includes a variety of housing types, including mobile homes. There is no bill of assurance for this unplatted, acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to the home being sited to comply with the following siting criteria from Section 36-254(d)(5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multi-sectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 12 FILE NO.: Z-8139 NAME: Hampton Day Care Center – Conditional Use Permit LOCATION: 1602 Welch Street OWNER/APPLICANT: Dr. Reginald Hampton PROPOSAL: A conditional use permit is requested to allow conversion of the existing residential structure on this R-4 zoned lot into a day care center. 1. SITE LOCATION: The property is located on the west side of Welch Street; south of East 16th Street, east of I-30. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is virtually totally residential in nature. Surrounding properties are also zoned R-4 and are occupied by single family and two family residences. Most of the structures are in good condition and are occupied. Two structures at the south end of the block are boarded although they both appear in good condition. Staff does have concerns about introducing this nonresidential use into the midst of a somewhat fragile residential neighborhood. Staff has typically supported day care family homes, where the principal use remains single family, in neighborhoods. Staff does not believe the proposed nonresidential use is compatible with the neighborhood. All owners of properties has located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and MacArthur Park Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has no on-site parking. There is a substandard parking pad in the front yard that could be widened to accommodate one vehicle. The proposed day care center is to have an enrollment of 12 children with 2 employees; requiring 3 on-site parking spaces. The applicant proposes to construct 3 parking spaces at the rear of the site, taking access off of the alley. With the one space in the front, a total of 4 parking spaces can be provided. December 21, 2006 ITEM NO.: 12 (Cont.) FILE NO.: Z-8139 2 4. SCREENING AND BUFFERS: The site must be developed in compliance with the City’s Landscape and Buffer Ordinances; including screening along the north and south perimeters of the site and landscaping in conjunction with any new vehicular use area. 5. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Welch Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. Show the proposed location of all driveways and parking areas. 3. Queuing of vehicles for pick-up and drop-off of children must be done in a manner that does not cause stacking of vehicles on Welch Street. Sufficient on-site parking must be provided to prevent blocking of the thru lanes on Welch Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No Comment received. CenterPoint Energy: No Comment received. AT&T (SBC): No Comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on the CATA bus route. The nearest route is located two blocks to the northwest; at College and 15th Streets. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, fencing and site lighting. Staff noted the lack of parking and noted the alley would need to be improved. Staff stated December 21, 2006 ITEM NO.: 12 (Cont.) FILE NO.: Z-8139 3 landscaping and screening would need to be provided. Public Works comments were noted. Staff voiced opposition to any plan that resulted in vehicles having to park on Welch Street. Staff stated they would contact the applicant to address the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned lot located at 1602 Welch Street is currently occupied by a 1 ½ story, brick and frame, single family residence. A wood frame accessory building is located at the rear of the lot, at the alley. The home appears to be in very good shape and is located in a fairly stable neighborhood of mostly well-maintained residences. The applicants are requesting approval of a conditional use permit to allow conversion of the residence into a day care center with an enrollment of 12 children with 2 employees. The application has been modified from the initial submittal when enrollment was proposed as 24 children with 4 employees. The structure will be solely used for the day care; there will be no residential occupancy. Signage is proposed to consist only of a 1’ X 1’ wall sign on the front façade. Days and hours of operation are to be Monday through Friday, 6:00 a.m. – 6:00 p.m. A 6-foot tall wood fence will be erected along the north and south perimeters of the property. The applicant has proposed placement of a dumpster behind the accessory building. This placement is not possible since the building is directly adjacent to the alley. No additional site-lighting is proposed. Three parking spaces are to be located at the rear of the property, off of the alley. A 5-foot wide landscape strip will be located on the south side of the new parking. The applicant will meet with Public Works staff to determine the requirements necessary for improving the alley. The 1862 bill of assurance does not address use issues. A fenced playground will be located behind the structure. Staff has concerns about the proposed use. Although the day care is relatively small, (24 children and 2 employees) it is still a nonresidential use in a fragile residential neighborhood. There will be no residential occupancy of the structure. The day care will be the sole and principal use. Staff has typically supported day care family homes that are not much smaller than this proposed day care. The distinction is that under a day care family home, the principal use remains an occupied single family residence with the child care being an ancillary activity. The applicant did submit responses to issues raised at Subdivision Committee and has reduced the initial proposal by half. December 21, 2006 ITEM NO.: 12 (Cont.) FILE NO.: Z-8139 4 STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) Staff informed the Commission that the applicant submitted a letter on December 19, 2006 requesting the application be deferred to the March 15, 2007 Agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 15, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. December 21, 2006 ITEM NO.: 13 FILE NO.: G-23-370 Name: Fairview Addition, lot and street reduction to acreage Location: Lying south and east of Arch Street Pike at Fourche Creek Bridge Owner/Applicant: 3M Company by R. Wingfield Martin Proposal: To abandon the remaining portions of the undeveloped streets and lots platted in this subdivision and return them to acreage description. STAFF REVIEW : 1. Public Need for this Right-of-Way: These rights-of-way have never been developed. There is no public need for the rights-of-way or the undeveloped lots. 2. Master Street Plan: The Master Street Plan reflects no need for this undeveloped right-of-way. 3. Need for Right-of-Way on Adjacent Streets There is no need for right-of-way on adjacent streets. 4. Characteristics of Plat Terrain: Hilly, with poor access. Access is severely limited with the property being surrounded by rock quarries. 5. Development Potential The property is currently zoned R-2 but has no real possibility of development as residential since it is surrounded by rock quarries. The proposed use is as 3M quarry expansion area. December 21, 2006 ITEM NO.: 13 (Cont.) FILE NO.: G-23-370 2 6. Neighborhood Land Use and Effect The applicant is the sole property owner in the area and there should be no effect on any others. The land use in the area is mining. 7. Neighborhood Position The petitioner is the owner of all of the property located in or outside of the Fairview Addition which is to be vacated or which abuts the streets alleys, rights-of-way or easements to be vacated. There is no neighborhood to voice an opinion. 8. Effect on Public Services or Utilities All utility easements situated on the property have been released. All utilities have consented to the vacation of the plat. 9. Reversionary Rights The reduction of the plat to acreage will return the rights-of-way to 3M Company. 10. Public Welfare and Safety Issues There will be no effect on the public welfare and safety. All other portions of the Fairview Addition except the portions of lots located to the northeast of the southeasterly right-of-way line of Hwy. 367 (old Arch Street Pike) were previously vacated pursuant to Little Rock Ordinance Nos. 16,206 adopted May 5, 1992 and 16,965 adopted September 19, 1995. STAFF RECOMMENDATION: Staff recommends approval of the request to vacate the Fairview Addition plat and to abandon any streets, alleys, rights-of-way and easements located within the boundary of the plat area. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 30, 2006) Staff presented the item and noted there were no outstanding issues. The Committee forwarded the item to the full Commission. December 21, 2006 ITEM NO.: 13 (Cont.) FILE NO.: G-23-370 3 PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 14 FILE NO.: LU06-08-05 Name: Land Use Plan Amendment - Central City Planning District Location: South of I-630, north of Roosevelt, west of I-30, east of Dr. Martin Luther King Drive Request: Various Changes Source: Planning Staff PROPOSAL / REQUEST: These Land Use Plan amendments in the Central City Planning District represent various changes to reflect zoning and existing land use in five different areas downtown. These amendments are a result of the Downtown Neighborhood Action Plan review of the Land Use Plan. Mt. Zion Church: Commercial to Public Institutional at the northeast corner of West 10th Street and South Cross Street to account for the church parking lot at this location. Post Office on Main St.: Commercial and Mixed Use to Public Institutional between West 17th Street and West 19th Street, just west of Main Street to represent the post office at this location. Connor Chapel AME Church: Mixed Use to Public Institutional between West 21st Street and West 22nd Street, just west of Main Street to represent the church at this location. The Gospel Lighthouse Church: Single Family to Public Institutional south of East 16th Street between Rock Street and Park Lane to represent the church at this location. Public Institutional represents public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. These proposed changes are intended to reflect existing conditions and zoning. EXISTING LAND USE AND ZONING: Area 1 (Mt. Zion Church) is currently zoned O-3 General Office. It is used for Mt. Zion Baptist Church’s parking lot. Interstate 630 borders this area to the north. To the west of this area is more O-3 zoning for the Mt. Zion Baptist Church and R-4 Two Family District. The R-4 zoned area is used for both single-family and two-family residences. To the east of this area is zoned C-3 General Commercial for Bromley Parts and Service Shop. South of Area 1 is more R-4 and O-3 for more residences and a Women’s Club. December 21, 2006 ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05 2 Area 2 (Post Office) is zoned Capitol O as part of Capitol Zoning and includes the post office on Main Street. This area is surrounded on the north, east, and south by Capitol O zoning. (Note: Zone “O” permits single family, two-family residential, professional offices, and quiet business. Conditional uses for zone “O” include multi family residential, commercial facilities II and III, general office, hotel, motel, amusement, consumer goods and services, and accessory structures.) To the east of this area is a Harvest Foods grocery store. South of this area is used for single family and multi family residences. North of this area on Main Street are several offices and commercial uses. To the west is zoned Capitol M and is used for multi family and single-family residences. Area 3 includes the Connor Chapel AME Church and is zoned Capitol N as part of Capitol Zoning. It is surrounded on the north, east and south by Capitol N zoning. (Note: Zone “N” permits single family, two-family, and professional offices. Conditional uses for zone “N” include multi family residential, commercial facilities II and III, general office, quiet business and accessory structures.) East and southeast of this area are used for multi family and single-family residences. South of this area is one commercial building and several residences. There are office buildings to the north of this area, and to the west of this area is Capitol M zoning for single-family and multi family residences. Area 4 is zoned R-4 Two Family District. Area 5 includes the Gospel Lighthouse Church. This area is completely surrounding by R-4 zoning for single family and multi family residences and churches. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: Area 1(Mt. Zion Church) is shown as Commercial on the Future Land Use Plan. To the west and south of this area is Public Institutional. To the east is more Commercial and then the Interstate. Area 1 is bounded to the north by Interstate 630, and beyond that is planned for Mixed Use Urban. Area 2 (Post Office) is currently shown as Commercial on the Future Land Use Plan. Single Family is shown to the west of this area. To the north is shown as Office, and to the south is shown as Mixed Use. East of this area is shown as Commercial. Area 3 (Connor Chapel AME Church) is shown as Mixed Use. This is part of a large strip of Mixed Use on either side of Main Street. To the east and west of Main Street is planned for Single Family uses. Area 4 (Gospel Lighthouse Church) is shown as Single Family on the Future Land Use Plan. To the east is Public Institutional and to the northwest is Low Density Residential. The other surrounding areas are all planned for Single Family. On February 21, 2006, Ordinance 19,494 was passed. This amendment is located at the corner of 29th Street and Martel, and it was a change from Single Family to Multi Family to accommodate elderly residential housing. December 21, 2006 ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05 3 On October 4, 2005, Ordinance 19,418 passed to allow a package of amendments to ‘clean up’ and update the Land Use Plan in the Central High area, to more accurately represent the short and mid-term future development patterns in the area. The location of these amendments is southwest of Area 1, near Daisy Gatson Bates Drive and Dr. Martin Luther King Drive. On March 18, 2003, Ordinance 18,837 passed a series of Land Use Plan amendments to bring the City Land Use Plan into conformance with the recommendation of the East of I-30 Study, which was completed in 2002. All of the changes were made east of I-30 and north of I-440. Several of these changes are within a mile of Area 4 and Area 5. On March 19, 2002, Ordinance 18,656 passed. This Ordinance amended several areas west of Area 1 on West 10th Street. These changes were to allow for more Public Institutional and Multi Family in the Children’s Hospital vicinity. MASTER STREET PLAN: Area 1 (Mt. Zion Church) is at the intersection of West 10th Street and South Cross Street. These are both Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Areas 2 and 3 (the Post Office and Connor Chapel AME Church) are both on Main Street, which is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Area 3 is adjacent to West 17th Street, which is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Area 4 (Gospel Lighthouse Church) is at the intersection of East 16th Street and South Commerce Street. These are both shown as Local Streets on the Master Street Plan. BICYCLE PLAN: Area 1 (Mt. Zion Church) is not located within the vicinity of a bike route according to the Master Street Plan Bicycle Section. Area 2 and Area 3 (the Post Office and Connor Chapel AME Church) are both located on the Class III route on Main Street. Area 3 also borders a Class II route on W 17th Street. Area 4 (Gospel Lighthouse Church) is located on a Class III route on South Commerce Street. PARKS: According to the Master Parks Plan, all five areas are within eight blocks of a park or open space. Area 1 is near the Ninth Street Park. Areas 2, 3, and 4 are all located close to Pettaway Park, MacArthur Park, Dunbar, and/or the South Little Rock Park. December 21, 2006 ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05 4 HISTORIC DISTRICTS: All of the amendment areas are located outside of historic district boundaries. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: All four of the amendment locations are within the Downtown Neighborhood Plan boundaries. The Neighborhood Plan does not address issues related to these Land Use Plan amendments. ANALYSIS: City Staff developed this amendment package. As part of the Downtown Neighborhood Plan effort, the Future Land Use Plan was examined. The area was reviewed for conformance with the zoning and existing use pattern. Staff reviewed the Downtown Neighborhood area and identified several changes thought to be mostly ‘clean-up’ amendments to reflect existing zoning and/or existing uses. Area One (Mt. Zion Church) is currently zoned for office. Single-family residences and Interstate 630 bound this area. It is unlikely that this area would ever develop into offices, since it is owned by the Mt. Zion Baptist Church and used as their only off-street parking lot. Public Institutional would be a more appropriate land use category for this area. Areas Two and Three (the Post Office and Connor Chapel AME Church) are shown as Commercial and Mixed Use on the Future Land Use Plan, respectively. A post office and a church fall under the Public Institutional category, and this amendment would be a more accurate representation. Thirty-six percent of the Downtown Neighborhood area is under the state of Arkansas’s Capitol Zoning District Commission. The Capitol Zoning District acts as a special planning and historic preservation commission for two districts in Little Rock. The other area surrounds the Arkansas State Capitol. The Capitol Zoning District zones all of areas Two and Three as described above. The current Future Land Use Plan needs an update to reflect the existing and probable future uses of the area. Area Four is planned and zoned for single-family uses, but it has been used for the Gospel Lighthouse Church for several years for parking. This area needs to be updated to Public Institutional on the plan to more accurately portray the available residential land in the area, as well as to reflect the existing and likely future public use areas. This package of amendments is designed to make the Future Land Use Plan a more suitable representation of current and likely mid-term future uses for this area. December 21, 2006 ITEM NO.: 14 (Cont.) FILE NO.: LU06-08-05 5 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: East of Broadway Neighborhood Association, Downtown Neighborhood Association and MacArthur Park Property Owner’s Association. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The item was placed on the consent agenda for approval. By a vote of 11 for, 0 against the consent agenda was approved. December 21, 2006 ITEM NO.: 15 FILE NO.: Z-8144 Owner: Housing Authority of the City of Little Rock Applicant: Shelly Ehenger Location: 2800 Cumberland Street Area: 14.48 Acres and 0.698 Acres Request: Rezone from R-4 to MF-24 and O-1 Purpose: Multifamily housing development Existing Use: Vacant multifamily development SURROUNDING LAND USE AND ZONING North – Mixed office and commercial uses along East Roosevelt Road; zoned C-3, PCD and C-1 South – Single family residences, vacant lots and one (1) commercial lots; zoned R-3, R-4 and C-1 East – Single family residences and church; zoned R-3 West – Church, community center, school and single family residences; zoned R-4 and PR A. PUBLIC WORKS COMMENTS: 1. The site plan shows LR Housing Authority to own to the centerline of 29th Street. The proposed land use would classify 29th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Route #2 (S. Main Route) runs along Main Street to the west. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Community Outreach, Pettaway Park and Meadowbrook Neighborhood Associations were notified of the public hearing. December 21, 2006 ITEM NO: 15 (Cont.) FILE NO.: Z-8144 2 D. LAND USE ELEMENT: This request is located in the Central City Planning District. The Land Use Plan shows Multifamily for this property. The applicant has applied for a rezoning from R-4 Two Family District to MF-24 Multifamily District and O-1 Quiet Office District. The request does not require a change to the Land Use Plan. Master Street Plan: Cumberland Street is shown as a Local Street on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: Existing or proposed Class I, II or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the South End Neighborhood Action Plan. The Land Use and Zoning goal states: “Support new developments that contribute to the overall good of the neighborhood.” It also states that new developments should “be aesthetically pleasing and compatible with existing architecture in the area.” E. STAFF ANALYSIS: The Housing Authority of the City of Little Rock, owner of the 15.178 acre property located at 2800 Cumberland Street (west side of Cumberland Street, 300 feet south of E. Roosevelt Road), is requesting to rezone 14.48 acres from “R-4” Two Family District to “MF-24” Multifamily District and 0.698 acre from “R-4” Two Family District to “O-1” Quiet Office District. The rezoning is proposed to recognize the past multifamily and day care uses which existed on the property and allow for the property’s redevelopment. There are existing multifamily-type buildings on the property which were previously used as a multifamily housing project. All of the units are boarded up, with some of the structures in the process of being removed from the property. There are three (3) structures within the south portion of the property, along East 29th Street, which housed a day care center. December 21, 2006 ITEM NO: 15 (Cont.) FILE NO.: Z-8144 3 The general area contains a mixture of uses and zoning. There are mixed office and commercial uses to the north along Roosevelt Road. There are single family residences, vacant lots and one C-1 zoned lot to the south. Single family residences and a church are located across Cumberland Street to the east. A church, community center, school and single family residences are located to the west. The City’s Future Land Use Plan designates this property as “Multifamily”. The requested MF-24 and O-1 zonings will not require an amendment to the Land Use Plan. Staff is supportive of the requested rezoning. Although staff feels the property should be redeveloped using the “PZD” Planned Zoning Development process, staff will support the requested MF-24 and O-1 zonings to recognize the past use of the property and allow the Housing Authority to secure funding for redevelopment of the site. The Housing Authority has agreed to file a “PRD” Planned Residential Development application for the redevelopment project when the development is imminent. Therefore, rezoning the property to PRD prior to any redevelopment will be a condition within the rezoning ordinance for the proposed MF-24 and O-1 rezoning. This will allow site development issues to be addressed by staff and the Planning Commission prior to redevelopment. Staff believes the requested rezoning with condition will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF-24 and O-1 rezoning, subject to a PRD application being filed prior to redevelopment of the property. PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. December 21, 2006 ITEM NO.: 16 FILE NO.: LA-0016 NAME: King-Walker Tree Harvest LOCATION: Northeast corner of West 28th and Tatum Streets APPLICANT: Hope L. King-Walker APPLICANT’S REPRESENTATIVE: Cormier Forestry Service AREA: Approximately 10 acres CURRENT ZONING: R2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber with construction not being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on the property with construction not being imminent. The approximately 10 acre property is located on the northeast corner of 28th Street and Tatum Street. The timber harvest plan states the objective of this plan is to strategically remove pine sawtimber products and hardwood sawtimber products, excluding those trees which must be left in buffer strips while maintaining and enhancing the overall landscape. The ultimate goal of the developers is to create an aesthetically pleasing setting for future residential development. B. EXISTING CONDITIONS: This approximately 10 acre tree covered R2 zoned property is tract land located on the north side of 28th Street and the east side of Tatum Street directly south of Parkview High School. Single family homes are located on the west side of Tatum Street. Single family homes are also located on the south side of 28th Street and on the east side of the subject property. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone calls requesting additional information. D. ENGINEERING COMMENTS: 1. Per Sec. 29-187(e)(2), clear cutting or total harvest shall not be allowed. December 21, 2006 ITEM NO.: 16 (Cont.) FILE NO.: LA-0016 2 2. Harvest activities must comply with state and federal forestry harvest techniques and code. Damage to offsite property must be repaired by the applicant in a timely manner. 3. Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional requirements. 4. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any harvesting activities at the site. 5. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 6. Erosion controls must be installed to reduce discharge of polluted stormwater. 7. Culvert pipe and fill material at access point must be removed at completion of harvest. 8. Provide in electronic form to Walter Malone (371-6819), a site map showing streets, preserved buffers, silt fence, access point and loading area. 9. The Land Alteration regulations require a 40 ft perimeter buffer strip to be maintained around the exterior of the property and kept undisturbed except for reasonable access to the site. On other applications, staff typically requests a 50 ft perimeter buffer strip to be maintained and kept undisturbed. E. SUBDIVISION COMMITTEE COMMENTS: (November 30, 2006) The applicant was present. Staff stated the comments as written above. The applicant’s representatives, Amy Sink of Cormier Forestry, stated they would need to check with their client on compliance with staff recommendations comments and let staff know the results. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: The Land Alteration Regulations specifically state it to be unlawful to harvest timber on property which is not exempt by zoning, size, and construction is not imminent. The regulations go further though and allow applicants to request a variance from the Planning Commission for issuance of a grading permit to harvest timber. Clear cutting or total harvests are explicitly not allowed. The Timber Harvest Plan (“the plan”) shows the approximate 10 acre tract of land contains 1720 merchantable trees or an average of 172 trees per acre. The plan targets the removal of approximately 780 trees or approximately 78 trees per acre, leaving an average of 94 trees per acre. These projections equal a December 21, 2006 ITEM NO.: 16 (Cont.) FILE NO.: LA-0016 3 harvest of about 45% of the trees. The plan states a large amount of trees, less than 6 inch diameter (ABH), were not inventoried. The harvest plan shows a 25 foot undisturbed buffer to remain along the property boundaries except for the access point. The plan shows a single access location will be taken from 28th Street. A temporary pipe culvert will be installed in the ditch with a 50 foot rock tracking pad installed to comply with all city code. Silt fence will be installed along the southern property line. A loading zone will be located in the southwest corner of the property. The plan does not address the clean up of all waste materials from the harvest. The applicant has agreed to comply with Little Rock Code and all Public Works recommendations and comments except on the width of the temporary undisturbed buffers. The applicant has agreed that all tree tops and debris generated from the harvest will be mulched, hauled off, or burned per LRFD requirements. Vegetation will be established on disturbed areas within 21 days of completion of the harvest activities. All erosion controls and tracking pads will be installed prior to beginning activities. A grading permit application will submitted by the applicant to Public Works for issuance of a grading permit prior to beginning the harvest. Approximately 57 certified mail receipts have been provided to staff notifying adjacent property owners. At the time of writing, staff has received one phone calls requesting additional information of the request. G. STAFF RECOMMENDATION: Since no opposition has been received from adjacent property owners at the time of writing, staff is supportive of the request to harvest of 45% of the trees on the 10 acre property. Staff does not support the widths of the proposed temporary undisturbed buffers though. Section 29-190(14) states a perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be kept undisturbed except for reasonable access for maintenance. The width of the strip shall be six (6%) percent of the lot width and depth. The minimum width shall be 25 ft and the maximum width shall be 40 ft. Based on the language in the code, the buffers would need to be at least 35 ft wide. Past tree harvest applications though have typically showed a 50 ft perimeter buffer strip to be maintained and kept undisturbed. Staff recommends denial of the request as filed. December 21, 2006 ITEM NO.: 16 (Cont.) FILE NO.: LA-0016 4 PLANNING COMMISSION ACTION: (DECEMBER 21, 2006) The applicant’s representative, Cormier Forestry Service (Kent Cormier and Amy Sink), was present representing the applicant. Ruth Bell of League of Women Voters spoke in opposition. Staff represented the item with a recommendation of denial. Staff stated they could support the timber harvest but could not support the proposed 25 ft buffer. Staff stated the Land Alteration Regulations require a temporary undisturbed buffer of 6% of the lot width and depth. The minimum width shall be 25 ft and the maximum shall be 40 ft. Staff stated the dimensions of the property would require a 35 ft buffer. The applicant read a letter from the property owner requesting the Commission’s support of the reduced buffer. Jeff Yates questioned staff asking if this was the only outstanding issue pertaining to this application. Staff responded in the affirmative. The applicant argued staff incorrectly calculated the width of the buffer. Staff stated the calculation was done by taking 6% of the property width for one buffer and then taking 6% of the property length to calculate the other buffer. The applicant proposed an amendment to the application to increase the buffers to 35 ft in width as staff calculated. There was not further discussion of the item. The chair entertained a motion to approve the item as amended to increase the undisturbed buffer to 35 ft in width on all 4 sides. The motion carried by a vote of 11 ayes, 0 noes, and 0 absent.