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pc_07 21 2005 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JULY 21, 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 Norm Floyd Fred Allen, Jr. Jeff Yates Darrin Williams Chauncey Taylor Members Absent: None City Attorney: Debra Weldon III. Approval of the Minutes of the June 9, 2005 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JULY 21, 2005 4:00 P.M. I. OLD BUSINESS: A. Z-7836 Ransom Accessory Dwelling – Conditional Use Permit 1623 N. University Avenue 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-7851 Chenal Elementary School – Conditional Use Permit Denny Road, west of the Wildwood Center E. S-1477 Two Rivers Harbor Subdivision Preliminary Plat East end of Isbell Lane, west of County Farm Road, north of Two Rivers Park II. NEW BUSINESS: 1. G-23-345 Unnamed Street – Right -of-Way Abandonment Adjacent to 8625 Westwood Avenue 2. G-23-346 Walkway Easement/Right-of-Way Abandonment Adjacent to 6700 Waverly Place 3. G-23-347 Spruce Street – Right-of-Way Abandonment Between Blocks 4 and 6, Hillcrest Addition 4. G-23-348 Cobb Street – Right-of-Way Abandonment Adjacent to Lot 8, Pine Hill Subdivision 5. G-23-349 Unnamed Street – Right-of-Way Abandonment Adjacent to 11525 Summit Road Agenda, Page Two II. NEW BUSINESS: (Cont.) 6. G-23-350 Unnamed Street – Right-of-Way Abandonment Adjacent to 11324 Kanis Road 7. Z-7597-A Rezoning from R-2 to O-3 East side of Stagecoach Road, approximately 1,600 feet north of Otter Creek Parkway 8. LU05-19-02 A Land Use Plan Amendment in the Chenal Planning District on the south side of Cantrell Road at Norton Road from Single Family to Commercial. 8.1. Z-7880 Rezoning from R-2 to C-3 6, 12, 14 and 17 Norton Road 9. Z-7883 Rezoning from I-2 to I-3 North side of Lindsey Road, East of Fourche Dam Pike 10. Z-5224-J Moonlight Fireworks – Conditional Use Permit 7807 Highway 300 11. Z-6490-A Tires for Less – Conditional Use Permit 7304 – 7312 Colonel Glenn Road 12. Z-7868 Givens Beauty Salon – Conditional Use Permit 8501 Geyer Springs Road 13. Z-7881 Butler Accessory Dwelling – Conditional Use Permit 417 East 10th Street 14. Z-7882 Torres Accessory Dwelling – Conditional Use Permit 7911 Hillsboro Road 15. Z-7884 First Assembly of God Outreach Center – Conditional Use Permit 2914 Cumberland Street 16. Z-7885 Suds Car Wash – Conditional Use Permit 8001 Geyer Springs Road 17. Proposed Amendments to Chapter 36 of the Code of Ordinances related to various residential uses 18. LU05-08-02 A Land Use Plan Amendment in the Central City District located between I-630 and Roosevelt Road from Dr. Martin Luther King, Jr. Drive to Woodrow. Changing areas from Single Family, Mixed Office Commercial, Mix Use, Commercial and Industrial to Single Family, Low Density Residential, Multifamily Mixed Use, Public Institutional, Neighborhood Commercial, Commercial Light Industrial and Service Trades District. July 21, 2005 ITEM NO.: A 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. July 21, 2005 ITEM NO.: A (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 July 21, 2005 ITEM NO.: A (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. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicant was not present. There were two objectors present. Staff informed the Commission that the applicants had requested that the item be withdrawn. A motion was made to waive the bylaws and allow the late withdrawal request. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. The item was then placed on the Consent Agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. July 21, 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. July 21, 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. July 21, 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. July 21, 2005 ITEM NO.: B (Cont.) FILE NO.: Z-7725 4 STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal. Staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommend that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. July 21, 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. July 21, 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. July 21, 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. July 21, 2005 ITEM NO.: C (Cont.) FILE NO.: Z-7726 4 STAFF UPDATE: Proposed ordinance amendments related to group homes and other transitional living facilities are a separate item on the July 21, 2005 Agenda. As the proposed amendments will directly affect this proposal, staff believes it is appropriate to defer this item to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to September 1, 2005 with a vote of 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: D 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. STAFF UPDATE: The applicant is continuing to address the issue of wastewater treatment and expects to have the appropriate approvals soon. Staff recommends that the item be deferred to the September 1, 2005 Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicant was not present. There were no objectors present. Staff informed the Commission of the need to defer the item. There was no further discussion. The item was placed on the Consent Agenda and deferred to the September 1, 2005 Agenda by a vote of 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: E FILE NO.: S-1477 NAME: Two Rivers Harbor Subdivision Preliminary Plat LOCATION: Located on the East end of Isbell Lane, West of County Farm Road, North of Two Rivers Park DEVELOPER: Charles Hinson 24 Isbell Lane Little Rock, AR 72223 ENGINEER: Civil Design Incorporated 15104 Cantrell Road Little Rock, AR 72223 AREA: 9.66 acres NUMBER OF LOTS: 6 FT. NEW STREET: 1,800 LF (Private) CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.05 Variance/Waivers: 1. A variance to allow the development of lots with a private street. A. PROPOSAL/REQUEST: The request includes the development of an existing 9.66-acre tract of residentially zoned property into five large estate type lots ranging from 1.26 acres up to 2.29 acres and one tract for future development. The developer has indicated an average lot size of 1.56 acres. The developer is requesting a variance from the Subdivision Ordinance to allow the development of lots with private streets. July 21, 2005 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1477 2 The property is located outside the City Limits of Little Rock but within the planning jurisdiction. The applicant has met with the County and determined the site is located within the floodway of the Arkansas River. The developer has stated the County has allowed construction to the west of the proposed subdivision when presented with a “No Rise/No Impact” statement. The applicant has obtained a FTN certificate (“No Rise/No Impact” statement), which has been approved by Pulaski County Planning. The developer has indicated no sewer is available to the site. Approval from the Arkansas Department of Health has been secured for the proposed septic system for each individual lot. B. EXISTING CONDITIONS: Isbell Lane is a narrow roadway appearing as a drive serving two to three single- family homes. The Arkansas River is located to the north of the site and Two Rivers Park is located to the south of the site. To the west of the site are single- family homes located on large tracts. The tracts appear narrow at the roadway but extend to the river allowing additional acreage. The homes sit on the riverbank and access County Farm Road through single and shared driveways. County Farm Road is a two lane County road with open ditches for drainage. As indicated there is an existing City Park and the County’s Community Garden located south of the site. River Valley Marina is located along the banks of the Little Maumelle River on River Valley Marina Road to the southeast. The site is located within the floodway of the Arkansas River. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners and the River Valley Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Private access is proposed for these lots. In accordance with Section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width for an alley of 30' is required and street width of 18'. A standard 80’ cul-de-sac or tee type turnaround would be required. 2. Plans of all work shall be submitted for approval prior to start of work. Permits may be required for work within the corporate limits. 3. It appears that only a small portion of the plat lies within the Corporate Limits. Show the current corporate limits on the plat. July 21, 2005 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1477 3 4. The plat lies within the Floodway of the Arkansas River. Per Section 36-341(e) of the Little Rock Code, no building or structure shall be allowed within the floodway. A Conditional Letter of Map Revision approval from Public Works and the Federal Emergency Management Agency prior to any final platting. Contact Pulaski County for floodway areas in their jurisdiction. 5. In addition, a special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 6. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. An approval of the Arkansas Department of Health and/or the Arkansas Department of Environmental Quality is required for the addition of a package treatment plant or provide approval of the proposed septic system treatment. Entergy: Approved as submitted. 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Water main extensions will be required in order to provide service to this property. Approval of the City of Little Rock will be required prior to water 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 377-1225 for additional information. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: 1. Provide the Source of Title. 2. Identify all monuments found and set. Provide State Plane Coordinates on at least (2) monuments (AR North Zone, NAD83) 3. Boundary Lines, What is the Basis of Bearing? 4. Note Contour Interval and label contours 5. Indicate all features such as utilities and existing drainage structures July 21, 2005 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1477 4 6. Tract 6 becomes generally unbuildable when building setbacks are applied 7. Provide note concerning minimal lot waste. 8. Provide any existing and proposed Covenants & Restrictions 9. Provide letter verifying Central Arkansas Water service for this development 10. Provide details for sewage disposal and package treatment plant 11. Indicate drainage and flood control measures 12. Provide Certificate of Approval from Pulaski County 13. Due to Floodway issues, the road design (Plan & Profile) drawings will need to be reviewed, even though the road is to be private. 14. Provide a Bill of Assurance for Development 15. Need Sewage Information a. Developer should verify Fire Department service. b. Provide a note concerning the minimum finished floor elevation. c. All residential construction must comply with FEMA regulations. 16. Need letter from the Corp of Engineers for erosion control, for any bank work as well as for any proposed docks prior to approval of preliminary plat. a. Indicate location of proposed package treatment plant. b. General note # 8: c. Explain 100 year Floodway d. Strike “FINAL” replace w/ “PRELIMINARY” e. Strike “NO IMPACT” replace w/ “NO ADVERSE IMPACT” f. A “NO RISE” Certificate will also need to accompany any development. 17. Provide HEC-RAS analysis. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 10, 2005) Mr. James Dreher of Civil Design was present representing the request. Staff stated the applicant was proposing the subdivision of a single parcel into six single-family lots. Staff noted the site was located on the southern bank of the Arkansas River. Staff questioned the applicant’s proposed wastewater collection and treatment. Mr. Dreher stated the applicant was proposing a small diameter collection and treatment system for the development. He stated a portion of the lots would be served by septic systems and questioned if those lots could move forward in the process. Staff stated this would be possible if the area was not included in the plat. July 21, 2005 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1477 5 Public Works comments were addressed. Staff stated proposed Lot 6 appeared to be located in the City limits. Staff stated no construction in the floodway would be allowed within the City’s jurisdiction. Staff requested the applicant remove proposed Lot 6 from the plat area. Staff noted the City would not issue a permit to construct in the floodway. County comments were addressed. Staff stated the proposal was located within the 100-year flood plain and within the floodway. Staff stated prior to construction, a hydraulic study would be required. Staff stated Lot 6 appeared unbuildable and requested the applicant remove the lot from the proposed subdivision. Staff stated wetlands delineation would be required from ADEQ and prior to any clearing, a permit would be required. Staff required the applicant provide a note in the general notes section of the site plan concerning the finished floor elevation for the proposed structures. Staff noted if the area were to flood, it would be ¾ mile to dry land. Mr. Dreher stated if a HEC-RAS analysis was required prior to proceeding forward, this information could not be received by the deadline for returning comments to the City. Mr. Dreher stated he would request a deferral to the April 14, 2005, Public Hearing. 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 drawing and request to staff addressing the issues raised at the February 10, 2005, Subdivision Committee meeting. The applicant has amended his request to include the development of five lots and one tract to be held for future development. The applicant has indicated all the lots indicated for development will contain individual septic systems. The applicant has provided a certificate of approval from the Arkansas Department of Health for the indicated septic systems. Staff has reviewed the indicated lot area and determined the area is not located within the City limits. The entirety of the plat area lies within Pulaski County but is located within the City’s Extraterritorial Planning Jurisdiction. The applicant has also provided a letter from the area volunteer fire department indicating their knowledge of the development and their willingness to serve the development. The applicant has provided Pulaski County with a “No-rise” analysis for the subdivision. The analysis was preformed by FTN Associates, Ltd. The analysis was preformed on June 3, 2005, and the study indicated the proposed development would not create any adverse impact on the Base Flood elevation July 21, 2005 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: S-1477 6 within the floodway in the vicinity of the project. Pulaski County Planning has approved the applicant’s “No-rise” analysis. The applicant has indicated previously proposed Lot 6 for future development. The applicant has indicated prior to construction on the indicated lot City and County approval will be sought and the applicant will update their “No-rise” analysis. Staff is supportive of the applicant’s request. The developer has indicated one variance from the Subdivision Ordinance; a variance to allow the development of lots on a private street. Isbell Lane is private drive and the applicant is proposing an extension of Isbell Lane to serve the new lots. The developer has indicated the roadway will serve as a 30-foot access and utility easement with 18-feet of paving as requested by Public Works staff. The applicant has indicated 1800 linear feet of street will be added to serve the indicated lots as well as provide access to the future development tract. The applicant has indicated the roadway to match the existing roadway. The developer has indicated the street will serve a limited number of homes and the indicated access should be more than adequate to meet the needs of the proposed development. Staff is supportive of the applicant’s request. To staff’s knowledge there are no outstanding issues associated with the proposed request. Staff feels the development should have minimal impact on the adjoining properties. 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. Staff recommends approval of the requested variance to allow the development of lots with a private street. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the applicant’s requested for the development of lots on a private street. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for approval. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 1 FILE NO.: G-23-345 Name: Unnamed Street – Right-of-Way Abandonment Location: Adjacent to 8625 Westwood Avenue Owner/Applicant: Richard Thompson Request: To abandon an undeveloped, unnamed 10-foot by 300-foot street right-of-way. Purpose: To incorporate the area of abandonment into the adjacent single family residential lot (8625 Westwood Avenue). 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. None of the utilities request the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. Public Works maintains no facilities in the existing 10-foot easement. 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 right-of-way area is currently undeveloped and being utilized as single family residential yard space for 8625 Westwood Avenue. D. Development Potential Once abandoned, the right-of-way area will be incorporated into the single family lot immediately to the east (8625 Westwood Avenue). E. Neighborhood and Land Use Effect There are single family residential lots east and west of the right-of-way area. There is undeveloped R-2 zoned property to the south. Staff believes there may be another 10-foot wide strip of right-of-way July 21, 2005 ITEM NO.: 1 (Cont.) FILE NO.: G-23-345 2 immediately west of this right-of-way, which was dedicated out of the lot to the west under a separate deed instrument. Abandoning this right-of-way will have no adverse impact on the general area. F. Neighborhood Position The abutting property owners to the west and south, and the Westwood, Pecan Lake and SWLR United for Progress 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 Wastewater: No objection to abandonment. Entergy: No objection to abandonment. CenterPoint Energy: No objection to abandonment. Southwestern Bell: No objection to abandonment. Water: No objection to abandonment. H. Reversionary Rights All reversionary rights will extend to the adjacent property owner to the east (8625 Westwood Avenue). It appears that the entire 10-foot wide right-of-way was dedicated out of Lot 32, Westwood Addition, according to Special Warranty Deed #105543 recorded June 11, 1947. 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 no objection to the proposed abandonment. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Richard Thompson was present, representing the application. Staff briefly described the proposed right-of-way abandonment, noting that the applicant needed to provide a list of abutting property owners from an abstract company. Staff explained that there were no outstanding issues associated with the abandonment request, noting that all utilities and the fire department approved the abandonment. Mr. Thompson provided the Committee with a brief history of the property. July 21, 2005 ITEM NO.: 1 (Cont.) FILE NO.: G-23-345 3 After the discussion, the Committee forwarded the issue to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the exclusive abandonment of the unnamed 10-foot wide street right-of-way adjacent to 8625 Westwood Avenue. PLANNING COMMISSION ACTION: (JULY 21, 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 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 2 FILE NO.: G-23-346 Name: Walkway Easement/ Right-of-Way Abandonment Location: Adjacent to 6700 Waverly Place Owner/Applicant: Jonathan Wardlaw Request: To abandon a 15-foot wide walkway easement/right-of-way located between Blocks 3 and 4, Hollywood Addition. Purpose: To incorporate the area of abandonment into the adjacent single family residential lots. 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. None of the utilities request the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 2. Public Works maintains no facilities in this undeveloped right-of-way. B. Master Street Plan There are no Master Street Plan issues, as the right-of-way is not classified as a collector street or higher. C. Characteristics of Right-of-Way Terrain The 15-foot wide walkway easement/right-of-way was dedicated in 1949 as a pedestrian access to the Jefferson Elementary School property. The pedestrian walkway was never developed based on the rough terrain between Waverly Place and the school property. D. Development Potential Once abandoned, the area of abandonment will be incorporated into the adjacent single family residential lots to the east and west. July 21, 2005 ITEM NO.: 2 (Cont.) FILE NO.: G-23-346 2 E. Neighborhood and Land Use Effect Single family residences are located on the east and west side of the walkway easement/right-of-way. The Jefferson Elementary School property is located to the north. F. Neighborhood Position The Heights Neighborhood Association was 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 Wastewater: No objection to abandonment. Entergy: No objection to abandonment. CenterPoint Energy: No objection to abandonment. Southwestern Bell: No objection to abandonment. Water: No objection to abandonment. 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 walkway easement/right-of-way will have no adverse effect on the public welfare and safety. The Little Rock Fire Department has no objection to the proposed abandonment. The Little Rock School District has submitted a letter supporting the abandonment request. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) The applicant was not present. Staff briefly described the proposed right-of-way abandonment. Staff noted that the Little Rock School District had submitted a letter of support. Staff explained that there were no outstanding issues associated with the abandonment request, noting that all utilities and the fire department approved the abandonment. July 21, 2005 ITEM NO.: 2 (Cont.) FILE NO.: G-23-346 3 After the brief discussion, the Committee forwarded the issue to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the exclusive abandonment of the 15-foot wide walkway easement/right-of-way located between Lot 9, Block 3 and Lot 1, Block 4, Hollywood Addition. PLANNING COMMISSION ACTION: (JULY 21, 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 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 3 FILE NO.: G-23-347 Name: Spruce Street – Right-of-Way Abandonment Location: Between Blocks 4 and 6, Hillcrest Addition (Between 4723 and 4805 N. Lookout Street) Owner/Applicant: David Spencer and John Riggins Request: To abandon the undeveloped 45-foot wide Spruce Street right-of-way (45 feet by 125 feet) located between Blocks 4 and 6, Hillcrest Addition. Purpose: To incorporate the area of abandonment into the two (2) adjacent single family residential lots to the east and west. 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. None of the utilities request the area of abandonment be retained as a utility easement. The Public Works Comment is as follows: 1. Public Works maintains no facilities in the undeveloped right-of-way. B. Master Street Plan There are no Master Street Plan issues, as the right-of-way is not classified as a collector street or higher. C. Characteristics of Right-of-Way Terrain The area of right-of-way is currently undeveloped and steep. D. Development Potential Once abandoned, the right-of-way area will split equally between the two (2) residential property owners to the east and west. July 21, 2005 ITEM NO.: 3 (Cont.) FILE NO.: G-23-347 2 E. Neighborhood and Land Use Effect Single family residences are located to the east, west and south. Allsopp Park property is located across N. Lookout Street to the north. Abandoning this right-of-way will have no adverse impact on the general area. F. Neighborhood Position The Hillcrest Residents’ Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the proposed amendment. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. Entergy: No objection to abandonment. CenterPoint Energy: No objection to abandonment. Southwestern Bell: No objection to abandonment. Water: No objection to abandonment. H. Reversionary Rights This portion of Spruce Street was dedicated with the original Hillcrest Addition in 1906. Therefore, all reversionary rights will extend to the adjacent property owners to the east and west, within Blocks 4 and 6, Hillcrest Addition. 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 no objection to the abandonment. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) David Spencer was present, representing the application. Staff briefly described the proposed right-of-way abandonment. Staff explained that there were no outstanding issues associated with the abandonment request, noting that all utilities and the fire department approved the abandonment. July 21, 2005 ITEM NO.: 3 (Cont.) FILE NO.: G-23-347 3 After the brief discussion, the Committee forwarded the issue to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the exclusive abandonment of the 45-foot by 125-foot portion of Spruce Street right-of-way located between Lot 1, Block 4 and Lot 6, Block 6, Hillcrest Addition. PLANNING COMMISSION ACTION: (JULY 21, 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 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 4 FILE NO.: G-23-348 Name: Cobb Street – Right-of-Way Abandonment Location: Adjacent to Lot 8, Pine Hill Subdivision Owner/Applicant: Pinnacle Valley Real Estate Consulting/ Arrow Surveying Request: To abandon an undeveloped 25-foot wide portion of Cobb Street right-of-way. Purpose: To incorporate the area of abandonment into the adjacent property to the east for development of a new subdivision. STAFF NOTE: The issue of abandoning this section of Cobb Street right-of-way was addressed by the Planning Commission on July 7, 2005 as part of the Holly Berry Subdivision – Preliminary Plat (S-1491). Therefore, no additional action is necessary by the Commission on this issue. July 21, 2005 ITEM NO.: 5 FILE NO.: G-23-349 Name: Unnamed Street – Right-of-Way Abandonment Location: Adjacent to 11525 Summit Road Owner/Applicant: Pleasant Ridge Development Company, LLLP/ White-Daters and Associates Request: To abandon an undeveloped, unnamed 20-foot by 85-foot street right-of-way. Purpose: To incorporate the area of abandonment into the adjacent property to the north and south for future development. STAFF UPDATE: The applicant has not submitted all of the required paperwork to complete the application process. Therefore, staff recommends the item be deferred to the September 1, 2005 Planning Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 6 FILE NO.: G-23-350 Name: Unnamed Street – Right-of-Way Abandonment Location: Adjacent to 11324 Kanis Road Owner/Applicant: Michael Hendrixson/ White-Daters and Associates Request: To abandon an undeveloped, unnamed 30-foot wide right-of-way between Tracts 58 and 59, West Highland Subdivision. Purpose: To incorporate the area of abandonment into the adjacent property to the east and west for future development. STAFF UPDATE: The applicant has not submitted all of the required paperwork to complete the application process. Therefore, staff recommends the item be deferred to the September 1, 2005 Planning Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 7 FILE NO.: Z-7597-A Owner: Otter Creek Development Co., LLC Applicant: Colliers Dickson Flake Partners, Inc. Location: East side of Stagecoach Road, approximately 1,600 feet north of Otter Creek Parkway Area: 1.94 Acres Request: Rezone from R-2 to O-3 Purpose: Future Office Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Church; zoned R-2 South – Undeveloped property; zoned R-2 East – Undeveloped property/floodway; zoned R-2 West – Single family residences on large lots (across Stagecoach Road); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Stagecoach Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. The centerline as shown on the plans may not be accurate based on scale dimension of 30 feet to back of curb. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to this street including 5-foot sidewalk with planned development. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. July 21, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-7597-A 2 5. Storm water detention ordinance applies to this property. 6. A Special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 7. 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. 8. The mapped floodway and floodplain lines appear to be platted too far west (map scale problem?) and need to be shifted east. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Otter Creek and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for to rezone the property from R-2 (Single Family District) to O-3 (General Office District) for an office development. The proposed development is for an office use and surrounding areas are shown as Office on the Land Use Plan. Since Public Institutional can be office in nature and the adjoining LUP classifications are for Office, a plan amendment is not necessary. Master Street Plan: Stagecoach Road is shown as a Principal Arterial on the Master Street Plan. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exists should be limited to minimize negative effects of traffic and pedestrians on Stagecoach Road. These streets may require dedication of right-of-way and may require street improvements. July 21, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-7597-A 3 Bicycle Plan: A Class II bikeway is shown on Stagecoach Road adjacent to the site. A Class II bikeway is located on the street as either a 5-foot shoulder or 6-foot marked bike lane. Additional paving and right-of-way may be required. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Otter Creek/Crystal Valley Neighborhood Action Plan. The Office and Commercial development goal listed an objective maintaining as much of the existing topography, trees, and green space as possible. Three relevant action statements encourage the use of Planned Zoning Districts for new business developments, encourages intense uses to be located at the peripheral of the study area, and discouraging intense uses at the heart of the study area. The plan defines the heart of the study area as the section of Stagecoach Road roughly between Otter Creek and Baseline Roads and identifies that low intensity uses may be more appropriate for this area. The infrastructure goal’s objective is to “bring existing infrastructure up to city standards and ensure maintenance of that infrastructure, including roadways and drainage systems,” with an action statement indicating that “businesses should be accessed by loop streets as much as possible, and excessive curb cuts must be avoided.” Since this application is only accessible from Stagecoach Road curb cuts should not be excessive. E. STAFF ANALYSIS: Otter Creek Development Company, LLC, owner of the 1.94 Acre property located on the east side of Stagecoach Road (approximately 1,600 feet north of Otter Creek Parkway), 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. The property is undeveloped and partially tree-covered. There is floodplain and floodway, which runs through the east portion of the property. The general area contains a mixture of uses and zoning. There is undeveloped R-2 zoned property (including floodway) to the east and south. Two (2) church developments and undeveloped office zoned property are located to the north. Single family residences on large lots are located across Stagecoach Road to the west. A multifamily July 21, 2005 ITEM NO.: 7 (Cont.) FILE NO.: Z-7597-A 4 development and additional single family residences are located to the northwest. A mixture of commercial uses is located to the southwest at the Stagecoach/Otter Creek Parkway intersection. The City’s Future Land Use Plan designates this property as Public Institutional. 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 future office development of the property will continue the pattern of public institutional uses along the east side of Stagecoach Road, north of Otter Creek Parkway. Staff believes the requested O-3 zoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (JULY 21, 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 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 8 FILE NO.: LU05-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: South side of Cantrell Road at Norton Road Request: Single Family to Commercial Source: Troy D. Laha PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family to Commercial. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning to C-3 (General Commercial District) for future development. Staff is not expanding the application since the Land Use Plan in this area has been reviewed several times within the past year. EXISTING LAND USE AND ZONING: The application area is partly developed with four single-family homes on large lots, currently zoned R-2 (Single Family District), and twelve acres ± in size. Between Cantrell Road and part of the proposed area for change several parcels of land zoned R-2 and developed with three single-family homes. Northeast of the application is land zoned PDO (Planned Development Office) recently developed with a Kids Academy daycare/learning center; a PCD (Planned Commercial Development) developed with an auto sales lot/collision center in a small building; R-2 land developed with a single family home; and Multiple PCDs developed with La Palupa Mexican Restaurant, Action Window Coverings, a foreign auto repair service, a drapery shop, and First Financial Computer Services; and additional undeveloped O-3 land. North of the site, Valley Ranch Drive intersects Cantrell Road. The west side of Valley Ranch Drive is undeveloped and zoned O-1 (Quiet Office District) and the east side is zoned O- 3 (General Office District), mostly undeveloped, with the exception of one office building. Immediately east of the application area are lands zoned R-2 with homes on large lots. About a quarter mile southeast of the application is undeveloped land zoned MF-12 (Multifamily District) that is undeveloped. Immediately south and southwest of the application is land zoned R-2 and developed with the Aberdeen Court subdivision consisting of single-family homes on suburban lots. Immediately to the west is the Maywood Manor Subdivision developed with single-family homes on large lots. Further west are large tracts of land zoned R-2 and partly developed with single-family homes on July 21, 2005 ITEM NO.: 8 (Cont.) FILE NO.: LU05-19-02 2 large lots. Northwest of the property is land zoned R-2 developed by a single home on a large lot, and Little Rock Christian Academy. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 5, 2005 a multiple changes were made within a one-mile radius of the property. Land less than a quarter mile west of the property and on the north and south sides of Cantrell Road was changed to Public Institutional to represent existing institutional uses. Approximately a half-mile west of the site along Chenal Parkway near Northfield Drive (Chalamont Drive) and Cantrell Road, changes were made to Commercial, and Suburban Office to recognize adjacent land uses along Cantrell. About a mile west of the site changes were made to Low Density Residential, Single Family and Suburban Office for future development. Less than one half mile east of the site at Ranch Boulevard on the north side of Cantrell Road changes were made to Commercial and Public Institutional to reflect existing conditions. On February 17, 2004 five parcels of land were changed in the area of Chenal Parkway, and Highway 300 approximately one half to one mile northwest of the application. This eliminated land shown as Single Family and added land shown as Office, Commercial, Open Space, and Multifamily west of the property in question. The reasons for this change were to accommodate future development to create an orderly transition of use intensities between the Commercial and Single Family areas. On January 2, 2002 three changes were made to the Land Use Plan at three locations in the area approximately three quarter miles west of the application. All changes resulted in the loss of Single Family and resulted in the addition of Commercial north and east of Northfield Drive (Chalamont Drive) and Chenal Parkway, Suburban Office south and east of Northfield Drive (Chalamont Drive) and Chenal Parkway including the first transmission line easement, and Park/Open Space for the remainder of the land south and east of Northfield Drive (Chalamont Drive) between Chenal Parkway and Aberdeen Subdivision. On March 6, 2001 a change was made from Single Family to Commercial approximately one half mile west of the application expanding an existing Commercial area just east of the Chenal Parkway and Cantrell Road intersection to accommodate future commercial development southwest of the application. The property is shown as Single Family on the Plan. Surrounding this property is shown as Single family on the south, east, west, and part of the northern sides. North of the application on the north side of Cantrell Road is shown as Suburban Office and Office. Further to the northeast is shown as an Existing Business Node, which is separated from the application by a Single Family area. This existing Business node straddles both sides of Cantrell Road east of the application. July 21, 2005 ITEM NO.: 8 (Cont.) FILE NO.: LU05-19-02 3 MASTER STREET PLAN: Norton Road is shown as a Local Street on the Plan. The primary function of a Local Street is to provide access to adjacent properties. Cantrell Road is shown as a Principal Arterial and is built as a five-lane road adjacent to the property. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Additional commercial and office uses at this site could result in added congestion on this section of Cantrell Road. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class II bikeway is shown on Cantrell Road from Chenonceau Boulevard to the Chenal Parkway. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right of way may be required. PARKS: This application is in the West Little Rock Park Planning District. The Master Parks Plan identifies a lack of public parks in the west Little Rock area and recognizes private neighborhood parks and recreation facilities as parkland in the west Little Rock area. The largest park in this area is Taylor Loop Park, which is a thirty-five acre community park that is undeveloped and approximately three miles west of the site. Since this application is adjacent to the Little Rock Christian Academy and near several property owner association parks, the recreation activities are available in the area and does not categorize it as being in a service deficit area. The Parks and Recreation Master Plan does not indicate any new proposed public parks for the area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. July 21, 2005 ITEM NO.: 8 (Cont.) FILE NO.: LU05-19-02 4 ANALYSIS: The land use plan in this area was reviewed in late 2004 / early 2005 as part of the Highway 10 Land Use Plan Review which resulted in 18 amendments to the Land Use Plan along Cantrell Road between Morgan Cemetery Road and Black Street. In the immediate area of the application no changes were made to the single-family area because staff felt that Single Family development was appropriate for this location. Single Family development at this location would be in character with neighboring single-family development and new single-family development that has occurred in the area. New single-family development in the area is Cheveaux Court, Montagne Court, and Valley Falls Estates, and several recent small subdivisions to the east. South of the property is Aberdeen Court, which was constructed in the late 1990’s and to the west is Maywood Manor. This has shown a desire for single-family growth along the south of Cantrell Road. At the time of the review Staff felt it was appropriate that the area remain Single Family to reflect the close proximity of two adjacent residential subdivisions. Currently this site is located in a rural area along Cantrell Road in a county island completely surrounded by the city of Little Rock. Before the arrival of the nearby city limits, properties northeast of this area developed with small commercial buildings in a pattern consistent with the once rural highway. When the land was added to the city’s Extraterritorial Land Use and Zoning area, these once rural uses were shown as an Existing Business Node intending to recognize that there was a significant concentration of commercial business at the location. These uses generally are not in compliance with the Highway 10 Overlay District requirements and have various setbacks and building styles that make it unique to the area. A Planned Office Development for a “Kids Place” Daycare has been recently developed between this property and the Existing Business Node. This light office use could provide a transition from the Existing Business Node and the Single Family area. To the east of the property is Patrick Country Road which represents a border between the Existing Business Node and a large Commercial area know as the “The Ranch” development which represents a large commercial and office area. This has established the Ranch area as a major Commercial Node in the area. Currently parts of the Commercial area remain undeveloped. West of the application is another Commercial Node at the intersection of Chenal Parkway and Cantrell Road. This Commercial area represents approximately 100 acres of land shown and is just under half developed. Recent development of a Wal-Mart Supercenter may serve as a catalyst for additional Commercial development at the Chenal Parkway / Cantrell Road Commercial Node. July 21, 2005 ITEM NO.: 8 (Cont.) FILE NO.: LU05-19-02 5 Both of the previously mentioned Commercial Nodes are located at the intersections of Arterials. Typically staff feels that locations of intense uses should be located at intersections to prevent strip development patterns and to minimize negative effects on arterials. This change to Commercial could allow for high intensity Commercial use in between two large commercial nodes. Already in the area some commercial businesses exist in the existing business node. All of these businesses are zoned through the Planned Zoning District, which results in more control in use and design. The addition of a Commercial area west of this area could allow for straight zoning in the area resulting in undesirable development along Cantrell Road and adjacent to two single-family subdivisions. Since both of the nearby Commercial Nodes have not developed completely any addition of Commercial to the area could be considered premature. This change would also add to strip commercial development along Cantrell Road through this section. Addition of Commercial at this location would introduce the potential of non- residential activities adjacent to new, potential, and established residential areas. Since new subdivisions have been platted and constructed in recent years, and the future plan has indicated Single Family development for that property, the change may have a negative impact on the surrounding area. Southeast of the site is undeveloped land shown as Multifamily that is intended to provide the buffer from Commercial and Suburban Office areas located at Chenonceau Boulevard. This Commercial addition would result in adjacent land uses with no buffer between. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Hillsborough Property Owners Association, Du Quesne Place P.O.A., Chenal Ridge Property, St. Charles Community Association, Johnson Ranch Neighborhood Association, Maywood Manor Neighborhood Association, Aberdeen Court Property Owners Association, Hunters Cove Property Owners Association, Carriage Creek Property Owners Association, Bayonne Place Property Owners Association, Eagle Pointe Property Owners Association, Glen Eagles Property Owners Association, Hunters Green Property Owners Association, Margeaux Place Property Owners Association, Pinnacle Neighborhood Association, and the River Valley Property Owners Association. Staff has received comments from the Aberdeen Court Property Owners’ Association, which is adjacent to the application area. The property owners association represents Aberdeen Court’s 198 homeowners and opposes this change. July 21, 2005 ITEM NO.: 8 (Cont.) FILE NO.: LU05-19-02 6 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate because it would result in commercial in close proximity to residential subdivisions, could lead to strip commercial development along Cantrell Road, an adequate Commercial space is located at two commercial nodes east and west of the site. PLANNING COMMISSION ACTION: (JULY 21, 2005) The Item was placed on consent agenda for deferral to September 1, 2005. By a vote of 11 yes and 0 no the consent agenda was approved. July 21, 2005 ITEM NO.: 8.1 FILE NO.: Z-7880 Owner: Paul and Mary Debusk, William and Ruth Eldridge, Mark and Kimberly Allen, David and Sonya McFatrich Applicant: Troy D. Laha Location: 6, 12, 14 and 17 Norton Road Area: 11.7 Acres Request: Rezone from R-2 to C-3 Purpose: Future Commercial Development Existing Use: Single Family Residential (4 residences) SURROUNDING LAND USE AND ZONING North – Mixed uses and undeveloped property; zoned O-1, O-3, PCD and R-2 South – Single family residences; zoned R-2 East – Single family residences and mixed commercial uses along Cantrell Road, zoned R-2, PD-O and PCD West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 3. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. July 21, 2005 ITEM NO.: 8.1 (Cont.) FILE NO.: Z-7880 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #25 (Highway 10 Express Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Maywood Manor and Aberdeen Court Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a zoning change from R-2 (Single Family District) to C-3 (General Commercial District) for speculative zoning. A land use plan amendment for a change to Commercial is a separate item on this agenda (LU05-19-02). Master Street Plan: Norton Road is shown as a Local Street on the Plan. The primary function of a Local Street is to provide access to adjacent properties. Cantrell Road is shown as a Principal Arterial and is built as a five-lane road adjacent to the property. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exists should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Additional commercial and office uses at this site could result in added congestion on this section of Cantrell Road. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II bikeway is shown on Cantrell Road from Chenonceau Boulevard to the Chenal Parkway. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right-of-way may be required. July 21, 2005 ITEM NO.: 8.1 (Cont.) FILE NO.: Z-7880 3 City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: The Debusk, Eldridge, Allen and McFatrich families, owners of the 11.7 Acres of property located at 6, 12, 14 and 17 Norton Road, are requesting to rezone the property from “R-2” Single Family Residential to “C-3” General Commercial District. The rezoning is proposed for future commercial development of the property. There are currently four (4) single family residences located within the boundary of the 11.7 Acre property. A portion of the property at the southwest corner of Cantrell Road and Norton Road is undeveloped. There are existing single family residential neighborhoods located immediately west and south of the property. There are single family residences on large lots located to the east. A day care center and restaurant are located to the east, along the south side of Cantrell Road. There is a mixture of commercial uses and undeveloped office zoned property to the north and northeast, along the north side of Cantrell Road. The City’s Future Land Use Plan designates this property as Single Family. A proposed Land Use Plan Amendment (LU05-19-02) for a change to commercial is a separate item on this agenda (Item 8). Staff is not supportive of the requested C-3 zoning nor the Land Use Plan Amendment to Commercial. Staff believes the rezoning of this property to C-3 is inappropriate. Staff has concerns with locating C-3 zoned property over 1,000 feet back from Cantrell Road and adjacent to single family residences on three (3) sides (east, west and south). The property is currently divided into four (4) tracts. The rear three (3) tracts (12, 14 and 17 Norton Road) are located over 300 feet back from Cantrell Road, and therefore would not have to conform to the Highway 10 Design Overlay Standards, including increased buffers and building setbacks, if developed separately. There are existing major commercial nodes to the east and west of this site, at the intersection of Cantrell Road and Chenal Parkway, and in the Ranch development. There are large areas of commercial zoning within these commercial nodes which are currently undeveloped. Therefore, staff views the addition of commercial zoning to the overall area as premature. Staff believes the requested C-3 zoning would have a July 21, 2005 ITEM NO.: 8.1 (Cont.) FILE NO.: Z-7880 4 negative impact on and not be compatible with the existing single family neighborhoods to the east, west and south. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JULY 21, 2005) Staff informed the Commission that the applicant requested the application be deferred to the September 1, 2005 Agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The item was placed on the Consent Agenda and deferred. The vote was 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 9 FILE NO.: Z-7883 Owner: City of Little Rock/Little Rock Port Authority Applicant: Tyrrell Brooks Location: North side of Lindsey Road, east of Fourche Dam Pike Area: 3.89 Acres Request: Rezone from I-2 to I-3 Purpose: Enclosed facility for recycling used restaurant grease Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Railroad right-of-way and undeveloped property; zoned I-2 South – Mixed industrial uses (across Lindsey Road); zoned I-3 East – Railroad right-of-way and mixed industrial uses; zoned I-2 West – Two (2) convenience stores and mixed industrial uses; zoned C-3 and I-2 A. PUBLIC WORKS COMMENTS: 1. Lindsey Road is classified on the Master Street Plan as a collector street. The existing right-of-way meets standards. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #20 (College Station Route) runs along Fourche Dam Pike to the west. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Hermitage Property Owners Association were notified of the public hearing. July 21, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7883 2 D. LAND USE ELEMENT: This request is located in the Port Planning District. The Land Use Plan shows Industrial for this property. The applicant has applied for a zoning change from I-2 (Light Industrial District) to I-3 (Heavy Industrial District) for future development. The request does not require a change to the Land Use Plan. Master Street Plan: Lindsey Road is shown as a Collector on the Master Street Plan. A Collector street’s primary purpose is to link Local Streets and activity centers to Arterials. Collectors adjacent to industrially zoned property may require a larger right-of-way and increased street width. Lindsey Road may require dedication of right-of-way and may require street improvements. Bicycle Plan: A Class II bikeway is shown on Lindsey Road. A Class II bikeway is a route designated for the sole use of bicycles but is physically connected to the roadway. Additional paving and right-of-way may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: The City of Little Rock/Little Rock Port Authority, owner of the 3.89 Acre property located on the north side of Lindsey Road, approximately 500 feet east of Fourche Dam Pike, is requesting to rezone the property from “I-2” Light Industrial District to “I-3” Industrial District. The rezoning is proposed in order to develop an enclosed facility for recycling used restaurant grease (Brooks Grease Service, Inc.). As a condition of the rezoning, the applicant is proposing to eliminate certain uses from the list of I-3 permitted uses. The uses which are to be eliminated from the I-3 permitted use list are as follows: • Bulk storage of highly flammable and/or hazardous materials • Junk or salvage yard • Sand, gravel or earth sales and storage • Recycling facility, outside • Sanitary landfill July 21, 2005 ITEM NO.: 9 (Cont.) FILE NO.: Z-7883 3 The property is currently undeveloped and grass-covered. There is railroad right-of-way along the north and east property lines. The general area contains a mixture of industrial and commercial uses. There is undeveloped I-2 zoned property to north along Interstate 440. There is a mixture of industrial uses and undeveloped I-3 zoned property to the south across Lindsey Road. There is also a mixture of industrial uses to the east along Lindsey Road. There are two (2) convenience stores to the west, at the intersection of Lindsey Road and Fourche Dam Pike, with industrial uses further west. The City’s Future Land Use Plan designates this property as Industrial. The requested zoning change to I-3 does not require a change to the Land Use Plan. Staff is supportive of the requested I-3 zoning, with condition. Staff’s only initial concern with the proposed rezoning was the possibility of having very intense industrial uses within this area of transition from the heavy industrial uses to the south and the I-440/Fourche Dam Pike interchange. Staff feels the applicant has addressed this concern by eliminating the most intense industrial uses from the I-3 permitted use list, as noted above. Staff believes the requested I-3 zoning, with condition, and the proposed enclosed grease recycling facility will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-3 rezoning, subject to the following uses being eliminated from the permitted use list for the property: • Bulk storage of highly flammable and/or hazardous materials • Junk or salvage yard • Sand, gravel or earth sales and storage • Recycling facility, outside • Sanitary landfill PLANNING COMMISSION ACTION: (JULY 21, 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 11 ayes and 0 nays. July 21, 2005 ITEM NO.: 10 FILE NO.: Z-5224-J NAME: Moonlight Fireworks – Conditional Use Permit LOCATION: 7807 Highway 300 OWNER/APPLICANT: Charles Terry and Elizabeth Saugey/Stan Wilhite PROPOSAL: A conditional use permit is requested to allow a fireworks stand as a temporary seasonal use on this 1.28-acre tract. The property was rezoned from C-1 to PCD in early 2003. The applicant has indicated a desire to revoke the PCD, to restore the previous C-1 zoning. STAFF REPORT: The applicant failed to respond to issues raised at the June 30, 2005 Subdivision Committee meeting. Staff recommends that the item be deferred to the September 1, 2005 Commission Agenda. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff presented the item and recommended that the item be deferred to the September 1, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred by a vote of 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 11 FILE NO.: Z-6490-A NAME: Tires for Less – Conditional Use Permit LOCATION: 7304-7312 Colonel Glenn Road OWNER/APPLICANT: Alan Fureigh PROPOSAL: A conditional use permit is requested to allow tire and wheel sales and installation (auto parts sales with limited motor vehicle parts installation) on this C-3 zoned tract; utilizing the existing building. 1. SITE LOCATION: The site is located on the north side of Colonel Glenn Road, just west of its intersection with 40th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located along Colonel Glenn Road in an area of mixed zoning and uses. Multiple non-residential uses are located along Colonel Glenn, including a post office, school, auto sales, restaurants and retail sales. Staff believes the proposed use is compatible with uses and zoning in this 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 and Westwood Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: As a general retail use (sales only of tires and wheels), this 3,100 square foot building would require 10 on-site parking spaces. As an automotive service related business (installation of the tires and wheels), the parking requirement jumps to 17 spaces. Since the use is limited specifically only to the sales and installation of tires and wheels, staff believes it is appropriate to utilize the retail parking requirement. The site currently has a paved parking lot in front of the building, taking access off of a one-way driveway off of Colonel Glenn Road and exiting onto 40th Street. There is parking available for about 8 vehicles plus one in the building using the garage door. Additional space is available behind the building but will have to be paved and landscaped, if needed for parking. July 21, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-6490-A 2 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: 1. No comments on change in use of existing building. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: According to Central Arkansas Water (CAW) records there is an existing reduced pressure zone backflow preventer assembly (RPZA) on the domestic service to the site. CAW requires that 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 performed annually and sent to CAW’s Cross Connection Section. At the present time testing of the RPZA is overdue. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Alan Fureigh was present representing the application. Staff described the proposed conditional use permit, noting that some additional information pertaining to the proposed use needed to be submitted to staff. Staff noted that July 21, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-6490-A 3 details related to signage, hours, employees, dumpster and parking needed to be provided. Staff made the applicant aware of the Central Arkansas Water requirement for backflow prevention. Mr. Fureigh indicated that the required information would be provided to staff. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The C-3 zoned property at 7304-7312 Colonel Glenn Road is currently occupied by a one-story, brick and frame commercial building and a paved parking lot. The building was formerly occupied by Sturbridge Cleaners and is now occupied by Tires for Less. This business sells automobile tires and wheels, a permitted use under C-3 zoning. The applicant is requesting approval of a conditional use permit to allow for installation of the tires and wheels which the business sells. Store hours are proposed to be Monday through Saturday, 9:00 a.m. to 5:00 p.m. The business has one employee (plus the owner?). Signage consists of an awning sign on the building and a potential ground-mounted sign on the Colonel Glenn frontage, which will comply with ordinance standards for commercial districts. There is no dumpster proposed on the site. There is parking available for 8 vehicles plus space in the building utilizing the garage door on the east side of the building. The site is not covered by a bill of assurance. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. Staff is supportive of the proposed use. All activities must take place within the enclosed building. There is to be no outside storage of tires, materials or merchandise. The area to the west of the building which is shown as potential parking must be paved, landscaped and screened to comply with ordinance standards if it is used for vehicle parking. To staff’s knowledge, there are no other 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 Section 6 of the agenda staff report. 2. All activities must take place only within the enclosed building. 3. There is to be no outside storage of tires, merchandise or materials. 4. There is to be no parking of vehicles on the abutting streets. July 21, 2005 ITEM NO.: 11 (Cont.) FILE NO.: Z-6490-A 4 5. There is to be no vehicular use of the area to the west of the building without paving, landscaping and screening that area to comply with ordinance standards. Staff recommends approval of a parking variance to allow a reduction in the number of parking spaces. PLANNING COMMISSION ACTION: (JULY 21, 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 additional discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 12 FILE NO.: Z-7868 NAME: Givens Beauty Salon – Conditional Use Permit LOCATION: 8501 Geyer Springs Road OWNER/APPLICANT: Marna Givens PROPOSAL: A conditional use permit is requested to allow a beauty salon in the existing building on this O-3 zoned lot. 1. SITE LOCATION: The site is located at the southeast corner of Geyer Springs Road and Carlyle Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located on a section of Geyer Springs Road which is characterized by a variety of nonresidential zoning and uses. Various office uses are located to the north and south. A commercial strip center and restaurant are located across Geyer Springs, to the west. Single- family residences are located adjacent to the east. The applicant proposes no changes to the exterior of the site. A six-foot tall, wood, privacy fence is located on the east perimeter of this site, where adjacent to the residential property. Allowing this proposed use change should not affect the site’s 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 SWLR United for Progress, Windamere and Cloverdale Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The structure contains 1,682 square feet. An insurance office will continue to occupy 262 square feet and the proposed beauty salon is to occupy the remaining 1,420 square feet. The two uses combined require 8 on-site parking spaces. This site is paved virtually from property line to property line. There appears to be room on the site to accommodate 10-12 vehicles. The site has one driveway onto Geyer Springs and two driveways onto Carlyle. The applicant proposes no changes to the driveway or parking. July 21, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7868 2 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: 1. No comment regarding change of use of existing structure. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. 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: (JUNE 30, 2005) Marna Givens and John Raines were present, representing the application. Staff described the proposed conditional use permit, noting that some additional information needed to be provided to staff. Staff noted that information relating to July 21, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7868 3 building area, signage, employees and hours needed to be provided. Staff also noted that existing/proposed parking, drives, fencing and dumpster area needed to be shown on the site plan. Staff made the applicant aware of the Central Arkansas Water requirement for backflow prevention. Ms. Givens indicated that the requested information would be provided to staff. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The O-3 zoned property located at 8501 Geyer Springs Road is occupied by a 1,682 square foot structure and a paved parking lot. The structure was built as a residence but was converted to an office use prior to the area’s annexation into the City. The parking area was also developed prior to annexation. The applicant is requesting approval of a conditional use permit to allow a beauty salon to occupy 1,420 square feet of the structure. An insurance office will continue to occupy the remaining 226 square feet. The beauty salon is to have 4 employees and is to operate Tuesday through Saturday, 8:00 a.m. to 8:00 p.m. There are two existing ground-mounted signs on the property; each is 6 feet in height and approximately 24 square feet in area. The insurance company uses one and the second will be used by the beauty salon. Wall signage is permitted on the north and west facades. The trash cans are proposed to be located directly behind and adjacent to the building. No dumpster is proposed. Fencing consists of a chain-link fence on the south perimeter and a 6-foot tall, wood, privacy fence on the east perimeter. All driveways and parking areas are existing and no changes are proposed. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. The 1965 Bill of Assurance for Windamere Subdivision appears to still be in effect and includes this statement: “No lot shall be used except for residential purposes.” Limiting the number of employees to 4 will address potential concerns about parking. The likely busiest day for the beauty salon will be Saturday when the insurance office will not be open; freeing up all of the parking on the site. To staff’s knowledge, there are no other issues. Staff is supportive of the proposal to use a portion of this existing building for a beauty salon. July 21, 2005 ITEM NO.: 12 (Cont.) FILE NO.: Z-7868 4 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 Section 6 of the agenda staff report. 2. All parking must take place on the site; there is to be no parking on Carlyle Street or any other street in the residential neighborhood. 3. The wood privacy fence on the east perimeter is to be maintained in good condition. PLANNING COMMISSION ACTION: (JULY 21, 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 additional discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 13 FILE NO.: Z-7881 NAME: Butler Accessory Dwelling – Conditional Use Permit LOCATION: 417 East 10th Street OWNER/APPLICANT: Richard Butler/John Jarrard PROPOSAL: A conditional use permit is requested to allow for construction of a new accessory dwelling on this R-4A zoned lot. 1. SITE LOCATION: The property is located on the south side of East 10th Street, between Rock and Commerce Streets; one-half block west of MacArthur Park. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed residential zoning and density. Single family homes are located to the east and west. The PRD at the south end of this block was for an accessory dwelling. The PRD was necessary under the prior Central Little Rock Urban Renewal Zoning. Three apartment developments are located in the block to the north as well as to the northwest, at 10th and Rock. A high-rise multifamily development is located one block to the south. MacArthur Park is located to the east. The proposed use is 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 MacArthur Park and Downtown Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The existing single family residence and proposed accessory dwelling each require one on-site parking space. The accessory dwelling will have a one-car garage in the lower level. A one-car, paved parking pad will also be constructed just north of the new structure. Both parking spaces will be accessed off of the alley. 4. SCREENING AND BUFFERS: No comments. July 21, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7881 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: 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 west of this site on Cumberland Street and south of the site on East 11th Street. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Richard Butler and John Jarrard were present, representing the application. Staff described the proposed conditional use permit, noting the Little Rock Historic District Commission approved the requested accessory dwelling in October, 2004. Staff noted that parking needed to be provided for each dwelling and asked if separate utilities would be requested. Mr. Butler noted that parking would be provided and noted on a revised site plan. He also noted that separate utilities would not be requested. Staff explained that a minor variance for increased rear yard coverage had been requested. Mr. Butler briefly described the history of the property. There being no further issues for discussion, the Committee forwarded the application to the full Commission for final action. July 21, 2005 ITEM NO.: 13 (Cont.) FILE NO.: Z-7881 3 STAFF ANALYSIS: The R-4A zoned property located at 417 East 10th Street is currently occupied by an historic, one-story, single-family residence. The structure was built prior to the Civil War. The applicant proposes to construct a two-story accessory building at the rear of the property that would provide a hobby room and one car garage on the first floor and an accessory dwelling (guest quarters) on the second floor. The accessory dwelling will contain one bedroom, one bathroom and a kitchen-living room. The applicant states it is his desire to provide space for visiting family and friends. Since the guest quarters contain all the elements of a dwelling, a conditional use permit is requested. The structure will be designed to complement the style of the existing, historic residence. On October 7, 2004, the Historic District Commission approved the design and construction of the structure. The frame structure will be constructed with vertical board and batten siding. The hip-roof will have dormers and a single window on the north, west and south sides. Access to the garage will be off of the alley. An additional parking space will be constructed adjacent to the accessory structure; providing a total of 2 on-site parking spaces. No separate utilities are requested. The rear yard area will be enclosed by a 6 foot tall fence. The new structure covers 35% of the required rear yard area; slightly exceeding the allowable coverage limit of 30%. Staff is supportive of the requested C.U.P. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. The property is located in the Original City of Little Rock and there is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with any Little Rock Historic District Commission requirements. Staff recommends approval of a variance to allow a rear yard coverage of 35%. PLANNING COMMISSION ACTION: (JULY 21, 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 additional discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 14 FILE NO.: Z-7882 NAME: Torres Accessory Dwelling – Conditional Use Permit LOCATION: 7911 Hillsboro Road OWNER/APPLICANT: Josefina Torres PROPOSAL: A conditional use permit is requested to allow an accessory dwelling on this R-2 zoned 4.23 acre tract. A new home is to be built on the site and the existing residence will become the accessory dwelling. 1. SITE LOCATION: The property is located on the south side of Hillsboro Road, 900± feet west of Chicot Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located near the southern edge of the city limits in an area that is fairly rural in nature. The property to the north is wooded and undeveloped. Single family homes, in a variety of styles from single wide mobile homes to older site built homes, are located to the east. A single family residence on a 10 acre tract is located to the west. Allowing a second home on this 4.23 acre tract is compatible with the majority of single family density existing along Hillsboro. The applicant has stated the accessory dwelling will be occupied by family members. 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, Oxford Valley and Deer Meadow Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling each require one, on-site parking space. The existing house currently has parking and is accessed by a driveway off of Hillsboro. The new residence will have a two-car garage and a separate driveway, also off of Hillsboro. The site is large enough to accommodate additional parking spaces; if needed. July 21, 2005 ITEM NO.: 14 (Cont.) FILE NO.: Z-7882 2 4. SCREENING AND BUFFERS: No comments. 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: 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: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Josefina Torres was present, representing the application. Staff briefly described the proposed conditional use permit. Staff noted that information relating to building area and design needed to be provided. In response to a question from staff, Ms. Torres stated that separate utilities would not be requested unless specifically required by the City. Staff explained that a minor variance for reduced front setback for the accessory dwelling was requested as part of the conditional use permit application. After the discussion, the Committee forwarded the application to the full Commission for final action. July 21, 2005 ITEM NO.: 14 (Cont.) FILE NO.: Z-7882 3 STAFF ANALYSIS: The R-2 zoned, 4.23± acre tract at 7911 Hillsboro Road is currently occupied by a small, one-story, frame, single-family residence and a detached, frame accessory building. The applicant proposes to construct a new residence on the property and to convert the existing home into an accessory dwelling which would be occupied by family members. The detached accessory building will be either removed or remodeled. The existing residence is approximately 967.75± square feet in area. The new, two-story residence will have a total of 3,729 square feet and will have a stucco finish. The new home will be located on the west half of the tract and will have a front yard setback of 100 feet. The existing home has a front yard setback of 40 feet. Accessory buildings are required to have a front yard setback of 60 feet. Although nothing changes about the existing residence, a front yard variance is necessary since it will be classified as an accessory dwelling and the front yard setback requirement will change. Staff is supportive of the requested C.U.P. It is a reasonable request to allow an accessory dwelling on this 4.23 acre tract. The accessory dwelling is to be occupied by family members. The property owner will occupy the new residence. There is more than sufficient area on the property for parking. The property is not covered by a bill of assurance. The applicant is requesting separate utilities which appear reasonable due to the separation between the structures. 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 Section 6 of the agenda staff report. 2. The property owner must occupy one of the dwellings as her principal residence. 3. The accessory dwelling is to be occupied only by family members (proposed by the applicant). Staff recommends approval of the request to have separate utilities. Staff recommends approval of a setback variance for the accessory dwelling (existing). July 21, 2005 ITEM NO.: 14 (Cont.) FILE NO.: Z-7882 4 PLANNING COMMISSION ACTION: (JULY 21, 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 additional discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 15 FILE NO.: Z-7884 NAME: First Assembly of God Outreach Center – Conditional Use Permit LOCATION: 2914 Cumberland Street OWNER/APPLICANT: First Assembly of God North Little Rock/ J. C. Jay Martin PROPOSAL: A conditional use permit is requested to allow for expansion of the existing church outreach center on this R-4 zoned property. 1. SITE LOCATION: The site is located on the west side of Cumberland Street, south of East 29th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located at the southern fringe of the South Little Rock Neighborhood. The blocks south of 29th Street west of this site are characterized by a scattering of single-family residences, vacant lots and boarded structures. Housing Authority developments are located to the east and to the north, across 29th Street. Industrial uses are located just to the south, at the end of Cumberland. Other uses in the overall area include a Head Start Center, a neighborhood convenience store and several churches. Allowing the proposed expansion to this existing church operated facility should not affect the facility’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 Meadowbrook and Community Outreach Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has 5 parking spaces and a single driveway onto Cumberland Street. A second driveway and an additional 4 parking spaces are proposed. The facility is designed to provide services for the immediate neighborhood and staff believes the parking will be adequate. There is ample on-street parking also available in the area; if needed on occasion. July 21, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7884 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. The width of the proposed on-site street buffer along Cumberland Street is less than the 6 feet 9-inch minimum allowed by the Zoning Ordinance. Areas set aside for landscaping meet with Landscape Ordinance minimum requirements. A six-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings is required along the sites northern, southern and western perimeters. These requirements take into account the reductions allowed within the designated mature area of the city. 5. PUBLIC WORKS COMMENTS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan as indicated on the plans. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. As indicated, all driveways are to be concrete aprons. 3. Stormwater detention ordinance applies to this property. The project would qualify for a contribution in-lieu of construction at the time of the building permit. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/.or additional water meter(s) are required. July 21, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7884 3 Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA Bus Route is located to the west of this site, at 29th and Main Streets. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Jay Martin and Bill Darby were present, representing the application. Staff described the proposed conditional use permit. Staff noted that additional information relating to building design, building capacity, signage and lighting needed to be provided. Staff also noted that any dumpster/trash pick-up area with screening needed to be shown on the site plan. The proposed new driveway from Cumberland Street was briefly discussed. Mike Hood, of Public Works, noted that the driveway width as shown on the proposed plan would be acceptable. Mr. Hood also explained that additional sidewalk construction would be required. The landscape/buffer issues were briefly discussed. Bob Brown, of the Planning Staff, noted the new driveway and parking conformed to the ordinance buffer requirements. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The First Assembly of God Outreach Center is located on the R-4 zoned property at 2914 Cumberland Street. The Center consists of a single, one-story, 2,400 square foot building and a paved, 5-space parking lot. The applicant proposes to expand the building with a 1,600 square foot addition and to add 4 more paved parking spaces. The use of the property will not change. The Center is operated by the First Assembly of God, North Little Rock, for the use and benefit of the surrounding neighborhood residents. Most programs are directed at the neighborhood’s young people but some activities serve neighbors of all ages. Programs include mentoring, youth and children activities, meals, neighborhood visits and clean-ups, bible studies and food, clothing and school supplies give-a-ways. July 21, 2005 ITEM NO.: 15 (Cont.) FILE NO.: Z-7884 4 On July 5, 2005, the applicant responded to questions raised at Subdivision Committee. Signage is to consist of the existing wall sign only. Lighting consists of a motion sensor light on the front of the building and street lights. Maximum capacity in the building is about 100 persons. Landscape areas for the new parking lot exceed ordinance standards. Staff is supportive of the proposed expansion. The Center provides needed service to residents of this neighborhood. Staff believes the facility is compatible with uses in the neighborhood. Although the site will have only 9 parking spaces, most persons who attend the facility will be walking from the surrounding neighborhood. There is also ample on-street parking available in the immediate vicinity. STAFF RECOMMENDATION: Staff recommends approval of the application subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 21, 2005) The applicants were not present. There were no objectors present. Staff informed the Commission that the applicants had failed to comply with the notice requirement and the item needed to be deferred. The item was placed on the Consent Agenda and approved for deferral to the September 1, 2005 Agenda by a vote of 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 16 FILE NO.: Z-7885 NAME: Suds Car Wash – Conditional Use Permit LOCATION: 8001 Geyer Springs Road OWNER/APPLICANT: Coulson Oil Group/The Holloway Firm PROPOSAL: A conditional use permit is requested to allow for construction of a new car wash facility on this C-3 zoned tract. 1. SITE LOCATION: The property is located on the southeast corner of the Geyer Springs/I-30 Interchange. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is characterized by intensive commercial development. The property is at the corner of the Geyer Springs/Interstate 30 Interchange. Convenience stores with gas pumps occupy the other 3 corners of the interchange. The C-3 zoned properties to the south and east contain restaurants, banks a furniture rental store, a mini-warehouse business and the headquarters of the Arkansas State Police. A variety of commercial uses extend along Geyer Springs Road to the north and south. The proposed use 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 SWLR United for Progress, Windamere and Cloverdale Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site will be via two driveways; one on Geyer Springs and one on the interstate frontage road. The Geyer Springs entrance is at an existing access driveway/easement. As is typical with a car wash, there are no designated parking spaces. Parking will occur in the wash bays or at the vacuum islands, with additional stacking space at each. Access and parking appear sufficient. July 21, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7885 2 4. SCREENING AND BUFFERS: The plan submitted does not allow for the 30-foot wide on-site landscape buffer along Interstate 30 required by both Zoning and Landscape Ordinances. Variances of the Landscape Ordinance require City Beautiful Commission approval. 5. PUBLIC WORKS COMMENTS: 1. Geyer Springs Road is classified on the Master Street Plan as a principal arterial. Existing right-of-way width meets Master Street Plan requirements. 2. The proposed land use would classify the I-30 Frontage Road on the Master Street Plan as a commercial street. Existing right-of-way is adequate. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Plans of all work in right-of- way shall be submitted for approval prior to start of work. Obtain a barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 4. Stormwater detention will not apply to the proposed development. 5. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 6. For the I-30 Frontage Road, obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: 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 July 21, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7885 3 Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Fire hydrant may be required. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (JUNE 30, 2005) Bob Holloway, David Atkins and Mark Redder were present, representing the application. Staff described the proposed conditional use permit. Staff noted that additional information relating to building design and height, signage, vacuum islands, fencing and site lighting needed to be provided. The applicants noted that the existing sign pole on the property would be used. Staff also noted that a copy of the instrument dedicating the 26-foot access and utility easement on the property needed to be provided. Mike Hood, of Public Works, briefly reviewed the Public Works requirements for the property. Bob Brown, of the Planning Staff, noted that a 30-foot wide landscape buffer was required along the I-30 property line. Mr. Holloway noted that a variance would be requested from the Planning Commission and City Beautiful Commission for the reduced interstate buffer. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The C-3 zoned property at 8001 Geyer Springs Road is occupied by a vacant convenience store 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 three self-serve car wash bays, two automatic carwash bays and an equipment room. Three vacuum islands will be located in front of the building, at the perimeter of the paved driveway-parking area. The site will be completely redeveloped with new landscaping, paving and street improvements. The 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 with the Sud’s motif to have the appearance of bubbles. Signage will consist of one ground- July 21, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7885 4 mounted sign at the northeast corner of the site and wall signs on the building facades. The signage will comply with commercial district standards. A variance is needed to allow signage on the building’s south façade since it does not face a street. Staff is supportive of the variance since the south façade faces the access driveway for the commercial subdivision. The facility will operate 24 hours a day, 7 days a week. There is no attendant on site. The attendant is on call 24 hours per day and visits the site 3 to 4 times per day to clean-up, empty refuse containers and provide general maintenance. No new fencing is proposed, other than the screening fence around the dumpster. A small canopy will cover each of the vacuum islands. There will be no signage on the vacuum canopies. Site lighting will consist of building lights and “shoebox” type pole lights. The redeveloped site is proposed to have a landscaped street buffer of 10 feet on the north perimeter where the site abuts the interstate frontage road. Section 36-522(a)(3) of the Zoning Ordinance requires a minimum street buffer width of 30 feet where a site abuts an expressway. Staff is supportive of a variance to allow the reduced street buffer width of 10 feet. The site actually abuts a frontage road and is further separated from the interstate traffic lanes by the interstate entrance ramp. The site is separated from the frontage road by unpaved right-of-way, which varies in width from 15 to 25 feet. This variance will also require approval from the City Beautiful Commission. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. The 1966 Bill of Assurance does not address use issues. The access easement along the south perimeter of the site will be recorded prior to an application being filed for a building permit. To staff’s knowledge there are no other issues. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be shielded downward and into the site. 3. The site is to be kept clean; trash is to be picked up and trash cans emptied daily. 4. There is to be no signage on the vacuum island canopies, which denotes the name of the facility. July 21, 2005 ITEM NO.: 16 (Cont.) FILE NO.: Z-7885 5 5. There is to be no flashing, oscillating or pulsating of any neon on the building. Staff recommends approval of variances to allow a wall sign on the south façade of the building and to allow a reduced street buffer width of 10 feet on the north (expressway) perimeter. PLANNING COMMISSION ACTION: (JULY 21, 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 additional discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. July 21, 2005 ITEM NO.: 17 SUBJECT: Proposed Amendments to Chapter 36 of the Code of Ordinances related to various uses, which are residential in nature. REQUEST: That the Planning Commission receives comments from interested parties and staff and vote on a recommendation to the Board of Directors. STAFF REPORT: On February 3, 2005, the Planning Commission reviewed proposed ordinance changes related to group homes and transitional living facilities. There was considerable discussion of the item and the Commission did not vote to recommend approval of the proposed ordinance amendments. Since that date, staff and the Planning Commission, as well as members of the Transitional Housing Task Force and other interested parties, have continued to study the issue and have worked to resolve specific concerns raised under the previous proposal. Under the proposal now submitted for consideration, the definition of “family” remains as it currently is in the Zoning Ordinance with the addition of a statement that the definition “shall not be applied so as to prevent the City from making reasonable accommodation where the City determines it necessary to afford handicapped persons living together in a household equal access to housing pursuant to the Federal Fair Housing Amendments Act of 1988.” “Group home” is now defined as providing housing in a family-like environment to more than four (4) handicapped individuals and is permitted only as a special use permit. Also now included is a statement that “there shall be a presumption that a special use permit for a group home of 5, 6, 7 or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home.” See the attached ordinance for complete language. July 21, 2005 ITEM NO.: 18 FILE NO.: LU05-08-02 Name: Land Use Plan Amendment – Central City Planning District Location: Between I-630 and Roosevelt Rd., from Dr. Martin Luther King Jr. Dr. and Woodrow Request: Single Family, Mixed Office Commercial, Mixed Use, Commercial, and Industrial to Single Family, Low Density Residential, Multifamily, Mixed Use, Public Institutional, Neighborhood Commercial, Commercial, and Light Industrial. Source: Staff PROPOSAL / REQUEST AND EXISTING CONDITIONS: A rezoning request was made just east of Centennial Park, which was in conflict with the Plan in mid-2004. Staff, when reviewing the request, noted that the Central High/Wright Avenue area had not had a Land Use Plan Review in over a decade. Therefore, staff under took a clean-up review of the area. The following Plan changes are the result of this review with the Neighborhood Associations and Major Institutions in the area contacted throughout the process for suggestions and comment. All the proposed changes are in the Central City Planning District. In the Capitol Hill Addition/Central High School section of the study area there are four changes. The first is north of 10th Street and east of the railroad from Industrial to Light Industrial. Light Industrial classification represents light warehousing, distribution and storage uses or other industrial uses in a well- designed ‘park like’ setting. The existing uses in this area are warehousing, with a ‘salvage yard’ and church. The zoning is primarily ‘I-2’ Light Industrial. The current Land Use Plan recognizes the I-2 zoning with an Industrial designation. The use and zoning to the east and southeast is single-family. To the north is the State Capitol complex shown Public Institutional. The second area is a change from Industrial, Open Space and Single Family to Mixed Use, south of 10th Street along the east side of the railroad. The Mixed Use classification represents a mixture of residential, Office and Commercial uses with a Planned Zoning District required if it is not totally residential. The existing uses in the area are vacant land and single-family homes. The primary zoning is I-2 and ‘R-4’ two family residential with some ‘R-3’ single-family. The current Land Use Plan recognizes most of the I-2 as Industrial with an Open Space Strip to buffer and stop the industrial from the single family to the east. To the east is single-family use and zoning; to the north is industrial zoning and primarily light industrial use; to the south is commercial zoning and use. July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 2 The third area is also along the east side of the railroad between 13th Street and Daisy Gatson Bates Drive. The proposal is to change from Industrial to Mixed Use. The Mixed Use classification represents a mixture of Residential, Office and Commercial uses with a Planned Zoning District required if it is not totally residential. The existing use is vacant and an auto repair business, with a zoning of I-2. The current Land Use Plan designation is Industrial. To the east, north, and south are single-family areas -- zoning, land use and planned. The fourth area is along the south side of 12th Street from Park east of Dennison Street. This change is from Single Family to Mixed Use. The Mixed Use classification represents a mixture of Residential, Office and Commercial uses with a Planned Zoning District required if it is not totally residential. The existing use is commercial businesses and a vacant lot. The area is zoned I-2, ‘C-3’ General Commercial and R-4. The current Land Use Plan designation is Single Family. The use in all directions is single-family with most of the area zoned R-3. In the Centennial Addition/Children’s Hospital section of the study area there are seven changes. The first area is along the west side of Summit from 15th Street south of 16th Street. The change is from Single Family to Multifamily Residential. The Multifamily classification represents residential development of ten to thirty- six dwelling units per acre. The existing uses are multifamily structures, with one single-family structure and a funeral home. The current zoning pattern is ‘R-5’ Urban Residential, ‘O-3’ General Office, R-3, and ‘PDR’ Planned Development Resident. The current Land Use Plan designation is Single Family. The uses to the north, south, and west are single family with most of the area zoned R-3. To the east is a city park zoned ‘PR’ Park Recreation. The second area is generally between Daisy Gatson Bates Drive and 13th Street, from Wolfe to Battery. The change is from Single Family to Low Density Residential. The Low Density Residential classification represents a broad range of housing types from single family to attached housing to multifamily with a density of 6 to 10 units. The existing use is a mix of duplexes, four to six unit apartments, single-family and vacant lots. The predominate zoning is R-4 with some R-5, R-3 and PDR zoning. The current Land Use Plan designation is Single Family. The uses to the south and west are single-family with a zoning generally of R-3. To the north is land owned by Arkansas Children’s Hospital and zoned C-3. To the east is land zoned ‘PDO’ Planned Development Office and PRD for apartments and offices in the former Westside Junior High school building. The third area is along the east side of Bishop between 10th and 11th Streets. The change is from Mixed Office Commercial to Public Institutional. The Public Institutional classification represents public or quasi-public facilities such as schools and hospitals. The existing uses are offices related to Arkansas Children’s Hospital with a zoning of O-3. Uses to the north and west are July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 3 Arkansas Children’s Hospital related and are zoned ‘O-2’ Office and Institutional. Uses to the east and south are a mix of office and commercial with zoning of C-3 and O-3. The fourth area is the intersection of Daisy Gatson Bates and Martin Luther King Jr. Drives. The change is from Mixed Use to Neighborhood Commercial. The Neighborhood Commercial classification represents limited small-scale commercial developments in close proximity to a neighborhood, providing service and goods to that neighborhood. The existing uses in the area are small retail businesses and a vacant lot. The current zoning is C-3. The uses to the southeast, southwest, and northeast are primarily single family with zoning to the northeast and southeast R-4 and southwest R-3. To the northeast is the Children’s Hospital ownership zoned O-2 and O-3. The fifth change is either side of Martin Luther King Jr. Drive between Daisy Gatson Bates Drive and 16th Street. The change is from Mixed Use to Single Family. Single Family Use designation represents single-family homes at densities not to exceed six dwelling units per acre. The existing uses in the change area are single family with a zoning of either R-4 or R-3. The uses to the east and west are single family with R-4 zoning to the east and R-3 zoning to the west. To both the north and south at the intersections are commercial businesses with a zoning of C-3. The sixth change is the northeast, northwest and southeast corners of the Martin Luther King Jr. Drive – 16th Street intersection. The change is from Mixed Use to Neighborhood Commercial. The Neighborhood Commercial classification represents limited small-scale commercial developments in close proximity to a neighborhood, providing service and goods to that neighborhood. The existing uses in the change area are small retail businesses zoned C-3 and R-3. Uses to the east, north, southeast and northwest are single-family with zoning of R-4 to the east and R-3 to the west. To the southwest is the Arkansas Baptist College campus with a zoning of R-4. The seventh change is the northeast corner of the 17th Street-Martin Luther King Jr. Drive intersection. The change is from Mixed Use to Public Institutional. The Public Institutional classification represents public or quasi-public facilities such as schools and hospitals. The existing use in the change area is college offices with a zoning of R-4. The uses to the east and south are single-family with a zoning of R-4. The uses to the west are the college campus zoned R-4. To the north are retail uses zoned C-3. The final area of changes is in the area South of Wright Avenue and consists of three changes. The first change is along Wright Avenue at Summit. The proposal is to change an area of Mixed Use to Single Family use. Single Family use designation represents single-family homes at densities not to exceed six dwelling units per acre. The existing use is single family and the zoning is R-4. July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 4 The uses to the north and south are single-family with R-4 zoning. To the west is also single-family with both R-3 and R-4 zoning. To the east of the area is zoned C-3 and the use is small retail businesses. The second change area is either side of Wright Avenue from Marshall to Wolfe. The proposed change is from Mixed Use to Commercial. The Commercial classification represents a broad range of retail and wholesale sales of products, personal and professional service and general business activities. The existing uses in the area are commercial business and a mosque, with a zoning of C-3. To the north and south are single-family use areas with a zoning of R-4 and R-3. Both to the east and west are retail businesses zoned C-3. The third change area is along Roosevelt Road between Battery and Wolfe. The proposal is to change an area of Single Family to Public Institutional. The Public Institutional classification represents public or quasi-public facilities such as schools and hospitals. The existing use of the area is a church with a zoning of R-4. To the east and south are single-family use areas zoned R-4. To the west is a school zoned R-4 and to the north is a daycare center zoned ‘PCD’ Planned Commercial Development. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On January 4, 2000, a change was made from Single Family to Mixed Use at 2311 Spring Street over half a mile to the east of the study area to accommodate proposed development. MASTER STREET PLAN: In the area Roosevelt Road is shown as a Principal Arterial with a special design standard on the Plan. Principal Arterial primary function is to move vehicles and goods through the area connecting major generators and activity centers within the urban area. Roosevelt is proposed to have a 70-foot right-of-way with a four-lane section and five lanes at major intersections with an additional right-of- way of 80 feet. Wright Avenue is shown as a Minor Arterial with a special design standard on the plan. Minor Arterial primary function is to move vehicles in and around an urban area. Wright Avenue is proposed to have a 60-foot right-of-way with a three-lane section and additional requirements at major intersections. Dr. Martin Luther King Jr. Dr., Daisy Gatson Bates Drive, Battery (from I-630 to Daisy Gatson Bates Drive) and 12th Street from Battery west are shown on the Plan as Collectors. Collector’s primary function is to move vehicles from Local Street to the Arterial system. Their secondary function is to provide access to July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 5 adjacent property. Additional right-of-way may be required on some or all of these roads. BICYCLE PLAN: The plan shows Class I and II Routes through the area of the Land Use Plan changes. A Class III Route uses the existing roadway with the bicycle sharing the road with automobiles. A Class II Route uses the existing roadway with a portion of the road exclusively for bicycles. In both cases no additional right-of- way or paving should be required. PARKS: The Little Rock Parks and Recreation Plan of 2001 shows that this area means the 8-Block standard for recreational opportunities – park and open space. Centennial, Ninth Street and Barton Parks provide recreation opportunities in the study area along with school sites and private facilities. 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: A rezoning request was made in mid-2004 to reclassify an existing apartment building on Battery using the Planned Zoning District process. In the review, staff noted the Land Use Plan showed Single Family for the property as well as several other properties currently occupied by and/or zoned for multifamily use. Since the Land Use Plan had not been reviewed in over a decade for this sub- area of Little Rock, Staff undertook a review of the Land Use Plan in August 2004. The first step of this review was to contact the three neighborhood associations in the area as well as the major institutions. This contact was made in September 2004. Each group was asked for recommendations, which they might have to change or update the Plan. By mid-October 2004 none of the groups had contacted Staff with any suggestions for changes to the Land Use Plan. July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 6 Staff continued to review the area and identified several changes thought to be mostly ‘clean-up’. In a few cases Staff identified a change meant to encourage a use change where physical changes had occurred, in an attempt to create a better use mix in the general area. These changes were mapped and a second letter with the changes was sent to the same groups in mid-November 2004. In addition the owners of property directly affected by the proposed changes were sent letters on December 1, 2004. Staff received comments through mid- January 2005. The Central High Neighborhood Association asked Staff to come to their January meeting (January 11, 2005). At this meeting staff reviewed the proposed changes and there was some discussion about two of the changes as well as the process. The group asked for and was granted two additional months to review the documents and make comments. This time was given to the other groups via mailed correspondence. After almost two months, by phone, Central High Neighborhood Association asked for two additional months to get comments in. This request was granted. During this review time additional comments and suggestions were received from other individuals. These included two additional areas for changes: one on Bishop between Daisy Gatson Bates Drive and 15th Street from Single Family to Commercial; and the other on 23rd Street between Wolfe and Bishop from Single Family to Public Institutional. Three areas were requested to be removed from consideration for a change. These are: east of Jones between 16th and 17th Streets, a change from Industrial to Mixed Use; Daisy Gatson Bates Drive from Marshall to Bishop Streets, a change from Public Institutional to Mixed Office Commercial; and the southeast corner of 11th and Bishop Streets, a change from Mixed Office and Commercial to Public Institutional. Staff reviewed the areas considering the information provided. From this analysis the three areas requesting no change were reviewed. However Staff could not justify adding the new change areas to the package. The Bishop site is mid-block surrounded by single-family and no traditional commercial structures located along this locate residential street. The 23rd Street site is also mid-block. While the church is across the street on the south side of the street there are existing homes either side of requested ownership change. A change of one vacant lot surrounded by homes seems premature -- a specific development in the future may warrant a change but not a small unknown possible development adjacent to these existing homes. A revised package of changes was developed in May of 2005. Staff did remove and alter several of the proposed changes due to comments and suggestions received. The Central High Neighborhood Association invited Staff to their June meeting (June14, 2005). There was discussion again about the changes, but no agreement or disagreement with the proposal. The final package was developed July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 7 for the Commission’s review. Most of the changes are those which staff believes are clean-up (to more accurately reflect existing land use, zoning and mostly future use of the land). These are as follows: The area along the east side of the railroad tracks from 7th to 10th Streets is currently zoned I-2, with several small warehouses, a salvage yard and vacant land. Single Family homes are to the east and the State Complex is to the northeast. With the existing street pattern, traffic can flow to either 7th or 12th Streets, however the access to Woodrow has been removed. The current Plan had shown this area for Industrial. Industrial could result in manufacturing and distribution uses which would result in large and more truck traffic through the area. With the existing use and zoning pattern, together with impacts on the surrounding neighborhood a more realistic and desirable future use pattern is Light Industrial for this land. The area along 12th Street from Dennison to Park is already zoned Commercial (C-3) and Industrial (I-2), with commercial uses. The current use of the land is a strip center, a commercial building with a ‘bike’ club and other retail uses and a parking lot. The Plan had shown this area for Single Family use. With the existing use and zoning pattern a more realistic future use pattern is Mixed Use for this land. Bishop Street from 12th to 13th Streets is land owned by Arkansas Children’s Hospital and currently used by the hospital and zoned for office use, O-3. The hospital’s future plans show the land to be used for medical and research uses by the hospital. Thus while Mixed Office Commercial may be the general use pattern Public Institutional would be more informative for those who might use the Plan to make decisions about other properties. This change is intended to reflect the long-range plan for the hospital property. The area between Daisy Gatson Bates Drive and 13th Street from Wolfe to Battery Streets is currently more dense than Single Family. It is primarily duplexes and buildings with four to six units. The zoning ranges from R-3 to R-5, with most of the area zoned for more than single units. Based on the existing use and zoning pattern, the current Plan showing Single Family for this area miss-represents the current and likely future development pattern of the area. A change to Low Density Residential is more representative of both the existing conditions and likely future development of the area. The intersections of Martin Luther King Jr. Drive with both Daisy Gatson Bates Drive and 16th Street are currently zoned C-3 General Commercial with existing small retail businesses. The current Plan shows Mixed Use. However with the existing zoning and use pattern it is not likely that residential use would be introduced while office use is possible, it is more likely that the intersections will continue to be commercial in nature. Thus a change to Neighborhood July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 8 Commercial is more reflective of the existing and likely future development pattern of both of these intersections. The area along Martin Luther King Jr. Drive between these two intersections consists of single-family homes, zoned R-4 and R-3. The homes are in good condition and there is no reason why they should not continue to be single-family homes. A change from Mixed Use to Single Family would help re-enforce the current conditions and discourage stripping of Martin Luther King Jr. Drive. A lot at the northeast corner of Martin Luther King Jr. Drive and 17th Street is the former President’s home for Arkansas Baptist College. The building is now used for college related office space. A change in the Plan from Single Family to Public Institutional would be more representative of the current and likely future use of the land. The properties along the west side of Battery from 15th Street south of 16th Street are Multifamily in design and use, except for two. One of these is zoned R-5 (Multifamily) but used for a single-family home, the other is a funeral home. Based on the existing uses and zoning pattern it is unlikely that these properties will become single family. A change to Multifamily would be more reflective of the current and likely future development pattern of these tracts. The area between 13th Street and Daisy Gatson Bates Drive east of the railroad tracks has one business (an auto repair business) with the remaining land vacant. The area is zoned I-2 and shown as Industrial on the Plan. The surrounding area is single family. The current business is commercial not industrial and a designation of Mixed Use might encourage the vacant area to be more compatible with the neighborhood than a true industrial use would be. This change both reflects the less intense current use and is trying to encourage any new development to be more ‘neighborhood friendly’. The eastern end of the Mixed Use area along Wright Avenue at Summit is actually single-family houses. The homes are oriented to the side street. Since the area is used and zoned for residential, a change to Single Family from Mixed Use would better reflect the current and likely future development pattern of the land. A stretch of Mixed Use along Wright Avenue from Wolfe to Marshall is actually zoned C-3 and used for businesses. There is a mosque in a former movie theater in the stretch as well. Based on the current use and zoning pattern, it is unlikely that residential will be introduced on this stretch of Wright Avenue. A more likely future development pattern is a continuation of commercial uses. July 21, 2005 ITEM NO.: 18 (Cont.) FILE NO.: LU05-08-02 9 Along the north side of Roosevelt Road from Battery to Wolfe Streets there is an existing Church. A change to Public Institutional from Single Family would better reflect the current and likely future development pattern of this land. The remaining change in the package is not designed to reflect the current use and zoning pattern. It is intended to try to encourage future development pattern, which might be more compatible with the neighborhood than what the existing Land Use Plan would allow. This change is in the Capitol Hill Addition area. It is south of 10th Street beyond 11th Street and east of the railroad. With the removal of access across the railroad at 10th Street, this area is not as desirable for industrial uses. The zoning is mostly I-2 and R-4. The Mixed Use designation would allow for office, commercial, residential or a mix of any or all of these uses. The Planned Development process would have to be used. This would help assure that any new development was compatible with the neighborhood to the east and south. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Capitol Hill, Central High and Wright Avenue Neighborhood Associations. In addition notices were sent to over one hundred owners of property included as part of this request. Staff has received four comments from area residents, and all were neutral. STAFF RECOMMENDATIONS: Staff believes the changes better reflect the likely future development pattern of the area. PLANNING COMMISSION ACTION: (JULY 21, 2005) The item was placed on consent agenda for deferral to September 1, 2005 in order to allow for the legal advertisement of two additional changes. The two changes are, Single Family to Commercial along Bishop and Single Family to Public Institutional along 23rd Street. By a vote of 11 yes and 0 no the consent agenda was approved.