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pc_06 09 2005 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JUNE 9, 2005 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Pam Adcock Gary Langlais Mizan Rahman Bill Rector Robert Stebbins Jerry Meyer Norm Floyd Fred Allen, Jr. Jeff Yates Darrin Williams Members Absent: Chauncey Taylor City Attorney: Cindy Dawson III. Approval of the Minutes of the April 28, 2005 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JUNE 9, 2005 4:00 P.M. I. OLD BUSINESS: A. Z-1662-C Donnie’s Foreign Car Service – Revised Conditional Use Permit 104 Markham Park 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. S-1229-B Sage Meadows Apartments Site Plan Review South of Tanya Drive, west of John Barrow Road II. NEW BUSINESS: 1. Z-7563-B Rezoning from R-5 to O-3 NE corner of University Avenue and “F” Street 1.1. G-23-344 Grant Street, “G” Street and Alley Right-of-Way Abandonments Lincoln Park Addition 2. Z-7849 Rezoning from R-2 to AF 11227 Dewitt Lane 3. Z-7850 Rezoning from R-3 to C-3 NW corner of Asher Avenue and Allis Street 4. Z-7852 Rezoning from O-3 to O-2 Lot 7, Baptist Medical Center 5. Z-7854 Rezoning from R-2 to I-2 West side of S. Shackleford Road, South of Colonel Glenn Road 6. G-23-343 Alley Right-of-Way Abandonment Block 4, Weldon E. Wright’s Addition Agenda, Page Two II. NEW BUSINESS: (Cont.) 7. Z-7573-A Hicks Beauty Products and Salon – Conditional Use Permit 6805 West 12th Street, Suite H 8. Z-7851 Chenal Elementary School – Conditional Use Permit Denny Road, west of the Wildwood Center 9. Z-7853 Briscoe Accessory Dwelling – Conditional Use Permit 3701 Potter Street 10. Z-7855 Young’s Day Care Center – Conditional Use Permit 3501 West 13th Street 11. Z-7836 Ransom Accessory Dwelling – Conditional Use Permit 1623 N. University Avenue 12. Review of Proposed Amendments to the Land Alteration Regulations June 9, 2005 ITEM NO.: A 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. June 9, 2005 ITEM NO.: A (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. June 9, 2005 ITEM NO.: A (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. June 9, 2005 ITEM NO.: A (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. PLANNING COMMISSION ACTION: (JUNE 9, 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. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. June 9, 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. June 9, 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. June 9, 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. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issue. The matter was most recently discussed at the Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. June 9, 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. June 9, 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. June 9, 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. STAFF UPDATE: The Planning Commission has continued to study the issue of Transitional Housing and related issues. The matter was most recently discussed at the Commission’s May 19, 2005 informal meeting. Unresolved issues remain. Staff believes it is appropriate to defer this application to the July 21, 2005 Commission meeting as the ordinance review process continues. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the July 21, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 meeting by a vote of 10 ayes, 0 noes and 1 absent. June 9, 2005 ITEM NO.: D FILE NO.: S-1229-B NAME: Barrow Road Apartments Subdivision Site Plan Review 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: 33.80 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 L.F. CURRENT ZONING: MF-12 PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The site was zoned MF-12 (Multi-family Residential – 12 units per gross acre) on January 3, 1978, with Ordinance No. 13,393 adopted by the Little Rock Board of Directors. 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. In 1999, a proposal was submitted to develop multi-family residences on the site. 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. June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 2 The Little Rock Planning Commission reviewed a request for a Subdivision Site Plan Review at their March 11, 2004, Public Hearing. The applicant proposed to develop the 34-acre site with a two-part development plan. The applicant indicated a desire to develop 20.64 acres as a Planned Residential Development as a separate item on the agenda (Z-3173-C through a Planned Residential Development) and the remaining 13.16 acres as a multiple building multi-family residential development. The applicant indicated the development of the multi-family portion of the site with 126 units or at a density of 9.6 units per acre. The proposed site plan included signage for both the single-family subdivision and the multi-family development. The signage was to be located near the drive into the multi- family development and at the entrance to the single-family subdivision. The proposed site plan included a clubhouse, two lakes and two play ground 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. The Little Rock Board of Directors adopted an ordinance on May 17, 2005, revoking the PD-R zoning for 20.64 acres of the site; restoring the MF-12 zoning to the entirety of this 33.80 acre site. A. PROPOSAL/REQUEST: The applicant is proposing a site plan review for the Phase I portion of this proposed multi-family development. The applicant has indicated when development plans for Phases II and III are finalized, site plans will be submitted for approval. The Phase I portion of the development includes the development of 128 apartment units along with a clubhouse and pool facility. The site plan includes the placement of 13 apartment buildings with a maximum building height of 35-feet and one building for the clubhouse. The applicant has indicated 262 parking spaces on the site plan, resulting in a parking ratio of 2.04 spaces per unit. The applicant has indicated a total building footprint area of 98,000 square feet. Ten of the buildings are proposed as split-level; three stories tall on one side and two stories tall on the opposite site. The remaining buildings are proposed as two story buildings. The applicant has indicated the minimum building setback along the southern property line as 153-feet and 156-feet along the western property line. There is a 125-foot undisturbed buffer along the western property line. The applicant has indicated 10 acres of the site will remain undistributed. The site plan includes June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 3 the placement of two lakes. One of the proposed lakes will contain 0.32 acres and the second proposed lake will contain 1.43 acres. The applicant has indicated fishing piers will be added to the large lake. The site plan also includes the placement of a playground area near the clubhouse pool area. A second playground area has been added near the northern boundary of the Phase I portion of the development. One sign is proposed as a part of the development. The applicant has indicated the proposed sign will be consistent with signage allowed in multi-family zones. The applicant is also proposing the development as a gated community. The applicant has indicated the gates are not a part of the immediate plans but is requesting the option of adding gates in the future. The proposed site plan includes dedication of right-of-way along John Barrow Road per the Master Street Plan requirement. 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 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. ENGINEERING COMMENTS: 1. The proposed street from John Barrow going west to the last apartment entrance should be designed as a 36 foot collector street. The remainder can be 31 foot as shown on the plan. 2. Provide curve data for the collector street. The standard radius for a normal crown is 275 feet with a 100-foot tangent between reverse curves. June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 4 3. The residential street curve radius at the northwest corner of the development does not meet the standard 150-foot radius. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Show the location and preliminary sizing for all storm drains. Easements must be provided for all storm drains. Assuming the 0.48-acre lake will serve as detention for the residential subdivision, easements are likewise required for that drainage. 6. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Private sewer main crossing property. Must be relocated and dedicated to Little Rock Wastewater Utility as a public sewer main with easements. Capacity Contribution Analysis required, contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Easements are required to serve the proposed development. Contact Entergy at 954-5158 for additional information. Center-Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site in the area of the apartments will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 5 County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: Areas set aside for buffer and landscaping appear to meet with the landscape and buffer requirements. Screening is required along the southern perimeter of the site adjacent to the residentially zoned properties. A six (6) foot high opaque screen, either a wall, or wooden fence with its face side directed outward, or dense evergreen plantings, is required. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree-covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (February 10, 2005) The applicant was present representing the request. Staff presented an overview of the proposed request indicating the proposed site plan could not move forward until the issue of revocation was resolved. Staff stated there were additional items necessary to complete the review process. Staff requested the applicant indicate on the proposed site plan locations of playground areas. Staff also questioned if amenities such as fishing piers would be added to the lake areas. Public Works comments were addressed. Staff stated proposed gates should be located to allow sufficient turn-around. Staff also stated the roadway should be designed as a 36-foot drive near John Barrow Road. Landscaping comments were addressed. Staff stated areas set aside for buffers and landscaping appeared to meet with the landscape and buffer requirements. Staff noted screening would be required along the perimeters adjacent to residentially zoned property. June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 6 Staff noted comments from the various other reporting departments and agencies, indicating the applicant should contact them individually for further clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the February 10, 2005, Subdivision Committee meeting. The Little Rock Board of Directors adopted an ordinance on May 17, 2005, revoking the previous PD-R zoning of a portion of this site restoring the entirety of the site to MF-12 with a 110-foot R-2 zoned strip along the western perimeter. The applicant has indicated the proposed gates with sufficient turn-around to allow an escape should a visitor not be able to access the site. The applicant has also indicated the roadway as a 36-foot drive near the intersection with John Barrow, per staff’s request. The applicant has also indicated two playground areas and fishing piers for the proposed lakes. Landscaping comments have been addressed. The applicant has indicated screening will be placed along the southern and western perimeters of the site to comply with the buffer and landscape ordinance requirements. The proposed site plan complies with all requirements for the Subdivision Ordinance for a Multiple Building Site Plan Review. The applicant has indicated building setbacks, building heights, density, signage and parking in compliance with the ordinance requirements. The applicant has indicated a minimum building setback of 153-feet. The ordinance typically requires a minimum building setback of 25-feet. The applicant has a maximum building height of 35-feet, consistent with building heights allowed in the MF-12 zoning district. The applicant has indicated a proposed density of 3.79 units per acre, well below the allowable 12 units per acre. This takes into account the remainder of the MF-12 zoned 33.8 acres which is shown for future development. The site plan includes the placement of 262 parking spaces. The minimum parking required for 128 apartment units would be 192 parking spaces. The applicant has indicated signage will comply with signage allowed in multi-family zones or a maximum of twenty-four square feet of sign area for a ground-mounted sign. Staff is supportive of the applicant’s request. To staff’s knowledge there are no outstanding issues associated with the proposed request. The indicated site plan appears to fully comply with minimum ordinance requirements for a multiple building site plan review per the Subdivision Ordinance. June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 7 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of approval. Staff stated the proposed site plan appeared to meet all the minimum requirements for a subdivision site plan review with regard to landscaping, setbacks and buffers. Staff noted there were a few technical issues, which would be resolved between the applicant and staff at the time of building permit. Staff stated the main issue was related to the proposed driveway location and width. Ms. Betty Snyder addressed the Commission in opposition of the proposed request. She stated she was representing the John Barrow Neighborhood Association and wanted to go on the public record in opposition to additional apartment units in the John Barrow Neighborhood. She stated the association did not feel the proposed development was a “fit” with the neighborhood. She stated the neighborhood did not support the tax credit application approved by the Mayor and Board of Directors at their previous meeting for the proposed development. She questioned if the ADFA funds were not available would the development be constructed. Ms. Snyder stated if the development was going to be a part of the neighborhood then the John Barrow Neighborhood Association was requesting the developer provide the association with an office within the development. She stated the association wanted to keep a handle on the proposed development and additionally the association was looking for a place to store files. Ms. Snyder stated John Barrow Road was currently congested and questioned if a traffic light was proposed as a part of the development. She stated with the addition of 100 plus units and the completion of the three phases proposed within the development this would generate a great deal of traffic. She stated it was difficult to exit onto John Barrow Road currently and with the additional units the residents would not be able to exit the development safely. The Commission questioned if a traffic signal was warranted. Staff stated it was not warranted at this time. The developer stated the ADFA funding that had been applied for typically had available funds. He stated an office use for the association was something the owners would be willing to entertain as an allowable activity. He stated the association would be welcome to hold their monthly meetings on the site at the clubhouse facility. June 9, 2005 ITEM NO.: . D (Cont.) FILE NO.: S-1229-B 8 There was a general discussion concerning the approval being sought and the Commission’s role. Staff stated the Commission’s charge was to review the site plan to ensure compliance with the minimum ordinance standards. A motion was made to approve the request. The motion carried by a vote of 9 ayes, 1 no and 1 absent. June 9, 2005 ITEM NO.: 1 FILE NO.: Z-7563-B Owner: J. C.Halsell Applicant: Brian Tinnel, McClelland Consulting Engineers, Inc. Location: Northeast corner of University Avenue and “F” Street Area: Approximately 1.65 Acres Request: Rezone from R-5 to O-3 Purpose: Medical Clinic Existing Use: Two (2) Single Family Residential Structures SURROUNDING LAND USE AND ZONING North – Office and Commercial uses; zoned O-3 and PCD South – Office and Clinic uses (across “F” Street); zoned O-3, PCD and R-5 East – Single Family Residences; zoned R-3 West – Single Family Residences and Catholic High School property; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. For this zoning action, a 20-foot radial dedication of right-of-way is required at the intersection of “F” Street and University Avenue. 2. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. The previous, unauthorized fill in the floodway must be removed back to the mapped floodway line. The survey, as provided, does not appear to accurately depict the existing floodway line, but rather the toe of the existing slope. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25- foot wide access easement is required adjacent to the floodway boundary. June 9, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7563-B 2 4. With site development, provide design of streets 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 located on CATA Bus Route #21 (University Avenue 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 Hillcrest and Evergreen Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a rezoning from R-5 (Urban Residence District) to O-3 (General Office District) for development of an office building. The request does not require a change to the Land Use Plan. Bicycle Plan: Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. MASTER STREET PLAN: University Avenue is shown as a Principal Arterial on the Master Street Plan with special design standards south of the site between Lee and Markham Streets, which indicate a 100-foot right-of-way. Adjacent to the site University Avenue has a median separating northbound and southbound traffic. Southbound University Avenue traffic will not access this site directly, nor will traffic be able to leave this site in the southbound University Avenue direction unless a median cut is approved. A median cut could harm traffic flow on University Avenue. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University Avenue since it is a Principal Arterial. Additional improvements and right-of-way may be required for acceleration and deceleration lanes since this section of University Avenue has a significant hill. June 9, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7563-B 3 CITY RECOGNIZED NEIGHOBORHOOD ACTION PLAN: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal lists one objective related to this application. The objective is to recreate a neighborhood that is a pleasant place to work and live, and to preserve the net number of residential units by not demolishing them or converting them to other uses. This application will result in the demolition of two single-family homes and the new office space provided could be a place of employment for area residences. E. STAFF ANALYSIS: J. C. Halsell, owner of the 1.65 Acre property at the northeast corner of University Avenue and “F” Street, is requesting to rezone the property from “R-5” Urban Residence District to “O-3” General Office District. The rezoning is proposed in order to develop a new medical clinic. Proposed right-of-way abandonment for abutting portions of Grant Street and “G” Street associated with this property is a separate item on the agenda (Item 1.1). There are two (2) single-family residential structures within the west portion of the property, along University Avenue. The east portion of the property is undeveloped. There is a paved access drive within the Grant Street right-of-way, which has served as access to the property. The general area contains a mixture of uses and zoning. There are office, commercial and residential uses to the north along University Avenue and “H” Street. Office/clinic uses are located to the south along University Avenue. Single-family residences are located to the east and southeast. Single-family residences and the Catholic High School campus are located across University Avenue to the west and southwest. The City’s Future Land Use Plan designates this property as office. The requested zoning change to O-3 does not require a change to the Land Use Plan. Staff is supportive of the requested O-3 zoning. Staff feels the requested rezoning is appropriate. The rezoning to O-3 and development of the site as a medical clinic will continue the pattern of clinical uses along the east side of University Avenue, north of “C” Street. Staff believes the requested O-3 zoning will have no adverse impact on the general area. June 9, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7563-B 4 F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (JUNE 9, 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 9 ayes, 0 nays, 1 absent and 1 recusal (Yates). June 9, 2005 ITEM NO.: 1.1 FILE NO.: G-23-344 Name: Grant Street and “G” Street – Right-of-Way Abandonments – Lincoln Park Addition Location: Near the northeast corner of University Avenue and “F” Street Owner/Applicant: J. C. Halsell/Brian Tinnel, McClelland Consulting Engineers, Inc. Request: To abandon the one (1) block portion of the 46-foot wide Grant Street right-of-way north of “F” Street, and the one (1) block portion of the 25-foot wide “G” Street right-of-way east of University Avenue. Purpose: To be incorporated into adjacent property for future development. STAFF REVIEW: A. Public Need for this Right-of-Way As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonments. Several of the utilities request that all of the areas of abandonment be retained as utility easements. The Public Works comment is as follows: 1. No objection to the closure of the rights-of-way for public access. However, Coleman Creek, an existing major drainage way is located in a portion of “G” Street east of Block 10. Drainage and floodway easements must be retained in this area. B. Master Street Plan The Master Street Plan would classify Grant Street and “G” Street as local roads. Abandonment of these rights-of-way will not adversely affect the Master Street Plan, as they are not classified as collector streets or higher. June 9, 2005 ITEM NO.: 1.1 (Cont.) FILE NO.: G-23-344 2 C. Characteristics of Right-of-Way Terrain The Grant Street right-of-way currently contains a narrow paved drive, which has been used to access two (2) single-family residences. The “G” Street right-of-way is currently undeveloped. D. Development Potential Once abandoned, the areas of abandonment will be incorporated into adjacent property for future development. E. Neighborhood and Land Use Effect There are two (2) single-family residential structures along the west side of the Grant Street right-of-way and a small office use along its east side (fronting on “F” Street). Undeveloped property is located along the south side of the “G” Street right-of-way, with office zoned property along the north side. Abandoning these rights-of-way will have no adverse impact on the general area. F. Neighborhood Position The Hillcrest and Evergreen Neighborhood Associations were notified of the abandonment requests. As of this writing, staff knows of no objectors to the proposed abandonments. One (1) property owner along the east side of the Grant Street right-of-way (O-3 zoned property) has not signed the petition to abandon, but will be notified of the public hearing. G. Effect on Public Services or Utilities • Central Arkansas Water – Central Arkansas Water has no existing or proposed facilities within these rights-of-way. No objection to right-of- way abandonments. • L.R. Wastewater Utility – No objection to abandonment, but entire right-of-way must be retained as easement. • Entergy – Retain all areas of rights-of-way as utility easements. • CenterPoint Energy (Arkla) – No Comments received. • Southwestern Bell – No Comments received. June 9, 2005 ITEM NO.: 1.1 (Cont.) FILE NO.: G-23-344 3 H. Reversionary Rights All reversionary rights will extend to the adjacent property owners. I. Public Welfare and Safety Issues Abandoning these street rights-of-way will have no adverse effect on the public welfare and safety. The Little Rock Fire Department has submitted no negative comments to the proposed abandonment. SUBDIVISION COMMITTEE COMMENT: (MAY 19, 2005) Brian Tinnel was present, representing the application. Staff presented the abandonment request. Staff noted that some additional documentation was needed to complete the application. The proposed abandonments were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the proposed Grant Street and “G” Street right-of- way abandonments, subject to the entire areas of abandonment being retained as utility and drainage/floodway easements. PLANNING COMMISSION ACTION: (JUNE 9, 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 9 ayes, 0 nays, 1 absent and 1 recusal (Yates). June 9, 2005 ITEM NO.: 2 FILE NO.: Z-7849 Owner: Joe P. DeWitt Applicant: James D. Rankin, III Location: 11227 Dewitt Lane Area: 29.66 Acres Request: Rezone from R-2 to AF Purpose: Forestry Existing Use: Vacant single family residence and undeveloped property STAFF NOTE: The applicant submitted a letter to staff on May 19, 2005 requesting the application be withdrawn. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (JUNE 9, 2005) Staff noted that the applicant requested the application be withdrawn. Staff supported the withdrawal request. 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. June 9, 2005 ITEM NO.: 3 FILE NO.: Z-7850 Owner: Leonard Hall Applicant: Leonard Hall Location: Northwest corner of Asher Avenue and Allis Street Area: 0.32 Acre Request: Rezone from R-3 to C-3 Purpose: Barber Shop Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences, duplexes and a church; zoned R-3 and R-4 South – Single family residences, grocery store and undeveloped lots (Across Asher Avenue); zoned R-3 East – Cemetery (Across Allis Street); zoned R-3 West – Commercial buildings and duplexes; zoned C-3 A. PUBLIC WORKS COMMENTS: 1. Asher Avenue is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline will be required (reduced standard right-of-way). 2. The proposed land use would classify Allis Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20-foot radial dedication of right-of-way is required at the intersection of the streets. 4. Furnish signed and notarized dedications with final Board approval of the rezoning request. June 9, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-7850 2 5. With site development, provide design of streets 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 CATA Bus Route. Route #16 (UALR Route) runs to the north along West 20th Street and to the east along Asher Avenue/Wright Avenue. 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 LOVE and Goodwill Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from R-3 (Single Family Residence District) to C-3 (General Commercial District) for construction of a barber shop. The request does not require a change to the Land Use Plan. Bicycle Plan: Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. Master Street Plan: Asher Avenue is shown as a Principal Arterial on the Master Street Plan with special design guidelines indicating a right-of-way of 70 feet with a four lane section (five at major intersections). The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Access from Asher Avenue should be limited since it is a Principal Arterial. Additional development along Asher Avenue could result in an area traffic increase. Allis 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. Asher Avenue and Allis Street may require dedication of right- of-way and may require street improvements. June 9, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-7850 3 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Neighborhood Action Plan. The Economic Development goal listed one objective relevant to this case. The objective indicates a desire to locate new business in the Stephens Neighborhood area. This application would result in a new area business. The Neighborhood Revitalization goal indicates a need for the replacement of sidewalks. In the event of approval the sidewalks should be repaired/replaced in order to help achieve this goal. E. STAFF ANALYSIS: Leonard Hall, owner of the 0.32 Acre property at the northwest corner of Asher Avenue and Allis Street, is requesting to rezone the property from “R-3” Single Family District to “C-3” General Commercial District. The property consists of two (2) platted lots. The rezoning is proposed in order to develop a new commercial building for a barber shop. The property is currently undeveloped and grass covered. There is a partially paved alley along the north property line. The general area contains a mixture of zoning and uses. Single family residences, duplexes and a church are located to the north. Single family residences, a small grocery store and vacant lots are located across Asher Avenue to the south. A cemetery is located to the east across Allis Street, with O-3, C-3 and I-2 zoned property to the southeast. Two (2) commercial buildings and several duplexes are located to the west. The City’s Future Land Use Plan designates this property as Commercial. 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 the request is reasonable. The remainder of this one-half block is zoned C-3 and contains commercial buildings. Staff feels that C-3 zoning for this property will be consistent with the zoning pattern in this immediate area. The applicant should be aware that development of this property must comply with the C-3 development standards as found in Section 36-301 of the City’s Zoning Ordinance. Staff believes this proposed C-3 rezoning will have no negative impact on the general area. June 9, 2005 ITEM NO.: 3 (Cont.) FILE NO.: Z-7850 4 F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JUNE 9, 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. June 9, 2005 ITEM NO.: 4 FILE NO.: Z-7852 Owner: Baptist Health Applicant: Robert Brown; Development Consultants, Inc. Location: Northeast corner of Kanis Road and Emergency Drive Area: 3.48 Acres Request: Rezone from O-3 to O-2 Purpose: Hospital Support Facilities Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Hospital parking lot; zoned O-3 South – Apartment complex and single family residences (Across Kanis Road); zoned R-2 and MF-18 East – Office/Clinic uses; zoned O-3 West – Baptist Medical Center (Across Emergency Drive); zoned O-2 A. PUBLIC WORKS COMMENTS: 1. Kanis 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. The provided survey does not show current conditions to document compliance. 2. With site development, provide design of streets conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. Construct right-turn lane on Kanis per MSP standards. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route #3 (Baptist Medical Center Route). June 9, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-7852 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 Twin Lakes “A” and John Barrow 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 Office for this property. The applicant has applied for a rezoning from O-3 (General Office District) to O-2 (Office and Institutional District) to facilitate future hospital expansion. The request does not require a change to the Land Use Plan. Bicycle Plan: Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. Master Street Plan: Kanis Road is shown as a Minor Arterial and Emergency Drive is shown as a Collector on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. A Collector Street’s primary purpose is to link Local Streets to arterials and activity centers. Entrances and exists to proposed development should be from the Collector Street (Emergency Drive) to minimize possible traffic conflicts on the Minor Arterial. Kanis Road and Emergency Drive may require dedication of right-of-way may require street improvements. 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: Baptist Health, owner of the 3.48 Acre property at the northeast corner of Kanis Road and Emergency Drive, is requesting to rezone the property from “O-3” General Office District to “O-2” Office and Institutional District. The rezoning is proposed in order to develop hospital support facilities on the property. June 9, 2005 ITEM NO.: 4 (Cont.) FILE NO.: Z-7852 3 The property is currently undeveloped and wooded. The general area contains a mixture of uses and zoning. Baptist Medical Center is located across Emergency Drive to the west, with hospital parking to the north. Single family residences and an apartment complex are located across Kanis Road to the south. Office and clinic uses are located to the east along Kanis Road, with commercial uses and zoning further east. Single family residential property is located to the northeast. The City’s Future Land Use Plan designates this property as Office. The requested zoning change to O-2 does not require a change to the Land Use Plan. Staff is supportive of the requested O-2 zoning. Staff feels that the request is appropriate. Development of this property as hospital support facilities is a reasonable use of the property, with existing hospital and hospital support facilities located to the west and north. Other clinical type uses exist to the east. Staff believes this proposed O-2 rezoning will have no negative impact on the general area. The O-2 zoning district is a site plan review district. Therefore, future development plans for the property must be reviewed and approved by the Planning Commission. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 rezoning. PLANNING COMMISSION ACTION: (JUNE 9, 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. June 9, 2005 ITEM NO.: 5 FILE NO.: Z-7854 Owner: DFP Holdings, LLC Applicant: Joe White, White-Daters and Associates Location: West side of S. Shackleford Road Area: 20 Acres Request: Rezone from R-2 to I-2 Purpose: Future light industrial development Existing Use: Two (2) Single Family Structures and Undeveloped Property STAFF NOTE: The applicant submitted a letter to staff on May 24, 2005 requesting the application be withdrawn, without prejudice. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (JUNE 9, 2005) Staff noted that the applicant requested the application be withdrawn, without prejudice. Staff supported the withdrawal request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal, without prejudice. 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, without prejudice. June 9, 2005 ITEM NO.: 6 FILE NO.: G-23-343 Name: Alley Right-of-Way Abandonment – Block 4, Weldon E. Wright’s Addition Location: Block bounded by Arch, Gaines, West 21st and West 22nd Streets Owner/Applicant: Various owners/Stephen R. Giles Request: To abandon the north/south platted alley right- of-way within Block 4, Weldon E. Wright’s Addition. Purpose: Both ends of the alley right-of-way will be gated for security and private access to the single family residences within this block. STAFF REVIEW: A. Public Need for this Right-of-Way As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. Several of the utilities request the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. There are no drainage facilities located in the alley that are maintained by Public Works. No objection to the abandonment. B. Master Street Plan There are no Master Street Plan issues, as the right-of-way is not classified as a collector street or higher. C. Characteristics of Right-of-Way Terrain The alley right-of-way is currently open and partially gravel covered. D. Development Potential Once abandoned, both ends of the alley will be gated, with secure, controlled access to the single family lots within this block. June 9, 2005 ITEM NO.: 6 (Cont.) FILE NO.: G-23-343 2 E. Neighborhood and Land Use Effect There are nine (9) single family residences within this block, which abut the alley right-of-way. It does not appear that any of the residential properties along the alley right-of-way use it for vehicular access. Abandoning this alley right-of-way will have no adverse impact on the general area. F. Neighborhood Position The Downtown and East of Broadway Neighborhood Associations were notified of the abandonment request. As of this writing, staff knows of no objectors to the proposed abandonment. G. Effect on Public Services or Utilities • Central Arkansas Water – Central Arkansas Water has no existing or proposed facilities within this right-of-way. No objection to alley abandonment. • L.R. Wastewater Utility – No objection to abandonment, but entire right-of-way must be retained as easement. • Entergy – Entergy does not object to the closing of the subject alley contingent on the following: 1. The entire alley length and width be retained as a utility easement including rights of ingress and egress and right to keep the easement clear of structures and trees. 2. If the alley is enclosed with a gate at each end, provisions will be made to allow utility access to the easement. Entergy prefers a set-up that will allow ganged locks so we can use our standard lock instead of a shared lock/key/combination. 3. The alley length between the gates mentioned in item 2 above not be blocked off or sectioned off by cross fences. • CenterPoint Energy (Arkla) – No objection to abandonment. Retain right-of-way as utility easement. • Southwestern Bell – No objection to abandonment. June 9, 2005 ITEM NO.: 6 (Cont.) FILE NO.: G-23-343 3 H. Reversionary Rights All reversionary rights will extend to the adjacent property owners to the east and west. I. Public Welfare and Safety Issues Abandoning this street right-of-way will have no adverse effect on the public welfare and safety. The Little Rock Fire Department has submitted no negative comments to the proposed abandonment. SUBDIVISION COMMITTEE COMMENT: (MAY 19, 2005) Stephen Giles was present, representing the application. Staff presented the proposed right-of-way abandonment. There was a brief discussion pertaining to the location of the future gates at the ends of the alley. Staff noted that the gates needed to be one (1) car length in from the West 21st and West 22nd Street rights-of-way. In response to a question from the Committee, Mr. Giles noted that the alley was not used for garbage pick-up. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the proposed alley right-of-way abandonment, subject to the following conditions: 1. The entire area of abandonment must be retained as a utility and drainage easement. 2. Compliance with the utility comments as noted in paragraph G. of the staff report. 3. If gates are placed at the north and south ends of the alley, they must be at least one (1) car length in from the West 21st and West 22nd Street rights-of- way. The Public Works Department must approve gate locations. June 9, 2005 ITEM NO.: 6 (Cont.) FILE NO.: G-23-343 4 PLANNING COMMISSION ACTION: (JUNE 9, 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. June 9, 2005 ITEM NO.: 7 FILE NO.: Z-7573-A NAME: Hicks Beauty Products & Salon – Conditional Use Permit LOCATION: 6805 W. 12th Street, Suite H OWNER/APPLICANT: Danny Thomas Properties/Aundria Hicks PROPOSAL: A conditional use permit is requested to allow retail beauty products and salon business in one bay of this I-2 zoned development. 1. SITE LOCATION: The property is located on the south side of W. 12th Street; ½ block east of West Park Drive. The suite is located in the second building off of the street. 2. COMPATIBILITY WITH NEIGHBORHOOD: All surrounding properties south of 12th Street are zoned I-2 and are occupied by a variety of warehousing, wholesaling and commercial uses. A cemetery is located across W. 12th Street, to the north. Allowing this small business to occupy one bay in this development should be compatible with uses 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 University Park Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The lease space is 2, 800 square feet in area; requiring between 10-14 parking spaces depending on the amount of area devoted to retail sales and the area devoted to the salon. Parking spaces are located in front of, behind and beside each of the buildings on the site. Other than for the spaces directly adjacent to 12th Street, much of the parking appears unused. There is sufficient parking on the site to accommodate the use. 4. SCREENING AND BUFFERS: No comments on this use issue. June 9, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-7573-A 2 5. PUBLIC WORKS COMMENTS: 1. No comments on this use issue. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. 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. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MAY 19, 2005) The applicant was present. Staff presented the item and noted there were few outstanding issues. Staff asked the applicant to provide the number of employees and to describe any proposed signage. Staff also noted Central Arkansas Water’s comment regarding the need for an RPZA. There was no further discussion. The applicant was advised to respond to staff questions by May 25, 2005. June 9, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-7573-A 3 STAFF ANALYSIS: A conditional use permit is requested to allow use of one bay in the multiple building development at 6805 W. 12th Street for the retail sales of beauty products and a beauty salon. The property is zoned I-2. The site is occupied by three large buildings with a total of 66,700 square feet. The applicant proposes to occupy one, 2,800 square foot space. Other uses in the complex include warehousing/wholesaling, office warehouse, retail and a restaurant. Large areas of paved parking are located adjacent to each building. The proposed business is to operate Monday – Saturday, 8:00 a.m. – 9:00 p.m. The number of employees will range from 5-10; consisting of stylists, sales and support staff. Signage will consist of a wall sign and space on the center’s tenant identification ground sign. To staff’s knowledge, there are no outstanding issues. The applicant responded to issues raised at Subdivision Committee. There is no Bill of Assurance issue. Staff believes allowing this use should have no effect on surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the comments in Section 6 of the Agenda Staff Report. PLANNING COMMISSION ACTION: (JUNE 9, 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. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. June 9, 2005 ITEM NO.: 8 FILE NO.: Z-7851 NAME: Chenal Elementary School – Conditional Use Permit LOCATION: South side of Denny Road, west of Wildwood OWNER/APPLICANT: Pulaski County Special School District/Crafton, Tull & Associates PROPOSAL: A conditional use permit is requested to allow for construction of a new elementary school on this R-2 zoned 14-acre tract. STAFF REPORT: On May 26, 2005, the applicant requested deferral of the item to the July 21, 2005 Agenda. The applicant and staff are continuing to study issues related to street improvements and wastewater treatment. Staff supports the deferral request. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was present. There were no objectors present. Staff informed the Commission of the deferral request. There was no further discussion. The item was placed on the Consent Agenda and deferred to the July 21, 2005 Agenda by a vote of 10 ayes, 0 noes and 1 absent. June 9, 2005 ITEM NO.: 9 FILE NO.: Z-7853 NAME: Briscoe Accessory Dwelling – Conditional Use Permit LOCATION: 3701 Potter Street OWNER/APPLICANT: William E. Briscoe, III PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the southeast corner of W. 37th and Potter Streets; in the John Barrow neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a predominately single family neighborhood. Single family homes are located to the north, east and south. A City park occupies a four-block area to the west. Housing in the immediate area ranges from distressed to good quality. A large area of undeveloped property is located one block to the east. The applicant proposes to replace an existing building with a small, one-bedroom accessory dwelling. He has committed to a condition that the property owner will occupy the property. Staff believes the proposed use will be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling require one on-site parking space each. Currently, the site is served by a single-wide, concrete drive off of W. 37th Street. The applicant has agreed to widen the driveway to accommodate two vehicles. 4. SCREENING AND BUFFERS: No comments. June 9, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7853 2 5. PUBLIC WORKS COMMENTS: No comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA Bus Route is located just north of this site, at 36th Street. SUBDIVISION COMMITTEE COMMENT: (MAY 19, 2005) The applicant was present. Staff presented the item and noted there were few outstanding issues. Staff asked the applicant to provide a description of the building materials. Mr. Briscoe stated the building would be designed to match the existing, frame residence. In response to a question, Mr. Briscoe stated only a separate electric meter would be requested; that other utilities would be shared with the principal dwelling. Mr. Briscoe stated he would widen the driveway to accommodate two vehicles and would comply with Ordinance standards for building setbacks. There were no other comments to discuss. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 3701 Potter Street is occupied by a one-story, frame single family residence and a detached, frame garage structure. The June 9, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7853 3 applicant proposes to remove the garage, which is in a state of disrepair, and build in its place an accessory dwelling. The accessory dwelling is to be the same size as the existing garage; 24’ by 31’. The accessory dwelling will be designed to match the architecture of the house. The structure will contain one bedroom, a bathroom and a combined kitchen-living area. The applicant had intended to utilize the existing foundation but has found it to be unstable. The new structure will be moved 1-2 feet away from the north property line to provide the required 15 foot street side setback. The new structure will be one story in height. The applicant will widen the existing paved driveway to accommodate one additional vehicle. The 1907 Bill of Assurance does not address use issues. The applicant has stated it is his desire to provide a home for his elderly mother. With her living in the accessory dwelling, the applicant or his son can care for her. The applicant has proposed the condition that he or his son must live in the house while his mother lives in the accessory dwelling. He has also proposed that owners of the property must live on the site in the event the accessory dwelling is rented after his mother’s death. Staff believes it is important that the property owner reside on the site, whether the accessory dwelling is occupied by a family member or rented to another individual. Occupancy of the site by the property owner provides a greater level of responsibility and surety that the site will be maintained. With this condition, staff can support the proposal. The applicant has requested a separate electric meter for the accessory dwelling. Other utilities will not be split. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the utility comments in Section 6 of the Agenda Staff Report. 2. The owner of this property must occupy either the principal dwelling or accessory dwelling as their principal residence. Staff recommends approval of separate electric meters. PLANNING COMMISSION ACTION: (JUNE 9, 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. June 9, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7853 4 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. June 9, 2005 ITEM NO.: 11 FILE NO.: Z-7836 NAME: Ransom Accessory Dwelling – Conditional Use Permit LOCATION: 1623 N. University Avenue OWNER/APPLICANT: Kenneth Ransom/Mike Ransom PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-2 zoned lot. 1. SITE LOCATION: The property is located on the east side of University Avenue; one block south of Cantrell Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a small single family residential neighborhood which is bordered by office and multi-family developments on the south and the Heights Commercial District on the north. The older neighborhood, east of University, of which this property is part, is stable and most all of the homes are well maintained. The somewhat newer residential neighborhood, across University is stable and well maintained as well. The applicant’s proposal is to use both the existing residence and proposed accessory dwelling as rental property. Staff questions if the proposed use is of benefit to the neighborhood and whether the use would be compatible with the single family properties. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hillcrest, Forest Park and South Normandy Neighborhood Associations were notified. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling each require one, on-site parking space. The applicant proposes to construct a three-vehicle parking pad at the rear of the site, taking access off of the alley. 4. SCREENING AND BUFFERS: No comments. June 9, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7836 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 Water if additional or larger water meter(s) are required. Fire Department: No Comments. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MAY 19, 2005) Kenneth Ransom was present representing the application. Staff presented the item and noted additional information was needed regarding building design, number of bedrooms and building setbacks. Staff noted a copy of the Bill of Assurance needed to be provided. Staff asked if separate utilities were requested. There were no other comments to discuss. The applicant was instructed to respond to staff comments by May 25, 2005. STAFF ANALYSIS: The R-2 zoned property located at 1623 North University is occupied by a one story single family residence. The applicant proposes to construct a two-story accessory dwelling and three-car parking pad near the rear of the lot. The accessory dwelling will contain one bedroom. The building will be designed to June 9, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-7836 3 compliment the home’s craftsman style; siding, 3 tab shingles, single gable and exposed rafter tails. Separate water and electric meters are requested. The structure will not have gas service. The applicant states no Bill of Assurance was available from the County. Staff has concerns about the applicant’s proposal. While the concept of having an accessory dwelling is not viewed as negative by staff, this particular proposal is to create two rental units on the property. The property owner will not live on site. Staff believes there is value in having the property owner occupy the site when an accessory dwelling is involved. There clearly is a greater level of responsibility and accountability when the property owner is on-site. The Code typically requires the property owner to live on site and only allows two-story accessory dwellings when the ground-floor is a garage. The structure is also proposed to have a side yard setback of 2 feet on the south side; the Code requires 3 feet. While the Commission does have authority to vary the standards related to occupancy, number of floors and setbacks, staff does not believe it would be in the best interest of this neighborhood to allow the accessory dwelling under those conditions. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JUNE 9, 2005) The applicant was not present. There were two objectors present. Staff informed the Commission that the applicant had failed to send the required notices. The item was placed on the Consent Agenda and deferred to the July 21, 2005 Agenda by a vote of 10 ayes, 0 noes and 1 absent. June 9, 2005 ITEM NO.: 12 LAND ALTERATION REGULATIONS Name: Proposed Revisions to Land Alteration Regulations, Sec. 29-166 Location: Little Rock Rev. Code (1988) Owner/Applicant: City of Little Rock Public Works Request: Approval of proposed revisions to the Land Alteration Regulations, Sec. 29-166 STAFF REVIEW: 1. History and Overview: The Land Alteration Regulations Sec. 29-166 through Sec. 29-195 (“the regulations”) were adopted by the City of Little Rock Board of Directors (“BOD”) on September 26, 2000. The regulations were assembled by a task force consisting of staff, landscape architects, developers, engineers, neighborhood association representatives, and concerned citizens who met for over one (1) year. The final terms of the regulations were mediated between committee and developer’s representatives. Representatives from both sides encouraged the BOD to pass the regulations “as is”. Currently, the regulations have been in place for approximately 5 years. 2. Overview of Proposed Additions: During the 5 years the regulations have been administered and enforced, it has become apparent that some adjustment to the ordinance provisions are needed to improve the administration of the ordinance. For example, while the ordinance as now written provides that the Commission is to decide all appeals, the ordinance lacks any specifics on appeal procedures, authority and responsibilities of the Planning Commission; and what occurs after ruling on appeals. This revision adds new ordinance section to address this issue. Another revision concerns the handling of requests for variances. Currently, variances are considered by the Commission as a part of the site plan review process, but there are no specific provisions for the handling of variance requests. In speaking with task force members, the handling of variances was discussed in task force deliberations, but no June 9, 2005 ITEM NO.: 12 (Cont.) LAND ALTERATION REGULATIONS 2 specifics were set forth in the final ordinance. As a practical matter, the Commission needs some authority to formally deal with variance requests due to specific site conditions. The third revision concerns corrective action of a land alteration violation that has occurred without a grading permit. The regulations only state to restore the land to the maximum extent practicable to its original condition but includes no further explanation of what that means or how to do it. A new section was added to address restoration. Other revisions include the addition of definitions for terms used in the ordinance and clarifying grading and drainage plan requirements and an increase in permit fees of 20%. 3. Revisions: The proposed revisions to the regulations have been drafted by staff and reviewed by the City Attorney’s office. They have been placed on public notice and presented to the City Beautiful Commission and Planning Commission for comment. The proposed revisions consist of language introduced to improve the administration and enforcement of the regulations. General housekeeping and maintenance changes were also introduced. Due to the nature of the revisions and comments received, staff does not believe the submittal of the regulations back to the citizen’s task force is warranted. The proposed revisions consist of detailed requirements for restoration work located in Section 29-196; increase in the grading permit fees by 20% located in Section 29-193; and definition of terms located at the beginning of the regulations. Additions have been made to section 29- 172 to further detail appeals of violations of the regulations. Further language has also been added to Section 29-187 to institute a variance process to the regulations. STAFF ANALYSIS: The proposed revisions will improve the administration and enforcement of the regulations. The staff opinion is that no additions have been made to the regulations or provisions omitted that would significantly change the framework of the ordinance that the original task force recommended to the Board. Staff recommends approval of the proposed revisions to the regulations. June 9, 2005 ITEM NO.: 12 (Cont.) LAND ALTERATION REGULATIONS 3 CITY BEAUTIFUL COMMISSION – March 3, May 5 and 12, 2005 Staff presented the revisions to the CBC and received written comments. The majority of those comments are incorporated into the final mark-up except for a request to increase the monetary penalty for violations and including the BOD as an additional appellate body for Planning Commission decisions. In the case of penalties, the authority of the municipal court is governed by state statute. For appeals, staff believes that the intent of the original ordinance was that all appeals and administrative review authority was intended to rest with the Commission. Therefore, a provision that all land alteration decisions can be appealed to the Board was not added to the ordinance. The Commission’s decision will be final for appeals of enforcement actions, appeal of restoration requirements, and for a portion of the variance requests. As a practical matter, the Board or Directors will have oversight authority for many of the variance requests associated with large site development plans. All Commission decisions in these cases are advisory since the Board must review and adopt a change in the zoning ordinance. The Board may consider any variance requests as a part of the zoning review. INFORMAL PLANNING COMMISSION MEETINGS – February 17 and May 19, 2005 Staff presented a slide show outline of the recommended revisions at the Planning Commission Informal Meeting on February 17, 2005. Input from the Commissioners at this meeting was used to draft the actual revisions. Some comments received were: • Provide a method to handle select cutting of timber on R2 zoned property, • Provide a means to allow advance grading on sites where building construction is not imminent, • Procedures for appeals and restoration need to be established, and • Staff should have the authority to allow approval of advance grading on sites. Virtually all of the Commissions concerns have been addressed in the final draft of the regulation except that staff did not agree that advanced grading and clearing requests should be approved by staff. This is a departure from the framework of regulation originally recommended by the task force and adopted by the Board. June 9, 2005 ITEM NO.: 12 (Cont.) LAND ALTERATION REGULATIONS 4 Finally, the draft mark-up of the regulation was presented to the Commission at their informal meeting on May 19, 2005. While there were some questions, the consensus appeared to be that the draft regulation was ready for Commission action. PLANS COMMITTEE: May 4, 2005 The draft regulation was presented and discussed at Plans committee. There was some discussion of the proposed 20% fee increase. Staff stated that even with the increase, it would not pay for the staff inspector for the program. The new maximum permit fee would be $660.00 up from $550.00. PLANNING COMMISSION ACTION: (JUNE 9, 2005) Staff presented the item with a recommendation of approval of the revisions of the Land Alteration Regulations. At the meeting, two (2) people spoke in opposition to the revisions. One of the speakers, Mrs. Dottie Funk, a member of the original regulation drafting task force, was please with the revisions in general and stated the staff had done an exceptional job. She continued though and spoke of concerns over the Planning Commission giving advanced grading decisions and variances to exceed the cut and fill limits. She hoped that these decisions would not create the same conditions that resulted in the drafting and adoption of the regulations in the beginning. Lastly, Mrs. Funk stated she did not believe that the penalty for violation of the regulations was strict enough. The other speaker, Mrs. Kathleen Olson, League of Women Voters, stated she did not think that the appeal process should stop at the Planning Commission and believed Planning Commission decisions pertaining to the regulation should be appealable to the BOD. In response to these speakers, Commissioner Norm Floyd said the current regulations seem to have shortfalls and the revisions appear to cover those loop holes. He also stated that currently decisions by the Board of Adjustment are also final and not appealable to the BOD. There was no further discussion of the item. The Chair entertained a motion to approve the revisions. The motion carried by a vote of 11 ayes and 0 noes.