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pc_04 28 2005 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD APRIL 28, 2005 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Pam Adcock Gary Langlais Mizan Rahman Bill Rector Robert Stebbins Jerry Meyer Chauncey Taylor Norm Floyd Fred Allen, Jr. Jeff Yates Darrin Williams Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the March 17, 2005 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING APRIL 28, 2005 4:00 P.M. I. OLD BUSINESS: A. Z-7620 Bubar Family Care Facility – Special Use Permit 3712 High Drive B. Z-7725 Black Community Developers Transitional Housing – Conditional Use Permit 4017 West 12th Street C. Z-7726 Victory Outreach Church Transitional Housing – Conditional Use Permit 3401 West 12th Street D. Z-7781 Adkins Day Care Family Home – Special Use Permit 9617 Wilderness Road E. Z-7783 Rezoning from R-2 to O-3 14929 Cantrell Road F. Z-7785 MDS of Tennessee Medical Waste Disposal Facility – Conditional Use Permit 5400 Scott Hamilton Drive II. NEW BUSINESS: 1. Z-7819 Rezoning from R-2 to C-3 9401 Mabelvale Pike 1.1. Z-7819-A Discount Tire and Auto Service Center – Conditional Use Permit 9401 Mabelvale Pike 2. LU05-06-01 Land Use Plan Amendment in the East Little Rock Planning District from Low Density Residential to Commercial. 2.1. Z-7820 Rezoning from R-4 to C-4 615 Bender Street 3. Z-7821 Rezoning from R-2 to MF-12 10434 West 36th Street Agenda, Page Two II. NEW BUSINESS: (Cont.) 4. Z-1662-C Donnie’s Foreign Car Service – Revised Conditional Use Permit 104 Markham Park Drive 5. Z-4189-B Coleman Convenience Store – Conditional Use Permit 1805 East 6th Street 6. Z-4384-E Tender Touch Grooming – Conditional Use Permit 13420 Otter Creek Parkway 7. Z-4420-D Greater Center Star Baptist Church Summer Program – Conditional Use Permit 800 West 33rd Street 8. Z-5156-B Suds Car Wash – Conditional Use Permit 10801 West Markham Street 9. Z-7804 Toll Multisectional Manufactured Home – Conditional Use Permit 10901 West 36th Street 10. Z-7815 Dunn Duplex – Conditional Use Permit 1406 South Battery Street 11. Z-7816 Deerman – Milam Duplexes – Conditional Use Permit 3215, 3219 and 3223 Ludwig Street 12. Z-7817 Harper Accessory Dwelling – Conditional Use Permit 111 Pearl Street 13. Z-7818 Barnes Day Care Center – Conditional Use Permit 17412 Lawson Road 14. Z-7822 Strong Multisectional Manufactured Home – Conditional Use Permit 6803 Shaner Circle 15. Z-7823 Little Rock National Airport Digital Airport Surveillance Radar – Conditional Use Permit 5100 East Roosevelt Road 16. A-303 Rock Haven Annexation located west side of Kirby Road and north of Kanis Road 17. A-304 Meuwly Annexation located north of Highway 10 and east of Chenal Parkway 18. Z-3173-E Sage Meadows Long-Form PD-R Revocation, located on the west side of John Barrow Road, south of Tanya Drive. April 28, 2005 ITEM NO.: A FILE NO.: Z-7620 Owner: Bubar Family Care Facility – Special Use Permit Location: 3712 High Drive Applicant: Dennis Bubar Proposal: A Special Use Permit is requested to allow for the operation of a Family Care Facility on the R-4 zoned property located at 3712 High 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 South End, MLK and South End Neighborhood Developers Neighborhood Associations were notified of the public hearing. B. Staff Analysis: Dennis Bubar, owner of the single family residence located at 3712 High Drive, is requesting a special use permit to allow for the operation of a Family Care Facility at that address. All of the adjacent properties are zoned R-4, with the exception of the lot immediately to the north which is zoned I-3, and is undeveloped. There is additional I-3 zoned property further to the north and east, with PR zoning further west and south. There are single family residences located to the north, south and east. The property is occupied by a one-story brick and frame single family residence, with four (4) bedrooms. The applicant is requesting a special use permit in order to provide a residence for four (4) to six (6) individuals who have a mental disability and may also have a substance abuse problem. The residents are involved in a program, where treatment and services are provided by Gain, Inc. A letter provided by Gain, Inc. notes that they have “determined that these individuals are stable and able to live in the community.” The goal in housing is to have the client be as independent as possible, without putting themselves at risk for destabilization, and a housing situation that is more structural and supportive provides them this opportunity.” Copies of the letters submitted by Dennis Bubar and Dr. Les Smith, Medical Director of Gain, Inc., are attached for Planning Commission review. April 28, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7620 2 The City of Little Rock Zoning Ordinance defines a Family Care Facility as follows: “Family care facility means a facility which provides resident service in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel. These individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs.” Section 36-54(a) of the Zoning Ordinance provides the purpose of requiring a Special Use Permit for this type of use, as follows: “General purpose. The purpose of this section is to provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment.” Section 36-54(e)(2) of the Zoning Ordinance establishes the site and location criteria for Family Care Facilities as follows: a. This use may be located only in a single family home. b. Medical or counseling needs must be provided off-site. c. No physical changes in the residence are permitted which would provide other than sleeping accommodations. d. Drives and parking shall not exceed that required by ordinance for a single-family residence. e. This use shall not be permitted to run with the title to the land and not be transferable. f. The number and spacing of existing similar facilities in the neighborhood. g. Existing zoning and land use patterns. April 28, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7620 3 h. Area wide availability of facilities providing like services. i. Provision for readily accessible public or quasi-public transportation. The following additional site and location criteria was approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: “The Fire Marshall must approve use of the residence for the proposed family care facility.” To staff’s knowledge, there have been no special use permits issued for other Family Care Facilities in this neighborhood. Additionally, staff knows of no facilities providing this type of resident care in the immediate area. The site is located near CATA Bus Route #11 (M. L. King, Jr. Route), which runs south along M. L. King Drive to West 34th Street. The applicant submitted a copy of the Bill of Assurance for this neighborhood as part of the application process. The Bill of Assurance was recorded in 1955 and appears to still be in effect. It contains the following language: “(1) LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 stories in height and a private garage or carport for not more than two cars.” Staff believes the proposal to be reasonable and supports the applicant’s request for a special use permit. Subject to compliance with the site and location criteria, as noted above, Staff does not believe the level of activity generated by a Family Care Facility at this location would have any negative impact on the neighborhood. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) Dennis Bubar was present, representing the application. Staff briefly described the proposed family care facility. April 28, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7620 4 Dennis Bubar explained that the individuals who will live in the residence have mental disabilities, and some may also have drug or alcohol abuse problems. He noted that they do not have physical disabilities. In response to a question from staff, he noted that there would be no physical changes to the residence. Mr. Bubar also noted that none of the clients owned vehicles, therefore no additional parking was needed. Mr. Bubar explained that the individuals who live on the site will be picked up by Gain, Inc. each day between 8:00 and 8:30 a.m., and returned to the residence between 3:00 and 5:00 p.m. He noted that counseling and treatment services are provided at the Gain, Inc. offices. He also noted that a doctor or counselor employed by Gain, Inc. will stop by the residence each day to inspect the premises. In response to a question from the Committee, Mr. Bubar noted that a few of the residents might have a part-time job. After the 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 Family Care Facility at 3712 High Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(2). 2. Compliance with the additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004. 3. There is to be no signage beyond that permitted in single family zones. 4. The Special Use Permit will be for Dennis Bubar only, and will not be transferable in any manner. PLANNING COMMISSION ACTION: (MAY 6, 2004) Cindy Dawson, City Attorney, informed the Commission that the application needed to be deferred to the June 17, 2004 agenda to allow staff time to research the Fair Housing Act with respect to this application. There were several persons present in opposition. They were informed of the deferral date. April 28, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7620 5 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the June 17, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (JUNE 17, 2004) Staff informed the Commission that the City Attorney’s Office had requested to defer the application to the July 29, 2004 agenda to allow additional time to research the Fair Housing Act with respect to this application. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 29, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the City Attorney’s Office had requested to defer the application to the September 9, 2004 agenda to allow additional time to research the Fair Housing Act with respect to this application. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the City Attorney’s Office requested the application be deferred to the October 21, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. April 28, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7620 6 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was deferred. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) Staff recommended that the application be deferred to be March 17, 2005 Agenda to allow time for proposed ordinance changes to be reviewed. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. April 28, 2005 ITEM NO.: A (Cont.) FILE NO.: Z-7620 7 STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at its February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. PLANNING COMMISSION ACTION: (MARCH 17, 2005) Staff recommended that the application be deferred to the April 28, 2005 Agenda to allow time for proposed ordinance changes to be reviewed. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF UPDATE: The applicant, Dennis Bubar, informed staff on March 23, 2005 that he wished to withdraw the application, as the property is no longer being used as a family care facility. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Staff noted that the applicant, Dennis Bubar, informed staff on March 23, 2005 that he wished to withdraw the application, as the property is no longer being used as a family care facility. 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 10 ayes, 0 nays and 1 absent. The application was withdrawn. April 28, 2005 ITEM NO.: B FILE NO.: Z-7725 NAME: Black Community Developers Transitional Housing – Conditional Use Permit LOCATION: 4017 West 12th Street OWNER/APPLICANT: Black Community Developers, Inc. PROPOSAL: A conditional use permit is requested to allow use of the existing duplex on this R-4 zoned lot as transitional housing for up to 12 women; 6 per unit. STAFF REPORT: The task force which is studying the issue of Transitional Housing has not yet completed its work. It is believed that a report will be coming from that group soon; including proposed ordinance changes. Staff believes this item needs to be deferred to the December 16, 2004 Agenda to allow that process to continue. STAFF RECOMMENDATION: Staff recommends that this item be deferred to the December 16, 2004 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. April 28, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7725 2 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at its February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. April 28, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7725 3 PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 agenda to allow further review of the issue of Transitional Housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: C FILE NO.: Z-7726 NAME: Victory Outreach Church Transitional Housing – Conditional Use Permit LOCATION: 3401 West 12th Street OWNER/APPLICANT: Victory Outreach Church/Deverick Green PROPOSAL: A conditional use permit is requested to allow use of the existing duplex on this R-4 zoned lot as a transitional housing facility for up to 11 men and an on-site manager. STAFF REPORT: The task force which is studying the issue of Transitional Housing has not yet completed its work. It is believed that a report will be coming from that group soon; including proposed ordinance changes. Staff believes this item needs to be deferred to the December 16, 2004 agenda to allow that process to continue. STAFF RECOMMENDATION: Staff recommends that this item be deferred to the December 16, 2004 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposed ordinance changes, is not complete. This item needs to be deferral to the February 3, 2005 Agenda to allow that process to continue. April 28, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7726 2 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The Task Force has completed its work and proposed ordinance changes have been forwarded to the Planning Commission. This application will be amended to a Special Use Permit to comply with the ordinance changes. Staff recommends that the item be deferred to the March 17, 2005 Agenda. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the March 17, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 17, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The Task Force which had been studying the issue of transitional housing facilities in the City of Little Rock forwarded its recommendations in the form of suggested Ordinance amendments to the Planning Commission. The Commission reviewed the issue at is February 3, 2005 meeting. The Commission was divided in its opinion of the proposed amendments. The Board of Directors has not yet reviewed or acted on the suggested changes. It is the opinion of Staff and the City Attorney’s office that the application should be deferred again. Staff recommends that the item be deferred to the next regularly scheduled Commission hearing, which is on April 28, 2005. April 28, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7726 3 PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the April 28, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the June 9, 2005 Agenda to allow further review of the issue of transitional housing. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the June 9, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: D FILE NO.: Z-7781 Name: Adkins Day Care Family Home – Special Use Permit Location: 9617 Wilderness Road Owner: Willie and Shirley Adkins Applicant: Shirley Adkins Proposal: A Special Use Permit is requested to allow a Day Care Family to be operated in the single family residence located on the R-2 zoned property at 9617 Wilderness Road. 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 West Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 9617 Wilderness Drive is located on the southeast corner of Wilderness Road and Frontier Road. All surrounding properties are zoned R-2 and contain single family residences. There is a large area of undeveloped R-2 zoned property to the west, along the south side of Mann Road. The applicant’s home is a one-story brick and frame structure, and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 5:45 p.m., Monday through Friday. The applicant has noted that she will have one (1) employee, as required by the State Department of Human Services. There is a one-car wide driveway from Wilderness Road, with parking for three (3) vehicles (including the carport). The applicant has noted that the driveway will be widened to a two-car width, which will allow parking for two (2) additional vehicles (5 total). Staff feels that 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. April 28, 2005 ITEM NO.: D (Cont.) FILE NO.: Z-7781 2 The applicant notes that she has been licensed by the State to operate a day care family home at this location for approximately two (2) years. The applicant is licensed for up to 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 applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1971 and appears to still be in effect. The Bill of Assurance contains the following language: “1. No lot shall be re-subdivided into nor shall any dwelling be erected or placed on any lot or building site having a width of less than 60 feet at the building line or an area of less than 6,000 square feet, and said lands shall only be used for residential purposes as set forth herein.” 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. April 28, 2005 ITEM NO.: D (Cont.) FILE NO.: Z-7781 3 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. 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 issues 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: (JANUARY 6, 2005) Willie Adkins was present, representing the application. Staff presented the proposed special use permit request. Staff noted that inspection of the property revealed no violations of the ordinance requirements for day care family homes. Staff also noted that the applicant has been licensed by the State for a day care family at this address for approximately two (2) years. Staff noted that the proposed day care family home was not located within 300 feet of another day care family home or day care center. April 28, 2005 ITEM NO.: D (Cont.) FILE NO.: Z-7781 4 After the 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 9617 Wilderness Road, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(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 day-light hours. 4. If approved, the driveway must be widened to a two-car width within 30 days of the final approval date. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) Staff informed the Commission that the application needed to be deferred to the March 17, 2005 Agenda due to the fact that the applicant failed to complete the notifications to surrounding property owners as required by the Commission. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 17, 2005) Staff informed the Commission that the application needed to be deferred to the April 28, 2005 Agenda due to the fact that the applicant failed to complete the notifications to surrounding property owners as required by the Commission. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. April 28, 2005 ITEM NO.: D (Cont.) FILE NO.: Z-7781 5 PLANNING COMMISSION ACTION: (APRIL 28, 2005) Willie Adkins was present, representing the application. There was one (1) person present in opposition and one (1) person present in support. Staff presented the item with a recommendation of approval. Troy Laha addressed the Commission in opposition. He stated that he opposed all day care uses in residential areas and explained. He explained that day care uses are businesses and should not be in residential areas. Ruth Bell addressed the Commission in support. She noted that the proposed day care family home complied with all ordinance standards and should be approved. She stated that there was a need for day care family homes. Commissioner Floyd asked when the driveway would be widened. Staff stated that it would be widened within 30 days of the final approval date. The applicant, Willie Adkins, offered no additional comments. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 8 ayes, 2 nays and 1 absent. The application was approved. April 28, 2005 ITEM NO.: E FILE NO.: Z-7783 Owner: Miracle Developments Applicant: Kelton Price Location: 14929 Cantrell Road Area: 2.21 Acres Request: Rezone from R-2 to O-3 Purpose: Future office development Existing Use: Single family residential SURROUNDING LAND USE AND ZONING North – Single family residences and office uses; zoned R-2 and POD South – Single family residences; zoned R-2 East – Single family zoned property and mixed commercial/office uses; zoned R-2, PCD and POD West – Single family residences and office use; zoned R-2 and PD-O A. PUBLIC WORKS COMMENTS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. A minimum dedication of right-of-way to 55 feet from centerline will be required at all locations. Additional easement for future storm water improvements may be required. 2. Provide the direction of flow and all storm water flows (Q) entering and leaving the property. Provide sketch grading and drainage plan showing proposed drainage and grading for future site development. 3. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Westchester Subdivision to the west has a history of flooding problems. Storm water detention ordinance applies to this property and will be required at both discharge points on the property. April 28, 2005 ITEM NO.: E (Cont.) FILE NO.: Z-7783 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #25 (Highway 10 Express Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Westchester-Heatherbrae and Secluded Hills Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a zoning change from R-2 (Single Family District) to O-3 (General Office District) for future development. The request does not require a change to the Land Use Plan because office uses are an appropriate use in Transition. Since this application is in an area shown as Transition and subject to the Highway 10 Overlay District, any proposed development must conform to the overlay standards and be compatible with adjacent development. Based on previous actions of the City, only Planned Office District or “O-1” Quiet Office zoning have been approved in order to assure this compatibility. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road is built as a five-lane road through that area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Cantrell Road may require dedication of right-of-way and street improvements. Since this property is located on a Principal Arterial, access to the site should be minimized and should not impede through traffic. Existing or proposed Class I, II or III Bikeways are not in the immediate vicinity of the development. April 28, 2005 ITEM NO.: E (Cont.) FILE NO.: Z-7783 3 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment goal listed an objective of promoting the vigorous enforcement of the Landscaping and Excavation Ordinance. This action could result in the removal of trees in order to accommodate the development of uses possible office development in the Transition land use category. E. STAFF ANALYSIS: Miracle Developments, owner of the 2.21 acre property located at 14929 Cantrell Road, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed for future office development of the property. The site currently contains two (2) single family residential structures, with a single access drive from Cantrell Road. Single family residences are located on the property immediately west and south of the site. A mixture of residential, office and commercial uses and zoning exists to the west along Cantrell Road. Single family residential and office uses and zoning is located across Cantrell Road to the north. The City’s Future Land Use Plan designates this property as Transition. The requested zoning change to O-3 does not require a change to the Land Use Plan. Staff is not supportive of the requested O-3 zoning. Although staff is not opposed to the redevelopment of this site as office use, staff is concerned with the close proximity of the property to the single family residences to the west and south. Staff feels that important site design issues, such as building height and drainage, would be best addressed through the PZD (Planned Zoning Development) zoning process. As noted in paragraph A. of this report, Public Works notes that the single family neighborhood to the west and south has a history of flooding problems. Additionally, the O-3 zoning district allows a maximum building height of 60 feet, which in staff’s opinion would not be compatible with the adjacent single family neighborhood. Therefore, staff feels that the best approach in redevelopment of this property would be through the PZD rezoning process. This process would assure compatibility of the proposed development with the adjacent single family neighborhood, as required within this area of “Transition”. April 28, 2005 ITEM NO.: E (Cont.) FILE NO.: Z-7783 4 F. STAFF RECOMMENDATION: Staff recommends denial of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) Bill Keathly was present, representing the application. There were several objectors present. Mr. Keathly requested a deferral to the March 17, 2005 Agenda to allow him time to meet with the neighborhood and resolve issues related to the property’s development. There was a motion to defer the application to the March 17, 2005 Agenda. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 17, 2005) Staff informed the Commission that the applicant requested the application be deferred to the April 28, 2005 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Kelton Price and Bill Keathly were present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of denial. Staff noted that the applicant had amended the application to an O-2 rezoning, with building(s) on the site having a residential character and a maximum building height of 35 feet. Kelton Price addressed the Commission in support of the application. He asked for the amendment to O-2. He stated that the property will be developed for lease office space. He noted that the property development would comply with the Highway 10 Overlay Standards. April 28, 2005 ITEM NO.: E (Cont.) FILE NO.: Z-7783 5 The differences between O-3 and O-2 zoning were briefly discussed. Tony Bozynski, Director of Planning and Development, explained that there were a number of site design issues which would be best reviewed through a PZD application. He explained that the use should be reviewed at the same time as the site plan. The differences between a PZD and a site plan review were briefly discussed. Mr. Bozynski explained that there was more flexibility with a PZD. Cindy Dawson, City Attorney, explained that a straight rezoning should not have a number of conditions attached to it. Mr. Price explained that the previous PCD request for this property which was denied, cost the developer money. He briefly discussed building height and site design issues related to this property. The issue of a PZD versus a straight rezoning was briefly discussed. The issue of conditions on straight rezonings was also discussed. Bill Keathly addressed the Commission in support. He explained that he was trying to determine the parameters of the property development without spending additional money on site designs at this time. He explained that a PZD was not a requirement for this property. There was additional discussion related to a PZD zoning for the property. Commissioner Floyd explained that a well presented POD design would be more acceptable to the Commission. Ruth Bell addressed the Commission in opposition. She explained that a POD would be the appropriate approach to development of the property. She noted that it would address site design issues related to this property. Mr. Keathly noted that O-2 zoning required a site plan review and explained. The issue of conditions placed on a straight rezoning was briefly discussed. Dana Carney, of the Planning Staff, noted that the Ordinance allowed an applicant to offer conditions on a straight rezoning application. The issue of site plan review was also discussed. Mr. Keathly stated that all Highway 10 design standards would be met. He made an additional amendment to the application to provide a minimum side (west) setback of 50 feet and a minimum rear setback of 80 feet. This issue was discussed. April 28, 2005 ITEM NO.: E (Cont.) FILE NO.: Z-7783 6 There was a motion to approve the application as amended by the applicant. The motion failed by a vote of 4 ayes, 5 nays, 1 abstention (Williams) and 1 absent. The application was denied. April 28, 2005 ITEM NO.: F FILE NO.: Z-7785 NAME: MDS of Tennessee Medical Waste Disposal Facility – Conditional Use Permit LOCATION: 5400 Scott Hamilton Drive OWNER/APPLICANT: MDS of Tennessee PROPOSAL: A conditional use permit is requested to allow for construction of a medical waste disposal facility on this I-2 zoned, 3.77± acre tract. 1. SITE LOCATION: The property is located on the west side of Scott Hamilton; just south of its northern terminus, north of 65th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the 65th Street Industrial District. Uses in the area are industrial in nature; including warehousing and manufacturing. Areas of undeveloped I-2 and R-2 zoned properties are located to the west and north. Section 36-575 of the code states “medical waste disposal facilities shall not be permitted to operate within 1,000 feet of an occupied structure or district zoned for residential uses.” There are 11 occupied structures and the aforementioned R-2 zoned property within 1,000 feet of the proposed facility. In light of this, staff does not believe the proposed use is compatible with the neighborhood. All owners of property located within 1,000 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline, Wakefield, Geyer Springs and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A single driveway is proposed onto Scott Hamilton Drive. A 24-space parking lot is proposed in front of the building and a truck parking/maneuvering lot is shown behind the building. The business will employ 12-20 persons. It appears there is sufficient parking on the site to accommodate the use. A couple of spaces in the front lot will likely be lost to interior landscape requirements. April 28, 2005 ITEM NO.: F (Cont.) FILE NO.: Z-7785 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. The plan submitted does not allow for the 39-foot wide on-site street buffer required by the Zoning Ordinance nor the 9-foot wide on-site landscape strip required by the Landscape Ordinance along the site’s eastern perimeter. An irrigation system to water landscaped areas will be required. 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter that is damaged in the public right-of-way prior to occupancy. This site is in a sidewalk exclusion zone. 2. All driveways shall be concrete aprons per City Ordinance. 3. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. A special Grading Permit for Flood Hazard areas will be required per Section 8-283 prior to construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: Four (4) inch steel gas main located on Scott Hamilton. This line has sufficient capacity to serve this location. Southwestern Bell: Approved as submitted. 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). Due to the nature of this facility, installation of an approved reduced pressure zone backflow April 28, 2005 ITEM NO.: F (Cont.) FILE NO.: Z-7785 3 preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is not on a CATA bus route. The nearest route is at Scott Hamilton and Hoerner, one block to the south. SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005) Charles Best and Bob Slaughter were present representing the application. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation, number of employees, site lighting, dumpster location and fencing. Staff asked for additional information on the proposed operation; including how many trucks would come to the site daily, how long the medical waste would be kept on the site and where the medical waste would be coming from. The applicant was directed to provide a copy of the application or draft application for permit to Arkansas Department of Environmental Quality, a copy of the facility’s emergency preparedness plan and a copy of the facility’s maintenance schedule. Staff also noted that the applicant must provide the name of contractors retained to build the facility and proof of license required by Arkansas Code. Staff asked the applicant to redesign the handicap parking spaces on the site plan to comply with ADA standards. Staff informed the Committee of the variance from the required 1,000 foot setback from any occupied structure. Public Works and Landscape Comments were noted. Mike Hood of Public Works noted that the site had been in violation of the City’s Land Alteration ordinance due to premature grading and tree removal. He stated the applicant had responded and staff had set aside remaining restoration requirements pending outcome of the C.U.P. process. The applicant was directed to respond to staff issues by January 12, 2005. The Committee forwarded the item to the full Commission. April 28, 2005 ITEM NO.: F (Cont.) FILE NO.: Z-7785 4 STAFF ANALYSIS: MDS of Tennessee is requesting approval of a conditional use permit to allow for development of a medical waste disposal facility on the I-2 zoned property located at 5400 Scott Hamilton Drive. The Code defines medical waste as: Medical waste is solid, semisolid or liquid waste and includes isolation waste, infectious agents, pathological waste, human or animal blood and blood products, sharps and nonsharps, human or animal body parts, contaminated bedding, surgical wastes and other contaminated disposal medical equipment and material that may pose a risk to the public health or welfare. A disposal facility is defined as: Disposal facility means any land and appurtenances thereon and thereto, used for the treatment, storage, or disposal by any means of hazardous or medical waste, excluding a crematorium. The applicants propose to construct a 10,600 square foot (106’ X 100’), one- story, prefab metal building on the site. A series of garage door openings will provide truck access into the building. A single driveway will provide access to the site from Scott Hamilton Drive. A 24-space parking lot will be located in front of the building and a truck parking and maneuvering area will be located behind the building. The building will contain offices and the medical waste disposal equipment. Medical waste will be delivered to the site and off-loaded in the building for treatment. The facility uses autoclave (steam) treatment to decontaminate the medical waste. The treated waste is then compacted and delivered to a landfill site for disposal. The applicant has responded to most of the questions raised at Subdivision Committee. Copies of permit applications to Arkansas Department of Environmental Quality (ADEQ) and the Arkansas Department of Health have been submitted. The facility is proposed to operate 24 hours a day, 7 days a week. Copies of the facility’s emergency procedures and standard operating procedures have been submitted and are attached. The maintenance schedule is as follows: April 28, 2005 ITEM NO.: F (Cont.) FILE NO.: Z-7785 5 Maintenance schedule – Boiler 1. Honeywell controller will be checked daily. 2. Blow down processed daily to eliminate build up and scale. 3. Gas safety shut off will be checked twice a week. 4. Water safety shut off will be checked twice a week. 5. Steam relief valve will be checked daily. 6. Boiler will have a yearly inspection performed by an outside company and the company, which insures the boiler. 7. Steam lines will be checked daily. Maintenance schedule – Autoclave 1. Steam lines checked daily. 2. Steam relief valve checked daily 3. Honeywell chart checked daily. 4. Honeywell chart and controls are required to be checked and calibrated quarterly by a Honeywell representative. Air compressor checked daily. The facility will have 12 to 20 employees. Ten to fifteen truck deliveries will be made daily to the facility. Medical waste will not be stored on the property for longer than 10 days and any waste held for more than 72 hours will be stored at a temperature of 45 degrees or less. All trucks with medical waste on board will be locked at all times until they are unloaded. After being treated, the medical waste will go into a compactor and then a packer box, which will be taken to a landfill. The applicant will try to take packed boxes to the landfill within 8 hours, but it could be 2 to 3 days because of truck problems, weather or the landfill being closed. Medical waste will come to this facility from Arkansas and from out of state. The parent company of MDS, Commodore, has a medical waste disposal facility in Nashville, Tennessee which will serve as the backup facility for this site. This facility will serve as the backup facility for the Nashville plant. Staff is not supportive of the proposed conditional use. Section 36-575 of the Code states “medical waste disposal facilities shall not be permitted to operate within 1,000 feet of an occupied structure or district zoned for residential uses.” A large area of R-2 zoned property is located approximately 200 feet north of this site. Within a 1,000-foot radius around the site are 11 occupied structures including the following: Laidlaw Bus Terminal; Communication Supply Service Association; Windsor Door; East Harding Contractors; SAIA Motor Freight; CD & L; River City Cold Storage; Klean, Inc.; Earle M. Jorgensen Company; RIC, Inc.; and Essick Air Products. The applicant is requesting a variance of this spacing requirement. Staff believes it is more appropriate for the applicant to locate a site which would comply with the spacing requirement so as to lessen the April 28, 2005 ITEM NO.: F (Cont.) FILE NO.: Z-7785 6 potential negative impact on area businesses and properties. An occupied structure is defined as: Occupied structure means a building or other structure: (1) Where any person lives or carries on a business or other calling; or (2) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or (3) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or (4) Which has not yet been constructed or completed but for which a building permit where applicable has been issued by the city and is valid on the date the application for the conditional use permit is filed. Additionally, the site plan does not provide for the required 39 feet street buffer. The plan proposes instead a 10-foot landscape strip. The applicant has also not provided the identity of contractors retained to build the facility and proof of any license required as stipulated by Section 36-579(10) of the Code. Signage and lighting plans have not been submitted. STAFF RECOMMENDATION: Staff recommends denial of the application. STAFF REPORT: On January 24, 2005, the applicant requested deferral of the item to the March 3, 2005 Agenda. Staff supports the requested deferral. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) The applicant was present. There were no registered objectors present. Staff recommended that the item be deferred to the March 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the March 3, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. April 28, 2005 ITEM NO.: F (Cont.) FILE NO.: Z-7785 7 PLANNING COMMISSION ACTION: (MARCH 3, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send notices as required by the Commission bylaws. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the March 17, 2005 Commission hearing. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 17, 2005) The applicant was present. There were several objectors present. Staff informed the Commission that the applicant was requesting deferral of the item due to changes in personnel at the company’s corporate office. Staff explained that the local representative had only been made aware of the change in the afternoon of March 16, 2005 and was not prepared to go to a hearing at this time. A motion was made to waive the Commission’s bylaws and to accept the late request for deferral. The motion was approved by a vote of 8 ayes, 1 noe and 2 absent. The item was then placed on the Consent Agenda and approved for deferral to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There was one (1) objector present. Staff informed the Commission that, on April 25, 2005, the applicant had requested withdrawal of the item. A motion was made to waive the Commission’s bylaws and to accept the late withdrawal request. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 1 FILE NO.: Z-7819 Owner: Melvin T. Ewart Applicant: Phillip M. Wylie Location: 9401 Mabelvale Pike Area: 0.96 Acre Request: Rezone from R-2 to C-3 Purpose: Tire and Auto Service Center Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned C-3 South – Single family residences; zoned R-2 East – Home Depot commercial development; zoned C-3 West – Mixture of single family residential, commercial and industrial; zoned R-2, C-4 and I-2 A. PUBLIC WORKS COMMENTS: 1. Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Furnish signed and notarized dedications with final Board approval of the rezoning request. 3. See also the site development comments on the conditional use permit. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Routes 17 (Mabelvale- Downtown) and 17A (Mabelvale-UALR) run along Interstate 30 to the north. April 28, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7819 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 SWLR United for Progress, West Baseline, Pinedale and Mavis Circle Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for a change from R-2 (Single Family District) to C-3 (General Commercial District) for construction of tire store. The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan. A minor arterial provides connections to and through an urban area and its primary function is to provide short distance travel within an urbanized area. Mabelvale Pike will 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 Chicot West / I-30 South Neighborhood Action Plan. The Community Image goal is to “Foster strong neighborhoods and create an environment that supports independence and personal development by planning and developing a healthy community,” with an action statement, “Review zoning and land use in the area every three to five years.” The plan was reviewed in 2002 during the neighborhood action plan update changes were not made in the application area. Presently the future land use plan calls for Community Shopping at this location, which allows general merchandise stores. The proposed use falls into the General Merchandise Store category according to the U.S. Census Bureau (NAICS Definition 452990). The Economic Development goal states: “Provide a mixed April 28, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7819 3 commercial / residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” Several objectives are relative to this case: “1) Promote the area as a desirable place for commercial interests to locate. Work with the City and Chamber of Commerce to attract businesses. 2) Attract neighborhood oriented businesses. 3) Expand Neighborhood Commercial uses at the intersections of Arterials. This development would occur on a Minor Arterial in a Commercial Node illustrated at its junction with Interstate 30. The additional of commercial to the area could attract new commercial to the area and result in additional investment in the area. E. STAFF ANALYSIS: Melvin T. Ewart, owner of the 0.96 Acre property at 9401 Mabelvale Pike, is requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District. The property is located along the east side of Mabelvale Pike, south of Interstate 30. The rezoning is proposed in order to develop an automobile tire and service center. A conditional use permit application for the proposed development is a separate item on this agenda (Item 1.1). The property is currently undeveloped and mostly grass-covered. There are remnants of old buildings which previously existed on the site. There is a gravel driveway from Mabelvale Pike which has served as access to the property. The general area contains a mixture of uses and zoning. There is undeveloped C-3 zoned property immediately to the north, with single family residences on large lots to the south. The Home Depot development is located to the east. Single family residences, undeveloped property and an equipment rental business are located across Mabelvale Pike to the west. The City’s Future Land Use Plan designates this property as Community Shopping. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Staff feels that the request is appropriate. The abutting property to the north and east is currently zoned C-3, as is the property further south along Mabelvale Pike. Staff believes this proposed C-3 rezoning will have no negative impact on the general area. April 28, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7819 4 F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Dean Taylor was present, representing the application. There were three (3) persons present in opposition. Staff presented the item with a recommendation of approval. The rezoning and conditional use permit (Item 1.1) were discussed simultaneously. Dean Taylor addressed the Commission in support of the applications. He deferred to the opposition to speak. Janet Berry addressed the Commission in opposition. She explained that this property was at the entrance to the Mabelvale area. She made comments related to the proposed C.U.P. She noted that she was opposed to the C.U.P. and neutral to the C-3 rezoning. Joyce Plant also addressed the Commission in opposition. Her concerns were as follows: The building is too large for the lot, drainage after development, removal of trees and landscaping of the property. Troy Laha also spoke in opposition. He expressed concern with issues related to the C.U.P. Dean Taylor addressed the Commission with comments related to the site design and the C.U.P. application. The C.U.P. application was discussed further. A motion was made to approve the C-3 rezoning application. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. April 28, 2005 ITEM NO.: 1.1 FILE NO.: Z-7819-A NAME: Discount Tire and Auto Service Center – Conditional Use Permit LOCATION: 9401 Mabelvale Pike OWNER/APPLICANT: Melvin Ewart/Phillip Wylie PROPOSAL: A conditional use permit is requested to allow for construction of an automobile service center specializing in auto parts sales with limited parts installation and other minor repair and service. The property is zoned R-2 with a C-3 rezoning being requested (Z-7819). 1. SITE LOCATION: The site is located on the east side of Mabelvale Pike, approximately 400 feet south of the I-30 Frontage Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. A large commercial shopping center is located to the east on C-3 zoned property. The C-3 zoned property to the north is currently undeveloped. A variety of nonresidential uses are located on the C-4, I-2 and R-2 zoned properties across Mabelvale Pike to the west. A single family residence is located on the R-2 zoned property to the south. It is likely that the property to the south will not remain residential. The proposed use is compatible with uses in the area and fits within uses identified by the land use plan for this area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Mavis Circle, SWLR United for Progress and Pinedale Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: This 7,245 square foot auto service center is required to have 34 on-site parking spaces; 5 plus 1 per 250 square feet of floor area. The applicant proposes a single driveway off of Mabelvale Pike. Forty-six (46) parking spaces will be provided; including the10 spaces in the building and 1 stacking space at each garage door. The applicant has redesigned the front parking to address staff concerns. April 28, 2005 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Interior landscape islands are 88 square feet less than the 1,709 square feet required by the landscape ordinance. An average eleven (11) foot wide land use buffer is required to separate the proposed development from the residential property to the south. Seventy percent of this buffer is to remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. 5. PUBLIC WORKS COMMENTS: 1. With future 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. 2. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan and all discharge locations. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: 30’ easement is required along southern and northern perimeters. CenterPoint Energy: Approved as submitted. Southwestern Bell: Approved as submitted. Water: All Central Arkansas requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Contact April 28, 2005 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A 3 Central Arkansas Water regarding the size and location of the water meter. 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. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding building design, signage, days and hours of operation, number of employees, fencing and site lighting. It was noted that some of the parking needed to be redesigned to provide proper maneuvering area. Public Works Comments were discussed. It was noted that the required right-of- way dedication would occur through the accompanying rezoning (Z-7819). Utility Comments were noted. Landscape Comments were discussed. It was suggested that a variance from the buffer requirement on the south perimeter might be requested since it was likely that the adjacent property would not remain residential. The applicant was instructed to respond to staff issues by April 13, 2005. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for development of a new, auto service center on this 0.96 acre tract. The property is currently zoned R-2. A C-3 rezoning request is a separate item on this agenda. The development includes a 7,245 square foot, one-story, prefinished metal building, a paved parking lot and associated landscaping. The building will contain 10 service bays accessed by 5 garage doors on the front and rear of the building, offices, customer waiting area and storage areas. Signage is to consist April 28, 2005 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A 4 of 2 wall signs (one each on the west/front and north/side facades) and a single ground-mounted sign to comply with commercial standards (160 square feet, 36 feet in height). Hours of operation are proposed as Monday through Friday, 7:30 a.m. to 5:30 p.m. and Saturday, 7:30 a.m. to noon. Initial employment will be 6 to 7 persons but may expand slightly. Site lighting will be provided by six (6) exterior wall sentinels. They will be shielded to assure that light is directed only to the immediate premises. No fencing is proposed. The specific proposed use is a retail automotive service center engaged in the sale of tires, wheels and associated parts and accessories. The business will provide services including alignment, brake, oil and filter change and other minor repair and service. On April 13, 2005, the applicant submitted responses to the issues raised at Subdivision Committee. The plan has been modified to show required landscaping and to realign the front parking spaces. The applicant is requesting a waiver of the buffer and screening requirement on the south perimeter. Staff is supportive of this request. The property to the south will likely be redeveloped for a commercial use in the near future. A variance is requested to allow the wall sign on the north façade; a wall sign without direct street frontage. Staff is also supportive of this request. The applicant has proposed minimal wall signage on the front façade. The applicant is also requesting a deferral of the requirement to install a sidewalk. The other required street improvements and widening will be done. Staff is supportive of a sidewalk deferral for no more than five (5) years or until adjacent development. This acreage tract is not covered by a bill of assurance. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The use is to be limited that specifically proposed; auto parts sales with limited motor vehicle parts installation and minor repairs and service. Staff recommends approval of the requested waiver of the buffer and screening requirements on the south perimeter. Staff recommends approval of a variance to allow a wall sign on the north façade. Staff recommends approval of a deferral of sidewalk construction for a maximum of five (5) years or until development on adjacent property. April 28, 2005 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-7819-A 5 PLANNING COMMISSION ACTION: (APRIL 28, 2005) Dean Taylor was present representing the application. There were three (3) registered objectors present. The item was discussed in conjunction with the rezoning request; item #1. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Mr. Taylor stated he had no additional comments and would reserve his time to respond to issues raised by the opponents. Janet Berry, of SWLR United for Progress, stated she was representing the Chicot West/I-30 South Neighborhood Action Plan. Ms. Berry stated this property was in an area that was an entrance to the neighborhood and a metal building was an inappropriate use. She stated there were still residential properties in the area. Ms. Berry stated the proposed business would generate noise and traffic. She stated the property owner has never maintained the site. Ms. Berry asked the Commission to deny the C.U.P. She stated she was neutral on the C-3 rezoning. Joyce Plant, of 9400 Mabelvale Pike, voiced concerns about traffic and drainage. She also voiced opposition to any burning of trees associated with future clearing of the site. Troy Laha, of 6602 Baseline Road, asked why the sidewalk was not being constructed. He stated the building needed better design. Mr. Laha stated he was opposed to both the C.U.P. and the C-3 rezoning. Mr. Taylor responded by amending the application as relates to the building design. He stated the building would have a 3-foot tall brick band at the base of the façade and the remainder of the façade would be drivet or stucco. He stated that would apply to all four (4) sides of the building. He also committed to having a four (4) foot tall parapet or fascia to extend above and hide the roof. Bob Brown, Plans Development Administrator, discussed landscaping on the site and stated the proposed plan complied with the Landscape Ordinance. Commissioner Adcock voiced concern about noise and about the Commission “making deals” at the meeting. Commissioner Floyd stated he was opposed to the C.U.P. but was supportive of the C-3 rezoning. A motion was made to approve the C-3 rezoning. The vote was 11 ayes, 0 noes and 0 absent. A motion was made to approve the C.U.P. as amended, including all staff comments and conditions. The vote was 7 ayes, 4 noes and 0 absent. Commissioner Adcock asked that all conditions and amendments be put in writing. Staff assured her that they would. April 28, 2005 ITEM NO.: 2 FILE NO.: LU05-06-01 Name: Land Use Plan Amendment - East Little Rock Planning District Location: Southeast corner of East 6th and Bender Streets Request: Low Density Residential to Commercial Source: Travis Coleman PROPOSAL / REQUEST: Land Use Plan amendment in the East Little Rock Planning District from Low Density Residential to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant would like to construct a parking lot on the site to serve as parking for an adjacent use north of the property. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include area the area north of the site since the property in question is directly related to the use in the expanded area. With these changes, Commercial would be shown on three corners of the East 6th Street - Bender Street intersection. EXISTING LAND USE AND ZONING: The land is zoned R-4 (Two Family District) and I-2 (Light Industrial District), 0.6 acres ± in size. The R-4 land is undeveloped while the I-2 land is developed with auto repair shop. North of the property is additional land zoned R-4 and developed with an old school building being currently used as a distribution center for the school district. Also north of the site are several pockets of I-2 and I-3 land that are being used as a car lot, barber shop, and small salvage yard. Northeast of the property is zoned R-4 partly vacant and partly developed with single family homes. Also northeast is land zoned C-3 (General Commercial District) mostly vacant and developed with one single family home. Further northeast of the site is land zoned PR (Parks and Recreation District) and developed with the East Little Rock Park. East of the application area is zoned R-4 mostly vacant and clear with several older single family homes. South of the property is land zoned R-4 and vacant. Further south and on the opposite side of East 8th Street is land zoned I-3 (Heavy Industrial District) and developed with a large industrial use. Southwest of the property is zoned I-3 and being used for industrial purposes. Immediately west of the property is I-2 (Light Industrial District) being used for open display large equipment storage on an April 28, 2005 ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01 2 unpaved lot. Northwest of the property is zoned R-4 and developed with several single family homes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On March 18, 2003, multiple changes were made around and including the applicant’s property as a result of the East of I-30 Study. This study resulted in a variety of amendments in the area to Commercial, Mixed Use Urban, Light Industrial, Low Density Residential, and Park Open Space, Public Institutional. A change was made that included the applicant’s property from Single Family to Low Density Residential. Immediately west and northwest of changes were made from Industrial and Multifamily to Commercial. The applicant’s property and the expanded area are shown as Low Density Residential. Immediately west of the application is a Commercial node illustrated at the Bond Avenue-East 6th Street intersection. Northeast of the property is an area of Park/ Open Space and additional Low Density Residential. To the south and southeast are areas of Low Density Residential and an area of Light Industrial -a strip of Park/Open space separates the two. Southwest of the property and on the opposite of the railroad tracks is an area shown as Industrial. MASTER STREET PLAN: Bender 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. Bender Street may require dedication of right-of-way and will require street improvements. Bender Street may also need to be constructed to commercial street standards if non-residential development occurs along the street. BICYCLE PLAN: Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. PARKS: This application is located in the East District, which has a goal of improving the condition of existing parks. Northwest of the property is the East Little Rock Park, a 30 acre Community Park complete with playgrounds, basketball courts, baseball fields, a community center, and pool. About a quarter mile northwest of the property is the William Jefferson Clinton Presidential Park, another large Community Park, 27 acres in size. This park fronts the Arkansas River west of the Presidential Center, and is linked to the nearby River Market District by a April 28, 2005 ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01 3 pedestrian walkway. The community park has connections to the nearby Medical Mile (currently under construction), the Riverfront Amphitheatre, and Riverfront Park. The Parks and Recreation Master plan shows the proposed “Take it to the Edge” trail less than a half mile north of the property that will follow the Arkansas River levy and serve as a regional recreation trail. 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: This application is in an area that was once a vibrant single family neighborhood adjacent to an industrial and warehousing area. A loss of population and an increase in industrial activity over recent decades has caused the neighborhood to decline. The end result has been some disinvestment in the existing housing stock leading to numerous unsafe and vacant structures, teardowns, and vacant lots. Within the surrounding Low Density Residential area are industrial and commercial uses on land zoned C-3, I-2, and I-3 inconsistent with the current land use plan. Also in the area are several non-conforming uses. With the recent completion of the Clinton Presidential Center and Park, the current construction of the Heifer International head quarters, and growth in the nearby River Market District, redevelopment of and reinvestment in existing properties is anticipated which may resulting a vibrant neighborhood once again. Phase II of the River Rail project will add additional trolley lines connecting the Presidential Center and Park and Heifer International with the existing system, and is expected to be completed this summer. This will result in a trolley line just over a half mile from this site. Future plans for rail expansion indicate a rail connection to the airport, which will travel through the Commercial node at East 6th Street and Bond Avenue -immediately west of the application. Just north of this site is East 6th Street, which is shown as a Minor Arterial on the Master Street Plan. The Master Street Plan indicates a new alignment of East 6th Street at Bond Avenue that will connect the application area directly to Heifer International, the Presidential Center and 3rd Avenue. This connection, the 3rd Street Extension, could act as a catalyst for future development of the area since access to the application would be directly linked to downtown. April 28, 2005 ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01 4 The area east of Interstate 30 was extensively reviewed in 2003 under the Mayor's East of I-30 Study to reflect the short term and long term impacts of changes stemming from recent and proposed area developments. The study resulted in numerous land use plan changes to reflect anticipated growth and changes in the area. The amendments included the applicant’s property and changed it from Single Family to Low Density Residential to allow for residential densification. Immediately west of the applicant’s property, between Bender Street and Bond Avenue, staff envisioned a conversion of the existing industrial uses and changed it from Industrial to Commercial. The changes to Commercial are intended to enable a “mixed-use downtown” development pattern for a Commercial node at East 6th Street and Bond Avenue. Ideally staff would like to see Planned Zoning Developments (PZDs) in the area to fulfill the goal of true mixed use developments in the area. Flexibility in building orientation and design for retail commercial and residential developments in this area are encouraged to create a pedestrian friendly environment and strong neighborhood. Since the amendments happened only two years ago, sufficient time may not have passed to warrant any changes. One of the goals of the Study was to strengthen and develop two “residential villages” of which this is one. Any changes in the area that might harm the area’s long term vision of a mixed use residential village should be discouraged. Addition of Commercial west along 6th Street could result in a strip development pattern breaking the east Little Rock neighborhood into two. Although strip development could create a neighborhood “Main Street” for area, it may not be able to be supported by the area population and may harm development of the existing Commercial area. The changes brought on by the Presidential Center and Park and the Heifer International projects are significant. However the Library has just opened and Heifer's first phase is still under construction. Thus the potential impacts are just beginning to be seen. Speculation has begun in the area with potential investors and developers contacting current owners about selling. This a volatile time for the area. Until the developments already proposed have a chance to be developed and start functioning, any change to the future plans will only add instability to the area. The current plan as envisioned by the East of I-30 Study brought the excitement and activity of the greater River Market area east of the interstate around the two new major developments (Presidential Library and Heifer) to Bond Avenue. In order to support this development, Downtown, the Airport, surrounding business areas, two residential neighborhoods (Hanger Hill and East Little Rock) were envisioned as neighborhoods next to the active cultural areas. At this time the Low Density Residential area near Bender Street has yet to significantly develop with residential. Immediately west of the application there April 28, 2005 ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01 5 have been improvements to a single family home. Several renovation permits have been issued to homes near Riechardt Street and Flectcher Street since first announcement of the Presidential Center and Park. This reinvestment trend could pick up pace once the benefits and presence of Heifer International and the Presidential Center are recognized. Expansion of the Commercial node eastward could harm potential residential development / redevelopment in the Low Density Residential area. While it is true only a little reinvestment has occurred to date for residential in the area, there has been some. With the existing elementary school in the area as well as numerous employment opportunities area the area, this is a prime location of residential development. NEIGHBORHOOD COMMENTS: Notice was sent to the East Little Rock Neighborhood Association neighborhood associations. Staff has not received any comments about this application. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate because the vision created in the East of I-30 Study has not had time occur. The newly established Commercial node has not yet developed and expansion into a Low Density Residential area could be considered premature and deter future residential development. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Brian Minyard, City Staff, made a brief presentation to the commission. Monte Moore made a presentation of item 2.1 and Dana Carney made a presentation of item 5. These three items were on related matters, there for a discussion of all three was conducted together. See item 2.1 for a complete discussion concerning the rezoning of the southern lot from R-4 to C-4 and See item 5 for a complete discussion concerning the Conditional Use Permit on the northern lot. Mr. Coleman, the applicant, spoke in favor of the application. Chairman Mizan Rahman asked if the Land Use Plan Amendment covered all of the area. Dana Carney responded that the zoning was on the southern lot; the conditional use permit is on the northern lot; and a Land Use Plan amendment covered both of the lots. Angie Weber, a resident on 6th Street said that Mr. Coleman, the applicant, was a good neighbor but was concerned about parking concerns. She was against the item. April 28, 2005 ITEM NO.: 2 (Cont.) FILE NO.: LU05-06-01 6 Betty Finley, property owner of 1811 E 6th Street, spoke in opposition to the item. She referred to the East of I-30 Study, which made the area Low Density Residential. A motion was made to approve the item as presented. The item failed with a vote of 3 ayes, 6 noes, 1 absent and 1 abstention. April 28, 2005 ITEM NO.: 2.1 FILE NO.: Z-7820 Owner: Travis Coleman, Sr. Applicant: Travis Coleman, Sr. Location: 615 Bender Street Area: 0.1887 Acre Request: Rezone from R-4 to C-4 Purpose: Parking lot and auto sales Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Auto repair shop; zoned I-2 South – Undeveloped property; zoned R-4 East – Single family residences; zoned R-4 and C-3 West – Heavy equipment and material storage; zoned I-2 and I-3 A. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Bender Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from Centerline. 2. Furnish signed and notarized dedications with final Board approval of the rezoning request. 3. With parking lot construction, provide Public Works with a design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #12 (East 6th Street Route) runs along East 6th Street to the north. April 28, 2005 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820 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 East Little Rock and Hanger Hill Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the East Little Rock Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a change from R-2 (Single Family District) to C-4 (Open Display Commercial District) for expansion of an adjacent auto repair and sales business. This application is in an area that was reviewed in 2003 under the East of I-30 Plan to reflect the short term and long term impacts of the changes resulting from the Presidential Park and Heifer International Headquarters locating in an area which had historically been industrial. The study proposed further conversion of the industrial uses to a ‘mixed downtown’ development pattern. It encouraged minor densification of residential areas east of Bond Street and the Hanger Hill area. The study created a commercial node west of the property, and allowed for denser housing on the applicant’s property. This new node was proposed where two Minor Arterials meet (Bond and 6th Streets). It was intended to satisfy the needs of the residential east of Bender and the mixed developments along Bond and further to the west. A trolley line is anticipated to link the airport to downtown with both of the possible alignments passing through or near the proposed commercial node. With this linkage proposed transit oriented development and higher density housing is anticipated for the area. Flexibility in building orientation and design for retail commercial and residential developments in this area is encouraged to create a pedestrian friendly environment and strong neighborhood. A land use plan amendment for change to Commercial is a separate item on the agenda. Master Street Plan: Bender 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. Bender Street may require dedication of right-of-way and will April 28, 2005 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820 3 require street improvements. Bender Street may also need to be constructed to commercial street standards because it is shown as Commercial on the future land use plan. Bicycle Plan: Existing or proposed Class I, II or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Travis Coleman, Sr., owner of the 0.1887 Acre property at 615 Bender Street, is requesting to rezone the property from “R-4” Two-Family Residential to “C-4” Open Display District. The property is located on the east side of Bender Street, south of East 6th Street. The rezoning is proposed in order to develop the property as a parking lot and auto sales, for the auto repair business located on the adjacent property to the north. The property is currently undeveloped and partially grass-covered. It appears some site work has taken place in preparation for the proposed parking/auto sales lot. The general area contains a mixture of uses and zoning. There is an auto repair shop and single family residences on the I-2/R-4/C-3 zoned property to the north, along the south side of East 6th Street. There is a Little Rock School District office/warehouse building across East 6th Street to the north. Undeveloped R-4 zoned property is located to the south. Single family residences are located on the R-4/C-3 zoned property to the east. The I-2/I-3 zoned property across Bender Street to the west contains heavy equipment and material storage. The City’s Future Land Use Plan designates this property as Low Density Residential. The applicant has filed a Land Use Plan Amendment for a change to Commercial. This application is a separate item (Item2.) on this agenda. Staff is not supportive of the requested rezoning to C-4. The City’s Future Land Use Plan for this area was reviewed in 2003 as part of the East of April 28, 2005 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820 4 I-30 Plan. At that time, it was determined that Bender Street would be the dividing line between nonresidential designation to the west (along Bond Street) and residential to the east. The area west of Bender Street was downgraded from Industrial to Commercial. The area east of Bender Street, which includes this property, was changed from various designations to Low Density Residential, to encourage denser housing development. Staff believes the proposed zoning change to “C-4” Open Display District is inappropriate. In staff’s opinion, there have been no significant changes in this area since the Land Use Plan was reviewed in 2003 which would support the proposed rezoning. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Travis Coleman, Sr. was present, representing the application. Staff presented the item with a recommendation of denial. The rezoning, land use plan amendment (Item 2) and conditional use permit (Item 5) were discussed simultaneously. Travis Coleman, Sr. addressed the Commission in support of the application. He explained that rezoning this lot would have a major impact on the auto repair business. He explained that he needed the additional parking. He noted that he would keep the property clean. There was a brief discussion of the proposed auto sales use. There was additional discussion of landscaping, screening and paving requirements related to the proposed parking lot/auto sales lot. The issue of the auto sales lot was discussed further. Angie Weber addressed the Commission in opposition. She explained that the existing parking lot was not adequate for Mr. Coleman’s business. She noted that Mr. Coleman had removed trees from the property at 615 Bender Street. Commissioner Meyer explained that the proposed parking lot might help clean up the property. Dana Carney, of the Planning Staff, noted that the property is in violation of the Ordinance and should be cleaned up (outdoor storage). Ruth Bell also addressed the Commission in opposition. She stated that she opposed C-4 zoning next to residential property. April 28, 2005 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-7820 5 Betty Findley also spoke in opposition. She noted that she owns the property next door at 1811 East 6th Street. She presented photos to the Commission showing the condition of the Coleman property. She explained that the property was in poor conditions. She noted that she received no notice of the public hearing. Staff explained that she was mailed a certified notice and that the post office returned it as “undeliverable”. She made additional comments in opposition to the rezoning and C.U.P. She expressed concern with additional traffic in the area. Mr. Coleman explained that Ms. Findley had not lived in the neighborhood in 20 years. He noted that he would clean up the property. A motion was made to approve the rezoning application. The motion failed by a vote of 5 ayes, 5 nays and 1 absent. The application was denied. April 28, 2005 ITEM NO.: 3 FILE NO.: Z-7821 Owner: Our Way Inc. Applicant: Sharlett Craig of Our Way Inc. Location: 10434 West 36th Street Area: 16.08 Acres Request: Rezone from R-2 to MF-12 Purpose: To recognize the existing use of the property. Existing Use: Multifamily housing for the physically challenged and elderly. SURROUNDING LAND USE AND ZONING North – Undeveloped property and nursing home; zoned MF-12 and MF-18 South – Undeveloped property and church (across West 36th Street); zoned R-2 East – UCP Rehabilitation and Skills Training Center, undeveloped property and church; zoned PCD, R-2 and POD West – Undeveloped property; zoned O-3 A. PUBLIC WORKS COMMENTS: 1. The right-of-way for 36th Street as shown on the survey is acceptable for Master Street Plan standards at this location. 2. Any future site construction or re-development will be subject to Master Street Plan improvements. B. PUBLIC TRANSPORTATION ELEMENT: The property is located on CATA Bus Route #14 (Rosedale Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow, Kensington April 28, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-7821 2 Place, Campus Place and Westbrook Neighborhood Associations 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 change from R-2 (Single Family District) to MF-12 (Multifamily District) to recognize an existing apartment complex use. 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. A Minor Arterial provides connections to and through an urban area and its primary function is to provide short distance travel within the urbanized area. West 36th Street may require dedication of right-of-way and street improvements. Bicycle Plan: A Class II bikeway is shown on West 36th Street adjacent to the property. 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 on West 36th Street. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal is to provide “An improved overall appearance and safety of the John Barrow neighborhood area,” and listed two objectives relevant to this case. The first objective is “create programs that will reduce the public safety concerns of all residents in their neighborhood areas.” Two action statements “Improve street lighting to deter crime in the area,” and “Implement a sidewalk replacement program to allow residents of the area to walk and be outdoors more,” are directly related to this application. Since this multifamily development will provide multiple units in the area, damaged or missing sidewalks adjacent to the property should be repaired and lighting improved to create a safe and walkable neighborhood. The second objective, “Encourage programs directed toward the social service needs of youth in the area,” had one action statement directly related to this application “Provide positive April 28, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-7821 3 organized/structures activities for young children.” Since this is a multifamily development, playgrounds and recreation areas should be included in the design for the benefit of families and children. E. STAFF ANALYSIS: Our Way Inc., owner of the 16.08 Acre property at 10434 West 36th Street, is requesting to rezone the property from “R-2” Single Family District to “MF-12” Multifamily District. The property is located on the north side of West 36th Street, east of Shackleford Road. The rezoning is proposed in order to recognize the existing multifamily use of the property. The property is currently occupied by a multiple building multifamily development operated by Our Way Inc. The development contains 144 residential units for physically challenged and elderly households. The development consists of 37 buildings and 110 paved parking spaces. There is an asphalt driveway from West 36th Street which serves as access to the property. The general area contains a mixture of uses and zoning. Undeveloped property and a nursing home, zoned MF-12 and MF-18, are located to the north. Undeveloped O-3 zoned property is located to the west, along the east side of Shackleford Road. The UCP Rehabilitation and Skills Training Center, a church and undeveloped property is located to the east. Undeveloped R-2 zoned property and a church are located across West 36th Street to the south. The City’s Future Land Use Plan designates this property as Multifamily. The proposed zoning change to MF-12 does not require a change to the Land Use Plan. Staff is supportive of the requested MF-12 zoning. As noted previously, the past use of the property has been 144 multifamily housing units for the physically challenged and elderly. The applicant has proposed a condition for the MF-12 zoning to be the continued use of the property for physically challenged and elderly housing. Staff is also supportive of this condition. Therefore, the rezoning ordinance presented to the Board of Directors will contain the condition which will read as follows: “The only permitted use of the property will be 144 multifamily housing units for the elderly and physically challenged, with no changes to the property’s existing site plan.” April 28, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-7821 4 If the property was proposed to be multifamily housing for the general public, sufficient parking would not exist on the site to satisfy zoning ordinance requirements. In this case, the applicant would be required to file a site plan review application to add parking spaces to the development. The conditions as offered by the applicant satisfies this issue. Staff feels that the proposed rezoning to recognize the existing nonconforming use of the property is reasonable and should have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF-12 rezoning, subject to the following condition (as offered by the applicant): 1. The only permitted use of the property will be 144 multifamily housing units for the elderly and physically challenged, with no changes to the property’s existing site plan. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. April 28, 2005 ITEM NO.: 4 FILE NO.: Z-1662-C NAME: Donnie’s Foreign Car Service – Revised Conditional Use Permit LOCATION: 104 Markham Park Drive OWNER/APPLICANT: Donnie Van Patter PROPOSAL: A revision to a previously approved conditional use permit is requested to allow an auto repair garage in the existing building on this C-3 zoned property. 1. SITE LOCATION: The property is located on the south side of Markham Park Drive; between West Markham Street and North Bowman Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the intensely developed Markham/Bowman Commercial Neighborhood. All surrounding properties are zoned commercial and contain a wide variety of commercial uses. As long as there is no outside storage of auto parts or storage of inoperable vehicles on this site, the proposed use should be compatible with uses and zoning in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Birchwood and Woodland Hills/Aspen Highland Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed by one driveway off of Markham Park Drive. There are 26 parking spaces, plus the spaces in the service bays. This 9,000 square foot auto service center is required to have 40 parking spaces; 5 spaces plus 1 space per 250 square feet. The original C.U.P. was approved with the current parking numbers. No expansion of the facility is proposed. 4. SCREENING AND BUFFERS: No comments on use change for existing building. April 28, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-1662-C 2 5. PUBLIC WORKS COMMENTS: 1. No comments on proposed change of use for existing building. 2. This land is located in the floodplain. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to any future construction or improvements. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Service line improvements may be required for auto repair business at this location. Contact LRWU for details prior to starting operations. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation and the number of employees. The applicant was asked to indicate on the site plan where vehicles awaiting service were to be stored. Public Works, Utility and Landscape Comments were noted. The applicant was instructed to respond to staff issues by April 13, 2005. The Committee forwarded the item to the full Commission. April 28, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-1662-C 3 STAFF ANALYSIS: In April 1987, a conditional use permit was approved for this C-3 zoned site to allow an automobile service business that specialized in “tire sales and minor repair, excluding body work.” The building is now occupied by Donnie’s Foreign Car Service, Best Tire and Reliable Transmission. Donnie’s does mostly service work; including tune-ups, oil changes, timing belts, brakes, water pumps, belts, tires, engine performance computer upgrades, air intakes, repair of oil leaks, struts and shocks. The business does not do engine overhauls, engine rebuilding, paint or body work, machine work or car restoration. The transmission shop rents one bay in the building. Staff determined the activity in the building now exceeded that which was allowed under the approved C.U.P. The applicant subsequently applied for this revision. No changes are proposed to the site. There may be a change of text on the existing signs to accommodate the users. Hours of operation are 7:30 a.m. to 5:30 p.m., Monday through Friday. Donnie’s has 7 employees and Reliable Transmission has one employee. There is no storage of parts, equipment or materials outside of the building. Four (4) parking spaces are indicated on the site plan for parking of inoperable vehicles awaiting service. The use is not in violation of the 1986 Bill of Assurance for Markham Commercial Subdivision. With appropriate conditions attached to the use, staff believes it is compatible with uses and zoning in the area. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with all comments and conditions outlined in Sections 4, 5 and 6 of the Staff Report. 2. There is to be no outside storage of parts, equipment or materials. 3. All work must take place within the enclosed building. 4. No inoperable vehicles are to remain on the site for longer than thirty (30) days. 5. All dumpsters and trash collection areas are to be screened as required by the Code. April 28, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-1662-C 4 PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission that the item needed to be deferred since the applicant had sent the required notices only 7 days prior to the meeting, not 15 days as required. There was no further discussion. The item was placed on the Consent Agenda and deferred to the June 9, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 5 FILE NO.: Z-4189-B NAME: Coleman Convenience Store – Conditional Use Permit LOCATION: 1805 East 6th Street OWNER/APPLICANT: Henry Coleman/Travis Coleman PROPOSAL: A conditional use permit is requested to allow a convenience store in the front portion of the existing building on this I-2 zoned property. 1. SITE LOCATION: The property is located the southeast corner of East 6th and Bender Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. Single family homes are located on the R-4 and C-3 zoned properties to the east. The R-4 property to the south is vacant. A LRSD office-warehouse is located across 6th Street, to the north. A large area of I-2 and I-3 zoned properties extends to the west. The vacant, I-2 property immediately to the west is being used for the storage of heavy equipment and materials. The proposed convenience store, utilizing the front 27 feet of this existing building, should be compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and East Little Rock Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: An existing, paved parking lot is located west of the building. Access is only from Bender Street. There may be as many as 14 to 15 parking spaces on the site, but it is somewhat difficult to determine since vehicles are parked haphazardly on the site. The applicant needs to park vehicles in an orderly manner, utilizing marked parking spaces. Four spaces near the front of the site must be marked for use by convenience store customers. Staff anticipates many of the customers may be neighborhood residents. If the on-site parking is “cleaned-up”, it should be sufficient for the use. April 28, 2005 ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B 2 4. SCREENING AND BUFFERS: An upgrade in landscaping may be required if remodeling or rehabilitation of the structure exceeds fifty (50) percent of the building’s current replacement cost. 5. PUBLIC WORKS COMMENTS: 1. East 6th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline will be required (special reduced standard). 2. The proposed land use would classify Bender Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from Centerline. 3. Furnish signed and notarized dedications with final Board approval of the rezoning request. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Any food preparation facilities will require installation of grease trap. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: 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). Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. April 28, 2005 ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B 3 SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, uses, days and hours of operation, number of employees, site lighting and fencing. Staff noted the dumpster location and on-site parking spaces needed to be shown on the plan. Public Works, Utility and Landscape Comments were noted. Staff stated the applicant would be contacted regarding the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The I-2 zoned property located at the southeast corner of East 6th and Bender Streets is currently occupied by an auto part sales and auto repair garage business. The site contains a 50’ X 105’ building and a paved parking lot. The applicant proposes to utilize the front 27 foot portion of the building for a convenience store. The remainder of the building will continue to be used for the auto parts and service business. The proposed convenience store will operate 7:00 a.m. to 7:00 p.m., Monday through Saturday. Signage will consist of wall or awning signs on the building. Signage will comply with ordinance standards. The convenience store will employ two (2) persons. Any new site lighting will be shielded downward and into the site. While staff is supportive of the proposal and believe that the proposed convenience store will provide a needed service to neighborhood residents, there are a few issues that need to be addressed on the site. The applicant must clean-up the on-site parking situation. Currently, the parking lot is virtually inaccessible due to vehicles being parked haphazardly on the site. This must be addressed by parking vehicles in an orderly manner, in marked spaces. Four (4) spaces near the front of the site must be marked for use by convenience store customers. All outdoor service and work on vehicles must cease and any outdoor storage of parts must cease. This is a violation of the I-2 zoning district criteria, which require all uses to take place within the enclosed building. The dumpster must be screened to comply with Ordinance Standards. April 28, 2005 ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B 4 If these issues are addressed, staff believes the proposed convenience store will be an appropriate use on the site. The 1912 bill of assurance does not address use issues. The use is compatible with uses and zoning in the area and should provide a needed service to neighborhood residents. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow a convenience store in the front 27 feet of this existing building subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Any new site lighting must be shielded downward and into the site. 3. All outdoor service and work on vehicles and outdoor storage of parts must cease. 4. The dumpster must be screened to comply with Ordinance Standards. 5. The on-site parking must be cleaned up. The vehicles must be parked in an orderly manner, in marked spaces. Four (4) spaces at the front of the site must be marked for use by convenience store customers and the on-site driveway must remain open. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant, Mr. Coleman, was present. There were three (3) registered objectors present. The item was discussed in conjunction with items 2 and 2.1; 615 Bender Street. Staff presented the C.U.P. application and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Mr. Coleman stated he needed the property at 615 Bender Street rezoned to allow him to relocate a car sales lot from North Little Rock and to allow him to clean-up his existing parking lot and to make it more accessible. He stated the office for the car lot would be in the existing building at 1805 East 6th Street. Angie Weber, of 1815 East 6th Street, spoke in opposition. She discussed Mr. Coleman’s property and described several problems on the site. Ms. Weber stated she did not want a convenience store next door. Ms. Weber stated Mr. Coleman needed to keep his car lot on Broadway in North Little Rock. Commissioner Meyer stated he was looking at this C.U.P. as an opportunity to get the site cleaned-up. In response to a question from Commissioner Meyer, staff stated they would investigate the site for any violations. Ruth Bell, of the League of Women Voters, spoke in opposition to the C-4 rezoning at 615 Bender. April 28, 2005 ITEM NO.: 5 (Cont.) FILE NO.: Z-4189-B 5 Betty Findley, of 4900 Randolph Road in North Little Rock, spoke in opposition. She stated she owned the property at 1811 East 6th Street. She presented photographs of Mr. Coleman’s property and noted several problems with the site. Staff did not receive copies of the photos. She stated she did not receive notice of the hearing. Staff responded that the notices were done correctly and Ms. Findley’s notice was returned marked “undeliverable”. Ms. Findley asked why no privacy fence was installed as was required in 1984. Staff responded that the issue would be investigated. She stated a used car lot was not a welcome use in the area. Mr. Coleman responded that the Findley house at 1811 East 6th Street had been vacant for about 20 years. He stated he would clean-up his site. Commissioner Meyer stated he wanted the City to enforce any violations on the property. A vote was taken on item 2, the land use plan amendment. The vote was 3 ayes, 6 noes, 1 absent and 1 abstaining (Rector). A vote was taken on the rezoning of 615 Bender Street. The vote was 5 ayes, 5 noes and 1 absent. A motion was made to approve the C.U.P. application, subject to compliance with all staff comments and conditions. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Adcock). April 28, 2005 ITEM NO.: 6 FILE NO.: Z-4384-E NAME: Tender Touch Grooming – Conditional Use Permit LOCATION: 13420 Otter Creek Parkway, Suite 7 OWNER/APPLICANT: EZ Mart Stores/Glenn Crisel PROPOSAL: A conditional use permit is requested to allow a dog grooming business in one suite of the existing building on this C-1 zoned property. 1. SITE LOCATION: The property is located at the northwest corner of Stagecoach Road and Otter Creek Parkway. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the Stagecoach/Otter Creek commercial node. Properties to the north, south and west are zoned C-1 and C-2 and contain a variety of commercial uses. A utility substation is located on the R-2 zoned property across Stagecoach Road to the east. The proposed use, utilizing one bay of this existing strip center should be compatible with uses and zoning in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Otter Creek and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The property contains a parking lot with access drives onto Stagecoach Road and Otter Creek Parkway. There is sufficient on-site parking to accommodate this use within the existing commercial strip center. 4. SCREENING AND BUFFERS: No Comment regarding use change in existing building. 5. PUBLIC WORKS COMMENTS: No comment regarding use change in existing building. April 28, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-4384-E 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: Approved as submitted. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact Carol Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation and number of employees. Staff noted the required cover letter and property owner authorization had not been submitted. Staff questioned whether the required notification sign had been posted on the property. Public Works, Utility and Landscape Comments were noted. Staff stated the applicant would be contacted regarding the various issues and comments. The item was forwarded to the full Commission. April 28, 2005 ITEM NO.: 6 (Cont.) FILE NO.: Z-4384-E 3 STAFF ANALYSIS: A conditional use permit is requested to allow a dog grooming business in one suite of the existing, multi-tenant, commercial strip center on this C-1 zoned property. The business will consist of grooming only and will not include veterinary services or boarding. The business is proposed to operate from 7:30 a.m. – 5:00 p.m., Tuesday through Friday and 8:00 a.m. – 4:00 p.m., Saturdays. Signage will consist of space on the center’s existing multi-tenant ground sign and wall signage in compliance with the Code. The site is fully developed with an existing building, driveways and parking. No changes are proposed to the site plan. The business will employ 1 to 2 persons. Staff believes the proposed use is appropriate for the site. A small, neighborhood oriented pet grooming business fits within the concept of the C-1, Neighborhood Commercial zoning district. The use is compatible with the zoning and uses in the immediate area. To staff’s knowledge, there are no outstanding issues associated with the proposed use. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 7 FILE NO.: Z-4420-D NAME: Greater Center Star Baptist Church Summer Program – Conditional Use Permit LOCATION: 800 West 33rd Street OWNER/APPLICANT: Greater Center Star Baptist Church/Wendell Jones PROPOSAL: A conditional use permit is requested to allow for a children’s summer program to be operated in the existing church family life center located on this R-4 zoned property. 1. SITE LOCATION: The site is located on the south side of Short 32nd Street; at the south end of State Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed summer children’s program is to be located within the existing family life center. No changes are proposed to the church site. Allowing this Monday through Friday, daytime children’s program should not affect the church’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the MLK, Meadowbrook and South End Neighborhood Associations were notified of the request. 3. ON SITE DRIVES AND PARKING: The church has several parking lots, both on the immediate church site and on the adjoining blocks. No changes are proposed to the parking lots or driveways. There is adequate parking and drop-off/pick-up space in the parking lots for this use. The Monday through Friday day time children’s program will not interfere with the church’s peak demand times for use of the parking lots. 4. SCREENING AND BUFFERS: No comments regarding proposed summer program. 5. PUBLIC WORKS COMMENTS: No comments regarding proposed summer program. April 28, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-4420-D 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: No objection. Fire Department: No Comments received. County Planning: No Comments. CATA: A CATA Bus Route is located just east of this site; at 33rd and Gaines. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted there appeared to be no outstanding issues. Staff stated the applicant would be asked if there were any outdoor activity areas. Public Works, Utility and Landscape Comments were noted. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: Greater Center Star Baptist Church is located on the R-4 zoned property at 800 West 33rd Street. The property contains the church building, a family life center building and parking spaces. Additional parking lots are located on or have been approved for construction on R-3 zoned properties to the west, east and south. The Commission has previously approved conditional use permits to allow for construction of the family life center and parking lots. The church is now requesting approval of a revision to its C.U.P. to allow a Christian Summer Program for children ages 4 to 12. Participants will be members of the church congregation as well as children from the neighborhood and various parts of the City. The program will provide services for 75 children and will operate Monday through Friday, 6:30 a.m. to 5:30 p.m. during the summer months only. The April 28, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-4420-D 3 program will be located in the existing family life center. The existing parking lot and drives will be used for drop-off/pick-up of children. The applicant responded to the question raised at Subdivision Committee regarding outside activities. All activities on the church property will be limited to inside the Family Life Center building. If there are outdoor activities, the children will be taken to the Boys Club property located across 33rd Street, to the south. Staff believes the proposed summer children’s program is a reasonable use for this existing facility. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the application, as filed, for a children’s program to be operated during the summer months (between school terms). PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 8 FILE NO.: Z-5156-B NAME: Suds Carwash – Conditional Use Permit LOCATION: 10801 West Markham Street OWNER/APPLICANT: River City Energy/ T. J. McDaniel PROPOSAL: A conditional use permit is requested to allow for development of a carwash on this C-3 zoned property. 1. SITE LOCATION: The site is located on the southwest corner of West Markham and Shackleford. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located an intensely developed commercial neighborhood, surrounded by a variety of commercial uses. The proposed car wash is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Beverly Hills and Birchwood Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site will be from one of two driveways; one on West Markham Street and one on Shackleford Road. The Markham Street driveway will be a right in-right out only driveway. The driveway onto Shackleford will be full access. There is adequate stacking space at the car wash bays and room for vehicles at the car wash islands. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. A 9’ wide landscape strip is required around all the perimeters of the site. Currently, the eastern, the western, and the northern perimeters are less than this minimum requirement. 5. PUBLIC WORKS COMMENTS: 1. Shackleford Road and Markham Street are classified on the Master April 28, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B 2 Street Plan as minor arterials. A dedication of right-of-way 45 feet from centerline or to the back of the future sidewalk will be required. 2. A radial dedication of right-of-way is required at the intersection of the streets. 3. A new right turn lane is shown on the plans as called for in the Master Street Plan. The general configuration is acceptable subject to design review with the building permit. Construct one-half street improvements including 5-foot sidewalks with planned development. 4. All driveways shall be concrete aprons per City Ordinance. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 6. Please refer also to comments from Traffic Engineering concerning driveway configurations. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Submittal of plans to LRWU required. Service line upgrades may be required for car wash at this location. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. That work would be done at the expense of the developer. There is a 10-foot wide waterline easement along the eastern line of this site, recorded in Book 72, Page 341, Pulaski County Courthouse. April 28, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B 3 Fire Department: Fire hydrant may be required. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicants were present. Staff presented the item and noted additional information was needed regarding building design, signage, days and hours of operation, site lighting and fencing. Staff asked if there would be an attendant on the site. Staff also voiced concern about the circulation pattern on the site; particularly as it related to access to the vacuum islands. The applicant responded that there would be no attendant on the site. The applicant stated the plan had been modified to provide for two-way traffic on the site which would allow for better circulation. The committee asked the applicant to look at the dumpster location to determine if a truck could access it. Public Works, Utility and Landscape comments were discussed. Staff reviewed the proposed half-street and intersection improvements as well as the driveways. It was noted that the proposed plan appeared to comply with Ordinance Standards. The applicant was instructed to respond to staff issues by April 13, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned, 4.1± acre tract located at the SW corner of West Markham and Shackleford currently is occupied by an automobile service station with gas pumps. The applicants propose to raze that building and redevelop the property for a Sud’s Car Wash. The new development will consist of a single building with two self serve car wash bays, two automatic car wash bays and an equipment room. The site will be completely redeveloped with new landscaping, paving and street improvements. The proposed new building will be one story in height and will have a varied exterior which includes metal and tile accents. The building will also be painted to have the appearance of bubbles. Signage will consist of one ground mounted sign on each street frontage and one wall sign on the north, south and east facades. The signage will comply with height and area allowed in commercial zones; 36 feet in height and 160 square feet in area for the ground signs and April 28, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B 4 10% façade coverage for the wall signs. A variance is needed to allow the wall sign on the south façade since it does not face a street. Staff is supportive of the variance. The facility will operate 24 hours a day, 7 days a week. There will not be an attendant on site. No new fencing will be added, other than screening fencing around the dumpster. The dumpster is located at the southwest corner which will cause the trash truck to have to back up some distance on the site. A manager will visit the site each day to clean, take out trash, collect money and address any potential problems. Two vacuum islands are located near the front of the site, at the edge of the parking lot. A small canopy will cover only the equipment of the vacuum islands. Staff believes the proposed use is compatible with uses and zoning in the area. To staff’s knowledge, there are no outstanding issues. On April 11, 2005, the applicant submitted responses to issues raised at Subdivision Committee and included in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 3. Compliance with all staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 4. All site lighting is to be shielded downward and into the site. 5. The site is to be kept clean; trash is to be picked up and trash cans emptied daily. 6. There is to be no signage on the vacuum island canopies which denotes the name of the facility. 7. There is to be no flashing, oscillating or pulsating of any neon on the building. Staff recommends approval of a variance to allow one wall sign without street frontage on the south wall of the building. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. April 28, 2005 ITEM NO.: 8 (Cont.) FILE NO.: Z-5156-B 5 The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 9 FILE NO.: Z-7804 NAME: Toll Multisectional Manufactured Home – Conditional Use Permit LOCATION: 10901 West 36th Street OWNER/APPLICANT: Richard Toll PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned 3.62± acre tract. 1. SITE LOCATION: The property is located at the southwest corner of West 36th Street and Old Shackleford Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that has a variety of residential and business uses. A C.U.P. was recently approved to allow a similar structure on the property to the west. Across West 36th Street, to the north, are several conforming and nonconforming commercial and warehouse uses. To the south is a floodway and a PID zoned industrial building. A large trailer park is located further south, along Shackleford Road and the Our Way multifamily development is located further to the east. The proposed use is compatible with uses and zoning in the area. 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 Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A single driveway off of West 36th Street is proposed to provide access. One on-site parking space is required. There is more than adequate space for parking on the site. 4. SCREENING AND BUFFERS: No comments on this issue. April 28, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7804 2 5. PUBLIC WORKS COMMENTS: 1. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 2. The minimum Finish Floor elevation of 317 is required to be shown on plat and grading plans. 3. Since this tract is not an individual platted residential lot, 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 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: 15’ easement is required along the northern, eastern and western perimeters. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: All Central Arkansas requirements in effect at the time of request for water service must be met. It appears that the property west of this has the same address. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Fire Department: No Comments received. County Planning: No Comments. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted there were few outstanding issues. Staff stated the applicant would be contacted for more information on the proposed home; including year model and external materials. Public Works and Utility Comments were noted. April 28, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7804 3 The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for the placement of a multi-sectional manufactured home on this R-2 zoned, 3.62± acre tract. The proposed home is to be 28’ X 80’ in size. The home will have vinyl siding and a pitched, shingled roof. Underpinning will be concrete block or rock board with simulated brick finish. Anchoring will be in accordance with applicable codes. The home will be a new or newer (post 2000) model. The home, as proposed, is to be located 80± feet off of West 36th Street. The side and rear setbacks are well in excess of the R-2 zoning requirements. A single driveway off of West 36th Street will provide access. The southern portion of the tract is located in the floodway. No development will occur in that area. The area of the home site, which is out of the floodway, will be filled to provide the required finished floor elevation. Staff believes the proposed multisectional manufactured home is an appropriate use for this site. The proposed home is compatible with uses and zoning in the area. Placement of the home must comply with the siting criteria of Section 36-254(d)(5) of the Code. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the Agenda Staff Report. 2. Compliance 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. April 28, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7804 4 e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There was one (1) objector present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above and compliance with the following additional condition agreed to by the applicant in response to a request by Betty Snyder of the John Barrow Neighborhood Association: “This C.U.P. approval is for this multisectional manufactured home only. The home may not be changed-out for another home without Planning Commission approval. The approval is not tied to ownership or occupancy.” The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 10 FILE NO.: Z-7815 NAME: Dunn Duplex – Conditional Use Permit LOCATION: 1406 South Battery Street OWNER/APPLICANT: Albert E. Dunn PROPOSAL: A conditional use permit is requested to allow for conversion of the existing residential structure on this R-3 zoned lot into a duplex. STAFF REPORT: This item has been refiled as a PRD to include the property adjacent to the north. Staff recommends withdrawal of this C.U.P. application. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was not present. There were no objectors present. Staff recommended that this C.U.P. application be withdrawn. There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 11 FILE NO.: Z-7816 NAME: Deerman Milam Duplexes – Conditional Use Permit LOCATION: 3215, 3219 and 3223 Ludwig Street OWNER/APPLICANT: Michael Deerman and Russell Milam PROPOSAL: A conditional use permit is requested to allow for construction of a duplex residential structure on each of these R-3 zoned lots. 1. SITE LOCATION: The lots are located on the east side of Ludwig Street; north of 33rd Street and one block west of John Barrow Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The R-3 zoned properties to the north, east and south are currently vacant. Multiple neighborhood oriented commercial uses are located along John Barrow Road, to the east. A church is located at 34th and Ludwig, one block to the south. Staff believes the proposed duplexes provide a good transition from the commercial development along Barrow Road to the residential neighborhood extending to the west. The adopted Land Use Plan recommends Mixed Office Commercial for the properties directly adjacent to these lots, fronting onto Barrow Road. Staff believes it is important that the Ludwig Street frontage of the proposed duplex development be sensitive to the residential neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Each duplex is required to have three on-site parking spaces; 1.5 per unit. The plan provides for rear access to parking spaces located behind each duplex. 4. SCREENING AND BUFFERS: No Comments. April 28, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7816 2 5. PUBLIC WORKS COMMENTS: 1. Duplex construction on existing platted lots is exempt from boundary street and stormwater detention ordinances. 2. Show proposed parking arrangement. Width of driveway cuts is limited to 20’ per lot. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: 15’ easement is required along western perimeter, behind right-of-way line. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: All Central Arkansas requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the sizes and locations of water meters. Fire Department: No Comments received. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicants were present. Staff presented the item and noted additional information was needed regarding on-site parking, fencing and proposed management. The applicants were instructed to show a sidewalk from the parking area to the entrances of the duplexes. Staff voiced a desire that the front (Ludwig Street) façade of the project be designed to be sensitive to and compatible with the single family neighborhood which extends to the west. It was suggested that the parking might be relocated behind the buildings with access taken off of 32nd Street. Staff also asked that the building façade be designed to have more of “house front” appearance. The Committee members offered suggestions such as window shutters and landscaping. April 28, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7816 3 Public Works and Utility Comments were noted. The applicants were directed to respond to staff issues by April 13, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicants are requesting approval of a conditional use permit to allow for construction of a duplex residence on each of these R-3 zoned lots. Each structure is to be 34’ X 64.5’ in size. Each unit of the duplex will have 1,096.5 square feet of area. The duplex will be a front-to-back design with side entrance. Each unit will contain 3 bedrooms, one bath, kitchen, dining and living rooms. A driveway will be extended off of West 33rd Street, along the alley right- of-way. Parking will be located at the rear of each unit. The structures will be one-story with vinyl siding and shingled hip roofs. A dormer will be built into the roof facing Ludwig Street. Landscaping, consisting of trees and shrubs, will be planted along the front of each unit. Sidewalks will be constructed from the front entrance of each unit to the parking area at the rear. The properties will be owned and managed by the applicants, Russ Milam and/or Michael Deerman. Management includes the oversight of the grounds and property maintenance, possible tenant screening, background checks and rent payment collections. Staff believes the proposed duplexes are an appropriate use for these lots. The duplex residences will provide a good transition from the commercial uses along John Barrow Road to the residential neighborhood. The applicants have addressed staff concerns related to design by relocating the parking to the rear of the site and making some design commitments related to the Ludwig Street façade of each unit. To staff’s knowledge, there are no outstanding issues. The 1907 bill of assurance does not address use issues. The applicants submitted a revised plan and responses to issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. April 28, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7816 4 2. Compliance with the landscape and building design plan submitted by the applicants and included with this C.U.P. 3. Staff is to be notified in writing of any change in ownership or management of any of these duplexes or properties. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicants were present. There was one (1) objector present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Chairman Rahman asked the objector to speak first. Betty Snyder, of the John Barrow Neighborhood Association, stated the Association had met with the applicant and in fact liked the applicant. She stated the Association was opposed to allowing more rental units in the neighborhood; that they wanted more owner-occupied single family residences. The applicant, Russ Milam, stated he appreciated the neighborhood’s concerns. He stated he agreed with staff that the duplexes would be a good transition from the commercial uses on John Barrow Road, to the single family neighborhood. In response to a question from the Commission, Mr. Milam amended his application to state the duplexes would not be Section 8 (subsidized) housing. A motion was made to approve the application, as amended, subject to all staff comments and conditions. The motion was approved by a vote of 8 ayes, 2 noes and 1 absent. April 28, 2005 ITEM NO.: 12 FILE NO.: Z-7817 NAME: Harper Accessory Dwelling – Conditional Use Permit LOCATION: 111 Pearl Street OWNER/APPLICANT: Gary E. Harper/Eugene Levy PROPOSAL: A conditional use permit is requested to allow for expansion of the existing, nonconforming accessory dwelling located on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the east side of Pearl Street, just south of West Markham Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the northern fringe of the Capitol View – Stifft’s Station Neighborhood. Single family and multifamily properties are located immediately adjacent to the site and extending south, east and west. A nonconforming doctor’s office (this applicant) is located just to the south. Just north of the site, an area of commercial zoning and uses are located along Markham Street. This accessory dwelling has existed for many years. Nothing under this proposal will affect the site’s continued compatibility with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Capitol View – Stifft’s Station Neighborhood were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has a paved driveway which is shared with the adjacent lot. No changes are proposed to the driveway or parking area. The accessory dwelling and single family residence each require one on-site parking space. The applicant proposes to continue the stacked parking arrangement in the existing driveway. On-street parking is also available. 4. SCREENING AND BUFFERS: No Comments. April 28, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7817 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Waters if larger and/or additional water meter(s) are required. Fire Department: No Comments received. County Planning: No Comments. CATA: A CATA Bus Route is located north of this site at Markham Street. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was present. Staff presented the item and noted there were few outstanding issues. Staff asked the applicant to provide information on the proposed design of the addition. Staff also noted that there were already separate utilities serving each structure. Staff noted that the property owner would not live on the site; that his daughter occupied the principal structure and his son was to occupy the accessory dwelling. Dr. Harper stated both units were rental when he acquired the property. Staff asked about the availability of parking on-site. Dr. Harper responded that he proposed to continue the stacked parking arrangement that had always been used in the past. There were no other comments. The committee forwarded the item to the full Commission. April 28, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7817 3 STAFF ANALYSIS: The R-3 zoned lot located at 111 Pearl Street contains a one-story single family residence, an accessory building (garage – storage) and a nonconforming accessory dwelling. The applicant proposes to remodel the accessory dwelling; including maintenance and repair of the plumbing, electrical and structural elements. The applicant also proposes to construct additions for a bedroom and a balcony. It is the construction of the additions that creates the need for a conditional use permit. The proposed bedroom addition is the approximate size of an existing balcony which is to be removed, so the footprint of site coverage will remain similar. The bedroom and new balcony are to be located on the rear of the existing accessory structure. An overgrown, unimproved alley right-of-way behind the site serves as a buffer and provides good screening. The accessory dwelling and principal dwelling already have separate utilities. The units were both rental dwellings when the applicant acquired the property. The proposed addition will be constructed with hardboard siding and a composition shingle roof to match the existing structure. Once completed, the accessory dwelling will contain one bedroom, one bathroom, a kitchen and living area. Staff believes it is appropriate to allow for the remodeling and expansion of this nonconforming accessory dwelling. The use is compatible with uses in the area which include multifamily, single family, other accessory dwellings and several nonresidential uses. Parking will continue as it has for many years; stacked in the existing, shared driveway. The 1916 bill of assurance does not address use issues. The property owner does not occupy either dwelling. Under this proposal, his daughter is to occupy the principal dwelling and his son is to live in the accessory dwelling. The property does have a history of use as rental property and staff believes it is appropriate to allow a variance permitting the property owner not to occupy the site. To staff’s knowledge there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. as filed. Staff recommends approval of variances to allow the continued stacked parking arrangement, to allow area coverage to exceed 30% of the required rear yard and to allow the property owner not to occupy either dwelling on the site. April 28, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7817 4 PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff had received one (1) letter of support from a neighborhood resident. Staff presented the item and a recommendation of approval, including the variances outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 13 FILE NO.: Z-7818 NAME: Barnes Day Care Center – Conditional Use Permit LOCATION: 17412 Lawson Road OWNER/APPLICANT: Robert Clark/ Charles and Roma Barnes PROPOSAL: A conditional use permit is requested to allow for construction of a day care center on this R-2 zoned 2.1± acre tract. 1. SITE LOCATION: The site is located on the north side of Lawson Road, west of Sullivan Road. The property is outside of the city limits but within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses. In this immediate area along Lawson Road, from Sullivan Road and Plume Drive, are several businesses and nonresidential uses. The C-1 lot across the street was recently rezoned to PCD for a car sales lot. A new fire station is also located across Lawson Road. The PCD to the southwest was to allow a sno-cone stand. Other uses include a nonconforming car lot to the west and a car wash, upholstery shop and vacant commercial building to the east. Locating a day care center on this arterial roadway in an area of mixed zoning and uses is an appropriate use. All owners of property located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. There is no neighborhood association in this area. 3. ON SITE DRIVES AND PARKING: The applicant proposes to construct a circular driveway with two curb cuts onto Lawson Road. One-way circulation will provide stacking space. Fifteen (15) on-site parking spaces will be provided. A total of 22 parking spaces are required for the day care. With the proposed stacking space, the parking should be sufficient. April 28, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7818 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Along Lawson Road, the on-site buffer must be an average of twenty- eight (28) feet in width but in no case less than fourteen (14) feet. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, eastern, and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. An automatic irrigation system to water landscaped areas will be required. Building landscaping is required between the associated parking lot and the building or in the general area. Interior landscaping requirement are required to be located within the proposed parking area. This minimum requirement is calculated at 8% of the paved surface areas. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. It is also recommended to save trees around the playground area to provide shade for the children on hot, summer days. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. Prior to construction it will be necessary to provide an approved landscape plan. 5. PUBLIC WORKS COMMENTS: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. April 28, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7818 3 2. 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 or seek a Board. 3. Locate parking spaces back from the new right-of-way line. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No Comment. Entergy: 15’ easement required along southern perimeter, behind right- of-way. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: All Central Arkansas Waters requirements in effect at the time of request for water service must be met. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Provide statement from local Volunteer Fire Department indicating approval of plan and ability to provide service. Fire hydrant may be required. County Planning: No Comments received; contact Pulaski County Planning. CATA: This site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicants were present. Staff presented the item and noted much more information was needed on the project, including: a copy of the bill of assurance, building design, signage, building setbacks, days and hours of operation, number of employees and children, site lighting, dumpster location and screening and fencing. Staff asked the applicant to provide dimensions of the parking stalls and driveways and to show the paving material for the driveways and parking. It was noted that approval from the local Volunteer Fire Department was needed. April 28, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7818 4 Public Works, Utility and Landscape Comments were discussed. It was noted that the plan needed to show the new right-of-way and the parking spaces needed to be moved back to provide adequate space from the street and to provide the required street buffer. The applicant was instructed to contact Pulaski County Planning. The applicant was instructed to respond to staff issues by April 13, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a commercial day care center on this R-2 zoned, 2.1± acre tract. The property is located outside of the city limits but within the City’s extraterritorial jurisdiction. The site is located 4.2± miles west of I-430 and 3.4± miles west of the city limits. Surrounding uses and zoning are varied. The property is not covered by a valid bill of assurance. The proposed 60 feet X 80 feet building will be one-story in height and constructed of colored metal with a colored metal, 3 X 12 pitched roof with matching gutters and downspouts. A single ground-mounted sign is proposed. The sign will be 6 feet tall and 32 square feet in area. There will be no building signage. The building will be located 150 feet from the front property line. Other setbacks are 30 feet and 90 feet on the sides and 200± feet on the rear. Days and hours of operation are proposed as Monday through Friday, 6:00 a.m. to 6:00 p.m. The day care will employ approximately 11 persons and will accommodate an enrollment of up to 110 children. The dumpster will be located east of the building and will be properly screened. The playground area, behind the building, will be enclosed by a 6 foot tall chain-link fence. The property will have two driveways onto Lawson Road. The driveways will provide for one way circulation on the site. The driveways will be 20 to 25 feet wide, which will allow for passage and stacking space. Fifteen (15) parking spaces will be located off of the driveways. All drives and parking will be asphalt paved. Health Department approval of a septic system has been provided. The local volunteer Fire Department, which is located across the street, has approved the plan. There is a fire hydrant on the street at this location. The required right-of-way will be dedicated. The applicant is requesting a five (5) year deferral of required street improvements. Staff is supportive. The required 14 foot deep street buffer will be provided and the first parking space off of the entry drive has been relocated to avoid interfering with access April 28, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7818 5 off of Lawson Road. Screening will be provided along the east and west perimeters, as required. No screening is needed along the north since the rear portion of this site is wooded and will be left undisturbed. On April 13, 2005, the applicant responded to issues raised at Subdivision Committee and reflected in the analysis above. To staff’s knowledge, there are no outstanding issues. The proposed use is compatible with uses and zoning in the area. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. 2. The rear portion of the site, beyond the playground area, is to remain wooded and undisturbed to provide screening. 3. The proposed ground sign must be located no less than five (5) feet behind the new front property line; after the required right-of-way dedication. 4. The dumpster must be screened to comply with the Code. 5. All site lighting must be shielded downward and into the site so as to prevent light spilling onto the adjacent properties. 6. There is to be no parking on the street; no drop-off or pick-up of children in the public right-of-way. Staff recommends approval of a deferral of required street improvements for five (5) years or until adjacent development; whichever occurs first. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There was one (1) objector present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above, including the deferral of street improvements. Chairman Rahman asked the objector to speak first. Troy Laha stated he had submitted a card of opposition in order to establish standing to appeal the item to the Board of Directors. Mr. Laha stated it was his goal to make a point to the City Board that this was the type of location that was appropriate for a day care center. April 28, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7818 6 There was no further discussion. A motion was made to approve the application, including all staff comments and recommendations. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. April 28, 2005 ITEM NO.: 15 FILE NO.: Z-7823 NAME: Little Rock National Airport Digital Airport Radar – Conditional Use Permit LOCATION: 5100 East Roosevelt Road OWNER/APPLICANT: Little Rock Airport Commission/Mark Stodola PROPOSAL: A conditional use permit is requested to allow for construction of an airport radar facility on this R-2 zoned property. 1. SITE LOCATION: The property is located on the north side of East Roosevelt Road, east of Fourche Dam Pike. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area that is transitioning from residential to airport-related activities. These lots are in an area where the homes were destroyed by a tornado. Single family homes are located to the east, along East Roosevelt Road. The properties to the north, south and west are owned by the airport or airport related entities. This entire area is shown on the airport master plan and the City’s East of I-30 Land Use Plan for airport use and expansion. The proposed radar facility is compatible with the adopted plan and will, eventually, be compatible with all uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and The Hermitage and East Little Rock Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A single access drive is proposed off of East Roosevelt Road for service vehicles. No other parking is needed. 4. SCREENING AND BUFFERS: No Comments. April 28, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7823 2 5. PUBLIC WORKS COMMENTS: 1. East Roosevelt Road at this location is classified on the Master Street Plan as a collector street. Other adjacent streets have 50’ right-of-way widths. The existing right-of-way is adequate. 2. All driveways shall be concrete aprons per City Ordinance. 3. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: No Comments received. County Planning: No Comments. CATA: This site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicants were present. Staff presented the item and noted additional information was needed on the proposed structure. Staff commented that the driveway needed to be paved and any site lighting needed to be shielded April 28, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7823 3 downward and into the site. Staff asked that a cover letter be provided and that information be provided on the testing schedule for the generator. Staff also noted that the bill of assurance seemed to prohibit the use. Public Works, Utility and Landscape Comments were noted. There was a general discussion of the nature of and need for the facility. Staff asked that these comments be included in the cover letter. The applicants were instructed to reply to staff issues no later than April 13, 2005. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Little Rock Municipal Airport Commission is requesting a Conditional Use Permit for Lots 75, 76, 77, 78, and 79, and Lots 91, 92, 93, 94, 95, and 96 of the Rose Meadows Subdivision – Phase II. This property is located on the north side of East Roosevelt Road, East of Talisman Race, South of Rose Meadow Lane, and West of Rose Meadow Place and is currently zoned R-2, Single Family. The conditional use requested is for the installation of a communication receiving and transmitting facility to support a Digital Airport Radar system for the Federal Aviation Administration’s Air Traffic Control Tower at Little Rock National Airport. This facility will consist of a 200 foot by 200 foot crushed stone covered site that includes an 87 foot tall steel tower, concrete masonry unit equipment building with standing seam metal roof, precast engine generator shelter, and associated foundations, walkways, equipment, and security fencing required to support the installation as shown on the enclosed site plan. This Digital Airport Radar system is a new, state-of-the-art system that will replace the current analog system. It will more accurately detect aircraft and weather conditions within an approximate radius of sixty (60) nautical miles of Little Rock, Arkansas. The system will improve reliability, provide additional weather data, reduce maintenance cost, improve performance and provide digital data to new digital automation systems for presentation on air traffic controller displays. The addition of this new equipment will bring Little Rock Air Traffic Control up to a state-of-the-art facility and will greatly compliment new equipment being installed at the present time. The Little Rock Terminal Radar Approach Control Facility currently provides service to 750 to 1200 operations per day. These include arrival to and departures from the Little Rock National Airport and various public and private airports within the approach control airspace responsibility. These locations April 28, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7823 4 include such airfields as North Little Rock, Conway, Searcy, Saline County, Stuttgart, Pine Bluff and the Little Rock Air Force Base. On April 13, 2005, the applicant responded to issues raised at Subdivision Committee. An elevation of the facility was provided. The driveway will be paved with a concrete apron as required by City Ordinance. The site will be enclosed by a seven (7) foot tall chain link fence topped by three (3) strands of barbed wire; for an overall height of eight (8) feet. Site lighting will be directed into the facility and away from the nearby residences. FAA approval will be provided prior to the request for a building permit. The facility will be an FAA facility. The generator used to supply emergency power to the facility will be tested on a quarterly basis. The 1963 bill of assurance does appear to still be valid and contains the following statement: “No lot shall be used except for residential purposes. No buildings shall be erected, altered, placed or permitted to remain on any lot other than for one single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars.” The facility is to be located in area designated by the airport’s master plan and the City’s East of I-30 Land Use Plan for airport use and expansion. The residential properties to the east are also shown for future airport use, although the Plan recognizes the existing residential uses. Staff is supportive of the requested C.U.P. To staff’s knowledge, there are no other outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Site lighting is to be directed into the facility and away from nearby residences. 3. FAA approval must be provided prior to a request for a building permit. Staff recommends approval of a variance to allow the DASR tower to be 87 feet in height. April 28, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7823 5 PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicants were present. There were two (2) registered objectors present. Commissioners Langlais and Williams recused. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Chairman Rahman asked the objectors to speak first. Connie Farnham, owner of a nearby property, spoke in opposition. She stated she did not live in the area. She voiced concern about screening the site, generator noise and the use of barbed wire. She asked what it meant that the bill of assurance did not permit the use. Susan Baier, of 5204 East Roosevelt Road, voiced concerns about airplane noise and generator noise. Commissioner Meyer suggested that testing of the generator could be limited to certain, appropriate hours. Pat Sellars, of the Little Rock National Airport, discussed the Airport’s noise mitigation process. He stated the generator was tested on a quarterly basis and was used whenever a storm was in the area so there would be no loss of power. He committed to testing the generator in the middle of the day. Mr. Sellars stated this site was the best site; the only site that would give air traffic control the best view. He stated landscaping would be installed around the base of the site but the airport could not do a wood privacy fence for security reasons. In discussing the bill of assurance issue, Commissioner Rector asked how many lots the airport owned. Earl Mott, of Garver Engineers, responded that the airport owned about 40 of the 90± lots in the subdivision. He stated the Airport would acquire more lots in the future. Commissioner Rector asked about noise mitigation and a sound study. Pat Sellars responded that the timing of the next sound study depended on funding from the FAA. In response to a question from Commissioner Floyd, Pat Sellars and Howard Lewis, of the FAA, described the sound study and the proposed antennae array. In the ensuing discussion of screening, Mr. Sellars again committed to installing landscaping around the base of the site. Commissioner Rector commented on the high quality of landscaping at the airport suggested that the landscaping around the base of the radar site be of the same quality. Mr. Sellars agreed. Connie Farnham reiterated her concern about the airport not always following through on its commitments. April 28, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7823 6 A motion was made approve the C.U.P.; including all staff comments and conditions, with the requirement of landscaping around the perimeter of the site. The motion was approved by a vote of 7 ayes, 0 noes, 1 absent, 2 recusing (Langlais, Williams) and 1 abstaining (Adcock). April 28, 2005 ITEM NO.: 16 FILE NO.: 303 NAME: Rock Haven Annexation REQUEST: Accept 5.99 acres plus or minus to the City LOCATION: Along Kirby Road north of Kanis Road SOURCE: Roy Stephens, Rock Haven Properties GENERAL INFORMATION: • The County Judge held a hearing and signed the Annexation Order on October 26, 2004. • The area requested for consideration is vacant, with only a few trees. • There is one owner, Rock Haven Properties. • The site is contiguous to the City of Little Rock on two sides. • The annexation request is to obtain Sewer and other City Services. • The area in question is one rectangular tract approximately 901 feet by 310 feet, along Kirby Road. • No islands would be created by this annexation. • Currently the property is zoned Planned Residential Development (PRD) and Single Family (R-2). • The property owner has indicated they intend to develop 22 homes on the 4.25 acres tract and develop 1.74 acres as non-residential. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department indicated they have no concerns or issues at the annexation of this site. Fire Station 20 located on Oak Meadow Drive just west of Markham Street is less than half a mile to the north from the site. This station has only a pumper truck. The closest ladder truck would be at the Chenal Drive Station or Kanis Road Station (near John Barrow Road). Both of these stations are over 3 miles from the annexation area. Police: The Little Rock Police Department indicated they have no issues or concerns with the proposed annexation. This area would become part of patrol district 71, which is currently just over 7 square miles in size. The east side of Kirby Road is part of this district now, so a car already has to travel by the annexation area to April 28, 2005 ITEM NO.: 16 (Cont.) FILE NO. 303 2 service areas inside the City. Since the area is not yet developed, initially only normal patrol would be need. Infrastructure and Community Facilities: Central Arkansas Transit: No Comment Received. There are no Bus routes within a mile of this location. Route 5, West Markham, is the closest Route to the site at Markham and Chenal Parkway through the Wal-Mart site (Bowman Road and Chenal Parkway). Route 3, Baptist Medical Center, is the next closest Route at Shackelford West and Executive Center Drive. Parks and Recreation: The Parks Department has indicated that streams and drainage ways must be protected from yard and paved surfaces runoff. They suggest a 50-foot buffer. The Little Rock Plans and Recreation Plan of 2001 shows this area is within 8-blocks of an existing city park/open space or private recreation provider. The area is at the edge of the zone meeting the 8-block strategy. Public Works: The Public Works Department as indicated they have no concerns or issues about the annexation of this property. Kirby Road was brought into the City via Ordinance 14302 in 1982. Thus this annexation will add no new streets to the City for maintenance. The developer will have to make half street improvements to Kirby Road at the time of their development. All roadways proposed in the development are to be private drives and not the responsibility of the City of Little Rock for maintenance. Thus this annexation will have no impact on the amount of roadway under City maintenance. Utilities: Central Arkansas Water: No Comments Received. There is an existing 12-inch water main along the Kirby Road frontage of this annexation area. Entergy: No Comment Received. There are existing electric lines on the east side of Kirby Road along the length of this annexation area. Reliant-Energy: No Comment Received. Southwestern Bell: Southwestern Bell indicated they have no issues or concerns with the annexation of this site. April 28, 2005 ITEM NO.: 16 (Cont.) FILE NO. 303 3 Wastewater Utility: The Little Rock Wastewater has no objections to the annexation. They however wish to note that the site will have to be sewer by gravity, no pump stations will be allowed. Further the developer will have to extend service to their site. There are no sewer lines in the area. The Wastewater Utility is planning an ‘unsewered area’ project within the next three years which would bring sewer close (Kanis and Kirby Roads) to this annexation area. Sewer service will have to come to this area from the south due to the topography of the vicinity. Schools: Little Rock: The Little Rock School District has indicated they have no concerns or issues with the annexation of this site. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Baker Elementary, Joe T Robinson Middle School and Joe T Robinson High School attendance areas of the Pulaski county Special School District. ANALYSIS: This site is within the City of Little Rock Planning Jurisdiction. It is contiguous on two sides (the north and east). The City currently exercises both subdivision and zoning jurisdiction over this land. The northern four and quarter acres are zoned Planned Residential Development (PRD) for a proposed 22 home zero-lot line development. The southern one and three quarters acres is zoned R2, single family. The PRD approval was conditioned on annexation. The southern acreage, though zoned residential now, is intended for future non-residential development by the owner. The land general falls from northeast to southwest, with a small tributary of Panther Creek lying along the west edge of the annexation area. At the highest point the site is 464 feet and falls to around 438 feet, a drop of almost 30 feet over a distance of 900 feet. The headwaters of a tributary of Panther Creek flows along (either side of) the west boundary of this annexation area. The Little Rock Parks Department has recommended that a buffer be included to protect the drainage way. This drainage way enters the site about midway along the west boundary and via the approved PRD will be piped to a retention/detention site before leaving the site along its current course on the south boundary of the annexation area. April 28, 2005 ITEM NO.: 16 (Cont.) FILE NO. 303 4 This property is near areas experiencing significant development pressure, both residential and non-residential. It is along a designated Collector street on the City Master Street Plan and is near a designated Minor Arterial (Kanis Road). The Collector Street Kirby Road is the adjacent and already part of the City as a result of an annexation in 1982. With this development, street improvements will be made to Kirby Road to meet Master Street Plan requirements. While sewer is not currently available at this site, the Wastewater Utility as part of the ‘unsewered’ areas plan will be bringing sewer to this general area in the next few years. However the developer of this project will at their cost have to provide sewer service to the site. Other utilities are available in the area of the proposed annexation. Note extensions of service if needed will be done at the cost of the developer. Police patrols already travel the road along this annexation area to provide service to properties inside the City along the east side of Kirby Road. A fire station exists just over the hill to the north, less than half a mile from this annexation area. The properties across the street already have this service. Over the last several years development of residential subdivisions has increased to the south, southwest, far north and northwest. The areas to the immediate north and east have generally developed with homes and churches. With the imminent availability of sewer in the general vicinity, increased development pressure is likely for this area. The area requesting annexation is within the natural growth and a logical extension of the City of Little Rock. Staff Recommendation: Approval PLANNING COMMISSION ACTION: (APRIL 28, 2005) The item was placed on the consent agenda for approval. By a vote of 10 for, 0 against and 1 absent the item was approved. April 28, 2005 ITEM NO.: 17 FILE NO.: 304 NAME: Meuwly Annexation REQUEST: Accept 19.33 acres plus or minus to the City LOCATION: Along Cantrell Road, east of Chenal Parkway SOURCE: Mark Rickett, Highway 10 Real Estate LLC GENERAL INFORMATION: • The County Judge held a hearing and signed the Annexation Order on March 10, 2005. • The area requested for consideration is vacant, with only a few trees. • There is one owner, Highway 10 Real Estate LLC. • The site is contiguous to the City of Little Rock on portions of all four sides. • The annexation request is to obtain Sewer and other City Services. • The area in question is one rectangular tract approximately 660 feet by 1280 feet, along Cantrell Road. • No islands would be created by this annexation. • Currently the property is zoned Single Family (R-2) with a Conditional Use Permit. • The property owner has indicated they intend to develop a private high school on two-thirds of the property, no development plans have been provided for the other third. AGENCY COMMENTS: Public Safety: Fire: No Comment Received. The closest fire station is Station 19 on Chenal Drive. This station is almost 4 miles from the annexation area. The City has acquired a site for a Station 23 that is less than half a mile from this annexation area. Police: The Little Rock Police Department indicated they have no concerns or issues with the proposed annexation. This area would be added to Patrol District 72, which surrounds this site. Currently when patrolling this district a car would have to pass by the annexation site. April 28, 2005 ITEM NO.: 17 (Cont.) FILE NO. 304 2 Infrastructure and Community Facilities: Central Arkansas Transit: No Comment Received. There is no regular bus service in the area. The closest bus route would be Route 8 (Rodney Parham), which at its closest point is at Rodney Parham Road and Green Mountain Road. This is over three miles from the proposed annexation. Parks and Recreation: The Parks Department has indicated they have no issues or concerns about the annexation of this property. The Little Rock Master Parks Plan of 2001 shows this site as part of a deficiency area. However since the development of the Plan, an outdoor recreation area has been created next to the site requesting annexation. Thus the site is with 8-blocks of a private outdoor or recreational facility and now meets the 8-block principle. Public Works: The Public Works Department has indicated they have no issues or concerns about the annexation of this property. The only existing road that would be annexed is a state highway, which has already been widened to five lanes. Therefore, the City should incur no additional maintenance costs for roads due to this annexation. Utilities: Central Arkansas Water: Central Arkansas Water indicates they have no objections. They further note that developers will be responsible for main extensions and sizing as well as providing additional fire protection facilities. There is an existing 16-inch water main along the Highway 10 frontage of this annexation. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Wastewater Utility: The Little Rock Wastewater Utility has indicated they have no objections to the annexation. They have noted a sewer main will have to be constructed at the cost of the developer to service this property. There is an existing sewer line across Highway 10 from this annexation site. April 28, 2005 ITEM NO.: 17 (Cont.) FILE NO. 304 3 Schools: Little Rock: The Little Rock School District has indicated they have no concerns or issues with the annexation of this site. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Joe T. Robinson Elementary, Joe T. Robinson Middle School and Joe T. Robinson High School attendance areas of the Pulaski County Special School District. ANALYSIS: This site is within the City of Little Rock Planning Jurisdiction. It is contiguous on parts of all four sides. The City currently exercises both subdivision and zoning jurisdiction over this land. The property is currently zoned ‘R2’ -- Single Family with an approved Conditional Use Permit for a private high school on the northern two-thirds of the site. The site is part of an ‘island’ between Chenal Parkway and Patrick Country Road. This action would partially close (reduce the size) the existing ‘island’. The site is partially wooded. The high point is in the northwest corner at an elevation of 328 feet. This falls to a low of around 306 feet on the east boundary about a third of the way up from Highway 10. This low area is the beginning of a drainage way that flows east and then north into the Little Maumelle River. Utilities do exist adjacent to or in the vicinity of the area requesting annexation. At the time of development the developer will have to make any utility extensions or improvements necessary to support their development. Over the last five years there has been significant development in the area – east, west, and south of this site. A private school has been developed to the immediate east. This school has plans for expansion on to land north of the annexation area as well as in to the area. Across Cantrell Road a new church has been built and a new Supercenter Wal-Mart has been built to the southwest. Further to the west and southwest several single-family subdivisions have been constructed. The adjacent road is a state highway and improved; therefore, the inclusion of this road segment into the City should not result in any maintenance costs to the City. The private school to the east of the annexation area intends to use most or all of the annexation area for future expansions of their facilities. They require sewer service to make these additions to their campus and therefore are asking for annexation. April 28, 2005 ITEM NO.: 17 (Cont.) FILE NO. 304 4 The City has discussed using its ‘island’ annexation authority to close the ‘island’ of which this site is a part and may well do so in the next few years. The site is within the natural growth and is a logical addition to the City of Little Rock. Staff Recommendation: Approval PLANNING COMMISSION ACTION: (APRIL 28, 2005) The item was placed on the consent agenda for approval. By a vote of 10 for, 0 against and 1 absent the item was approved. April 28, 2005 ITEM NO.: 18 FILE NO.: Z-3173-E NAME: Sage Meadows Revised Long-form PD-R Revocation LOCATION: On the West side of John Barrow Road, South of Tanya Drive DEVELOPER: WTH Development 8503 Asher Avenue Little Rock, AR 72204 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 21 Acres NUMBER OF LOTS: 56 FT. NEW STREET: 2910 L.F. CURRENT ZONING: PD-R ALLOWED USES: Single-family residential at 2.66 units per acre – 56 units VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The applicant previously proposed to construct 34 buildings of multi-family housing on a 25.57 acre property located on the west side of John Barrow Road, just south of Tanya Drive. The site was zoned MF-12 (Multi-family Residential – 12 units per gross acre). The west 110 feet of the property ownership was left as R-2 zoning, when the remainder of the property was zoned, to serve as a buffer between this site and the single-family property to the west. The density proposed was under the twelve units per gross acre as allowed by the City’s Zoning Ordinance. The request was to be heard by the Planning Commission at their January 21, 1999, Public Hearing but was withdrawn by the applicant prior to the Public Hearing. April 28, 2005 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E 2 On May 3, 1994, the Little Rock Planning Commission approved a Conditional Use Permit to allow Four Oaks Living Center to locate on the northeast portion of the site. The facility was to be constructed with a 140 bed facility and is held under a separate ownership. This facility has been constructed. Ordinance No. 19,088 adopted by the Little Rock Board of Directors on May 6, 2004, rezoned the site from MF-12 to PD-R to allow the development of a single-family subdivision. The applicant proposed to develop a 34-acre site as a two-part development. The site was zoned MF-12 which allowed for the development of multi- family housing at a density of 12-units per acre. The applicant indicated a desire to develop 20.64 acres as a Planned Residential Development for single-family homes and the remaining 13.16 acres as a multiple building multi-family residential development (S-1229-A). The applicant indicated the development of the PRD portion of the site with 56 units of single-family homes. The overall development plan included a clubhouse, two lakes and two playground recreational spaces. The development also contained a series of pedestrian trails connecting the multi-family and the single-family development. The clubhouse and pool would be developed as a part of a property owners association through the Planned Residential Development allowing both the single-family homes and the multi-family residents access to the facilities. A. PROPOSAL/REQUEST: The applicant submitted a request dated February 8, 2005, requesting the current PD-R zoning be revoked and the previous MF-12 district zoning classification be restored. The applicant has indicated the proposed single- family development will not be constructed on the site as proposed. According to the applicant the cost estimates for the single-family portion of the PD-R indicate that the project is not financially feasible. The applicant’s cover letter states the developer would “break even” at best with a tremendous amount of financial exposure. This item was to be heard by the Little Rock Planning Commission at their March 3, 2005, Public Hearing but was withdrawn by staff prior to the public hearing. According to the ordinance (Section 36-454(d)) a request for revocation prior to the expiration date of the approved PD or PUD the applicant is to submit a letter to the City Clerk at any time up to three years after the date of the adoption of the ordinance creating the PUD or PD. This request is to be addressed to the Mayor and Board of Directors. After receipt the request shall be set for a public hearing at the earliest possible time to expedite the required action by the Board of Directors. April 28, 2005 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E 3 The Little Rock Board of Directors has set the date of Public Hearing for May 17, 2005, but is requesting a recommendation from the Commission on the request for revocation. B. EXISTING CONDITIONS: The site is vacant and tree covered sloping from the north and south to the center of the site. There is a developed nursing home located at the northeast corner of the site. Park View High School is located to the northeast of the site and single-family homes are located to the southeast. To the south of the site is an area zoned MF-24 with a welding shop and a separate building containing a contractor’s office. Single-family homes are located along West 29th Street to the south of the site. To the west of the site are also single-family homes in the Twin Lakes/Campus Place Neighborhood. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several phone calls in opposition of the proposed use from area residents. All residents who could be identified located within 300-feet of the site, the John Barrow Neighborhood Association, the Campus Place Property Owners Association, the Twin Lakes “B” Property Owners Association, Twin Lakes B Special Improvement District and all owners of property located within 200-feet of the site were notified of the public hearing. D. STAFF RECOMMENDATION: Staff recommends approval of the request for the revocation of the current PRD zoning classification and the restoration of the zoning classification to MF-12. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Mr. Joe White was present representing the applicant. There were registered objectors present. Staff presented the item with a recommendation of approval of the revocation request. Staff stated the property was zoned MF-12 on January 3, 1978. Staff stated the rezoning was for a 40-acre tract lying on the west side of John Barrow Road, just south of Tanya Drive. Staff stated the site had been considered for development on three occasions in the past. Staff noted a site plan review request was filed to develop the site with multi-family in January of 1999 but was withdrawn prior to the public hearing and a Conditional Use Permit was considered by the Commission at their May 3, 1994 public hearing to allow a nursing home facility to be constructed on a portion of the site. April 28, 2005 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E 4 Staff stated the adoption of Ordinance No. 19,088 rezoned a portion of the site from MF-12 to PD-R to allow the construction of 56 single-family homes. Staff stated the remainder of the site was reviewed for a multiple building site plan review to allow the development of 128 apartment units. Staff stated the PD-R zoning included the proposed clubhouse and pool facility, which was to be shared by both the apartments and single-family residences. Staff stated the applicant filed a request for revocation of the PD-R zoning classification on February 8, 2005. Staff stated the applicant had indicated the development was not economically feasible and indicated the single-family portion was no longer planned for the site. Staff stated this request was to be heard by the Commission at their March 3, 2005. Public Hearing but was withdrawn from consideration at the advise of the City Attorney’s office. Staff stated the Zoning Ordinance clearly defines procedures for a revocation request when the existing zoning has not expired. Staff stated these request are to be hear by the Board of Directors. Staff stated the Board had scheduled a public hearing for the revocation request but was requesting input from the Commission and a recommendation from the Commission on the revocation request. Staff stated they utilized the applicant’s 200-foot notification listing to notify area residents of the Commission’s public hearing on the item. Staff also noted the applicant would notify the same residents by Certified Mail of the Board’s public hearing date which was May 17, 2005. Staff indicated they were supportive of the revocation request. Mr. Joe White of White-Daters and Associates addressed the Commission representing the request. He stated the cost estimates for development of the site did not allow for single-family development. He stated at best the applicant would break even on the lot development cost if the single-family lots were constructed. He stated the applicant could move forward with the development of the Phase I portion of the apartments, without construction of the clubhouse, and later request a revocation of the single- family portion of the development. He stated the developers wanted to act in good faith and let the neighborhood know upfront of the intent of the overall development plan. The Commission questioned the lot development cost of the single-family development. Mr. White stated the lot development cost were in the mid-$20’s. Ms. Carolyn Heitman addressed the Commission on behalf of the John Barrow Neighborhood Association. She stated the neighborhood had met with the developers and strongly voiced their concerns and opposition to multi-family development. She stated the neighborhood had voiced opposition to apartment development in 2004 and they were still opposed to apartment development. She stated the area did not need an additional 300 apartment units. She stated the proposal varied dramatically from the plan the neighborhood had previously supported. She questioned why the green space where the clubhouse was previously being proposed was being left. She stated if the April 28, 2005 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-3173-E 5 clubhouse was constructed then the requirement to develop the single-family would be “kick-in”. She stated the neighborhood had requested the developer to consider assisted living. She stated the developer had not gotten back with the neighborhood to indicate if an assisted living facility would work. Ms. Heitman stated the neighborhood had four 100 percent subsided apartment developments, two Section-8 apartment developments, two 100 percent market rate apartment development and two 80 percent market rate apartment developments. She stated the neighborhood was not opposed to development. She stated on the current agenda the neighborhood had supported a rezoning for Our Way a multi-family development. She also stated the area was seeing new single-family homes being constructed. She stated new homes were being constructed on Ludwig and Foster Streets. She also stated developers had met with the neighborhood at their previous association meeting to gain support of a new single-family subdivision containing 200 plus new homes. She questioned why other developers could make single-family home construction work and the developers of this site had indicated single-family would not work in the area. A motion was made to approve the revocation request. The motion carried by a vote of 8 ayes, 2 noes and 1 absent.