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pc_03 25 2004 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MARCH 25, 2004 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Pam Adcock Gary Langlais Norm Floyd Mizan Rahman Jerry Meyer Fred Allen, Jr. Darrin Williams Bill Rector Bob Lowry Robert Stebbins Members Absent: Chauncey Taylor City Attorney: Cindy Dawson III. Approval of the Minutes of the February 12, 2004 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MARCH 25, 2004 4:00 P.M. I. DEFERRED ITEMS: A. Master Street Plan – repealing the current Master Street Plan and adopting a new Master Street Plan for the Little Rock Planning Area B. Z-7512 Interstate 630 Self-Storage – Conditional Use Permit 5700 West 10th Street C. Z-7551 Elliott Day Care Family Home – Special Use Permit 1100 N. Taylor Street D. Z-7543 O’Donnell Day Care Family Home – Special Use Permit 25 Overby Circle E. Z-7548 Brooks Day Care Family Home – Special Use Permit 6821 Fairfield Drive F. G-23-331 Mary Street, Brack Avenue, Carl Street, Lucie Avenue and Alley Right-of-Way Abandonments G. Z-7570 James Day Care Family Home – Special Use Permit 6805 Woodson Road H. Z-7571 Moore Day Care Family Home – Special Use Permit 4024 Apple Avenue I. Z-7572 Parks Day Care Family Home – Special Use Permit 2913 Ware Street J. A Land Use Plan Amendment (LU03-18-03) in the Ellis Mountain Planning District on the South side of Chenal Parkway East of the Wellington Hills Road intersection from Suburban Office to Commercial. J.1. Pinnacle Ford Long-form PCD (Z-4841-B), located South of Chenal Parkway, East of the Kanis Road intersection. Agenda, Page Two I. DEFERRED ITEMS: (Cont.) K. Mabelvale Business Park and Shopping Center Revised Preliminary Plat (S-993-K), located on the South side of the I-30 Frontage Road at Mabelvale Pike. L. Home Depot Revised Conditional Use Permit (Z-3459-H), located on Mabelvale Plaza Drive. M. Rock House Short-form POD (Z-7563), located at 715 North University Avenue. N. Chenal – Highway 10 Mini-Storage Planning Commission Appeal of a Notice of Violation of the City’s Land Alteration Ordinance (NOV #208), located at 24300 Chenal Parkway. O. Diamond T Subdivision Preliminary Plat (S-1419), located on Crystal Valley Road approximately 1200 feet north of the east/west leg. P. Green Diamond Subdivision Preliminary Plat (S-1421), located on Crystal Valley Road on the north side west of Crystal Valley Cove. Q. Bowman and Kanis Retail Center Revised Long-form PCD (Z-6554-B), located on the Northwest corner of Kanis Road and Bowman Road. R. Holleman Short-form PD-C (Z-7580), located at 4115 Baseline Road. II. NEW ITEMS: 1. G-23-334 Grant Street – Right-of-Way Abandonment Between “F” and “G” Streets 2. G-23-335 E. Roosevelt Road – Right-of-Way Abandonment East of Bankhead Drive 3. Z-4336-S Rezoning from Various Districts to O-2 Maryland Avenue between Battery and Schiller Streets 4. LU04-18-02 A Land Use Plan Amendment in the Ellis Mountain Planning District from Mixed Office Commercial and Park/Open Space to Commercial for the west side of Kanis Road approximately 600 feet south of Kanis Agenda, Page Three II. NEW ITEMS: (Cont.) 4.1. Z-7435-A Rezoning from PCD to C-3 West side of Kanis Road, 600 feet south of Chenal Parkway 5. Z-7587 Rezoning from I-2 to C-3 6501 Interstate 30 6. Z-7588 Rezoning from R-2 to R-7A 17212 Colonel Glenn Road 7. Z-7589 Rezoning from C-3 to C-4 4724 West 12th Street 8. Z-7590 Rezoning from R-2 to R-7A 17409 Alpine Circle 9. Z-7593 Rezoning from O-3 to O-2 West side of S. Shackleford Road, approximately 400 feet south of Hermitage Road 9.1. Z-7593-A Sleep Inn – Conditional Use Permit 800 Block of S. Shackleford Road 10. LU04-11-01 A Land Use Plan Amendment in the I-430 Planning District from Single Family to Suburban Office for an area on the east side of Aldersgate Road south of 18th Street 10.1. Z-7595 Rezoning from R-2 to O-1 Southeast corner of West 18th Street and Aldersgate Road 11. Z-7596 Rezoning from I-2 to C-3 5201 Asher Avenue 12. LU04-16-01 A Land Use Plan Amendment in the Otter Creek Planning District from Office to Commercial for an area east of Stagecoach Road 1,600 feet north of Otter Creek Parkway 12.1. Z-7597 Rezoning from R-2 to C-3 East side of Stagecoach Road, 1,600 feet north of Otter Creek Parkway 13. Z-3442-I Walmart – Revised Conditional Use Permit 8801 Baseline Road Agenda, Page Four II. NEW ITEMS: (CONT.) 14. Z-4420-C Greater Center Star Baptist Church parking lot – Conditional Use Permit 3215 Riffel Avenue 15. Z-5470-B Little Rock Church – Revised Conditional Use Permit 10701 West Baseline Road 16. Z-5600-C Chenal Mini-Storage – Revised Conditional Use Permit 24300 Chenal Parkway 17. Z-5649-C Southwest Christian Church – Revised Conditional Use Permit 10915 Stagecoach Road 18. Z-7253-B Central High School Baseball Field – Revised Conditional Use Permit 1500 S. Park Street 19. Z-7482-A Geyer Springs Church of Christ – Revised Conditional Use Permit 6004 West 53rd Street 20. Z-7586 Adams Day Care Center – Conditional Use Permit 9009 Woodford Drive 21. Z-7592 Liberty House Correctional Facility – Conditional Use Permit 1815 West Roosevelt Road 22. Z-7594 Vasquez Accessory Dwelling – Conditional Use Permit 6720 Mabelvale Cut-Off 23. Z-7598 Ferndale Assembly of God – Conditional Use Permit 27020 Kanis Road March 25, 2004 ITEM NO.: A Master Street Plan Name: Adoption Master Street Plan Source: City Staff Location: Entire Planning Area for the City of Little Rock STAFF REPORT: The Master Street Plan is the City of Little Rock basic transportation document. It shows the locations of existing and proposed major roads. The purpose of the Master Street Plan (MSP) is to assure that people, goods and services will be able to effectively and efficiently move in, through and around the City of Little Rock. To this end the plan delineates the locations or general location of arterials; the roads which move traffic long distances and generally at high volume and speed. Collectors the roads to connect the community to the arterial network are also delineated. The Master Street Plan goes on to define the different street types and establish basic design standards for each type of road. The MSP includes street related components – sidewalks, right-of-way, bike routes and utility. The proposed location, design and make-up of the road system is the Master Street Plan. Through the Subdivision process and to some degree the zoning process the MSP is implemented. The City of Little Rock has periodically done a complete review of the MSP. The final action of this review is the adoption of a “new” MSP. This was last done in 1987. The sixteen years since the last major review is one of the largest. During this time, the MSP added the Bike Section and moved from the Planning Department to the Public Works Department and then back again. Planning Staff believes with the number of amendments which have occurred since 1987 and the aforementioned items, a complete review is desirable. This review was done over the spring, summer and fall of 2003. The followings changes are proposed: 1) Minor text “clean-up” changes to help readability 2) Returning the Map of Streets to a section of the MSP book rather than a separate fold out map. March 25, 2004 ITEM NO.: A (Cont.) Master Street Plan 2 3) Using the “List of Streets” to only identify streets with standards other than those of the “base” classification. 4) To change the classification of the following streets. a) Remove 3 proposed collectors between Lawson/Raines, Sullivan/Marsh Roads b) Remove Hinson Loop Road (Collector) from Hinson to Rainwood Roads c) Add 20th Street (Collector) from Woodrow to Cedar d) Remove Downtown Street Collectors: Daisy Bates Main to Cumberland Cumberland Daisy Bates to 9th Street Scott Daisy Bates to I-630 Louisiana Daisy Bates to I-630 9th Street State to Broadway 8th Street Broadway to Main 6th Street Woodlane to Broadway 4th Street Woodlane to Cross 4th Street Louisiana to I-30 2nd Street Chester to 3rd Street viaduct Cross 4th to 7th Streets State 4th Street to I-630 Spring 2nd Street to I-630 e) Change Downtown Street Classifications: Louisiana Minor Arterial to Collector 2nd Street to I-630 Main Collector to Minor Arterial 3rd Street to I-630 The Plans Committee of the Little Rock Planning Commission reviewed the proposals during the summer and early fall of 2003. The Committee agreed or accepted the general concepts proposed. Staff has now finalized the new MSP for adoption by the full Commission. Notices were distributed to the “Ordinance Amendment Contact” list at the beginning of the year (2004). Copies of the current and “new” MSP text have been distributed for the Commission’s review. March 25, 2004 ITEM NO.: A (Cont.) Master Street Plan 3 STAFF RECOMMENDATION: Approval PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) This item was placed on Consent Agenda for deferral to March 25, 2004. By a vote of 11 for 0 against the item was deferred. STAFF UPDATE: The Planning and Public Works Staff met to discuss the street cross-sections. (Fire Department represents indicated they had no problems with the current proposal, and as long as the lanes were not narrowed they had no issues.) The result of this meeting is the recommendation to keep the five-lane minor arterial section. A note will be added that when the with high traffic volumes the minor Arterial section will be retrofitted with a median due to safety and volume concerns. Two-Way left turn lanes are a much safer alternative then the construction of 4- lane arterials. As traffic grows and the demands for left turns along the arterials increase, accident rates increase to unacceptable levels. In addition to increased accident rates, congestion along those routes increase significantly. The results of the construction of arterials without a center left turn lanes can be readily seen on Cantrell in west Little Rock. The left lanes are constantly blocked during peak periods resulting in accidents and delay for the motoring public. Currently, the Little Rock Metropolitan area is experiencing increased levels of air pollution. This is due to the increased levels of congestion on our street systems. The inclusions of center left turn lanes will reduce the accident problems and the ever increasing air pollution problem. As traffic demands increase on our arterials, the inclusion of the center left turn lane provides the needed roadway cross-section to retrofit medians in those areas where traffic levels have increased to a level where left turns begin to cause increases in the accident rates along the arterials. In summation, the center left turn lane is a superior design providing increased safety on the arterials for the motoring public in comparison to the 4-lane arterial cross-section recommended by Metroplan. The 5-lane cross-section can be readily retrofitted in the future with barrier medians as traffic volumes increase, a four lane arterial can not be retrofitted without significant expense and purchase of additional rights-of-way. The 5-lane cross-section results in a win-win solution for our citizens. March 25, 2004 ITEM NO.: A (Cont.) Master Street Plan 4 PLANNING COMMISSION ACTION: (MARCH 25, 2004) This item was placed on Consent Agenda for approval. By a vote of 10 for 0 against the item was approved. March 25, 2004 ITEM NO.: B FILE NO.: Z-7512 NAME: Interstate 630 Self-Storage – Conditional Use Permit LOCATION: 5700 West 10th Street OWNER/APPLICANT: Sidney Thom/Scott Richburg PROPOSAL: A conditional use permit is requested to allow for construction of a mini-warehouse development on this C-3 zoned, 4.7 acre tract. 1. SITE LOCATION: The property is located between West 10th Street and I-630, west of Filmore Street and adjacent to the Freeway Medical Tower. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses including a highrise medical office building, a large church, a funeral home and cemetery, a hotel (being renovated) and a variety of other office and small commercial uses. I-630 borders the site to the north and the War Memorial Golf Course is located north of the interstate. The use is compatible with the neighborhood. Staff’s primary concern, beyond the floodway issue, has been the appearance of the development from I-630 and from West 10th Street. The applicant has committed to building design and perimeter treatment that have satisfied staff’s concerns. In many ways, the development will appear “office-like” when viewed from these roadways. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the War Memorial and Oak Forest Neighborhood Associations were notified of the proposal. 3. ON SITE DRIVES AND PARKING: The site will be accessed via a single driveway off of West 10th Street. Four (4) parking spaces are located outside of the fenced compound, adjacent to the office. Once inside the compound, customers will park adjacent to their rental unit. There is adequate paved area adjacent to each of the buildings for this purpose. No areas of outside storage for boats, campers, etc. are proposed. March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Area set aside for buffers and landscaping meet with ordinance requirements. This takes into account the reductions allowed within the designated mature area. Prior to a building permit being issued, it will be necessary to submit landscape plans stamped with the seal of a Registered Landscape Architect. An irrigation system to water landscaped areas will be required. 5. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify 10th and Filmore Streets on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. A 20 feet radial dedication of right-of-way is required at the intersection of the streets. 3. Public Works will support a five year deferral, or until adjacent development occurs, for constructing one half of the remaining platted portion of Filmore Street, and a deferral for constructing sidewalks on all of Filmore. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Storm water detention ordinance applies to this property. Facilities must be designed in a manner that allows access to the top of bank for maintenance. 6. Until FEMA flood maps are revised to reflect the channelization work on this site, no work for improvements in the currently mapped floodway can be approved. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 for all other areas within the mapped floodplain. 7. The plan must show dedication of a 25’ access easement along both sides of the mapped floodway. Landscaping that would obstruct equipment access should not be placed in the easement. March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 3 8. Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock Code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Relocation of existing 8” along east side of property required at Developer’s expense. No construction allowed within the easement of the existing sewer main outfall located on this property. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: SBC has copper and fiber cables in R-O-W of West 10th Street. Locate all utilities before excavating in area. Water: A Capital Investment Charge based on the size of the meter connection(s) will apply to this object in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development. The fire hydrant could be installed by Central Arkansas Water’s forces at Developer’s expense, but would need to be coordinated with the contractor for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Contact Fire Marshall Dennis Free at 918-3752. Re: fire hydrant placement. County Planning: No Comments. CATA: CATA Bus Routes are located along West 12th Street and University Avenue, to the south and west respectively. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 9, 2003) The applicants were present. Staff presented the item and noted additional information was needed regarding building height and design, signage, employees, days and hours of operation, site lighting, fence height and access to the site. Staff questioned whether one dumpster would be adequate for a March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 4 development of this size. Staff noted that the roofing should be constructed of non-reflective materials. Staff noted the site was highly visible from I-630 and care should be taken in designing the view of the site from that perimeter. Staff asked the applicant to clarify that the use was solely mini-warehouses, especially with two of the buildings being two-stories in height. Staff noted that proof of an access easement through the property adjacent to the west to the land locked northwest corner of this site must be provided. Staff noted that several variances were being requested as follow: • Roadside buffer variance along Interstate 630 from 30 ft. to 15 ft. • Variance on width of drainage easement along Coleman Creek Floodway so setback line corresponds to existing drainage easement. • Deferral of boundary street improvements along Filmore Street for 5 years. • Approval of conditional use permit for portion of site within existing floodway contingent upon receipt of FEMA firm map revision, which is underway. • Reduced setback from proposed new floodway. • Reduced setbacks on north and east perimeters. Jim Lawson, Director of Planning and Development, noted a substantial portion of the site was in the floodway. He stated he did not feel it was appropriate to approve development in the floodway contingent upon obtaining FEMA approval. The applicant responded that the property owner had begun the process of having the FEMA flood map revised since the floodway had been channelized some 20 years previous. He stated it should take 60-90 days to have a response from FEMA. Mr. Lawson stated staff was not comfortable that the channelization and retaining wall had been constructed correctly. Mike Hood, of Public Works, commented that the project may have been done without City review and approval. Mr. Lawson stated he was concerned about the appearance of the project and the amount of development proposed for the site. Staff noted some telephone calls had been received from individuals expressing concern about the development. The applicants were urged to meet with area property owners. Public Works Comments were discussed. It was noted that right-of-way to 25 feet from centerline would be acceptable for Filmore Street. Staff stated an unobstructed, 25 foot access easement was required along both sides of the mapped floodway. The applicants stated they would request approval of an unobstructed 15 foot easement along both sides of the proposed new floodway line. The applicant was advised to continue meeting with staff to address the floodway issues. March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 5 Landscape comments were discussed. It was noted that a 6 foot opaque screen is not required on the east perimeter since the Filmore Street right-of-way will be extended to border the entire east side of the development. The Committee instructed the applicant to respond to staff issues by October 15, 2003. The item was then forwarded to the full Commission. PLANNING COMMISSION ACTION: (OCTOBER 30, 2003) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item to the December 18, 2003 meeting in order to pursue resolution of the FEMA map issue. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 noes and 2 absent. STAFF REPORT: The applicant has requested that this item be deferred to the February 12, 2003 Agenda in order to continue pursuing resolution of the FEMA issue. Staff supports this one last deferral. If the item is not ready to be presented at the February 12, 2004 meeting, it should be withdrawn and refiled at a later date. All appropriate information should be submitted prior to the January 15, 2004 Subdivision Committee meeting. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be deferred to the February 12, 2004 agenda. Staff recommended approval of the deferral as noted in the staff report above. The item was placed on the Consent Agenda and approved for deferral to the February 12, 2004 meeting. The vote was 11 ayes, 0 noes and 0 absent. STAFF REPORT: The applicants appeared at the January 15, 2004 Subdivision Committee meeting. They stated they were confident the FEMA issue would be resolved soon and they were prepared to submit a revised site plan in response to FEMA March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 6 and Public Works concerns. They stated many of the variances had been eliminated. They asked for one additional deferral, to the March 25, 2004 meeting. Staff advised the applicants that the revised site plan would need to be submitted for staff review and the item would be scheduled for the March 4, 2004 Subdivision Committee meeting, if the deferral were granted. It was the unanimous consensus of the Committee that one additional deferral would be appropriate. The item was forwarded to the full Commission. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff presented the item and recommended that it be deferred to the March 25, 2004 Commission meeting. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicants were present. Staff presented the item and informed the Committee that the floodway issue had been resolved. The Federal Emergency Management Agency had submitted a Letter of Map Revision (LOMR) and revised Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM). The floodway is now shown as being confined to the channel adjacent to be proposed development. The applicant had slightly modified the site plan to provide the required setbacks and access easement along the newly mapped floodway. Additionally, the plan had been modified to provide the required interstate buffer and building setbacks on the north and east perimeters. As a result of the modifications, no variances were being requested. Staff informed the Committee that the applicant would dedicate the required right-of-way for Filmore Street but was requesting a 5-year deferral of the requirement to do half- street improvements. Staff voiced support for this deferral. Staff noted there were a few additional items needed to complete the review; including specific building heights, sign height, specific hours of access to the mini-warehouses and details of building design. Staff reminded the applicant that an access easement through the adjoining property to the billboard site was still needed. Public Works and Landscape Comments were presented and discussed. Staff acknowledged the floodway revision and noted the addition of the required access easements. The applicant presented renderings of the building elevations as viewed from both I-630 and West 10th Street. The Committee noted the “office-like” March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 7 appearance of the development. Staff asked the applicant to describe the proposed elevations in a revised cover letter, thus making them a part of the application. The applicant was advised to respond to staff issues by March 10, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for development of a mini- warehouse complex on this vacant, C-3 zoned, 4.768 acre tract. The property fronts onto West 10th Street and has a rear yard relationship to I-630. The proposed development is to consist of an office/apartment building and 10 buildings containing 78,190 square feet of mini-warehouse space. Two of the mini-warehouse buildings will be two-stories in height. Some of the buildings will be heated and cooled for “conditioned storage”. The proposed development will be done in three phases. Phase I consists of all of the perimeter buildings; buildings A, B, C, H, H1, H2 and the manager’s office/apartment building. All required fencing and perimeter landscaping and buffering will be completed with Phase I. Phase II consists of three interior, one-story buildings; buildings D, E and F. Phase III will be the construction of the final interior two-story building; building G. Required right-of-way and floodway dedication and repair to the 10th Street Frontage will occur with Phase I. A 5-year deferral of the required street improvements to Filmore Street is being requested. Staff supports that deferral. The office/apartment building will be constructed with a brick veneer and architectural shingles to coordinate with the design of the church located across West 10th Street, to the south. The storage building adjacent to West 10th Street (Building A) will have a stucco finish. The portion of the two-story building visible from I-630 (Building C) will be constructed to resemble an office building with tempered glass windows and painted aluminum spandrels. This treatment will be for the north wall and the angled, northwest wall of building C. The saw- toothed northern end of building H, which will be visible from I-630, will have a stucco finish. All roofs, other than the office/apartment building, will be flat-roofs of non-reflective standing seam metal. The remaining walls of all of the buildings will be constructed of standing seam metal material. Signage will consist only of a single, monument style, ground mounted sign on West 10th Street and a wall sign on the north façade of building C. The monument sign will be 6 feet in height and 160 square feet in area and the area of the wall sign will not exceed 10% of the building’s façade. Both signs comply with ordinance standards. March 25, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7512 8 Facility office hours will be 9:00 a.m. – 6:00 p.m., Monday through Saturday and 12 noon – 4:00 p.m., Sunday. Access by keypad will be available 6:00 a.m. – 10:00 p.m. each day. Special access at other hours will be made available to tenants by use of a special code. Site lighting will consists of wall-mounted fixtures facing the interior of the property. Fixtures will be placed on 70 feet centers. One dumpster, with required screening, will be located on the site. For the most part, the buildings themselves provide perimeter security. Gaps between the perimeter buildings will be filled in by an 8 foot tall, wrought iron fence. Staff is supportive of the requested conditional use permit. The use is compatible with uses and zoning in the area. The applicant is proposing construction of a quality development and has answered staff’s two primary concerns; the appearance of the site from West 10th Street and I-630 and the floodway issue. As proposed, the appearance from both rights-of-way will be inoffensive. The applicant has worked with FEMA and has completed the floodway revision. The floodway now corresponds to the channel. The applicant has provided the required setback from the floodway and has shown Public Works access along both sides of the floodway. An on-site fire hydrant has been shown and the buildings have been relocated off of the sewer easement. Other than for the 5-year deferral of improvements to Filmore Street, no variances are requested. The applicant has clarified that the use of the site will be for mini- warehouse, as defined by the Code. To staff’s knowledge, there are no outstanding issues. The property is not covered by a bill of assurance. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report. Staff recommends approval of the requested 5-year deferral of required improvements to Filmore Street. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: C FILE NO.: Z-7551 Name: Elliott Day Care Family Home – Special Use Permit Location: 1100 North Taylor Street Applicant: Heather Elliott/Patrick McGetrick Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 1100 North Taylor Street. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Hillcrest and Prospect Terrace Neighborhood Associations were notified of this request. STAFF ANALYSIS: 1100 North Taylor Street is located on the west side of North Taylor, at its intersection with “J” Street. All surrounding properties are zoned R-2 and are occupied by single family residences. Forest Heights Jr. High School is located one block to the west. Holy Souls Church and School and the Francis Allen School are located two blocks to the southeast. An MF-12 zoned condominium development is located one block to the northwest. The applicant’s home is a one-story, frame and stucco structure and is typical of homes in the neighborhood. The property shares a deep, double-wide driveway, constructed in the undeveloped “J” Street right-of-way, with the property to the south. The portion of the rear yard nearest the house is fenced for use as a play area. The remainder of the rear yard is wooded. North Taylor Street, at this location, is broad with curb and gutter on both sides. The street does not appear to be heavily traveled. The applicant currently keeps 4 children. Keeping up to 5 children does not require regulation by the City. She proposes keeping no more than 10 children but likely will have 6-8 children on most days. Hours of operation are proposed as Monday through Friday, 7:30 a.m. – 5:30 p.m. The applicant will be the sole caregiver. On the rare occasion when the applicant cannot keep the children (Doctor’s appointment, etc…). A substitute (family member) will come to the residence and watch over the children. The principal use of the property will remain single family residential. No signage beyond that permitted in single family zones will be permitted. The applicant will March 25, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7551 2 apply for a license from the State Department of Human Services upon receiving approval from the City. The applicant’s Engineer has stated there is no longer a valid bill of assurance for this subdivision; Hollenberg Addition. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 1100 North Taylor Street, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day-light hours. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) Patrick McGetrick was present representing the application. There were several objectors present. At this point, only 8 commissioners were present. As is the Commission’s practice, the applicant was offered the opportunity to defer. Mr. McGetrick requested the deferral. March 25, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7551 3 A motion was made to defer the item to the February 12, 2004 meeting. The motion was approved by a vote of 6 ayes, 2 noes and 3 absent. After the vote, one of the objectors presented a petition in opposition to the proposed day care family home. STAFF UPDATE: On January 6, 2004, the Board of Directors directed staff to put a hold on all day care family home applications, and begin a review of the Zoning Ordinance standards related to day care family homes, to determine if any ordinance amendments are needed. The Planning Staff and Plans Committee have reviewed the ordinance, and proposed amendments are on the February 12, 2004 Planning Commission agenda for discussion. Staff anticipates the ordinance amendments being presented to the Board of Directors on March 16, 2004. Therefore, staff requests that this application be deferred to the March 25, 2004 Planning Commission agenda. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home – special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. STAFF UPDATE: On March 9, 2004, the applicant contacted staff and asked that her application be withdrawn. Ms. Elliott stated she would keep no more than five (5) children, thus not requiring an S.U.P. Staff recommends approval of the applicant’s withdrawal request. March 25, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7551 4 PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be withdrawn. There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: D FILE NO.: Z-7543 Name: O’Donnell Day Care Family Home – Special Use Permit Location: 25 Overby Circle Applicant: Linda O’Donnell Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 25 Overby Circle. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Treasure Hills Neighborhood Association were notified of the public hearing. STAFF ANALYSIS: 25 Overby Circle is located on the south side of Overby Circle east of Vinson Street, within the Treasure Hills Subdivision. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of commercial uses along Rodney Parham Road to the north and east. The applicant’s home is a two-story brick and frame structure and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 9:00 a.m. to 2:00 p.m., Monday through Thursday. The applicant has noted that she has no employees. There is a two-car concrete driveway from Overby Circle, with parking for at least four (4) vehicles. There is sufficient space for drop-off and pick-up of children. On inspection, staff observed all vehicles on the site to be parked on paved surfaces. Staff observed no vehicles on the site which were not operational. The applicant has operated a day care family home at this address for 7 ½ years. The applicant has noted that she currently cares for 10 children. The applicant has also noted that most of the children she cares for live in nearby surrounding neighborhoods. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant has noted that she is licensed by the State Department of Human Services. The March 25, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7543 2 applicant submitted a copy of the Bill of Assurance for this neighborhood which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: “I. Except for Park Tracts A and B which are to be used by owners of lots in all sections of Treasure Hills Subdivision, their guests and others having their permission, for recreational purposes; lots in this Section 3 may be used only for residential purposes. No building shall be, erected, altered, placed or permitted to remain on such residential lot other than and single family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars.” Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. There are no permitted/licensed day care family homes or day care centers within 300 feet of the site. To staff’s knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property (7 ½ years). Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 25 Overby Circle, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). March 25, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7543 3 2. Compliance with the following additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. b. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. c. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. d. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. e. All vehicles must be parked on a paved surface. f. All vehicles located on the site must be operational. g. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. h. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. i. The Fire Marshall must approve use of the residence for the proposed day care family home. 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day-light hours. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) Staff informed the Commission that the applicant had requested the application to be deferred to the February 12, 2004 Agenda, due to the fact that she became aware of a petition of opposition on the date of the public hearing. Staff noted March 25, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7543 4 that the applicant wished to have a neighborhood meeting with the opposition. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the deferral request being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 12, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home – special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Linda O’Donnell was present, representing the application. There were several persons present in support of the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval. Linda O’Donnell addressed the Commission in support of the application. She gave a description of the day care family home. Troy Laha addressed the Commission in opposition. He noted that he observed two (2) vehicles parked in the yard. He also noted that the address was not properly displayed on the property. Sharon Sweeney also addressed the Commission in opposition. She expressed traffic and noise concerns. She stated that the children playing outside during the day were noisy. March 25, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7543 5 Charlotte Greer addressed the Commission in support of the application. She stated that she had a child in the day care. She noted that Mrs. O’Donnell was not changing what she has been doing at the site for the past 7 ½ years. In response to a question from Commissioner Adcock, Ms. Greer stated that she did not live in the neighborhood. Stephanie Greaves also spoke in support. She stated that she lives in the neighborhood and has no problem with the day care. Ruth Bell, League of Women Voters, also spoke in support of the day care use. She stated that the use was a home occupation. She noted that the day care use conformed to the State requirements. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved. March 25, 2004 ITEM NO.: E FILE NO.: Z-7548 Name: Brooks Day Care Family Home – Special Use Permit Location: 6821 Fairfield Drive Applicant: Algin Brooks Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 6821 Fairfield Drive. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Chicot and SWLR United for Progress Neighborhood Associations were notified of the public hearing. STAFF ANALYSIS: 6821 Fairfield Drive is located on the south side of Fairfield Drive, between Dailey Drive and Warren Drive. All surrounding properties are zoned R-2 and contain single family residences. The applicant’s home is a one-story brick and frame structure and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant notes that her two (2) daughters will help care for the children. The applicant also notes that the day care family home is not yet in operation at this location. The applicant is awaiting City approval prior to opening. There is a one-car concrete driveway (with gravel extension) from Fairfield Drive, with parking for three (3) vehicles, including the single-car carport. On inspection, staff observed two (2) vehicles parked on the gravel area next to the concrete driveway. The applicant has expressed an interest in constructing a concrete extension, to create a two-car driveway. There should be sufficient space for drop-off and pick-up of children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant has noted that she is licensed by the State Department of Human Services. The applicant met with personnel of the Pulaski County Circuit Clerk Recorder’s Office and was unable to locate a Bill of Assurance for this neighborhood. March 25, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7548 2 Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. There are no permitted/licensed day care family homes or day care centers within 300 feet of the site. Staff Recommendations: Staff recommends approval of the Special Use Permit to allow a day care family home at 6821 Fairfield Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. Compliance with the following additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. b. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. March 25, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7548 3 c. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. d. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. e. All vehicles must be parked on a paved surface. f. All vehicles located on the site must be operational. g. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. h. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. i. The Fire Marshall must approve use of the residence for the proposed day care family home. 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day-light hours. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) Staff informed the Commission that the applicant notified several of the surrounding property owners several days late. Staff suggested that the application be deferred to the February 12, 2004 Agenda. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 12, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. Staff noted that the applicant would need to re-notify the surrounding property owners. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home – special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review March 25, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7548 4 of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Alonzo and Algia Brooks were present, representing the application. There were two (2) persons present in opposition. Staff presented the item with a recommendation of approval. Alonzo Brooks addressed the Commission in support of the application. He noted that the driveway would be widened to a two-car drive. Chairman Rahman asked when the drive would be widened. Mr. Brooks stated that it would be widened within two (2) months. The driveway issue was briefly discussed. Staff noted that widening the driveway could be a condition of approval. Mr. Brooks amended the application to include the driveway widening. Troy Laha addressed the Commission in opposition. He stated that he observed one vehicle parked in the front yard of the residence. He noted that the neighborhood action plan for the area did not allow businesses in residences. Delores Overton also spoke in opposition. She stated that there was inadequate play area in the rear yard. She noted that the area was too busy for a day care use. She discussed traffic in the area. She stated that she was opposed to a day care being next door to her. She expressed safety issues for the children. Mr. Brooks made additional comments in support of the application. There was a motion to approve the application as amended by the applicant (driveway widening) and recommended by staff. The motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was approved. March 25, 2004 ITEM NO.: F FILE NO.: G-23-331 Name: Mary Street, Brack Avenue, Carl Street, Lucie Avenue and Alley Right-of-Way Abandonments Location: North of Asher Avenue to Lucie Avenue, west of S. Monroe Street Owner/Applicant: Various Abutting Owners/Kaufman Lumber Co. by White-Daters and Associates Request: To abandon portions of the following rights-of-way: • Mary Street – between Asher Avenue and Lucie Avenue • Brack Avenue – between Mary Street and S. Monroe Street • Carl Street – between Brack Avenue and Lucie Avenue • Lucie Avenue – between Mary Street and Carl Street • Alley Right-of-Way – within Block 25, Brack Addition (between Brack Avenue and Lucie Avenue) STAFF REVIEW: A. Public Need for these Rights-of-Way: As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonments. All of the areas to be abandoned are requested to be retained as utility easements. The Public Works Comments are as follows: 1. Public Works has no objection to the proposed street closures. Drainage easements need to be maintained in the former rights-of-way to convey storm water from adjacent property. B. Master Street Plan: The Master Street Plan classifies Mary Street, Brack Avenue, Carl Street and Lucie Avenue as local streets. Abandonment of these rights-of-way will not adversely affect the Master Street Plan, as they are not classified as collector streets or higher. March 25, 2004 ITEM NO.: F (Cont.) FILE NO.: G-23-331 2 C. Characteristics of Right-of-Way Terrain: Mary Street between Asher Avenue and Lucie Avenue is a narrow paved street with some curbs and gutters. Brack Avenue, Carl Street and Lucie Avenue are also narrow paved streets with open ditches. The north/south alley right-of-way between Brack Avenue and Lucie Avenue is undeveloped. D. Development Potential: Once abandoned, the areas of right-of-way will be incorporated into the adjacent properties, and will allow the expansion of the Kaufman Lumber Company facilities. E. Neighborhood and Land Use Effect: The general area is occupied by a mixture of uses and zoning. There is a multifamily development located along the west side of Mary Street. This development does not utilize Mary Street for access. If the abandonments are approved, the properties to the north and west will have direct access to Fair Park Blvd. via Lucie Avenue and West 32nd Street. Additionally, S. Harrison Street runs north from West 32nd Street to West 29th Street, the nearest collector street. The properties to the east will not be affected, as they will continue to have direct access to Asher Avenue via S. Monroe Street. F. Neighborhood Position: The Curran-Conway and Midway Neighborhood Associations were notified of the abandonment request. Additionally, all abutting property owners were notified of the request. As of this writing, staff knows of no objection to the abandonments. G. Effect on Public Services or Utilities: Central Arkansas Water: Retain Mary Street, Carl Street, and Brack Avenue rights-of-way as utility easement. There are existing public water mains within these rights-of-way. Little Rock Wastewater Utility: • Lucie Street from Mary Street East to Carl Street – No objection to abandonment but an easement must be retained for an existing 6” main crossing Lucie Street in the middle of the block. • Mary Street from Asher Avenue north to Lucie Street – No objection to abandonment but an easement must be retained for an existing 6” main crossing Mary Street in the vicinity of Brack Street. March 25, 2004 ITEM NO.: F (Cont.) FILE NO.: G-23-331 3 • Brack Street from Mary Street east to S. Monroe Street – No objection to abandonment but an easement must be retained for an existing 6” and 8” main located in Brack Street. Minimum 10-foot easement required. • North South Alley running from Brack Street to Lucie Street located in the block between Mary Street on the west and Carl Street on the east – No objection to abandonment but an easement must be retained for an existing 6” main located in the alley. • Carl Street from Brack Street to Lucie Street – No objection to abandonment but an easement must be retained for an existing 8” main located in Carl Street in the vicinity of Brack Street. Southwestern Bell: Before right-of-way abandonment can be approved, Southwestern Bell would require a 10 foot easement for cable on the north side of Brack Avenue from S. Monroe Street to Mary Street and crossing Brack Avenue on the east side of Mary Street to the Southwestern Bell pedestal stenciled FB 5124. Entergy: No Comments received. Centerpoint Energy (Arkla): No Comments received. H. Reversionary Rights: All reversionary rights will extend to the adjacent property owners. I. Public Welfare and Safety Issues: Abandoning these street and alley rights-of-way will have no adverse affect on the public welfare and safety. The Little Rock Fire Department has no objection to the abandonments, but notes that fire hydrants must be placed as per city code. STAFF RECOMMENDATION: Staff recommends approval of the Mary Street, Brack Avenue, Carl Street, Lucie Avenue and alley (Block 25, Brack Addition) abandonments, subject to the following conditions: 1. The areas of abandonment must be retained as utility and drainage easements. 2. Compliance with the comments as noted in paragraphs A, G and I of this report. March 25, 2004 ITEM NO.: F (Cont.) FILE NO.: G-23-331 4 SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003) Joe White was present, representing the application. Staff briefly described the proposed right-of-way abandonments. Staff explained that if the abandonments are approved, adequate vehicular circulation and access would exist for the properties to the north, west and east. The Committee briefly discussed the proposed abandonments. After the discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) Staff informed the Commission that the applicant submitted a letter on December 10, 2003 requesting that the application be deferred to the February 12, 2004 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 12, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the March 25, 2004 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Steve Giles was present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval. Staff noted that the applicant had revised the application, removing the proposed Mary Street abandonment from the application. Steve Giles addressed the Commission in support of the application. He noted that all of the staff requirements would be complied with. March 25, 2004 ITEM NO.: F (Cont.) FILE NO.: G-23-331 5 Falzool Haniff addressed the Commission in opposition. He noted that he represented a property owner along the west side of Mary Street. He noted that the property owner could not be at the meeting, and asked to defer the application. He explained that Kaufman Lumber Company often blocked Mary Street by unloading trucks in the right-of-way. There was a brief discussion regarding which properties Mr. Haniff represented. Mr. Haniff and staff pointed them out to the Commission. There was a brief discussion about which rights-of-way were proposed to be abandoned. Staff noted that Mary Street had been removed from the application. There was additional discussion pertaining to Mary Street with respect to Kaufman Lumber Company blocking the street with vehicles. Commissioner Floyd noted that the application would go to the City Board of Directors, and that Kaufman would have time to work out issues related to Mary Street. Commissioner Lowry asked staff to report the Mary Street issue to the police department. There was additional discussion pertaining to Mary Street being used by Kaufman. Mr. Giles noted that he would take care of any traffic issues that Kaufman might be in violation of. Commissioner Floyd noted that a condition could be placed on the application, prohibiting Kaufman from using the Mary Street right-of-way. Mr. Giles agreed not to unload trucks on Mary Street and made it a condition of the application. There was a motion to approve the application as revised (removing Mary Street from the request) and recommended by staff, including the condition (no unloading/parking of trucks in the Mary Street right-of-way) as added by Mr. Giles. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. March 25, 2004 ITEM NO.: G FILE NO.: Z-7570 Name: James Day Care Family Home – Special Use Permit Location: 8605 Woodson Road Applicant: Carolyn A. James Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 8605 Woodson Road. Public Notification: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Wakefield and SWLR United for Progress Neighborhood Associations were notified of the public hearing. Staff Analysis: 6805 Woodson Road is located at the southeast corner of Woodson Road and Newstead Drive. All surrounding properties are zoned R-2 and contain single family residences. There is a mixture of commercial and industrial uses to the north, along West 65th Street. The applicant’s home is a one-story brick and frame structure and is typical of those in the general area. The front yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Saturday. The applicant has noted that she will have one (1) employee, as required by the State Department of Human Services. There is a one-car concrete driveway from Woodson Road, with parking for three (3) vehicles, including a single-car carport. On inspection, staff observed four (4) vehicles parked in the rear yard on unpaved surface. The applicant informed staff that some of the vehicles will be removed from the property. The applicant has discussed constructing a concrete parking pad on the south side of the driveway and carport. There should be sufficient space for drop-off and pick-up of children. March 25, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7570 2 The applicant is currently licensed by the State to care for five (5) children. She is in the process of being licensed to keep up to 10. The applicant has noted that the majority of the children she cares for live in southwest Little Rock neighborhoods. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant met with personnel of the Pulaski County Circuit Clerk Recorder’s office and was unable to locate a Bill of Assurance for this neighborhood. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application, as long as the applicant ceases parking vehicles on the grass in the rear yard. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. There are no permitted/licensed day care family homes or day care centers within 300 feet of the site. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6805 Woodson Road, subject to the following conditions: March 25, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7570 3 1. Compliance with the site and location criteria established in Section 36- 54(e)(3). 2. Compliance with the following additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. b. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. c. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. d. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. e. All vehicles must be parked on a paved surface. f. All vehicles located on the site must be operational. g. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. h. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. i. The Fire Marshall must approve use of the residence for the proposed day care family home. 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day-light hours. March 25, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7570 4 PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home – special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant’s request for deferral, being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. March 25, 2004 ITEM NO.: H FILE NO.: Z-7571 Name: Moore Day Care Family Home – Special Use Permit Location: 4024 Apple Avenue Applicant: Margaret Moore Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the AF zoned property at 4024 Apple Avenue. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the College Station Progressive League Neighborhood Association were notified of the public hearing. Staff Analysis: 4024 Apple Avenue is located at the northwest corner of Apple Avenue and Red Apple Cove. All surrounding properties are zoned AF and contain single family residences or vacant single family lots. There is a mixture of uses further to the west along Frazier Pike, and to the north along Lindsey Road. The applicant’s home is a one-story brick and frame structure and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:30 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have one (1) part-time employee. There is a two-car concrete driveway from Apple Avenue, with parking for six (6) vehicles, including a two-car garage. There is sufficient space for drop-off and pick-up of children. On inspection, staff observed all vehicles on the site to be parked on paved surface. Staff observed no vehicles on the site which were not operational. The applicant has operated a day care family home at this address since April, 2002. The applicant has cared for five (5) to eight (8) children. The applicant has noted that the majority of the children she cares for live in the College Station and Central Little Rock area. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant has March 25, 2004 ITEM NO.: H (Cont.) FILE NO.: Z-7571 2 noted that she is licensed by the State Department of Human Services. The applicant submitted a copy of the Bill of Assurance for this neighborhood which was recorded in 1996 and appears to still be in effect. The Bill of Assurance contains the following language: “1. Land Use, Building Type and Height Restriction. The building lots herein platted shall be held, owned and used only as residential building sites, and no business, commercial, or industrial use shall be permitted thereon, with exception of the use of a Model Home by Builder site other than a single detached single-family dwelling, not exceeding two and one-half stories in height and an attached private garage. Any extra storage shed or building may not be constructed or erected unless authorized and approved by the Architectural Control Committee with exception of those construction or trailers that may be needed by Builder.” Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. There are no permitted/licensed day care family homes or day care centers within 300 feet of the site. To staff’s knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property (2 years). March 25, 2004 ITEM NO.: H (Cont.) FILE NO.: Z-7571 3 Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 4024 Apple Avenue, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. Compliance with the following additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. b. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. c. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. d. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. e. All vehicles must be parked on a paved surface. f. All vehicles located on the site must be operational. g. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. h. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. i. The Fire Marshall must approve use of the residence for the proposed day care family home. March 25, 2004 ITEM NO.: H (Cont.) FILE NO.: Z-7571 4 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day-light hours. PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home – special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. March 25, 2004 ITEM NO.: I FILE NO.: Z-7572 Name: Parks Day Care Family Home – Special Use Permit Location: 2913 Ware Street Applicant: Teresa Parks Proposal: A Special Use Permit is requested to allow a Day Care Family Home to be operated in the single family residence located on the R-2 zoned property at 2913 Ware Street. Public Notification: All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the College Terrace, Broadmoor and John Barrow Neighborhood Associations were notified of the public hearing. Staff Analysis: 2913 Ware Street is located on the east side of Ware Street, south of Archwood Drive. All surrounding properties are zoned R-2 and R-3 and contain single family residences, with a church across Ware Street to the west. Another church and the Bale Elementary/Southwest Middle School campus are located to the south along West 32nd Street. The applicant’s home is a one-story brick and frame structure and is typical of those in the general area. The rear yard is fenced and provides a safe play area. The applicant proposes to operate the day care from 6:30 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have one (1) employee. There is a two-car concrete driveway from Ware Street, with parking for six (6) vehicles, including the two-car carport. There is sufficient space for drop-off and pick-up of children. On inspection, staff observed all vehicles on the site to be parked on paved surface. Staff observed no vehicles on the site which were not operational. March 25, 2004 ITEM NO.: I (Cont.) FILE NO.: Z-7572 2 The applicant has operated a day care family home at this address since May, 2001. The applicant currently cares for nine (9) children, and 10 when her son returns home from school at 2:30 p.m. The applicant has noted that most of the children she cares for live in the neighborhood and surrounding neighborhoods. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant has noted that she is licensed by the State Department of Human Services. The applicant submitted a copy of the Bill of Assurance for this neighborhood which was recorded in 1912 and addresses no use issues. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. There are no permitted/licensed day care family homes or day care centers within 300 feet of the site. To staff’s knowledge, no complaints from neighbors have been received as long as the day care use has been located on the property (3 years). Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 2913 Ware Street, subject to the following conditions: March 25, 2004 ITEM NO.: I (Cont.) FILE NO.: Z-7572 3 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. Compliance with the following additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: a. This use may be located only in a single-family home, occupied by the caregiver and which is the full time residence of the caregiver. b. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. c. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. d. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. e. All vehicles must be parked on a paved surface. f. All vehicles located on the site must be operational. g. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. h. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. i. The Fire Marshall must approve use of the residence for the proposed day care family home. 3. There is to be no signage beyond that permitted in single family zones. 4. Outdoor activities, including playground use, are to be limited to day-light hours. March 25, 2004 ITEM NO.: I (Cont.) FILE NO.: Z-7572 4 PLANNING COMMISSION ACTION: (FEBRUARY 12, 2004) Staff informed the Commission that the application, along with the other day care family home – special use permits on this agenda, needed to be deferred to the March 25, 2004 Planning Commission agenda pending completion of the review of Ordinance regulations regarding day care family homes and special use permits. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the March 25, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 25, 2004) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. March 25, 2004 ITEM NO.: J FILE NO.: LU03-18-03 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: 15500 Chenal Parkway Request: Suburban Office to Commercial Source: Joe White, White-Daters & Associates PROPOSAL / REQUEST: Land Use Plan amendment in the Ellis Mountain Planning District from Suburban Office 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 wishes to build an automobile dealership. Staff is not expanding the application since a land use review is a part of a Neighborhood Action Plan currently being updated. EXISTING LAND USE AND ZONING: The property is mostly vacant land with a few small buildings located on the curve of Kanis Road currently zoned O-2 Office and Institutional and is about 13.5 acres ± in size. The land in the median of Chenal Parkway is zoned PR - Parks and Recreation while the north side of Chenal Parkway is vacant land zoned C-3 General Commercial. The houses in the subdivision east of the applicant’s property are zoned R-2 Single Family. A strip of vacant land along the north side of Kanis Road is zoned O-2. The south side of Kanis Road consists of vacant land zoned O-2. The neighboring land to the west consists of a business zoned R-2 on the north side of Kanis Road and a house built on a large lot south of Kanis Road. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On June 17, 2003, multiple changes were made from Office, Single Family, and Multifamily to Multifamily and Low Density Residential for an area north of Chenal Parkway and south of Rahling Road about 1/3 of a mile northwest of the study area to accommodate proposed development and recognize existing conditions. March 25, 2004 ITEM NO.: J (Cont.) FILE NO.: LU03-18-03 2 On April 17, 2001 a change was made from Single Family, Multifamily, and Park / Open Space to Community Shopping at Rahling Road and Chenal Parkway starting over ¾ of a mile to the west of the application area to accommodate proposed development. On January 4, 2000 a change was made form Office to Mixed Office Commercial at 15500 Chenal Parkway across the street north of the applicant’ property to accommodate proposed development. On April 20, 1999 a change was made from Office to Mixed Office Commercial on Chenal Parkway east of Kirk Road about ¼ of a mile west of the application area to accommodate proposed development. On March 2, 1999 multiple changes were made from Low Density Residential, Transition, and Neighborhood Commercial to Single Family, Low Density Residential, Single Family, Suburban Office, and Mixed Office Commercial along Kanis Road within one mile east of the property in question to recognize existing conditions. The applicant’s property is shown as Suburban Office on the Future Land Use Plan. The median of Chenal Parkway is shown as Park / Open Space while the land to the north is shown as Commercial. The land to the east is shown as Single Family with a small strip of Suburban Office shown on the north side of Kanis Road. The south side of Kanis Road is shown as Suburban Office. To the west, a strip of Park / Open Space is shown along the floodway of Rock Creek while Commercial is shown further to the west at the intersection of Kanis Road with Chenal Parkway. MASTER STREET PLAN: Chenal Parkway is shown as a Principal Arterial built with a four-lane Parkway cross section as required by ordinance. Kanis Road is shown as a Minor Arterial and is built as a rural two-lane road. Kanis Road needs improvement in order to conform to the Master Street Plan standards for Minor Arterials. A Class I bikeway is shown for Chenal Parkway from Bowman Road to State Highway 10. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 show a Potential Greenbelt along Rock Creek in the median of Chenal Parkway. The plan is to develop the median of Chenal Parkway as a linear park and will include the construction of the Class I bikeway shown on the Master Street Plan. HISTORIC DISTRICTS: There are no historic districts that would be affected by this amendment. March 25, 2004 ITEM NO.: J (Cont.) FILE NO.: LU03-18-03 3 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial Development goal listed an action statement that recommends the aggressive use of Planned Zoning Districts to influence more neighborhood-friendly and better quality development. ANALYSIS: This amendment would increase the area shown for Commercial uses along Chenal Parkway at the expense of areas available for office developments. A change to Commercial at this location is a further break with the original Rock Creek Parkway (now Chenal) plan, which recommended office and multifamily use along this portion of Chenal Parkway (formerly Rock Creek Parkway). The original land use pattern for the area placed low intensity land use patterns along Chenal Parkway (formerly Rock Creek Parkway) and the more intense land uses away from Rock Creek. This change would further intensify land development along the Rock Creek portion of Chenal Parkway. The primary purpose of the areas shown as Park / Open Space in the vicinity of the applicant’s property is to protect the integrity of Rock Creek. The strip of PK/OS shown along the banks of Rock Creek provides a buffer between the more intense uses west of Rock Creek from the less intense uses to the east. Development of the applicant’s property would need to be done in a manner that would minimize any run-off towards Rock Creek with the goal of preserving the ecological and hydrological integrity of the Rock Creek. This change would introduce a use in an area that is incompatible with neighboring uses. Any non-residential development of this site needs to be compatible with the adjacent residential properties. If this amendment were approved, the Planned Zoning Development process governing the development of the applicant’s property should be required. If a proposed development has design characteristics that are incompatible with residential properties, potential negative impacts from non-residential development could be minimized if the PZD process governed future proposals. The current Suburban Office category would allow non-residential development to take place at this location under the PZD process. The development of the property should be minimized in size dimensions and avoid the mass and bulk typical of commercial developments that are incompatible with neighboring residential uses. The development of the property with Suburban Office uses with a PZD increases the likelihood that the negative impacts of size, mass and bulk of development would be minimized. March 25, 2004 ITEM NO.: J (Cont.) FILE NO.: LU03-18-03 4 Any development of the applicant’s property would require access that may affect the flow of traffic on Chenal and Kanis, and would need to be designed in a manner, which would minimize any potential disruptions. The applicant’s property is situated to benefit from double frontage along two arterials. Chenal Parkway is intended to have a daily traffic count of 25,000 vehicles per day, while Kanis road is intended to have a daily traffic count of 18,000 vehicles per day. Principal Arterials are intended to serve through traffic on a regional level, while Minor Arterials are intended to serve through traffic at a more local level. The proposed change, along with vacant areas shown as Commercial, and the possibility of commercial development in vacant areas shown as Mixed Office Commercial could result in a corridor of commercial development along Chenal Parkway from the intersection of Wellington Hills Road to the western intersection of Kanis Road west of Kirk Road. The removal of Suburban Office could reduce the area of land available for the development of small-scale offices and increase the intensity of office development in areas, which would remain for quite office uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Gibraltar/Pt. West/Timber Ridge, Parkway Place Property Owners Association, Spring Valley Manor Property Owners Association, Carriage Creek Property Owners Association, St. Charles Property Owners Association, SW Little Rock UP, and WCLR Coalition of Neighborhoods. Staff has received one comment from area residents. The comment received was opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. This change is incompatible with the uses to the east. PLANNING COMMISSION ACTION: (December 4, 2003) The item was placed on the consent agenda for deferral to the January 29, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 10 ayes, 0 noes, 0 absent, and 1 recuse. March 25, 2004 ITEM NO.: J (Cont.) FILE NO.: LU03-18-03 5 PLANNING COMMISSION ACTION: (January 29, 2004) The item was placed on the consent agenda for deferral to the March 11, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (March 11, 2004) The applicant chose to defer this item for two weeks when offered because there were only eight voting members present. A motion was made to defer the item until March 25, 2004. The motion was approved with a vote of 8 ayes, 0 noes, 2 absent and 1 recusal. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Brian Minyard, City Staff, made a brief presentation to the commission. Donna James made a presentation of item J.1 so the discussion could coincide with the discussion for item J. See item J.1 for a complete discussion concerning the Long Form Planned Commercial Development. James Dietz made a presentation supporting the application. He spoke of the additional buffer to the east and the west that amounted to about three acres of landscaping and buffers on the site. He spoke of other changes to the development that was to be better to the neighbors. He said that if the site was developed for office uses, it could amount to 3600 vehicles per day instead of the estimated 600-700 trips per day for the car lot. Brian Gibson spoke in opposition to the application. He stated that this was not smart growth or smart development and was not in keeping with the neighborhood. He stated that the neighborhood knew it was office, but was not supportive of the commercial. He continued that the neighborhood action plan reviewed the Future Land Use Plan recently, and did not support any changes to the plan. He stated that they also they had discussed the over commercialization of the neighborhood in proportion to the residential development. Stan Kugman stated that this was his first home purchased. He continued stating that property values would go down and kill the neighborhood. He spoke of conflicts between Baker Elementary School and the development. March 25, 2004 ITEM NO.: J (Cont.) FILE NO.: LU03-18-03 6 David Raley spoke in opposition to the application. He stated that a body shop operating seven days a week is too intense. He stated that the noise on site would also be too intense. He preferred the office use as a buffer. Lenice Garrison is opposed to the change. She stated that she has thirty-five pages of signatures against the change. She stated that the car lot would be in the backyard of the homes on Woodcrest and asked for a more gradual change. Mr. Dietz clarified comments about the zoning application and restated the large buffers to the east and west. Tim Daters, of White Daters Engineering, presented information that if the site was developed for office uses, it could amount to 3600 vehicles per day instead of the estimated 600-700 trips per day for the car lot. He also spoke of smaller buffers if the site was developed in small lot office uses. Commissioner Bob Lowery asked Mr. Gibson about the traffic counts of the car lot versus the office development. Mr. Gibson stated that the neighborhood opposes the commercial on that site. He continued that with the soft market for offices, that they thought it would be a while before any office would be built. Commissioner Norm Floyd said the vehicle counts are the worst-case scenario. He continued that the neighborhood had expectations of O-2 uses, not C-4 uses. A motion was made to approve the item as presented. The item was denied with a vote of 0 ayes, 9 noes, 1 absent and 1 recusal. March 25, 2004 ITEM NO.: J.1 FILE NO.: Z-4841-B NAME: Pinnacle Ford Long-form PCD LOCATION: South of Chenal Parkway, east of the Kanis Road intersection DEVELOPER: Pinnacle Ford 11200 West Markham Street Little Rock, AR 72211 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 13.5 Acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: O-2 ALLOWED USES: Office and Institutional District PROPOSED ZONING: PCD and O-2 PROPOSED USE: Automobile dealership for Lot 1 and Lot 2 remaining undeveloped at this time and zoned O-2 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: In June 1987, two rezoning application, Z-4840 and Z-4841 were filed for a portion of the land under consideration. The initial request involved 12.1 acres and a second added five acres for a total of 17 acres. One request was for an O-3 reclassification, March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 2 and the other one requested a change to O-3 and C-3. Z-4840 was withdrawn without prejudice, and Z-4841, the O-3 proposal was denied by the Planning Commission. Ordinance No. 15,552 adopted by the Little Rock Board of Directors on September 6, 1988, reclassified the property from R-2, Single-family to O-2, Office and Institutional District. The adopted ordinance also placed restrictions on the development of the tract. The site was to have a 33-foot landscaped or undisturbed buffer along the Rock Creek Parkway; a 35-foot height limit for buildings; one access point on the Rock Creek Parkway; and a 40-foot minimum building setback from the property line on the Rock Creek Parkway side. The developer indicated the development would be constructed as an “attractive office park”. A. PROPOSAL/REQUEST: The applicant is requesting to rezone the site from O-2, Office and Institutional District to Planned Commercial Development (PCD) to allow the site to develop with two (2) lots, one containing an automobile dealership and the second lot remaining zoned O-2. Lot 1 will contain 11.49 acres and Lot 2 will contain 2.0 acres. Pinnacle Ford is requesting to develop Lot 1 for their new car and used car operations. At present there are no development plans for Lot 2, which would be developed and final platted at a later date. The applicant is requesting a two year deferral of street improvements to Kanis Road for Lot 1. The applicant has indicated street improvements to Kanis Road for Lot 2 will be constructed with the final platting of the lot. The applicant has indicated two structures will be constructed on Lot 1. One will house the new car showroom and service areas and contains up to 31,400 square feet. The building also contains “hospitality zones” such as children’s play area, customer work area with phone access, laptop stations, desktops etc., and a café for customers while waiting (not food service). The other building is for pre-owned vehicle sales and clean-up and contains approximately 3,600 square feet. Other development considerations included by the applicant are all exterior lighting will be focused inward to minimize or eliminate ambient light into adjacent neighborhoods, there will be no outside paging allowed at the dealership and there will be no off-loading of vehicles in the public right-of-way. The applicant has indicated a 100-foot buffer along the east side of proposed Lot 1 with the area to be set aside as an undisturbed buffer adjacent to the residential property. There are no development plans for Lot 2 which is proposed to remain zoned O-2, Office and Institutional District. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 3 B. EXISTING CONDITIONS: The western portion of the site is vacant and cleared with trees remaining on the site along the eastern perimeter. The site is relatively flat with roadway access to both Chenal Parkway and Kanis Road. Chenal Parkway in this area is a divided roadway with the two eastbound lanes adjacent to the site. Kanis Road is an unimproved narrow road with open ditches for drainage. To the east of the site is a fully developed single-family neighborhood, Wood Creek. To the north of the site is the divided parkway with C-2 zoned property located to the north. The area to the south of the site is vacant O-2 zoned property abutting Pride Valley Road extending to the west. A PCD is located southwest of the site which is currently an agriculture nursery. West of the site is Rock Creek with Kinco Construction Company buildings located on the western bank of the creek. Other uses in the area include a PD-C approved (construction has not taken place) for Parker Saturn automobile dealership located on the corner of Wellington Hills Road and Chenal Parkway, a church, a PCD for a home improvement store and a vacant C-3 zoned tract. The Kroger shopping center, also zoned PCD, is located on the southwest corner of Chenal Parkway and the current Kanis Road intersection. The Master Street Plan indicates Kanis Road turning north along the western boundary of the Kinco property to align with Wellington Hills Road. Kanis Road adjacent to this site is classified on the Master Street Plan as a minor arterial street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several phone calls and letters of opposition to the proposed development. The Parkway Place Property Owners Association, the Gibralter Heights/Point West/Timber Ridge Neighborhood Association, all residents located within 300-feet of the site who could be identified and all property owners located within 200-feet of the site were notified of the public hearing. In addition a neighborhood meeting was held November 11, 2003 at the Parkway Place Baptist Church. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The proposed right-of-way dedication on Kanis Road meets the minor arterial standard. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 4 2. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development. Traffic Engineering comments are as follows: - Driveway needs to be designed according to Chenal Master Plan Standards - Driveway taper needs to be 150-feet 3. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities. Submit cross sections demonstrating compliance with the terracing provisions of the land alteration ordinance. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. 4. Storm water detention ordinance applies to this property. Show the proposed location of storm water detention facilities on the plan. 5. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 6. Hauling of fill material on or off the site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more information. 7. The eastern-most driveway location does not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The drive can be moved west to 150-feet from proposed Lot 2 or can share a single driveway with Lot 2. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, if service is required for the project. Contact the Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: A 20-foot easement behind the new right-of-way line for relocation of existing 3Ø overhead power line. Contact Entergy at 954-5158 for additional details. 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 connection(s) will apply to this project in addition to normal charges. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. This development will have minor impact on the March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 5 existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional details. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Suburban Office for this property. The applicant has applied for a Planned Commercial Development for a car dealership. A land use plan amendment for a change to Commercial is a separate item on this agenda (Item #13 – File No. LU03-18-03). Landscape: The proposed western land use buffer is less than the fifty (50) foot average width requirement of the zoning ordinance. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern and western perimeters. Credit toward fulfilling this requirement can be given for existing trees and vegetation that satisfies this year-around requirement. An irrigation system to water landscaped areas will be required. Prior to obtaining a building permit, it will be necessary to provide approved landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many trees as feasible on this site. Extra credit toward fulfilling landscape ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial Development goal listed an action statement that recommends the aggressive use of Planned Zoning Districts to influence more neighborhood- friendly and better quality development. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 6 G. SUBDIVISION COMMITTEE COMMENT: (November 6, 2003) Mr. Tim Daters and Mr. Gary Dean were present representing the request. Staff presented an overview of the development indicating the site would require an amendment to the City’s Future Land Use Plan. Staff noted there were additional items needed to complete the review of the proposed development. Staff questioned the applicant’s intent with regard to the median. The applicant indicated they would not request the median be cleared as a part of the Master Parks Plan. Staff questioned placement of any proposed dumpsters, where the delivery of automobiles would be taken, the location of the service shop, the hours deliveries would be taken and if there would be an on-site auto body repair shop. Public Works comments were addressed. Staff noted special grading permits would be required prior to development. Staff also noted the storm water detention ordinance applied to the property. Staff requested the applicant relocate the driveway along Kanis Road to the west to 150-feet or to share a drive with proposed Lot 2. Landscaping comments were addressed. Staff noted the western land use buffer was less than the fifty foot average width required per the zoning ordinance. Staff also noted a six foot high opaque screen would be required along the eastern and western perimeters. Mr. Dean questioned if the 100-foot buffer would suffice for the required screening. Staff stated if the buffer remained evergreen, then the area would meet the requirement, otherwise the applicant would be required to plant shrubs in this area to provide the year around screening. Mr. Dean commented the property located to the west was zoned residentially but was not being used as a residential use. Staff noted the Planning Commission could deem the required screening unnecessary. Staff noted the required screening to the west was a fifty foot average. Staff also noted screening would be required adjacent to proposed Lot 2. There being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing a few of the issues raised at the November 6, 2003 Subdivision Committee meeting. The applicant has indicated the location of the proposed dumpster and the required screening. The proposed dumpster is to be located adjacent to the proposed 100-foot March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 7 undisturbed buffer. The applicant has indicated screening will be placed on three sides as required by the zoning ordinance at least two feet above the top of the container. The applicant has indicated there will not be a body shop at this site. The applicant has indicated the parts and service hours of operation from 7:00 am to 6:00 pm Monday through Friday and from 8:00 am to 4:00 pm Saturday. The sales hours of operation are proposed from 8:00 am to 8:00 pm Monday through Friday and from 9:00 am to 7:00 pm Saturday and Sunday. The applicant has indicated 125 customer and employee parking spaces, 56 service parking spaces and 419 display spaces. One hundred of the employee and customer parking spaces are around the new car showroom, which is adjacent to the proposed 100-foot buffer. This area has separate gates for security to be closed during non-business hours. The applicant has also indicated a gates at all entrances to limit activity on the site when the business is not open. The gates are proposed as steel gates located across each drive of Kanis Road and Chenal Parkway. The applicant has not relocated the driveway along Kanis Road. The applicant has indicated with the drive at the shown location there is a “straight shot” to the service shop for customer traffic and for delivery of automobiles. The driveway does not meet the minimum requirement for driveway spacing per city ordinances. In addition, the proposed street construction along Chenal Parkway does not meet the Chenal Parkway street design criteria established through Ordinance Numbers 16,622 and 16,652. The applicant has indicated signage on Chenal Parkway and Kanis Road. The proposed signage will comply with the Chenal Parkway Design Overlay District requirement for a monument style sign not to exceed eight feet in height and one hundred square feet in area. There is also a ground mounted monument sign proposed for Kanis Road. The applicant has indicated this sign will also comply with the Chenal Overlay requirements. The site plan includes a tract of O-2 zoned property. Through the PCD the applicant is requesting the subdivision of this tract but is requesting the parcel remain zoned O-2. The proposed lot meets the minimum requirement for the O-2 zoning classification. The applicant is proposing the placement of 11.23 percent of the site including a 1.29 acre buffer along the eastern perimeter of the site as interior landscaping. The applicant has indicated the screening will be zoned OS too ensure the vitality of the area. The applicant has also indicated should the 100-foot buffer not provide year around screening additional plantings will be installed. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 8 Staff is not supportive of the proposed request. Staff feels the proposed use is too intense for the site. The site adjoins a single-family neighborhood to the east and an elementary school is located in close proximity to the southeast. Currently the infrastructure is not in place to allow customers traveling west bound to access the site. The applicant has indicated customers will access the site from Kanis Road, which staff questions. Staff also has concerns with the delivery of automobiles, both the logistics of how the automobiles will be delivered and the hours the automobiles will be delivered. The applicant has not indicated the proposed delivery hours. Staff also has concerns with the location where deliveries will be taken. Currently staff has problems with automobile dealers in the general area taking deliveries in the right-of-way. The site is adjacent to two principal arterials and delivery in the right-of-way would be extremely dangerous. Kanis Road is a two lane roadway with open ditches for drainage, Chenal Parkway is a four lane road with a median but is well traveled. Staff feels allowing the use to locate on the site will invite cut-through traffic through the existing Wood Creek Subdivision. Staff has concerns of the noise from the site. The applicant has indicated there will be no outdoor paging as a part of the development but there are other noises that the site will generate. The applicant has indicated a repair shop to be located on the site. The shop will potentially hold twenty-eight cars waiting for service and the applicant has indicated an area for express service with a potential for eight cars. Staff feels this would generate a large amount of noise from impact wrenches and traffic moving around the site. The applicant has requested a two year deferral of the required street improvements to Kanis Road. Staff is not supportive of this request. If the site is developed with a heavy commercial use (a C-4 commercial use) staff feels the street improvements should be put in place at the time of development. The applicant has indicated Kanis Road will be used to access the site for service and for the off-loading of inventory. As stated, staff is not supportive of the proposed request. Staff feels the rezoning of this site to a commercial classification will encourage additional commercial development in the area. The Parkway has commercial uses at each end and along the divided median the area is predominately residential. Staff feels this should remain the case with the office zoning providing a transition between the single-family homes to the east and the non-conforming commercial use located across Rock Creek. I. STAFF RECOMMENDATION: Staff recommends denial of the proposed request. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 9 PLANNING COMMISSION ACTION: (DECEMBER 4, 2003) Mr. Joe White was present representing the request. There were several registered objectors present. Staff stated the applicant had requested this item be deferred to the January 29, 2004 Public Hearing. Staff stated they were supportive of the request. There was no further discussion of the item. The item was placed on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (JANUARY 29, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff stated the applicant submitted a letter requesting the item be deferred to the March 11, 2004 Public Hearing. Staff stated they were supportive of the request. There was no further discussion of the item. The item was placed on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 noes, 0 absent and 1 Recuse (Commissioner Pam Adcock). PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Joe White was present representing the request. There were numerous registered objectors present. The Chair stated the Commission’s past policy had been to allow an applicant to defer an item when eight or fewer Commissioners were present. The Chair noted with Commissioner Adcock recusing from the discussion there were only eight Commissioners present. Mr. Joe White stated on behalf of the applicant, he would like to request a deferral to the March 25, 2004 Public Hearing. There was no further discussion of the item. A motion was made and approved to defer the item to the March 25, 2004 Public Hearing by a vote of 8 ayes, 0 noes, 2 absent and 1 recuse (Commissioner Pam Adcock). PLANNING COMMISSION ACTION: (MARCH 25, 2004) Mr. James Deitz was present representing the request. There were several registered objectors present. Staff presented the item with a recommendation of denial. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 10 Mr. Deitz addressed the Commission discussing the merits of the request. He stated the proposed development indicated a 100-foot zoned Open Space buffer adjacent to the single-family neighborhood to the east. He stated the site also included a 50-foot buffer to the west adjoining Rock Creek. He stated the development contained eleven percent total landscaping or three acres of landscaping, which was more than the minimum required landscaping. He stated the improvements would be constructed to both Kanis Road and Chenal Parkway at the time of development as required by the Public Works comments in the staff report. He stated the site would be lite with down lighting to minimize spilling onto adjoining properties. He stated the owners had addressed all the concerns of the neighborhood with the exception of one. He stated the neighborhood did not want an automobile dealership, which was the request. Mr. Brian Gibson addressed the Commission in opposition of the proposed request. He stated the neighborhood was not opposed to growth or to expansion. He stated the neighborhood was concerned with Smart Growth and Smart Development. He stated an automobile dealership was neither. Mr. Gibson stated the request was not in keeping with the neighborhood and was out of character with the neighborhood. He stated the residents were aware the property was zoned for an office use and a commercial uses was not what the residents had intended when they purchased their homes. Mr. Gibson stated the neighborhood recently completed an up-date to their neighborhood action plan. He stated as a part of the process the neighborhood reviewed the zoning and future land use plan for the area. He stated changes were not recommended for the site. He stated the neighborhood intended the site to develop as an office use to buffer the nearby commercial uses and allow a transition between the area commercial to the west and the single-family homes to the east. He stated the only comparable area was located on South University Avenue. He stated the dealership would be a quality development initially but the concern was ten to fifteen years in the future. He stated it was important to maintain the vitality of the neighborhood for the future. Mr. David Ebinger, Ms Sharon Taghizadeh, Mr. Bruce Maurer and Mr. Jerry Garrison chose not to addressed the Commission but indicated opposition to the proposed request. Mr. Stan Kligman addressed the Commission in opposition of the proposed request. He stated the residents were not in favor of the dealership locating on the site. He stated the representatives of the dealership had indicated 800 automobiles would be housed on the site. He stated this would generate traffic through the neighborhood with customer test driving automobiles and trying to find the entrance to the dealership. He stated the development of the site as a automobile dealership would reduce the value of their homes and reduce the quality of life the residents currently enjoyed. March 25, 2004 ITEM NO.: J.1 (Cont.) FILE NO.: Z-4841-B 11 Mr. David Raley addressed the Commission in opposition of the proposed request. He stated he was a resident of the Wood Creek Subdivision. He stated his concern was related to traffic and noise. Mr. Raley stated the dealership would have a repair shop which would generate noise from impact wrenches and the moving of automobiles. He stated there was a fear that the rezoning would generate additional commercial zonings in the area. Mr. Raley stated the existing zoning allowed a transition between the more intense commercial uses to the west and the homes to the east. Ms. Lenice Garrison addressed the Commission on behalf of the Parkway Place Neighborhood Association. She stated the neighborhood had met with the developers and review the proposed development plan and were not in favor of the rezoning request. She stated the neighborhood ws comfortable with the site developing as an office use. She stated the neighborhood had submitted to the Commission 35-pages of names in opposition of the proposed request. She stated most of the homes had a 100-foot back yard and even with the proposed buffer the dealership would be in the residents back yard. Mr. Deitz stated there would not be a body shop as part of the development. He stated the owners had generated traffic numbers based on the site as it could be developed vs. the proposed traffic generated from an automobile dealership. Mr. Deitz stated the dealership had committed to moving the door away from the neighborhood and heating and cooling the building to allow the doors to remain closed. He stated the automobile dealership would generate approximately 500 trips per day where an office development would generate 3000 to 3500 trips per day. He stated the development had committed to designating an area for off-loading of inventory and delivery would not be taken in the right-of-way. He stated the development had no intentions of clearing the median but the area was designated on the city’s parks plan and the city could clear the median for development of the park at any time. Mr. Tim Daters addressed the Commission on behalf of the applicant. He stated the proposed development of an office complex was in compliance with the existing zoning. He stated the maximum building height would be 35-feet and two story. He stated the buffer would be reduced to the minimum or 15-feet. He stated the site would contain smaller lots and smaller buffers than proposed by the automobile dealership. There was a general discussion concerning the proposed development and the existing zoning allowable development of the site. Mr. Gibson stated the neighborhood was not concerned with the “what-ifs”. He stated the neighborhood was comfortable with the site developing as a suburban office use. He stated the applicant had indicated maximum build-out not probable build-out. He stated an office was used in the day and quiet at night. A motion was made to approve the development as proposed. The motion failed by a vote of 4 ayes, 4 noes, 1 Absent, 1 Recuse (Commissioner Pam Adcock) and 1 Abstention (Commissioner Bill Rector). March 25, 2004 ITEM NO.: K FILE NO.: S-993-K NAME: Mabelvale Business Park and Shopping Center Revised Preliminary Plat LOCATION: on the south side of the I-30 Frontage Road at Mabelvale Pike DEVELOPER: Ashley Development Company 2851 Lakewood Drive Little Rock, AR 72116 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 13.53 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 16, 1993, the Planning Commission approved a one lot commercial (lease lot arrangement) subdivision for a 61.6-acre property. Internal roadways were approved as a private street system. On August 7, 1997, the Planning Commission approved a preliminary plat to convert the single tract lease lot arrangement to a conventional commercial plat. The approved plat included seven (7) lots and three (3) large tracts, set aside for future platting. The private street system was also approved as part of the preliminary plat. On March 30, 2000, the Planning Commission approved a revision to the previously approved preliminary plat by splitting a lot into two (2) lots and proposed a lot design for March 11, 2004 ITEM NO.: K (Cont.) FILE NO.: S-993-K 2 the three large tracts. A total of 21 lots were proposed for the subdivision. The lots were to be final platted based on market demand. The Planning Commission approved several of the lots as double frontage lots. (where lots abut a private street the Commission may approve this configuration). To date, Lots 1, 2A, 2B, 2C, 3, 4, 5, 6, 14 and 16 along with the roadway have been final platted and developed. A Conditional Use Permit was reviewed and approved by the Planning Commission for Lot 14 at their March 3, 2003 Public Hearing. The applicant indicated a fifty-foot buffer along the west property line. A. PROPOSAL/REQUEST: The applicant is requesting a revised preliminary plat for the Mabelvale Business Center Addition. Lot 14 was indicated on the previously approved preliminary plat and has been final platted. The lot contains the a Home Depot store. The site is zoned C-3 and takes access from a sixty-foot private access and utility easement, Mabelvale Plaza Lane. The area indicated as Lot 20 is also zoned C-3 and fronts Mabelvale Pike. The request is to include additional area to the plat (Lot 20) and to adjust the lot line of Lot 14. The applicant has indicated by reducing the size of Lot 14 by approximately 16,000 square feet allows Lot 20 to become a more desirable lot by increasing the overall depth of the lot. The applicant has indicated one-half street improvements to Mabelvale Pike will be completed to arterial standards. The applicant has also indicated sidewalks will be installed at the time of building construction. B. EXISTING CONDITIONS: The site contains the Home Depot store and proposed Lot 20 contains single- family structures. The area to the north and east are vacant both zoned C-3, General Commercial District. Other uses in the area include a strip retail center, Wal-Mart and several restaurants. There are office uses fronting the I-30 Frontage Road. Along Mabelvale Pike there are residential uses both in single- family and duplex housing. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from area residents. Southwest Little Rock United for Progress, the West Baseline Neighborhood Association, the Pinedale Neighborhood Association, the Mavis Circle Neighborhood Association and all abutting property owners were notified of the public hearing. March 11, 2004 ITEM NO.: K (Cont.) FILE NO.: S-993-K 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With final platting or the building permit, Mabelvale Pike must be constructed to Master Street Plan standards. Improvements should match to turn lane into Mabelvale Plaza Lane. 2. The proposed drive location appears too close to the curve to provide safe sight distance. Drive location should be moved south, obtain approval from Traffic Engineering. 3. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering (501) 379-1813 (Steve Philpot) fro more information regarding street light requirements. 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 start of construction. 5. Plans of all work in the right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of- way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. SBC: Approved as submitted. 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. The private waterline serving Home Depot must be entirely on Lot 14 and must be relocated if this replat causes it to be off of the parcel which it serves. 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 CAW at 992-2438 for additional details. March 11, 2004 ITEM NO.: K (Cont.) FILE NO.: S-993-K 4 Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: A 9-foot wide landscape strip will be required along each side of the proposed new perimeter lot lines. G. SUBDIVISION COMMITTEE COMMENT: (January 8, 2004) Mr. Tim Daters was present representing the request. Staff presented the request indicating there were additional items that should be included on the proposed preliminary plat. Staff questioned if Home Depot was the current owner of Lot 14. Mr. Daters stated the transfer of the property from the Ashley Group to Home Depot had taken place. Staff requested Home Depot be included in the certificate of owners. Staff also commented the Conditional Use Permit for the Home Depot would require a revision to allow the plat to be configured in the proposed manner. Staff stated the previous approval included a 50-foot buffer and the current buffer was reduced to approximately 10-feet. Mr. Daters stated he would contact the owners and follow up with the revision to the Conditional Use Permit. Public Works comments were briefly discussed. Staff stated construction of Mabelvale Pike would be required to Master Street Plan standard. Staff stated deferral of the sidewalk construction was a desirable alternative. Landscaping comments were noted. There, being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat to staff addressing the issues raised at the January 8, 2004 Subdivision Committee Meeting. The applicant has indicated a ten foot minimum buffer between the Home Depot parking lot and the new lot line. The applicant has also submitted a revision to the Home Depot Conditional Use Permit (Item No. 20 – File No. Z-3459-H) reducing the western buffer area to match the proposed lot line. The applicant has indicated a jog in March 11, 2004 ITEM NO.: K (Cont.) FILE NO.: S-993-K 5 the proposed lot line near the intersection with Mabelvale Plaza Drive, which allows the Home Depot sign to remain on their ownership. The applicant has indicated Home Depot on the proposed plat along with the source of title for Home Depot. The applicant has indicated one-half street improvements will be installed on Mabelvale Pike at the time of final platting. The applicant is however requesting a deferral of sidewalk improvements until building permit. Staff is supportive of this request. Otherwise, to staff’s knowledge, there are no outstanding issues associated with the proposed request. The development of the additional lot and the reconfiguration of the existing lot should have minimal to no adverse impact on the adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the request as filed subject to compliance with the conditions outlined in paragraphs D, E and F of the above staff report. Staff recommends approval of the requested deferral of sidewalk placement along Mabelvale Pike until building permit. PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff presented the item requesting a deferred to the March 25, 2004 Planning Commission Public Hearing. Staff stated the item was related to a conditional use permit filed for the current agenda and since there were issues related to the conditional use permit staff was requesting the deferral to allow the items to be discussed simultaneously. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. There was no further discussion of the item. The Chair placed the item for inclusion on the consent agenda for approval. The item was approved as presented by staff by a vote of 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: L FILE NO.: Z-3459-H NAME: Home Depot – Revised Conditional Use Permit LOCATION: Mabelvale Plaza at I-30 OWNER/APPLICANT: Home Depot USA, Inc./Greenberg Farrow Architecture PROPOSAL: A revision to Home Depot’s previously approved conditional use permit is requested to allow for the removal of a portion of a 50 foot wide land use buffer along the site’s western perimeter. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Pinedale and Mavis Circle Neighborhood Associations were notified of the request. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 19, 2004) The applicant was present. Staff presented the item and noted the plan needed to be modified to more clearly show the proposed new property line, the location of the Home Depot sign and the width of the remaining landscape strip on the western perimeter. There were no other issues. The Committee forwarded the item to the full Commission. STAFF REPORT: On April 3, 2003, the Planning Commission approved a conditional use permit allowing Home Depot to construct a new home center on this C-3 zoned 12± acre tract. The approved development included a 102,513 square foot building, 34,643 square feet of garden center and 426 parking spaces. Parking has since been expanded to 458 spaces. At the time of the original approval, the properties adjacent to the west (between Home Depot and Mabelvale Pike) were all zoned R-2 Single Family. Home Depot was required to place a 50-foot wide buffer and a 6 foot tall screening fence along its west perimeter where adjacent to the residential properties. Since that date, some of the adjacent properties have been rezoned to C-3. A preliminary plat application has been filed to subdivide those adjacent properties into new commercial lots. A portion of the Home Depot property is proposed to be added to the new lots through this plat. See file No. S-993-K, Mabelvale March 25, 2004 ITEM NO.: L (Cont.) FILE NO.: Z-3459-H 2 Business Park and Shopping Center revised preliminary plat, which is also on this agenda. Home Depot is requesting approval of a revision to its C.U.P., allowing up to 40 feet of the western buffer to be eliminated and that area to be removed from the Home Depot site and added to the new lots. The proposed change only affects the portion of the Home Depot site which is adjacent to the C-3 zoned properties. The required buffer and screening will remain in place where the adjacent properties are zoned R-2. Staff is supportive of the revision. Since the adjacent properties are now zoned C-3, no land use buffer or screening are required. A 10-foot wide landscape strip will remain along the affected portion of the Home Depot site; exceeding the Landscape Ordinance minimum requirement of a 9 foot strip. On February 25, 2004, the applicant submitted a revised site plan clearly showing the new property line, landscape strip and sign location. All comply with Ordinance standards. To staff’s knowledge there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested revision subject to compliance with the conditions previously required when the C.U.P. was originally approved on April 3, 2003 (Z-3459-F). PLANNING COMMISSION ACTION: (MARCH 11, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the March 25, 2004 Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. March 25, 2004 ITEM NO.: L (Cont.) FILE NO.: Z-3459-H 3 The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: M FILE NO.: Z-7563 NAME: Rock House Short-form POD LOCATION: 715 North University Avenue DEVELOPER: Rock House, LLC 11500 North Rodney Parham Road Little Rock, AR 72212 ENGINEER: Rickett Engineering, Inc. 78 Aberdeen Drive Little Rock, AR 72223 AREA: 1.72 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-5, Urban Residential District ALLOWED USES: High Density Residential Units of not more than 36-units per acre PROPOSED ZONING: POD PROPOSED USE: Office (General and Professional) with the 25 percent of the gross floor area being available for selected commercial uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is proposing the placement of a two-story office building consisting of 18,000 square feet of general and professional office uses with provisions for some light commercial uses should they fit with office occupancy. The proposed site plan includes fifty-nine on-site parking spaces. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 2 The applicant is requesting to be allowed 25 percent of the gross floor area (4,500 square feet) be allowed to be utilized by the following listed uses: Barber/Beauty Shop, Book and Stationary Store, Drugstore, Florist, Optic Shop, Clothing, Hobby Shop, Jewelry, or Tailor Shop. Included in the filing is a petition for abandonment of Grant Street and “G” Street. Grant Street currently ends at the intersection of “F” Street. The applicant is proposing an extension of Grant Street approximately 120 feet from “F” Street to the property line and creating adequate turn around in the parking lot for emergency vehicles. B. EXISTING CONDITIONS: The property now consists of twelve residentially zoned lots in Blocks 9 and 10 of the Lincoln Park Subdivision and a portion of Grant Street which has never been constructed. The property is bounded by University Avenue to the west, “G” Street (not constructed) to the north, a closed alley to the east, and a dwelling and small office building to the south. Steep grades to the east and north lead down to a drainage canal. Access to the site from University Avenue is right turn only. An abandoned house with a stone exterior currently sits on the site. Frontage along University Avenue is predominantly occupied by office and commercial uses, with a few remaining single-family dwellings. To the east of the site are residential uses adjacent to the drainage canal. Other uses in the area include the Catholic Boys school a strip retail center and a public library. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Hillcrest Residents Neighborhood Association, Evergreen Neighborhood Association, all owners of property located within 200-feet of the site and all residents who could be identified located within 300-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The site plan as proposed cannot be approved. An un-stable fill was placed on this site in the regulated floodway of Coleman Creek and there are un- resolved enforcement issues. A large portion of the site is within the mapped floodway and floodplain. Before site plan review, a restoration plan must be provided for the site, and a required for a Letter of Map Revision must be prepared and submitted through this office to the Federal Emergency Management Agency. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 3 2. All fill slopes must conform to the land alteration ordinance. Slopes must be at 3:1 or benched with erosion protection provided. 3. A special grading permit for Flood Hazard Areas will be required per Section 8-283 prior to any construction. Approval from the Little Rock District Corps of Engineers may also be required. 4. University Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55-feet from centerline will be required. 5. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5-foot sidewalk with the planned development. The right turn lane for “H” Street would need to be extended across the frontage. 6. Contact Traffic engineering at (501) 379-1816 for guidance of the driveway location and configuration. The design must provide for a directional right-in, right-out island and minimize traffic conflicts near the right-of-way line. 7. Storm water detention ordinance applies to this property. 8. Dedication of the Floodway and a 25-foot access easement adjacent to the floodway will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Existing sewer main on property. No permanent construction within five foot either side of existing sewer main. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center-Point Energy: Approved as submitted. SBC: The proposed right-of-way will require approval from the SBC right-of-way engineer. Contact SBC at 373-5112 for additional details. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met before service is resumed. The Little Rock Fire Department needs to evaluate this site to determine the location of public and/or private fire hydrant(s), which will be required. A water main extension and additional fire hydrant(s) will be installed at the Developer’s expense. 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 CAW at 992-2438 for additional details. Fire Department: Increase the south driveway to a minimum of 20-feet in width. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 4 County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights – Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a Planned Office Development for O-1 Quiet Office Uses. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning & Land Use goal lists an objective of no net loss of residential units by demolition or conversion to other uses. Landscape: A portion of the proposed land use buffer along the southern perimeter is less than the 6-foot 9-inch minimum allowed. This takes into account the reduction allowed within the designated mature area of the city. A 6-foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required to help screen this property from the residential properties to the east and south. An irrigation system to water landscaped areas will be required. G. SUBDIVISION COMMITTEE COMMENT: (January 8, 2004) The applicant was present representing the request. Staff stated the site plan as proposed could not be approved. Staff stated an un-stable fill was placed on the site in the regulated floodway of Coleman Creek and there were un-resolved enforcement issues. Staff stated a large portion of the site was within the mapped floodway and floodplain. Staff stated a restoration plan had been filed and approved by the Public Works Department. Staff stated before a site plan review could be approved located in the floodway, a restoration plan would have to be provided for the site, and a Letter of Map Revision prepared and submitted through the City to the Federal Emergency Management Agency. Staff stated the process was quite lengthy and they felt the request should be withdrawn awaiting the FEMA decision. Additional Planning, Landscaping and Public Works comments were addressed to allow the applicant information that would be expected if and when the site were approved for development. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 5 There being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary site plan to staff addressing most of the issues raised at the January 8, 2004 Subdivision Committee meeting. The applicant has indicated the previously approved restoration plan will be implemented for the site. Areas of fill will be removed from the floodway and the slopes will be flattened to a maximum of 3:1. The applicant has indicated an easement along the rear parking area will be dedicated for access to the floodway. The applicant has also indicated a dedication of right-of-way for University Avenue from the existing centerline of fifty-five feet as required by the Master Street Plan ordinance. The applicant has also indicated a right-turn lane will be installed adjacent to the site and the applicant will coordinate with Traffic Engineering to determine the exact requirements. The applicant has indicated the proposed signage on the site plan along with a note stating the signage will be a ground mounted sign and comply with the sign area allowed in office zones or a maximum of six feet in height and seventy-two square feet in area. Staff is supportive of the proposed signage. The applicant has provided a proposed maximum building height of forty-five feet. The applicant is proposing a two story building. The proposed elevation indicates the building will contain a metal roof and the building will contain glass fronts. The applicant has indicated architectural plans have not been finalized indicating construction materials have not been fully determined. Staff would suggest the building follow design recommendations set forth by the Urban Land Institute for redevelopment of the area. The site lies in the secondary area reviewed by the Urban Land Institute for redevelopment possibilities (University Avenue from Lee Street north to Evergreen Drive. The primary focus of the study was the area along West Markham Street from Pine Street to University Avenue and on University Avenue from West Markham Street to Lee Street.) “The panel did not suggest changes of the northern portion of the secondary area, other than to continue to recognize it as a Hillcrest neighborhood border that needs to be protected.” The panel suggested the adoption of specific guidelines and controls that would result in less visual clutter and provide greater convenience for pedestrians. The panel also stated the design guidelines can help to safeguard the Hillcrest neighborhood and concentrate mixed use development. The panel suggested the adoption of design guidelines that would ensure compatibility with the bordering Hillcrest residential neighborhood. Staff feels the building could be designed and March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 6 constructed to enhance the neighborhood with regard to architectural style and construction materials. The applicant has indicated a desire to close portions of two (2) streets located within the development. The applicant has indicated a portion of Grant Street will be closed from the applicant’s northern property line to the applicant’s southern property line or approximately 210 feet. The applicant is also requesting the closure of a portion of “G” Street from University Avenue to the applicant’s eastern property line. The applicant is the sole owner of the properties of Grant Street. There is an adjoining property owner to the north, which would gain the northern portion of the abandoned Grant Street right-of- way. Staff has been contacted by the property owner located to the south of the site stating his desire to close Grant Street from “F” Street to the intersection with “G” Street (the northern boundary of the applicant’s property). There are existing utilities located in these right-of-ways and all would be required to be maintained as utility easements. Staff feels this issue should be resolved prior to approval of the proposed rezoning request. Staff feels should the street be closed from “F” Street to the applicant’s southern property line the site plan will change significantly. The proposed site plan indicates a total of fifty-nine parking spaces. The typical minimum parking required for an 18,000 square foot office building would be forty-five parking spaces. The proposed parking is more than adequate to meet the typical minimum parking demand. Staff is supportive of the proposed use of the property as general and professional office uses and the allowance of up to twenty-five percent of the gross floor area to be utilized by the specified uses listed in paragraph A of this report. Since the applicant is requesting only general and professional office ues for seventy-five percent of the gross floor area, not a broader list of uses, such as O-1, O-2 or O-3 with the associated accessory uses; staff supports the specific proposed uses for the remaining twenty-five percent. The proposed use is consistent with the future land use plan. Staff would however suggest the overall design be given consideration and the recommendations of the Urban Land Institute be followed to protect the integrity of the neighborhood. Staff also recommends the applicant resolve outstanding issues related to the closure of “F” Street prior to I. STAFF RECOMMENDATION: Staff recommends the right-of-way issue related to the closure of “F” Street be resolved prior to consideration of the rezoning request. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 7 PLANNING COMMISSION ACTION: (JANUARY 29, 2004) The applicant was present representing the request. Staff stated a portion of the request was to close Grant Street within the development. Staff stated the property owner to the south was also requesting the closure of Grant Street adjacent to his property. Staff stated if the street south of the development were closed then this would affect the proposed site plan currently submitted for review. Staff presented a recommendation of deferral to the March 11, 2004 Public Hearing to allow the owner of the property to the south sufficient time to make application for the street closure adjacent to his property and to allow the Commission to review the Grant Street street closure request at the same hearing. There was no further discussion of the item. The item was placed on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MARCH 11, 2004) The applicant was present representing the request. There were no registered objectors present. Staff presented the item indicating a deferral was being requested. Staff stated they were requesting the deferral to the March 25, 2004 Planning Commission Public Hearing to allow the item to be discussed with an item filed for the March 25, 2004 Public Hearing related to the requested street closure. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Mr. Todd Hart was present representing the request. There were two registered objectors present. Staff presented the item with a recommendation of approval. Staff then presented Item No. 1 with a recommendation of denial of the request. Mr. Haywood Weedman addressed the Commission in opposition of the proposed request. He stated he was the property owner located to the south of the proposed Rock House Development and he was requesting the entire roadway be closed or no portion of the roadway be closed. He stated the proposed road would run adjacent to the rear of his home and he was opposed to the increased traffic. Mr. Weedman stated this was one of the few remaining portions of Grant Street remaining from West Markham Street to Cantrell Road. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 8 Mr. Todd Hart addressed the Commission as the applicant. He stated the existing house on the site was in disrepair and was no longer livable. He stated the desire was to close two sections of streets, a portion of Grant Street and a portion of F Street, to allow the development to occur. He stated it was unlikely that Grant Street would ever continue due to grades and the creek along the north property line. He stated the desire of the development was to have two access points. He stated as indicated by staff the development would be difficult if there was only one access point from University Avenue. Commissioner Adcock questioned if the two access points were critical to the development. Mr. Hart stated the two access points would better serve the development. Commissioner Adcock questioned if there was a median cut on “F” Street at University Avenue. Mr. Hart stated there was not. Mr. Weedman stated he was unaware the proposed developers were proposing to construct the undeveloped proportion of Grant Street at this time. He stated the developers indicated to him that the road would be constructed in the future. Commissioner Rector questioned if he was opposed to the office development. Mr. Weedman stated he was not happy with the development but he was not opposed to the office development. Mr. Peyton Rice addressed the Commission. He stated the owned property to the northeast of the proposed development. He stated his request was to landscape the proposed wall structure to enhance the appearance. He stated currently he had two apartment buildings on his property and he was considering development of two additional buildings. He stated he had received a landscape plan only today and was requesting a deferral of the item until the landscape plan could be assessed to ensure it was sufficient to screen the proposed wall. Commissioner Lowry indicated the proposed development would be required to comply with the landscape ordinance and buffer requirements. There was a general discussion concerning the proposed site and the illegal fill that had taken place in previous years. Commissioner Langlais questioned staff comments concerning the proposed map revision. Staff stated the applicant had indicated there would not be a map revision and all the fill material located in the floodway would be removed. Chairman Rahman stated there were only eight Commissioners present. He stated previous Commission policy was to offer the applicant a deferral if there were eight or fewer Commissioners present. March 25, 2004 ITEM NO.: M (Cont.) FILE NO.: Z-7563 9 Mr. Hart indicated he wished to continue. Mr. Weedman indicated his desire was for a two-week deferral. A motion was made to defer both item to the April 8, 2004 Public Hearing. The motion carried by a vote of 6 ayes, 2 noes and 3 absent. March 25, 2004 I T E M N O . : N Name: Chenal-Hwy 10 Ministorage, unpermitted land alteration Location: Undeveloped Lot 2, Northwest Territory Addition at 24400 Chenal Parkway north of Hwy 10 in Little Rock, Pulaski County, Arkansas Owner/Applicant: Chris Thornton, property owner. Request: Appeal the corrective action of NOV #208 which required all disturbed areas to be restored to their original condition. STAFF REVIEW: 1. Master Street Plan This portion of Chenal Parkway is a minor arterial. 2. Development Potential and Land Use This approximate 5 acre site is adjacent to Chenal Parkway north of Hwy 10. A phased C.U.P was approved for this lot 2, and lot 1 in December, 2000. The Chenal-Hwy 10 Mini-Storage was constructed on lot 1 as part of the C.U.P. The undeveloped properties to the east were recently rezoned to O3, C3 and MF-12. The zoning of the undeveloped property to the north is O3. The zoning of the undeveloped property to the south is C3 and a utility substation. The property to the west across Chenal Parkway is zoned C2 with a P.C.D. on the northwest corner of Chenal Parkway and Hwy 10. 3. Neighborhood Position Public Works has received complaints from the adjacent property owner to the east. The applicant apparently cleared approximately 1.72 acres of his property. March 25, 2004 ITEM NO.: N (Cont.) NOV #208 2 STAFF ANALYSIS: The applicant is the owner of the Chenal-Hwy 10 Mini Storage (“mini storage”). The mini storage and lot 2 were approved as a phased C.U.P. in December, 2000. Notice of Violation #208 (“NOV”) was issued to the applicant for un- permitted clearing and excavating of lot 2 and 1.72 acres of the adjacent property to the east that the applicant does not own. The cleared area is not visible from Chenal Parkway. The applicant proposes to develop a portion of lot 2 per the approved C.U.P. and plans to restore the remaining disturbed area per Section 29-170(c) of the land alteration regulations. The restoration consists of restoring all off-site slopes to their approximate original contours, constructing on-site slopes to a configuration that complies with the land alteration ordinance, grading all excavated areas to obtain proper drainage; replanting trees on adjacent property; and establishing vegetation on all disturbed areas. Public Works is in support of the proposed corrective action of NOV #208 consisting of partial site development and restoration of remaining disturbed areas. SUBDIVISION COMMITTEE COMMENT: (JANUARY 8, 2004) Staff presented a short synopsis of the case. The applicant was not present. PLANNING COMMISSION ACTION: (JANUARY 29, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant had failed to notify adjacent property owners as required by the Land Alteration Ordinance. Staff presented a recommendation for the item be deferred to the March 11, 2004 to allow for proper notification. There was no further discussion of the item. The item was placed on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MARCH 11, 2004) The applicant was not present. There were no registered objectors present. Staff stated they were requesting the item be deferred to the March 25, 2004 Planning Commission Public Hearing. Staff stated the reason for the deferral March 25, 2004 ITEM NO.: N (Cont.) NOV #208 3 was to allow the item to be discussed with an item which had been filed for the March 25, 2004 Public Hearing. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant had requested the item be withdrawn from consideration without prejudice. Staff stated the request would take a waiver of the By-laws. Staff stated they were supportive of the request for the By-law waiver and the withdrawal request. A motion was made to approve the request as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: O FILE NO.: S-1419 NAME: Diamond T Subdivision Preliminary Plat LOCATION: On Crystal Valley Road DEVELOPER: Diamond Development Company P.O. Box 26052 Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 AREA: 12.11 acres NUMBER OF LOTS: 48 FT. NEW STREET: 1550 L.F. CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to subdivide 12.11 acres located on Crystal Valley Road into 48 single-family lots. The site is located outside the existing city limits of Little Rock and the applicant has indicated annexation will be sought if the proposed plat is approved. The applicant is proposing an average lot size of 7560 square feet and the minimum lot dimension of 63-feet by 120-feet. The applicant has indicated 1550 linear feet of new street as a part of the development. B. EXISTING CONDITIONS: The site is located on Crystal Valley Road outside the City limits. The City limits adjoin the site to the west (Eagle Hill Community) making annexation a March 25, 2004 ITEM NO.: O (Cont.) FILE NO.: S-1419 2 possibility. The site is currently vacant. The site as well as the general area contain rolling hills. There are single-family homes located across Crystal Valley Road as well as north and south of the site. There is a PCD located south of the site that appears to be functioning as a single-family residence. Crystal Valley Road is an unimproved roadway with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners, the Crystal Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The preliminary plat shows right-of-way dedications and street improvements as required by the Master Street Plan. However, sidewalk construction is also required on Crystal Valley and on West Diamond Way west to Diamond Cove. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. Show easements for all drainage and detention facilities. 4. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the city limits and outside the service boundary. No comment. Entergy: No comment received. March 25, 2004 ITEM NO.: O (Cont.) FILE NO.: S-1419 3 Center-Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Located outside the City Limits. The site must annex to receive City services. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 19, 2004) Mr. Pat McGetrick was present representing the request. Staff stated the request was for a preliminary plat located outside the corporate limits. Staff stated since the proposed plat was located within the city’s planning jurisdiction it was appropriate to review the plat and as a condition of approval the applicant would be required to seek annexation. Staff stated it should be clear that support of the plat did not constitute support of the annexation. Staff requested the applicant provide additional information related to the proposed preliminary plat. Staff requested the applicant provide a 30-foot front building line adjacent to Crystal Valley Road. Staff also requested the applicant provide the names of owners of unplatted tracts abutting the proposed plat area. Staff requested the applicant provide a phasing plan, if applicable. Public Works comments were addressed. Staff stated a grading permit would be required prior to any grading activities on the site. Staff also stated the right-of- way for Crystal Valley Road was not sufficient to meet the minimum requirements of the Master Street Plan. March 25, 2004 ITEM NO.: O (Cont.) FILE NO.: S-1419 4 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 preliminary plat to staff addressing most of the issues raised at the February 19, 2004 Subdivision Committee meeting. The applicant has indicated a 30-foot front building line adjacent to Crystal Valley Road (a collector street on the Master Street Plan) and a 25-foot front building line adjacent to the interior street. The applicant is requesting a variance to allow an increased lot depth to width ratio for Lots 19 – 20, 24 – 27 and 33 – 36. These lots are corner lots at the ends of cul-de-sacs. The Subdivision Ordinance requires no lot may be developed at a ratio greater than three times the depth to width ratio. Staff feels the proposed requested variance will have minimal to no adverse impact on the adjoining properties. Staff is supportive of the proposed requested variance. Staff is supportive of the proposed preliminary plat. For the most part the proposed preliminary plat meets the minimum requirements of the Subdivision Ordinance with regard to minimum lot width, minimum lot depth and the minimum square footage required for an R-2, Single-family zoned property. The site is located outside the City limits and should the preliminary plat be approved, the applicant will file for annexation. Staff is not however, indicating support of the future annexation request. The request will be evaluated on its merits based on the cost/benefit analysis prepared at the time of the request for annexation. Development of the plat as proposed is conditioned upon annexation to the City since the developer proposes to utilize Little Rock sewer service. Otherwise, to staff’s knowledge there are no outstanding issues associated with the proposed request. Staff feels the proposed preliminary plat should have minimal to no adverse impact on adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested preliminary plat 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 Lots 19 – 20, 24 – 27 and 33 – 36 to develop with an increased lot depth to width ratio. March 25, 2004 ITEM NO.: O (Cont.) FILE NO.: S-1419 5 The property must be annexed to the City of Little Rock prior to any grading activities or development of the site. PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter dated March 10, 2004 requesting the item be deferred to the March 25, 2004 Public Hearing. Staff stated the applicant was requesting additional time to meet the adjoining property owners to discuss their concerns. Staff stated the requested deferral would require a waiver of the By-laws related to the late deferral request. Staff stated they were supportive of the requested By-law waiver and the deferral request. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 25, 2004 ITEM NO.: P FILE NO.: S-1421 NAME: Green Diamond Subdivision Preliminary Plat LOCATION: On Crystal Valley Road DEVELOPER: Diamond Development Company P.O. Box 26052 Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 AREA: 7.10 acres NUMBER OF LOTS: 30 FT. NEW STREET: 840 L.F. CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: A variance to allow an increased lot depth to width ratio for Lots 14 – 17. A. PROPOSAL/REQUEST: The applicant proposes to subdivide 7.10 acres into 30 lots located outside the city limits of Little Rock. The applicant has indicated annexation will be sought should the preliminary plat be approved. The applicant proposes an average lot size of 61-feet by 132-feet resulting in an average square footage of 8052 square feet. The applicant has indicated a 30-foot front building line adjacent to Crystal Valley Road (a collector street) and 25-foot front building line adjacent to the interior residential street (Greenway Cove). The applicant is requesting a variance from the lot depth to width requirement of the Subdivision Ordinance for Lots 14 – 17. March 25, 2004 ITEM NO.: P (Cont.) FILE NO.: S-1421 2 B. EXISTING CONDITIONS: The site is located on Crystal Valley Road outside the City limits. The City limits adjoin the site to the south across Crystal Valley making annexation a possibility. The site has an abandoned single-family home located along Crystal Valley Road with the remainder of the site vacant. The site as well as the general area contain rolling hills. There are single-family homes located across Crystal Valley Road as well as to the west of the site. Crystal Valley Road is an unimproved roadway with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners, the Crystal Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The preliminary plat shows right-of-way dedications and street improvements as required by the Master Street Plan. However, sidewalk construction is also required. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. Show easements for all drainage and detention facilities. 4. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. March 25, 2004 ITEM NO.: P (Cont.) FILE NO.: S-1421 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the city limits and outside the service boundary. No comment. Entergy: No comment received. Center-Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Located outside the City Limits. The site must annex to receive City services. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 19, 2004) Mr. Pat McGetrick was present representing the request. Staff stated the request was for a preliminary plat located outside the corporate limits. Staff stated since the proposed plat was located within the city’s planning jurisdiction it was appropriate to review the plat and as a condition of approval the applicant would be required to seek annexation. Staff stated it should be clear that support of the plat did not constitute support of the annexation. Staff requested the applicant provide additional information related to the proposed preliminary plat. Staff requested the applicant provide a 30-foot front building line adjacent to Crystal Valley Road. Staff also requested the applicant March 25, 2004 ITEM NO.: P (Cont.) FILE NO.: S-1421 4 provide the names of owners of unplatted tracts abutting the proposed plat area. Staff requested the applicant provide a phasing plan, if applicable. Public Works comments were addressed. Staff stated a grading permit would be required prior to any grading activities on the site. Staff also stated the right-of- way was not sufficient to meet the minimum requirements of the Master Street Plan for Crystal Valley Road. 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 preliminary plat to staff addressing most of the issues raised at the February 19, 2004 Subdivision Committee meeting. The applicant has indicated a 30-foot front building line adjacent to Crystal Valley Road as required by the Subdivision Ordinance. Crystal Valley Road is classified on the Master Street Plan as a collector street, which per the Subdivision Ordinance requires a 30-foot front building line. The applicant has indicated a 25-foot front building line adjacent to the internal street (Greenway Cove) as required by the Subdivision Ordinance. The applicant is seeking a variance to allow four of the lots to develop with an increased lot depth to width ratio. Lots 14 – 17 are located on a cul-de-sac with a reduced street width. The lots do meet the minimum requirement for lot width at the building line (60-feet) as required by the Subdivision Ordinance. Staff feels the proposed lots developing with an increased depth to width ratio should have minimal to no adverse impact on adjoining properties and is supportive of the requested variance. Staff is supportive of the proposed preliminary plat. For the most part the proposed preliminary plat meets the minimum requirements of the Subdivision Ordinance with regard to minimum lot width, minimum lot depth and the minimum square footage required for an R-2, Single-family zoned property. The applicant has indicated the site is located outside the City limits and should the preliminary plat be approved, the applicant will file for annexation. Staff is not however, indicating support of the future annexation request. The request will be evaluated on its merits based on the cost/benefit analysis prepared at the time of the request for annexation. Development of the plat as proposed is conditioned upon annexation to the City since the developer proposes to utilize Little Rock sewer service. March 25, 2004 ITEM NO.: P (Cont.) FILE NO.: S-1421 5 Otherwise, to staff’s knowledge there are no outstanding issues associated with the proposed request. Staff feels the proposed preliminary plat should have minimal to no adverse impact on adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested preliminary plat 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 Lots 14 – 17 to develop with an increased lot depth to width ratio. The property must be annexed to the City of Little Rock prior to any grading activities or development of the site. PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter dated March 10, 2004 requesting the item be deferred to the March 25, 2004 Public Hearing. Staff stated the applicant was requesting additional time to meet the adjoining property owners to discuss their concerns. Staff stated the requested deferral would require a waiver of the By-laws related to the late deferral request. Staff stated they were supportive of the requested By-law waiver and the deferral request. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 25, 2004 ITEM NO.: Q FILE NO.: Z-6554-B NAME: Bowman Kanis Retail Center Revised Long-form PCD LOCATION: On the Northwest corner of Kanis Road and Bowman Road DEVELOPER: Dickson Flake Partners 1200 West Capitol Little Rock, AR 72202 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 8.1 Acres NUMBER OF LOTS: 7 FT. NEW STREET: 0 CURRENT ZONING: O-3, PCD and C-3, with conditions ALLOWED USES: O-3 and C-2 permitted uses with a 300-foot by 150-foot no build area at the intersection PROPOSED ZONING: C-3, O-3 and Revised PCD PROPOSED USE: Creation of an eight (8)-lot plat with Lot 1 to develop as a PCD for USA Drug, Lot 7 to develop with O-3 listed uses and Lots 2 – 6 and 8 to develop with C-3 listed uses. VARIANCES/WAIVERS REQUESTED: 1. A variance to allow reduced driveway spacing for Lot 1. 2. A variance to allow the creation of a lot without public street frontage. 3. A variance to allow site grading without a proposed development. 4. A variance to allow a vertical cut greater than ordinance standard. BACKGROUND: On October 20, 1998, the Little Rock Board of Directors adopted Ordinance No. 17,850 rezoning an 11.25-acre tract to O-3 and C-3 on the northwest corner of Kanis and Bowman Roads. The proposal included the development of the site with a 300 foot by 150 foot no build area at the intersection of Kanis and Bowman Roads. The site had March 25, 2004 ITEM NO.: Q (Cont.) FILE NO.: Z-6554-B 2 limited driveways onto Kanis Road. The eastern drive, located approximately 200-feet west of the Kanis/Bowman Road intersection, was proposed as a right-turn exit only. The western driveway, located approximately 300 feet west of the Kanis/Bowman intersection, was to be a service entrance/exit only. The approval also limited the permitted uses to those listed in the “C-2” Shopping Center District. A proposal which included this tract of land was reviewed and approved by the Commission earlier this year but was not forwarded to the Board of Directors for final action. The applicant proposed to rezone the site from various zoning classifications to PCD to allow the development of a home center on the site. Ordinance No. 18,985 adopted November 18, 2003, established the Bowman and Kanis Retail Center Long-form PCD. The Planning Commission heard the proposal at their October 16, 2003 Public Hearing and forwarded a recommendation of approval to the Board of Directors. The applicant proposed a seven-lot plat through the Planned Development process. Lots 1 - 6 were zoned C-3, General Commercial and Lot 7 was zoned O-3, General Office. The applicant proposed a USA Drug to locate on Lot 1 (an allowable use under the C-3 zoning classification) but the building was proposed to be located within the area previously approved as a no-build zone (300-foot by 150-foot). The applicant indicated only one lot would be developed under the proposed development plan and requested Lot 1 be designated with PCD zoning (with C-3 uses as alternative uses) retaining the C-3 and O-3 zoning on the other six lots. A. PROPOSAL/REQUEST: The applicant proposes to revise the previously approved PCD to allow the addition of gas pumps to the original USA Drug PCD. The applicant also intends to add an additional 1.8 acres to the previously approved preliminary plat with land area located to the north of previously proposed Lot 7. The applicant has removed the building from the 300-foot by 150-foot no build zoned and has indicated the gas pumps outside this area as well. The proposed lot (Lot 8)will be served by a shared access and utility easement located on the east and south property lines. B. EXISTING CONDITIONS: The site contains an existing non-conforming nursery. The property is located in an area of mixed zoning and extremely varied uses. The intensely commercial Chenal Parkway/Bowman Road intersection is directly north of the site. Uses in this area include a wide variety of retail commercial businesses such as Sam’s, March 25, 2004 ITEM NO.: Q (Cont.) FILE NO.: Z-6554-B 3 Wal-Mart, Garden Ridge and Best Buy. Across Bowman, at the northeast corner of Kanis and Bowman Road is a PCD, which has developed as an office/warehouse/retail center. The C-3 and PCD zoned properties to the south; contain a variety of uses including offices, office/warehouse and mini-warehouses. The area to the west of the site contains single-family homes on large tracts. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Gibralter Heights/Point West/Timber Ridge Neighborhood Association, the Parkway Place Property Owners Association, all owners of property located within 200-feet of the site and all residents located within 300-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The standard conditions shown on the plans as "Public Works Notes" apply to the project. 2. On Bowman, street improvements should match the improvements made to the east. In addition to the lanes shown, dual left turns should be provided for in the design. 3. Per the previous approval, the northern-most driveway should be moved south away from the property line. 4. Street Improvement plans shall include signage, striping and modifications to the signal. Traffic Engineering must approve completed plans prior to construction. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. Terracing, cut and fill slopes must comply with the land alteration ordinance. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center-Point Energy: Approved as submitted. SBC: No comment received. March 25, 2004 ITEM NO.: Q (Cont.) FILE NO.: Z-6554-B 4 Central Arkansas Water: The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Please submit two copies of the plans for the private fire line to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of private fire line. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Central Arkansas Water requests that a 15-foot-wide utility easement be dedicated adjoining the west lot line of Lot 7 to accommodate an existing 2-inch water main. A water main extension would be required to serve Lot 6. All Central Arkansas Water requirements in effect at the time of request for water service must be met. This development will have minor impact on existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Additional fire hydrants may be required. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revision to an existing Planned Commercial Development to add gas pumps. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Rock Creek Neighborhood Action Plan. The Office and Commercial Development goal seeks to maintain the residential integrity of the March 25, 2004 ITEM NO.: Q (Cont.) FILE NO.: Z-6554-B 5 neighborhood with the objective of adhering to the Future Land Use plan and lists an action statement of requiring developments in the neighborhood to adhere to the Future Land Use plan. Landscape: Areas set aside for landscaping and buffers appear to meet city requirements. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (February 19, 2004) Mr. Joe White was present representing the request. Staff presented the request to the Committee members indicating the requested revision was to allow the addition of gas pumps to the original Lot 1 of the development and to add additional acreage with an additional lot to the previously approved preliminary plat. Staff requested Mr. White provide additional information to complete the review process. Staff stated details concerning proposed signage should be provided (height/area) on the proposed site plan. Staff also requested the total area of each lot be provided on the proposed site plan. Public Works comments were addressed. Staff stated Bowman Road should be constructed to match the improvements located to the east of the site. Staff also requested the applicant provide dual left turn lanes at the intersection. Staff also stated a grading permit would be required prior to development of the site. Mr. White stated he was requesting a variance to allow the entire site to be graded without specific developments for Lots 2 – 8. Mr. White stated the cut would be approximately a fifty foot cut. He stated a three to one slope could be achieved without benching. 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 plan to staff addressing most of the issues raised at the February 19, 2004 Subdivision Committee meeting. The applicant has indicated signage details on the proposed site plan. The applicant has indicated signage will be consistent with signage allowed in commercial zones or a maximum of thirty-six feet in height and one hundred sixty square feet in area. March 25, 2004 ITEM NO.: Q (Cont.) FILE NO.: Z-6554-B 6 Staff is not supportive of the proposed signage. Staff would recommend the signage be limited to a maximum of ten feet in height and one hundred square feet in area. Staff feels with the development of eight lots on this corner and each individual lot having a separate free standing sign the maximum signage allowed in commercial zones would cause visual clutter to the area. The proposed development includes the development of a lot without public street frontage. The lot is also requesting an off premise sign easement. Staff is supportive of this proposed lot configuration and sign location. The applicant has indicated the total lot area on each of the proposed lots. The lots range in size from 0.56 acres to 4.05 acres. The proposed lots are currently zoned PCD, O-3 and C-3. The applicant has indicated sufficient area to meet the minimum lot size requirement per the zoning ordinance. The applicant has also indicated a twenty-five foot platted building line adjacent to the roadways. The proposed front yard building line is adequate to meet the minimum requirements of the zoning ordinance. The applicant has indicated the days and hours of operation to be from 5:00 am to 1:00 am seven days per week. The applicant has also indicated the garbage collection will be scheduled from 7:00 am to 6:00 pm to limit the impact on the single-family homes located to the south and west of the site. The applicant has indicated a maximum building height of 35-feet consistent with maximum building heights allowed by the O-3 and C-3 zoning district. The applicant has also indicated site lighting will be low level and directional, directed inward away from residentially zoned properties. The proposed site plan for the USA Drug Store (Lot 1) indicates a total building square footage of 10,500 square feet and a total of 105 parking spaces. The typical minimum parking required for a building of this sized based on one space per three hundred square feet of gross floor area would be 35 parking spaces. As indicated in the background section, a 150-foot by 300-foot area was previously designated as a no build area. The applicant has indicated 51 parking spaces within the previously set no-build zone. This area was also limited to uses listed in the C-2 Shopping Center District zoning classification. The applicant is proposing the placement of a drug store with gas pumps. Although this is an allowable use under the C-3 zoning district a convenience store with gas pumps (the most direct comparison) is not an allowable use under the C-2 zoning district. The previously approved PCD requested C-3 uses as alternative uses for the site. The applicant is requesting a fifty-foot cut along the western edge of the property, which is a variance from the Land Alteration Ordinance. The applicant is also requesting to be allowed to grade Lots 2 – 8 without a specific March 25, 2004 ITEM NO.: Q (Cont.) FILE NO.: Z-6554-B 7 development. Staff is not supportive of this request. The Land Alteration Ordinance specifically prohibits indiscriminate clearing of property. The ordinance also states cuts or fills shall be limited to ten feet in height or fifteen feet if architectural stone is included to protect the vertical face. Staff is not supportive of this request. Staff is not supportive of the proposed request. Staff feels the placement of gas pumps at this location is not in keeping with the desired development pattern previously approved. The historical development pattern has been to keep the hard commercial uses east of Bowman Road and allow commercial uses to step down west of Bowman Road. Staff feels if this intense development is allowed to locate west of Bowman Road the domino effect will take place resulting in Kanis Road being lined with commercial uses. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff stated they were requesting the item be deferred to the March 25, 2004 Public Hearing to allow additional time to review additional information submitted by the applicant related to the requested cut and fill of the site. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Mr. Joe White was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of deferral to the April 22, 2004 Public Hearing. Staff stated there were concerns related to the proposed grading of the site and staff and the applicant were working to resolve these outstanding issues. There was no further discussion of the item. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral. A motion was made to approve the request as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: R FILE NO.: Z-7580 NAME: Holleman Short-form PD-C LOCATION: 4115 Baseline Road DEVELOPER: Ronnie Holleman 4115 Baseline Road Little Rock, AR 72209 ENGINEER: Donald W. Brooks 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.42 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family Residential PROPOSED ZONING: PD-C PROPOSED USE: Single-family Residential and Truck Rental and Leasing VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The site contains an existing single-family structure being used as a home/office for Brothers A/C and Heating. In the past the applicant has operated a beauty/tanning salon at this location. The request is currently to allow the placement of five box moving vans for rental and lease. The existing office for the heating and air company will be used for the truck rental. A large portion of the front yard area has been constructed of a hard surface material. B. EXISTING CONDITIONS: The site contains a single-family home being used as a home office for the applicant’s heating and air business. The front yard area was previously covered March 25, 2004 ITEM NO.: R (Cont.) FILE NO.: Z-7580 2 with concrete. Other uses in the area included commercial and residential uses. There are single-family homes located to the east and south of the site. There is a large vacant O-3 zoned tract of land across Baseline Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All residents who could be identified located within 300-feet of the site, the Cloverdale Neighborhood Association, the West Baseline Neighborhood Association, Southwest Little Rock United or Progress and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. No comment on proposed use change. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. Center-Point Energy: Approved as submitted. SBC: Approved as submitted. 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. This fee will apply to all meter connections including any metered connections off a private fire system. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) or on site fire protection will be required. If additional fire facilities are required, they will be installed at the Developer's expense. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. March 25, 2004 ITEM NO.: R (Cont.) FILE NO.: Z-7580 3 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs - East Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Commercial Development for a truck rental business. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Upper Baseline Neighborhood Action Plan. The plan does not list any goals, objectives, or actions statements relevant to this case. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 19, 2004) The applicant was not present. Staff stated there were few technical issues related to the site and staff had contacted the applicant to discuss the outstanding issues. Staff stated the request was for the placement of three to five box moving vans in the front yard of the existing residence/office. Staff stated the front yard area was currently paved. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has indicated the placement of five moving vans on the site. The applicant has indicated the vans will be placed in the front yard area, which is currently paved of a hard surface material. The applicant has indicated the existing office used for the owner’s heating and air conditioning business will also act as the leasing office for the truck rental. The proposed site plan includes an asphalt parking area (66-feet by 87-feet). The site plan includes a setback on Baseline Road of 87-feet. The applicant has indicated the trucks will utilize the portion of the site near the existing structure (away from the road) to display the trucks. Staff is not supportive of the proposed request. Staff feels the proposed C-4 uses is not appropriate for the area. There are still a large number of single- family homes located to the east and south of the site and staff feels the placement of this intense use in this area will adversely impact the residents. March 25, 2004 ITEM NO.: R (Cont.) FILE NO.: Z-7580 4 There is an approved PD-C located to the west of the site for an existing welding shop. The use was a non-conforming use and the rezoning request was approved to recognize an existing use, not to add a new use to the area. The site has been used for commercial activities in the past all of which were indoor activities. Staff feels to add an outdoor activity to the site would not be in character with the neighborhood. The area is very diverse with large areas of open space located along Baseline Road. Staff feels the placement of this activity would be better served in an area not adjoining single-family homes. I. STAFF RECOMMENDATION: Staff recommends denial of the proposed request. PLANNING COMMISSION ACTION: (MARCH 11, 2004) The applicant was not present. There were no registered objectors present. Staff stated the applicant had submitted a letter dated February 27, 2004 requesting the item be deferred to the March 25, 2004, 2004 Public Hearing. Staff stated they were supportive of the request. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Mr. Ronnie Holleman was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Holleman addressed the Commission as the applicant. He stated his request was to place five box moving vans in the front yard area of his home. He stated the entire front yard area was currently paved and he was operating his heating and air conditioning business from the site. He stated there were currently non-residential uses located in the area and one immediately west of his home. Mr. David Parris addressed the Commission also as the applicant. He stated he and his father in-law currently operated the heat and air conditioning business and the request was to place trucks on the site. He stated at times there would be five trucks on the site and others there would not be any trucks on the site. He stated the business currently owned a large truck which was typically parked in the front yard area signed for the heating and air conditioning business. March 25, 2004 ITEM NO.: R (Cont.) FILE NO.: Z-7580 5 Ms. Janet Berry addressed the Commission in opposition of the placement of commercial vehicles adjacent to the street right-of-way. She stated if the applicant intended to move the trucks away from the street then Southwest Little Rock United for Progress would not register an objection to the proposed request. Mr. Holleman stated he would not place any of the rental trucks adjacent to the right-of- way. He stated all the rental trucks would be placed behind the northern wall of the adjoining radiator shop. He stated he was not willing to agree to not placing the existing heat and air conditioning truck behind this line. He stated the truck had been placed adjacent to the right-of-way for a number of years and he did not feel the need to relocate the truck away from the right-of-way. A motion was made to approve the request as presented. The motion failed by a vote of 4 ayes, 4 noes and 3 absent. March 25, 2004 ITEM NO.: 1 FILE NO.: G-23-334 Name: Grant Street – Right-of-Way Abandonment Location: Between “F” and “G” Streets Owner/Applicant: Heywood Weedman, Stephen Maxwell and Doug Buxton Request: To abandon the 50-foot wide Grant Street right-of-way between Lots 7-10, Block 9 and Lots 7-10, Block 10, Lincoln Park Addition. Purpose: The purpose of the proposed right-of-way abandonment is to use the area of abandonment as a private driveway. STAFF REVIEW: A. Public Need for this Right-of-Way As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. All of the utility companies request to retain all or part of the right-of-way area as a utility easement. The Public Works Department comments are as follows: 2. The Grant Street right-of-way at this location is not currently being maintained as a public street or drainage way. Further to the north near H Street, Coleman Creek lies in the right-of-way and a portion of the right-of-way was apparently abandoned. Therefore, Grant Street is unlikely to ever be a through street. 3. The right-of-way at this location was proposed as one of two access points for the property immediately to the north (Rock House Short-Form Z-7563). Rock House proposed to construct a street in this right-of-way to serve its development. B. Master Street Plan The Master Street Plan would classify Grant Street as a local road. Abandonment of this right-of-way will not adversely affect the Master Street Plan, as it is not classified as a collector street or higher. March 25, 2004 ITEM NO.: 1 (Cont.) FILE NO.: G-23-334 2 C. Characteristics of Right-of-Way Terrain This portion of Grant Street right-of-way is currently undeveloped. It serves as a residential driveway for the property on its west side, at the corner of “F” Street and University Avenue. Heywood Weedman owns the four (4) lots on the west side of the right-of-way, and one (1) lot on the east side. Stephen Maxwell and Doug Buxton own the other three (3) lots on the east side of the right-of-way. D. Development Potential Once abandoned, the applicants propose to utilize the area as a private driveway. E. Neighborhood and Land Use Effect There is a vacant single family residence (proposed to be rezoned to POD) and undeveloped property immediately north of the portion of Grant Street proposed for abandonment. Office uses are located to the south and east. There is a single family residence along the west side of the right-of-way, with Catholic High School located to the southwest. Abandoning this portion of the Grant Street right-of-way will have no adverse impact on the general area, except for the property to the north (Rock House Short-Form POD, Z-7563), which proposes to construct this portion of the street and use it for access. F. Neighborhood Position The Hillcrest and Evergreen Neighborhood Associations were notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment. The abutting property owners were also notified of the proposed abandonment. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. Retain the area as a utility easement for existing sewer main. Entergy: No objection to abandonment. Retain west 15 feet of the current 50-foot right-of-way as a utility easement. CenterPoint Energy: No objection to abandonment. Retain the area as a utility easement. Southwestern Bell: No objection to abandonment. Retain the area as a utility easement. March 25, 2004 ITEM NO.: 1 (Cont.) FILE NO.: G-23-334 3 Water: No objection to abandonment. Retain the area as a utility easement for possible future water facilities. H. Reversionary Rights All reversionary rights extend to the adjacent property owners. I. Public Welfare and Safety Issues Abandoning this street right-of-way will have no adverse effects on the public welfare and safety. The Little Rock Fire Department has no objection to the abandonment. STAFF RECOMMENDATION: Staff recommends denial of the requested Grant Street right-of-way abandonment. As noted previously, the Rock House Short-Form POD development (Z-7563) proposes to construct this portion of Grant Street and use it as one (1) of two (2) points to access the development. Staff is supportive of the Rock House development, and feels that it needs both access points. Both properties on the east and west sides of the portion of Grant Street proposed for abandonment are shown as “Office” on the City’s Future Land Use Plan. Staff feels that it would be a positive to have the Grant Street right-of-way for access to these properties once they are undeveloped. This will help to limit the number of curb cuts near the intersection of “F” Street and S. University Avenue. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicant was not present. Staff briefly described the proposed right-of-way abandonment. The proposal was briefly discussed. The proposed POD (Rock House) development was also discussed with relation to the proposed abandonment. After the discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Heywood Weedman was present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of denial. This item was discussed simultaneously with Item M, Rock House Short-Form POD (Z-7563). March 25, 2004 ITEM NO.: 1 (Cont.) FILE NO.: G-23-334 4 Heywood Weedman addressed the Commission in support of the right-of-way abandonment. He expressed concern with Grant Street being constructed and used for access to the property to the north. He stated that if the north portion of the street can be closed with the proposed Rock House development, the south portion should also be closed. Staff explained which properties were owned by Mr. Weedman and the other applicants, Stephen Maxwell and Doug Buxton. There was a brief discussion of the abandonment issue. Item M, Rock House Short-Form POD (Z-7563), was discussed. Development issues associated with the development, including the abandonment of Grant Street, were discussed. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 25, 2004 ITEM NO.: 2 FILE NO.: G-23-335 Name: E. Roosevelt Road – Right-of-Way Abandonment Location: Immediately East of Bankhead Drive Owner/Applicant: Little Rock National Airport/Garver Engineers Request: To abandon approximately 2,600 linear feet of the existing E. Roosevelt Road right-of-way immediately east of Bankhead Drive. The right-of-way width varies from 120 feet to 221 feet. Purpose: The purpose of the proposed right-of-way abandonment is to relocate East Roosevelt to the southern boundary of the airport property, in order to make room for an extension of Runway 4R to an ultimate length of 8,250 feet. STAFF REVIEW: A. Public Need for this Right-of-Way As noted in paragraph G. of this report, all of the public utility companies consent to the right-of-way abandonment. Several of the utility companies wish to retain the area as a utility easement or make comments related to the relocation of services. The applicant will need to work with the individual utility companies to resolve their issues. The Public Works Department made the following comments regarding the proposed abandonment and street relocation: 1. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 2. Final action by the Board to abandon the current Roosevelt Road location should not be done until all work on the relocated road has been completed and accepted by Public Works. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1817 (Derrick Bergfield). Striping, signage, and signal modifications must also be reviewed and approved. March 25, 2004 ITEM NO.: 2 (Cont.) FILE NO.: G-23-335 2 4. Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. B. Master Street Plan The Master Street Plan classifies E. Roosevelt Road (east of Bankhead Drive) as a Collector Street. Abandonment of this right-of-way and relocating it to the south will not adversely affect the Master Street Plan. C. Characteristics of Right-of-Way Terrain East Roosevelt Road is currently a paved, two lane road. Little Rock National Airport owns all of the property abutting the right-of-way requested for abandonment. D. Development Potential Once abandoned, the area of the right-of-way will be used to extend Runway 4R to a length of 8,250 feet. E. Neighborhood and Land Use Effect Little Rock National Airport property is located to the north. Fourche Creek is located to the south between the area proposed for street relocation and Interstate 440. There is a mixture of uses, including car rental and hotel, to the west along East Roosevelt Road. Undeveloped property is located to the east, with single family residences further east along East Roosevelt Road. The UPS and Southwest Airline reservation center developments are located to the northeast off of Fourche Dam Pike. Abandoning and relocating this section of East Roosevelt Road will have no adverse impact on the general area. F. Neighborhood Position The East Roosevelt, Hermitage and College Station Progressive League Neighborhood Associations were notified of the proposed abandonment. As of this writing, staff knows of no objectors to the abandonment. Little Rock National Airport is the only abutting property owner. G. Effect on Public Services or Utilities Wastewater: No objection to abandonment. No sewer mains located in the right-of-way East Roosevelt Road at this location. March 25, 2004 ITEM NO.: 2 (Cont.) FILE NO.: G-23-335 3 Entergy: No objection to abandonment, subject to the following: 1. The area of the abandoned right-of-way will be retained in its entirety as a utility and drainage easement and rededicated as such at the same time as the road right-of-way is officially abandoned. 2. Entergy will have non-revocable rights, without stipulations or contingencies, to occupy said easement with rights of ingress and egress for maintenance, upgrades, service restoration and any other required work activities. CenterPoint Energy: No objection to abandonment. Retain area as a utility easement. Southwestern Bell: SBC has no objection to relocating our facilities provided that the Airport Commission grants SBC an adequate easement, as described below. After our facilities have been placed into the new easement, SBC will furnish the Airport Commission with a legal concurrence in which SBC agrees to vacate the present right-of- way. The required ten-foot (10) wide easement would begin on the northwest side of Roosevelt Road at the intersection of Roosevelt Road and Fourche Dam Pike, and continue west along the north side of Roosevelt Road (proposed) to the intersection (proposed) of Roosevelt Road (proposed) and Bankhead Drive. The easement would then turn and continue north along the east side of Bankhead Drive to the intersection of Bankhead Drive, Roosevelt Road and Airport. Water: Central Arkansas Water does have a 24-inch diameter ductile iron water main located along the north side of the present route of East Roosevelt. Relocation of the road to the south and incorporation of the water line within the relocated boundary fence of the Little Rock National Airport should not have an adverse impact on the pipeline. Central Arkansas Water does not see a need at this time to relocate the 24-inch water line as long as the Airport continues to allow CAW access to the pipeline on an as needed basis. H. Reversionary Rights All reversionary rights extend to the adjacent property owner. March 25, 2004 ITEM NO.: 2 (Cont.) FILE NO.: G-23-335 4 I. Public Welfare and Safety Issues Abandoning and relocating this street right-of-way will have no adverse effects on the public welfare and safety. The Little Rock Fire Department has no objection to the abandonment. STAFF RECOMMENDATION: Staff recommends approval of the East Roosevelt Road right-of-way abandonment, subject to compliance with the Public Works Comments as noted in paragraph A. and the Utility Comments as noted in paragraph G. of this report. The abandonment will not be taken to the Board of Directors for approval, until all work on the relocated road has been completed and accepted by the Public Works Department. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Ken Collins and Frank McIllwain, of Garver Engineers, were present representing the application. Mr. McIllwain briefly explained the project. He noted that the airport would be reviving their noise abatement program. The time frame for construction of the relocated portion of East Roosevelt Road was discussed. It was noted that construction would begin within the next 220 days and completed by next winter 2004/2005. Mike Hood, of Public Works, noted that the abandonment would not be taken to the Board of Directors until the relocated street was completed and accepted by the Public Works Department. This issue was briefly discussed. Staff noted that the abandonment must go to the Board of Directors within one (1) year of Planning Commission action. After the discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (MARCH 25, 2004) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 recusal (Langlais). The application was approved. March 25, 2004 ITEM NO.: 3 FILE NO.: Z-4336-S Owner: Arkansas Children’s Hospital Applicant: McClelland Consulting Engineers Location: North side of Maryland Avenue, between Battery and Schiller Streets and the southeast corner of Maryland Avenue and Schiller Street Area: Approximately 5.29 acres Request: Rezone from Various Districts to O-2 Purpose: Hospital buildings, parking and other facilities Existing Use: Paved parking lots SURROUNDING LAND USE AND ZONING North – Interstate 630, with State Capitol facilities further north; zoned CZD Capitol Zoning District South – Single family residences and Arkansas Children’s Hospital facilities; zoned R-3, R-4 and O-2 East – Arkansas Children’s Hospital facilities; zoned O-2 West – Single family residences and Dorcas House; zoned R-3, R-4 and PRD A. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify boundary streets as Commercial Streets on the Master Street Plan. The plan scales out to provide the required right-of-way of 30 feet from centerline on Battery, Maryland and 10th. A 50’ right-of-way is provided on Schiller. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 3 (Baptist Medical Center Route). The site is near Route 9 (UALR Route) and Route 11 (M. L. King, Jr. Route). March 25, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-4336-S 2 C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Central High, Capitol Hill and Downtown Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Central City Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for O-2 Office and Institutional for a hospital building and parking facilities. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Arkansas Children’s Hospital, owners of a collective 5.29 acres along Maryland Avenue (between Battery and Schiller Streets), is requesting to rezone the property from R-3, R-4, R-5, O-2 and O-3 to “O-2” Office and Institutional District. The rezoning is proposed in order to incorporate the properties into the Arkansas Children’s Hospital campus for future redevelopment. A new administrative office building will be proposed at the northwest corner of Maryland Avenue and Battery Street, with a skywalk across Battery Street to the main hospital building. A future parking deck will be constructed at the northeast corner of Maryland Avenue and Schiller Street. Arkansas Children’s Hospital recently unveiled a new Master Plan noting the future development of the property. The property proposed to be rezoned is made up of two (2) full blocks (minus I-630 right-of-way) along the north side of Maryland Avenue, between Battery and Schiller Streets, and one-half block located at the southeast corner of Maryland Avenue and Schiller Street. All of the property is currently occupied by paved surface parking lots which serve the hospital use. Single family residential structures and the Dorcas House development are located across Schiller Street to the west. Additional single family March 25, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-4336-S 3 residences and Arkansas Children’s Hospital property are located to the south. The main Children’s Hospital building is located across Battery Street to the east. I-630 is located along the north boundary, with State Capitol facilities (zoned CZD) along its north side. The City’s Future Land Use Plan designates this property as Public Institutional. The requested rezoning to O-2 does not require a change to the Land Use Plan. Staff is supportive of the requested O-2 zoning. Staff feels that O-2 zoning is appropriate for the general area. The rezoning is in compliance with the Arkansas Children’s Hospital Revised Master Plan which was discussed with the Planning Commission in February. The O-2 zoning district is a site plan review district, and any future redevelopment of the property will require Planning Commission review and approval. At the appropriate time the Planning Commission will be able to review development criteria, such as proposed parking deck height with respect to the single family uses to the west. Staff feels that the proposed O-2 zoning will have no adverse impact on the surrounding properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. March 25, 2004 ITEM NO.: 4 FILE NO.: LU04-18-02 Name: Land Use Plan Amendment - Ellis Mountain Planning District Location: West side of Kanis Road south of Chenal Parkway Request: Mixed Office Commercial and Park / Open Space to Commercial Source: Joe White, White - Daters & Associates PROPOSAL / REQUEST: This request is a Land Use Plan amendment in the Ellis Mountain Planning District from Mixed Office Commercial and Park / Open Space 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 wishes to develop the property for general commercial uses. Staff is not expanding the application since the property along Kanis Road north of Rock Creek is already available for retail development. EXISTING LAND USE AND ZONING: The property is a house currently zoned Planned Commercial Development and is 1.04 acres ± in size. The property to the west and north is a Planned Commercial Development for a Shopping Center. The property to the northeast is vacant land zoned C-3 General Commercial on the southeast corner of Chenal Parkway and Kanis Road. The property across the street to the east is a PCD for a big box retail development with a lumberyard in the back of the property. The vacant land to the south is zoned R-2. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On January 20, 2004 a change was made from Office to Mixed Use on Rahling Road and Champlin Road about 1 mile north of the property in question to accommodate proposed development. On June 17, 2003 multiple changes were made from Single Family and Office to Multifamily and Low Density Residential on the south side of Rahling Road north of Chenal Parkway within a 1 mile radius to the north of the study area to accommodate proposed development. March 25, 2004 ITEM NO.: 4 (Cont.) FILE NO.: LU04-18-02 2 On July 3, 2001, a change was made from Low Density Residential, Mixed Office Commercial, and Neighborhood Commercial to Single Family in an area bounded by Bowman Road, Panther Creek, Cooper Orbit Road, and Brodie Creek starting about 1 mile southeast of the applicant’s property to recognize existing conditions. On April 17, 2001 multiple changes were made from Single Family, Multifamily, and Park / Open Space to Community Shopping on Chenal Parkway at Rahling Road starting about 1 mile northwest of the amendment area to accommodate proposed development. The applicant’s property is shown as Mixed Office Commercial and Park / Open Space on the Future Land Use plan. The land to the west and north is also shown as Mixed Office Commercial. The land across the street to the east is shown as Commercial. To the south, the land within the 100 year flood plain of Rock Creek is shown as Park / Open Space, while the land south of the creek is shown as Single Family. MASTER STREET PLAN: Kanis Road is shown on the Master Street Plan as a Collector and is built as a rural two-lane road and will be subject to half street improvements. To the southeast, the Master Street Plan shows a Proposed Minor Arterial, which will reroute Kanis Road to intersect with Chenal Parkway at Wellington Hills Road. A Class I Bikeway is shown along Chenal Parkway but will not be affected by this amendment. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 show a Potential Greenbelt along the flood plain of Rock Creek. Development of the study area will need to respect the integrity of the drainage system located in the 100-year flood plain of the creek as well as the integrity of the Potential Greenbelt shown in the plan. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. March 25, 2004 ITEM NO.: 4 (Cont.) FILE NO.: LU04-18-02 3 ANALYSIS: The proposed change, along with vacant areas shown as Commercial, and the possibility of commercial development in vacant areas shown as Mixed Office Commercial would expand the corridor of commercial development already shown along Chenal Parkway from the intersection of Wellington Hills Road to the western intersection of Kanis Road west of Kirk Road by adding new land to the south along Kanis Road. The change would result in an increase of intensity for non-residential uses located along Kanis Road south of Chenal Parkway. Although land shown as Commercial is located across the street to the east, the property to the east is primarily accessed and oriented towards Chenal Parkway. This change would expand the area available for commercial development but would eliminate the possibility for office development, which would be more in character with current developments fronting Kanis Road. The primary purpose of the areas shown as Park / Open Space next to the applicant’s property is to protect the integrity of Rock Creek. The strip of PK/OS shown along the banks of Rock Creek provides a buffer between the more intense uses north of Rock Creek from the less intense uses to the south. Development of the applicant’s property would need to be done in a manner that would minimize any run-off towards Rock Creek with the goal of preserving the ecological and hydrological integrity of Rock Creek. The area shown as MOC allows for a mixture of Office and Commercial uses to occur subject to the requirement of a Planned Zoning District. The area shown as MOC along Chenal Parkway is intended to provide a review process, which would allow development to occur in a manner that would respect the environmental integrity of Rock Creek along Chenal Parkway. The area shown as MOC at this location works in conjunction with areas located further to the east shown as Suburban Office, which also requires the use of PZD’s for non- residential development, provides a uniform review process to enhance the aesthetic quality of development along Chenal Parkway while protecting the integrity of nearby residential areas. The areas shown as Commercial in the vicinity of the applicant fronting Chenal Parkway are accessed from a Principal Arterial in contrast to the applicant’s property on Kanis Road, which front a Collector Street. A change to Commercial would remove the requirement of a PZD for developments zoned for commercial uses and would create an area shown as Commercial fronting a Collector Street. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Gibraltar/Pt. West/Timber Ridge, Parkway Place Property Owners Association, Spring Valley Manor Property Owners Association, Carriage Creek Property Owners March 25, 2004 ITEM NO.: 4 (Cont.) FILE NO.: LU04-18-02 4 Association, St. Charles Property Owners Association, SW Little Rock UP, and WCLR Coalition of Neighborhoods. Staff has not received any comments from area residents or neighborhood associations. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. This change would introduce a use fronting Kanis Road that is inconsistent with the current pattern of development along Kanis Road. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was not present at the meeting. A motion was made to defer the item to the May 6, 2004 agenda. The item was deferred with a vote of 8 ayes, 0 noes, and 3 absent. March 25, 2004 ITEM NO.: 4.1 FILE NO.: Z-7435-A Owner: Kanis Road Carwash LLC Applicant: White-Daters and Associates Location: 15823 Kanis Road (west side of Kanis Road, 600 feet south of Chenal Parkway) Area: 1.035 acres Request: Rezoning from PCD to C-3 Purpose: Future general commercial development Existing Use: Vacant single family residence SURROUNDING LAND USE AND ZONING North – Kroger Store development; zoned PCD South – Plant nursery and undeveloped property; zoned PCD and R-2 East – Creek and undeveloped property; zoned R-2 West – Lumber yard and undeveloped property (across Kanis Road); zoned PCD and C-3 A. PUBLIC WORKS COMMENTS: 1. Plans show Kanis Road right-of-way to be 30’ from centerline at this location, which meets the requirements for a Collector Street. 2. 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. 3. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 4. With site development plans, construct one-half street improvements to this street including 5-foot sidewalk. March 25, 2004 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-7435-A 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Parkway Place and St. Charles Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Mixed Office Commercial and Park/Open Space for this property. The applicant has applied for C-3 General Commercial for commercial development. A land use plan amendment for a change to Commercial is a separate item on this agenda. 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: On October 7, 2003, the Board of Directors passed Ordinance No. 18,951 which rezoned the 1.035 acre property at 15823 Kanis Road from “R-2” Single Family District to “PCD” Planned Commercial Development. The PCD was approved for an automated car wash development. The approved site plan included a single building (double bay automatic car wash) with five (5) vacuum stations. A single access point from Kanis Road was shown at the southeast corner of the property. Kanis Road Carwash LLC, owner of the property at 15823 Kanis Road, is requesting to rezone the property from PCD to “C-3” General Commercial District. The rezoning is proposed to allow future commercial development of the property. A one-story brick and frame single family residence is currently located on the property. There is a gravel driveway from Kanis Road which serves as access. March 25, 2004 ITEM NO.: 4.1 (Cont.) FILE NO.: Z-7435-A 3 The Kroger Store development (PCD) is located to the north, at the southwest corner of Kanis Road and Chenal Parkway. There is a plant nursery (PCD) and undeveloped R-2 zoned property to the south. A creek and additional undeveloped R-2 zoned property is located to the west. The One Source Home Center (PCD), undeveloped C-3 property and the old Kinco Construction Co. property are located to the east across Kanis Road. There is a church and car dealership located further to the north, along the north side of Chenal Parkway. The City’s Future Land Use Plan designates this property as Mixed Office Commercial and Park/Open Space. The applicant has filed a Land Use Plan Amendment for a change to Commercial, which is Item 4 on this agenda. Staff is not supportive of the requested C-3 zoning. The property is part of a large block of MOC (Mixed Office Commercial) at the southwest corner of Kanis Road and Chenal Parkway, with Park/Open Space to the south and single family further south. MOC requires a Planned Zoning Development for mixed office/commercial and commercial developments. The Planned Zoning Development rezoning process has been utilized for the vast majority of recent developments in this general area (Kroger, One Source, plant nursery, car dealerships, etc.). Staff believes that it would be most appropriate to utilize the Planned Zoning Development process for future development of this property, given its small size and relation to the creek. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was not present. Staff suggested deferring the application to the May 6, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 1 nay and 3 absent. The application was deferred to the May 6, 2004 Agenda. March 25, 2004 ITEM NO.: 5 FILE NO.: Z-7587 Owner: The Clifton Family LLLP Applicant: Norman Clifton Location: 6501 Interstate 30 Area: Approximately 0.73 acre Request: Rezone from I-2 to C-3 Purpose: Laundromat Existing Use: Vacant commercial building (formerly used as a restaurant) SURROUNDING LAND USE AND ZONING North – Contractor’s office and fenced storage yard and fraternal organization (across West 65th Street); zoned I-2 and R-4 South – Industrial uses; zoned I-2 East – Motel and undeveloped property; zoned I-2 West – Mixture of commercial and industrial uses (across Interstate 30); zoned I-2 A. PUBLIC WORKS COMMENTS: 1. This property does not front on a Public Street. No right-of-way dedication required for this zoning action. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route 15 (65th Street Route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Upper Baseline and SWLR United Neighborhood Associations were notified of the public hearing. March 25, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7587 2 D. LAND USE ELEMENT: This request is located in the Geyer Springs-East Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for C-3 General Commercial for a Laundromat. The request does not require a change to the Land Use Plan. 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 Clifton Family LLLP, owner of the 0.73 acre lot at 6501 Interstate 30, is requesting to rezone the property from “I-2” Light Industrial District to “C-3” General Commercial District. The rezoning is proposed in order to convert the existing vacant restaurant building into a laundromat to serve the area. The property is occupied by a vacant one-story restaurant building located near the center of the lot. There is paved parking on the north, south and west sides of the building. Access is gained by way of a shared drive (with Ramada Inn) from West 65th Street. The general area along Interstate 30 contains a mixture of office, commercial and industrial uses. There are two (2) motels in the area, one (1) immediately east of the site and one (1) across I-30 to the northwest. Industrial uses and undeveloped I-2 zoned property are located to the south. There is a constructor’s office with storage and a fraternal organization to the north across West 65th Street. A mixture of commercial and industrial uses exists to the west across I-30. The City’s Future Land Use Plan designates this property as Commercial. The requested C-3 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Staff feels that C-3 zoning for the property is reasonable. The past use of this property, as well as the motel property to the east, has always been commercial in March 25, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7587 3 nature. This is also the case with the other three (3) corners of the intersection of I-30 and 65th Street. Staff feels that the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. March 25, 2004 ITEM NO.: 6 FILE NO.: Z-7588 Owner: Calvin and Gail Anderson Applicant: Calvin and Gail Anderson Location: 17212 Colonel Glenn Road Area: 0.34 acre Request: Rezone from R-2 to R-7A Purpose: Placement of a single-wide manufactured home Existing Use: Vacant single family residence (in a state of disrepair) SURROUNDING LAND USE AND ZONING North – Single family residence and undeveloped property; zoned R-2 South – Single family residences on large lots (across Colonel Glenn Road); zoned R-2 East – Single family residences on large lots; zoned R-2 West – Single family residences on large lots, with two (2) commercial properties at the intersection of Colonel Glenn Road and Rocky Lane; zoned R-2 and PCD A. PUBLIC WORKS COMMENTS: No Comments. B. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No Comments. Entergy: No Comments. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments. March 25, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7588 2 Water: The Fire Department having jurisdiction needs to evaluate this site to determine whether an additional public and/or private fire hydrant will be required. If an additional fire hydrant is required, it will be installed at the Developer’s expense. Fire Department: No Comments. County Planning: No Comments received. C. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. D. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR for United Progress Neighborhood Association were notified of the public hearing. E. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for an R-7A Mobile Home District for a manufactured home. The request does not require a change to the Land Use Plan. 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. F. STAFF ANALYSIS: Calvin and Gail Anderson, owners of the 0.34 acre tract at 17,212 Colonel Glenn Road, are requesting to rezone the property from “R-2” Single Family District to “R-7A” Manufactured Home District. The rezoning is proposed to allow the placement of one (1) single-wide manufactured home on the property. The proposed manufactured home is a 1982 model, and is a 14 foot by 60 foot unit. A front porch is proposed to be attached to the structure. March 25, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7588 3 A one-story frame residential structure is located within the south half of the property. The structure is in a state of disrepair, and the owners plan to remove the house from the property within one (1) year. Two (2) existing storage building’s along the east property line will remain. There is a gravel drive from Colonel Glenn Road which serves as access. The single-wide manufactured home has been placed within the north half of the property. The general area contains single family residences on larger lots. There is also a large amount of undeveloped R-2 zoned property in the area, along with a number of manufactured homes which have existed for some time. There are two (2) commercial zoned properties to the west at the intersection of Colonel Glenn Road and Rocky Lane. The City’s Future Land Use Plan designates this property as Single Family. The requested rezoning to R-7A does not require a change to the Land Use Plan, as R-7A is a single family district. Staff is supportive of the R-7A zoning. Staff feels that the rezoning and placement of a single-wide manufactured home on the property are appropriate, given the number of manufactured homes which exist in the general area. The proposed home will not be out of character with other structures in the Colonel Glenn Road area. With placement of the structure according to the “siting criteria” as found in the next paragraph, the proposed manufactured home should have no adverse impact on the surrounding properties or the general area. The proposed manufactured home conforms to the minimum required setbacks from property lines. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning and the placement of one (1) single-wide manufactured home on the property, subject to the following conditions: 1. Compliance with the Central Arkansas Water Comments as noted in paragraph B. of this report. 2. The manufactured home must have the date plate attached to the unit specifying, “This mobile home is designed to comply with federal mobile home construction and safety standards enforced at the time of manufacture.” 3. Siting criteria. The siting of a manufactured home on a separate lot outside of a mobile home subdivision shall include the following design considerations: March 25, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7588 4 a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. 4. The existing frame residential structure must be removed within one (1) year (by March 25, 2005). SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Gail Anderson was present, representing the application. Staff briefly described the proposed manufactured home placement. Staff noted that the old frame house on the property, which is in a state of disrepair, would be removed within one (1) year. Mrs. Anderson noted that the two (2) storage buildings along the east property lines would be repaired. Staff noted that there were many existing manufactured homes in the general area. The general area was briefly discussed. Mrs. Anderson presented photos of the property to the Committee. The issue of right-of-way dedication was discussed. After further consideration (after the meeting), it was determined that right-of-way dedication would not be required based on the fact that this is a single family application (one single family residence on one lot). After the discussion, the Committee forwarded the rezoning to the full Commission for resolution. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. March 25, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7588 5 The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. March 25, 2004 ITEM NO.: 7 FILE NO.: Z-7589 Owner: Pearl Peaster and Holy Cross Missionary Baptist Church Applicant: Larry Miller Location: 4724 West 12th Street (northeast corner of West 12th and Madison Streets) Area: 0.32 acre Request: Rezone from C-3 to C-4 Purpose: Used car business Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-3 South – Multifamily development (across West 12th Street); zoned PRD East – Mixed enclosed commercial uses; zoned C-3 West – Church (across Madison Street); zoned O-3 A. PUBLIC WORKS COMMENTS: 1. West 12th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline (reduced standard) will be required. 2. The proposed land use would classify Madison Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. With future site development plans, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to these streets including 5-foot sidewalks with planned development. 4. The current driveway location does not meet the traffic access and circulation requirements of Sections 30-43 and 31-210 and should be removed. Access should be from the alley on Madison Street or as approved in the site development plans. March 25, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7589 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 3 (Baptist Medical Center Route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the War Memorial, Forest Hills, Hope and Oak Forest Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for C-4 Open Display Commercial for a used car lot. The request does not require a change to the Land Use Plan. However, due to the intense nature of C-4 zoning, the specifics of the site plan should be reviewed to assure the compatibility of the proposed development with the surrounding uses. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Area Neighborhood Action Plan. The section on Economic Development lists a goal of attracting businesses to the Stephens Area with the objective of attracting small business such as small retail stores and cafes. E. STAFF ANALYSIS: Pearl Peaster and Holy Cross Missionary Baptist Church, owners of the two (2) lots located at 4724 West 12th Street (northeast corner of West 12th and Madison Streets), are requesting to rezone the property from “C-3” General Commercial District to “C-4” Open Display District. The rezoning is proposed in order to develop a used car business on the property. The property is currently undeveloped. Two (2) concrete pads exist on the property, where buildings were once located. There is a paved alley along the north property line. There is also an existing driveway apron from West 12th Street. March 25, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7589 3 The general area contains a mixture of uses and zoning along West 12th Street. Single family residences are located north of the site, with churches located across Madison Street to the west and northwest. A multifamily development (Madison Heights) is located across West 12th Street to the south. A mixture of commercial uses is located to the east, along the north side of West 12th Street. The City’s Future Land Use Plan designates this property as commercial. The proposed C-4 zoning does not require a change to the Land Use Plan. Staff does not support the requested C-4 zoning. Although the property is shown as commercial on the City’s Future Land Use Plan, it is located at the far west end of the commercial area along West 12th Street, specifically the north side of West 12th Street. This end of the commercial area is adjacent to single family, multifamily and public/institutional uses and zoning. Staff believes that an open display type use at this location will be out of character with the neighborhood. Staff feels that the C-3 zoned property would be much more appropriate for a small commercial use, such as restaurant, drug store or laundromat, which would serve the surrounding residential properties. Staff feels that an open display type use, such as a used car lot, will have a negative impact on the surrounding properties. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 25, 2004 ITEM NO.: 8 FILE NO.: Z-7590 Owner: Charles Norwood Knight Applicant: Charles Norwood Knight Location: 17409 Alpine Circle Area: 4.76 acres Request: Rezone from R-2 to R-7A Purpose: Placement of a single-wide manufactured home Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Single family residences on large lots, with two (2) commercial properties at the intersection of Colonel Glenn Road and Rocky Lane; zoned R-2 and PCD South – Undeveloped property and Single family residences; zoned R-2 East – Single family residences on large lots; zoned R-2 West – Single family residences on large lots; zoned R-2 A. PUBLIC WORKS COMMENTS: No Comments. B. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No Comments. Entergy: No Comments. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments. March 25, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7590 2 Water: The Fire Department having jurisdiction needs to evaluate this site to determine whether an additional public and/or private fire hydrant will be required. If an additional fire hydrant is required, it will be installed at the Developer’s expense. Fire Department: No Comments. County Planning: No Comments received. CATA: No Comments received. C. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. D. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR for United Progress Neighborhood Association were notified of the public hearing. E. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for an R-7A Mobile Home District for a manufactured home. The request does not require a change to the Land Use Plan. 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. F. STAFF ANALYSIS: Charles Norwood Knight, owner of the 4.76 acre property at 17409 Alpine Circle, is requesting to rezone the property from “R-2” Single Family District to “R-7A” Manufactured Home District. The rezoning is proposed to allow for the placement of a single-wide manufactured home on the property. The proposed manufactured home is a 2001 model, and is a 16 March 25, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7590 3 foot by 76 foot unit. A carport, covered porch and covered deck are proposed to be attached to the manufactured home. A storage building is also proposed to be located in the rear yard. The general area is made up of single family residences on large lots. There is a large amount of undeveloped R-2 zoned property in the area. The area also contains a number of manufactured homes which have existed for many years. There are several existing manufactured homes along Alpine Circle to the east and along Rocky Lane to the west. There are two (2) commercial zoned properties to the north at the intersection of Colonel Glenn Road and Rocky Lane. The City’s Future Land Use Plan designates this property as Single Family. The proposed R-7A rezoning does not require a change to the Land Use Plan, as the R-7A district is a Single Family District. Staff is supportive of the requested R-7A zoning. Staff feels that R-7A zoning for this property is appropriate, given the number of existing manufactured homes in the area. The proposed placement of the manufactured home complies with the setback requirements of the R-7A zoning district. As noted previously, a carport, covered porch and covered deck are proposed to be attached to the manufactured home. Staff feels that the proposed rezoning and manufactured home will have no adverse impact on the adjacent properties or the general area. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning and placement of one (1) single-wide manufactured home, subject to the following conditions: 1. Compliance with the Central Arkansas Water Comments, as noted in paragraph B. of this report. 2. The manufactured home must have the date plate attached to the unit specifying, “This mobile home is designed to comply with federal mobile home construction and safety standards enforced at the time of manufacture.” 3. Siting criteria. The siting of a manufactured home on a separate lot outside of a mobile home subdivision shall include the following design considerations: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. March 25, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7590 4 b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Charles Knight was present, representing the application. Staff briefly described the placement of the proposed manufactured home. Mr. Knight noted that it was a 2001 model. Staff noted the siting criteria for single-wide manufactured homes. After the discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (MARCH 25, 2004) 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 Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. March 25, 2004 ITEM NO.: 9 FILE NO.: Z-7593 Owner: K.D.V., Inc. Applicant: D. Patel Location: 800 Block of S. Shackleford Road (west side of S. Shackleford Road, approximately 400 feet south of Hermitage Road) Area: 0.7425 acre Request: Rezone from O-3 to O-2 Purpose: Hotel Existing Use: Paved parking lot SURROUNDING LAND USE AND ZONING North – Bank and mixed office uses; zoned O-3 and C-3 South – Office and commercial developments; zoned O-3 and C-3 East – Office development (across Shackleford Road); zoned O-3 West – Mixture of office and commercial uses; including a restaurant; zoned PCD and O-3 A. PUBLIC WORKS COMMENTS: No comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. The site is near CATA Bus Route 5 (West Markham Route), which runs a few blocks to the north. C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Birchwood and John Barrow Neighborhood Associations were notified of the public hearing. March 25, 2004 ITEM NO.: 9 (Cont.) FILE NO.: Z-7593 2 D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Office for this property. The applicant has applied for O-2 Office and Institutional and a Conditional Use Permit for a hotel. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Birchwood – Walnut Valley Neighborhood Action Plan. The Commercial Redevelopment Goal calls for maintaining and reinvigorating existing retail areas to provide active retail for local residents. This application would provide lodging for out of town residents. E. STAFF ANALYSIS: K.D.V., Inc., owner of the 0.7425 acre property within the 800 Block of S. Shackleford Road (west side of S. Shackleford Road, approximately 400 feet south of Hermitage Road), is requesting to rezone the property from “O-3” General Office District to “O-2” Office and Institutional District. The rezoning is proposed in order to develop a hotel on the property. A conditional use permit has also been filed (Item 9.1 on this agenda) for the proposed hotel development. The property is occupied by a small paved parking lot within the southeast portion of the site. There is a shared access drive (with Financial Centre III development) from S. Shackleford Road, which runs along the south property line. The general area is occupied by a mixture of office and commercial uses. Financial Centre III office development is located immediately south, with a furniture store and hotel further to the south. There is a bank and additional office developments to the north. A restaurant is located immediately west, with small scale offices along Office Park Drive. A large office development (Arkansas Farm Bureau) is located across S. Shackleford Road to the east. The City’s Future Land Use Plan designates this property as Office. The requested O-2 zoning does not require a change to the Land Use Plan. March 25, 2004 ITEM NO.: 9 (Cont.) FILE NO.: Z-7593 3 Staff is not supportive of the requested O-2 rezoning. Staff does not feel that O-2 zoning is appropriate for this 0.7425 acre site, with 132 linear feet of street frontage along S. Shackleford Road. Section 36-280(e)(2) of the City’s Zoning Ordinance requires a minimum site area of two (2) acres for O-2 zoning, with a minimum of 200 feet of frontage on at least one (1) abutting boundary street. Additionally, the O-2 zoning district has increased setbacks from side and rear property lines as compared to the O-3 district. Given the small size of the property, staff feels that it will be very difficult to develop without requesting variances. Therefore, staff feels that the property should remain zoned O-3. F. STAFF RECOMMENDATION: Staff recommends denial of the requested O-2 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. March 25, 2004 ITEM NO.: 9.1 FILE NO.: Z-7593-A NAME: Sleep Inn – Conditional Use Permit LOCATION: 800 Block of S. Shackleford Road; west side OWNER/APPLICANT: David Patel PROPOSAL: A conditional use permit is requested to allow for development of a new hotel on this vacant, .74± acre tract. The property is currently zoned O-3. A request to rezone the site to O-2 is a separate item on this agenda. (See Z-7593.) STAFF REPORT: On March 15, 2004, the applicant submitted a request that the item be deferred. Staff recommends that the item be deferred to the May 6, 2004 agenda. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be deferred. There was no further discussion. The item was placed on the Consent Agenda and deferred to the May 6, 2004 agenda by a vote of 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 10 FILE NO.: LU04-11-01 Name: Land Use Plan Amendment - I-430 Planning District Location: Southeast corner of W. 18th Street and Aldersgate Road Request: Single Family to Suburban Office Source: Byron Magness PROPOSAL / REQUEST: This request is a Land Use Plan amendment in the I-430 Planning District from Single Family to Suburban Office. The Suburban Office category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The applicant wishes to develop the property for office uses. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area along the west side of Aldersgate Road from W. 18th Street to W. 20th Street covering the area between Aldersgate Road and the alley. It is thought that the expansion would provide PZD review for non- residential developments along the west side of Aldersgate Road and preserve the area shown as Single Family east of the alley. EXISTING LAND USE AND ZONING: The property is two vacant houses currently zoned R-2 Single Family and is .32 acres ± in size. The expanded area consists of three house and several vacant lots zoned R-2. The property to the north is vacant land zoned O-2 Office and Institutional. The land to the east and south consists of houses and vacant land zoned R-2. Camp Aldersgate is located to the southwest on land zoned Open Space south of W. 20th Street. The vacant land across the street to the west is zoned Planned Office Development, while the land zoned POD northwest of the original application area is occupied by two office buildings. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On November 18, 2003 a change was made from Mixed Office Commercial to Service Trades District on the west side of Old Shackleford Road about 8/10 of a mile southwest of the applicant’s property to accommodate proposed development. March 25, 2004 ITEM NO.: 10 (Cont.) FILE NO.: LU04-11-01 2 On March 18, 2003 a change was made from Single Family to Suburban Office on the northeast corner of W. 18th Street and Aldersgate Road across the street to the north of the application property to accommodate proposed development. On September 4, 2001 a change was made from Park / Open Space to Multifamily east of W. 24th Street and Junior Deputy Road about 1/3 of a mile southeast of the property in question to accommodate proposed development. On July 17, 2001 a change was made from Single Family and Commercial to Park / Open Space for Birchwood Park about 1 mile northwest of the expanded area to recognize existing conditions. On March 6, 2001 a change was made from Single Family to Office on 1911 John Barrow Road about 1 mile east of the expanded amendment area to accommodate proposed development. The applicant’s property is shown as Single Family on the Future Land Use Plan. The neighboring land to the east and south is also shown as Single Family. The land to the southwest is shown as Park / Open Space. The land to the west and north is shown as Suburban Office. MASTER STREET PLAN: Aldersgate Road is shown on the Master Street Plan as a Collector Street and is built to standard on the west side of the street while the east side of the street is built with open drainage and would be subject to half-street improvements. W. 18th Street is a residential street built with open drainage needing half street improvements to conform to design standards for commercial streets. There are no bikeways shown on the Master Street Plan that would be affected by this amendment. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 shows that the applicant’s property lies in a service deficit area. Adequate park facilities would need to be developed in order to meet any new demands created by development on the applicant’s property. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. March 25, 2004 ITEM NO.: 10 (Cont.) FILE NO.: LU04-11-01 3 CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant’s property lies in an area covered by the John Barrow Neighborhood Area Plan. The business and commercial development goal contains the objectives of attracting job-generating businesses to the area and encouragement of land assembly guidelines for construction of new business and commercial facilities. ANALYSIS: Although the expanded area shown as Single Family contains vacant pieces of property, the Plan has tried to keep the non-residential uses west of Aldersgate Road and north of W. 18th Street. Even when allowing non-residential uses, they were to be designed such that residential uses could be a viable option to the east of the areas shown as Suburban Office. A majority of the houses in the block where the applicant’s property is located face Perry and W. 20th Street. However, three houses are located south of the applicant’s property along Aldersgate Road. This amendment would further extend non-residential uses in an area south of W. 18th Street east of Aldersgate Road. This amendment area is located in an area of viable single-family development inside the Hicks Interurban Addition. This neighborhood has seen an increase in building permit activity with new single family housing being constructed east of Aldersgate Road, which indicates that this neighborhood is a growing and viable single-family residential area. Twelve building permits for new single-family houses have been issued for the neighborhood in the past four-year period. Although a change to Suburban Office would allow non-residential uses to take place within the frame-work of the PZD review process, the area is characterized with a large amount of vacant land zoned for office uses and shown as Suburban Office on the Future Land Use Plan. While there are vacant lots available for single family housing in the area shown as Single Family, there are also vacant lots available for office development in the area shown as Suburban Office that have not developed. This amendment would create an over-supply of land shown as Suburban Office in this neighborhood. Since the Suburban Office on the east side of Aldersgate Road reflects the land use shown for the west side, this amendment would establish W. 20th Street as the south boundary for development of Suburban Office. This change would also establish the alley behind the applicant’s property as the boundary between residential and non-residential uses. With this change most of the property in March 25, 2004 ITEM NO.: 10 (Cont.) FILE NO.: LU04-11-01 4 the study area would face non-residential uses with the exception of the northeast corner of Aldersgate and W. 20th Street. Any non-residential development on Perry Street would face residential uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Barrow Action Group, Brownwood Terrace Neighborhood Association, John Barrow Neighborhood Association, Neighborhood Connections, Birchwood Neighborhood Association, Campus Place Property Owners Association, Kensington Place Property Owners Association, Pennbrook/Clover Hill Property Owners Association, Sandpiper Neighborhood Association, Twin Lakes "A" Neighborhood Association, Twin Lakes "B" Special Improvement District, Twin Lakes B Prop. Owners Association, and Westbrook Neighborhood Association. Staff has received one neutral comment from an area resident. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. This amendment would increase the amount of Suburban Office near an area with a large supply of vacant land shown as Suburban Office. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The item was placed on the consent agenda for deferral to the May 6, 2004 Planning Commission meeting. A motion was made to waive the by-laws for a five-day notice to defer prior to the Planning Commission meeting. That motion was made and approved with a vote of 10 ayes, 0 noes, and 1 absent. The item was deferred with a vote of 10 ayes, 0 noes, and 1 absent. March 25, 2004 ITEM NO.: 10.1 FILE NO.: Z-7595 Owner: Byron and Sandra Magness Applicant: Byron and Sandra Magness Location: Southeast corner of West 18th Street and Aldersgate Road Area: 0.32 acre Request: Rezone from R-2 to O-1 Purpose: General office use Existing Use: Vacant buildings SURROUNDING LAND USE AND ZONING North – Undeveloped property (across West 18th Street); zoned O-2 East – Single family residences and undeveloped single family lots; zoned R-2 South – Single family residences and undeveloped single family lots; zoned R-2 West – Undeveloped property and two (2) new office buildings to the northwest (across Aldersgate Road); zoned POD A. PUBLIC WORKS COMMENTS: 1. Aldersgate Road is classified on the Master Street Plan as a collector street. Dedicate right-of-way to 30 feet from the original platted centerline. 2. The proposed land use would classify 18th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from the centerline of the platted right-of-way. 3. With site development plans, provide design of streets conforming to the Master Street Plan. Construct one-half street improvements to these streets including 5-foot sidewalks with planned development. 4. In its current condition, 18th Street is a narrow, open ditch street that is not suitable for office or commercial access. March 25, 2004 ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7595 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 3 (Baptist Medical Center part-time Route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Twin Lakes, Twin Lakes “B” and John Barrow Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for O-1 Quiet Office for office development. A land use plan amendment for a change to Suburban Office is a separate item on this agenda. City Recognized Neighborhood Action Plan: The applicant’s property lies in an area covered by the John Barrow Neighborhood Area Plan. The business and commercial development goal contains the objectives of attracting job-generating businesses to the area and encouragement of land assembly guidelines for construction of new business and commercial facilities. E. STAFF ANALYSIS: Byron and Sandra Magness, owners of the 0.32 acre property at the southeast corner of West 18th Street and Aldersgate Road, are requesting to rezone the property from “R-2” Single Family District to “O-1” Quiet Office District. The rezoning is proposed in order to use the existing buildings on the property as offices. The property is made up of two (2) platted lots (Lots 11 and 12, Block 9, Hick’s Interurban Addition). The property is occupied by two (2) vacant one-story frame buildings (one on each lot). There is a gravel access drive from West 18th Street. Undeveloped O-2 zoned property is located to the north, across West 18th Street, with single family and office uses further north. Single family March 25, 2004 ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7595 3 residences and undeveloped single family lots are located to the south and east. An office park development is located to the west, between Aldersgate Road and I-430. Camp Aldersgate is located to the southwest. The City’s Future Land Use Plan designates this property as Single Family. The applicant has filed a Land Use Plan Amendment for a change to Suburban Office (Item 10. on this agenda). Staff does not support the proposed rezoning. Staff feels that the proposed rezoning to O-1 will not be compatible with the single family properties to the south and east. Staff views the office park property (zoned POD) to the west as a buffer between I-430 and this area of single family. Additionally, when the property to the north (across West 18th Street) was rezoned to O-2 with a Land Use Plan Amendment to Suburban Office (March, 2003), it was determined that West 18th Street was an appropriate south boundary line for the office uses, in order to protect the integrity of the single family area to the south and east. During the past three (3) years, several building permits for new homes have been issued within the R-2 zoned area between Aldersgate Road and Junior Deputy Road, south of the office zoned property along Kanis Road. Staff feels that allowing additional non-residential zoning within this area would be a detriment to an area which appears to be in a stage of single family in-fill development and redevelopment. F. STAFF RECOMMENDATION: Staff recommends denial of the requested O-1 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant’s request for deferral, being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. March 25, 2004 ITEM NO.: 11 FILE NO.: Z-7596 Owner: Holly Stevens Applicant: Terry Burruss Location: 5201 Asher Avenue (southwest corner of Asher Avenue and Anna Street) Area: 1.03 acres Request: Rezone from I-2 to C-3 Purpose: Restaurant with bar and private club Existing Use: Restaurant with bar SURROUNDING LAND USE AND ZONING North – Mixture of commercial uses along Asher Avenue; zoned C-3 South – Single family residences, undeveloped property and industrial uses; zoned R-3 and I-2 East – Mixture of commercial uses along Asher Avenue; zoned C-3, C-4, I-2 and I-3 West – Mixture of commercial uses along Asher Avenue and Mabelvale Pike; zoned C-3 and I-2 A. PUBLIC WORKS COMMENTS: 1. Asher Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 45-feet from centerline (reduced cross section) will be required. 2. The proposed land use would classify Anna and 33rd Street on the Master Street Plan as a commercial streets. Dedicate right-of-way to 30 feet from centerline. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 14 (Rosedale Route), and near Route 17A (Mabelvale/UALR Route). March 25, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7596 2 C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Curran-Conway, Midway and South of Asher Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Commercial and Light Industrial for this property. The applicant has applied for C-3 General Commercial for a new addition to an existing restaurant. A Land Use Plan amendment is not required. The Light Industrial shown south of Asher Avenue was originally intended to encourage industrial development based on a corridor plan created by the Asher Corridor Steering Committee in early 2000. The committee recommended the current Land Use and Zoning designations show for the properties approved in October of 2000. The overall design of having Commercial Uses north of Asher, with Industrial Uses south is still valid. The area in question was changed to Light Industrial to encourage small scale industrial and Service Trades types of uses. Since the area was not vacant at the time of the Land Use and Zoning changes, any new development due to the changes would likely take time. The changes were approved within the past five years, the recommended Land Use and Zoning changes have not had sufficient time to result in the physical changes desired by the steering committee. This Zoning request would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Oak Forest Neighborhood Action Plan. The Economic Development goal listed an action statement of promoting Asher Avenue as a viable commercial and service corridor. E. STAFF ANALYSIS: Holly Stevens, owner of the 1.03 acre property at 5201 Asher Avenue (southwest corner of Asher Avenue and Anna Street), is requesting to rezone the property from “I-2” Light Industrial District to “C-3” General Commercial District. The rezoning is proposed in order to operate a March 25, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7596 3 restaurant with bar and private club. There is currently a restaurant with bar service (a permitted I-2 use) being operated on the property. The property is occupied by a one-story commercial building located within the south half of the property. There is paved parking between the building and Asher Avenue. There are existing access drives from Asher Avenue and Anna Street. This general area along Asher Avenue is comprised of a mixture of commercial and industrial uses. There is a drive-in restaurant and motel west of the site, with various auto-related uses at the intersection of Asher Avenue and Fair Park Blvd. Other various commercial uses, including two (2) lumber yards, are located to the east and north (across Asher Avenue). Single family residences, undeveloped property and industrial uses are located to the south. The City’s Future Land Use Plan designates this property as Commercial and Light Industrial. The proposed C-3 zoning does not require a change to the Land Use Plan. Staff is not supportive of the requested C-3 zoning. As noted in paragraph D. of this report, the C-3 zoning would compromise the integrity of the Land Use Plan and Zoning changes recommended by the Asher Corridor Steering Committee in 2000. The Committee recommended the current zoning and land use for this and surrounding properties in October of 2000. The south half of this property, (where the building is located), as well as the property to the east and south are shown as Light Industrial on the Future Land Use Plan. Staff believes this property should be utilized for permitted light industrial uses. Staff believes it is premature to make this type of Zoning change in the Asher Corridor area, until the area has a chance to develop as the steering committee envisioned in 2000. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. March 25, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7596 4 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. March 25, 2004 ITEM NO.: 12 FILE NO.: LU04-16-01 Name: Land Use Plan Amendment - Otter Creek Planning District Location: East side of Stagecoach Road 1600 feet north of Otter Creek Parkway Request: Public Institutional to Commercial Source: Joe White, White - Daters & Associates PROPOSAL / REQUEST: Land Use Plan amendment in the Otter Creek Planning District from Public Institutional 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 wishes to develop the property for general commercial uses. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area between the applicant’s property and Branch Creek shown as Public Institutional. This expansion would establish defined boundaries for the amendment area with the church serving as the north boundary and the creek serving as the south boundary. EXISTING LAND USE AND ZONING: The property is vacant land currently zoned R-2 Single Family and is 1.94 acres ± in size. The property to the north is zoned R-2 with a Conditional Use Permit for a church. All of the property to the east and south is vacant land zoned R-2. The land across the street to the west consists of large lot single-family homes zoned R-2. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On May 16, 2000, multiple changes were made from Mixed Commercial Industrial, Commercial, Single Family, and Industrial to Mixed Office Commercial, Commercial, Suburban Office, Services Trades District, Park / Open Space, Public Institutional, and Mixed Use along both sides of Stagecoach, Baseline, and Otter Creek Roads within a 1 mile radius of the applicant’s property to recognize existing conditions. March 25, 2004 ITEM NO.: 12 (Cont.) FILE NO.: LU04-16-01 2 The applicant’s property is shown as Public Institutional on the Future Land Use Plan. The neighboring properties to the north and south are shown as Public Institutional. A large area of Park / Open Space is shown to the east to recognize the 100 year flood plain of Fourche and Branch Creeks. The PK/OS shown for Branch Creek wraps around to the south of the study area and crosses Stagecoach Road. The land along the west side of Stagecoach Road is shown as Mixed Use. MASTER STREET PLAN: Stagecoach Road is shown as a Minor Arterial that is built to the Master Street Plan standards of a four-lane Minor Arterial with Bike Lanes. A Class II Bikeway is shown on Stagecoach Road from Brodie Creek to County Line Road. Development of the study area may introduce a number of curb cuts along the east side of the Stagecoach Road right-of-way. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 show the 100-year flood plain of Fourche Creek as a Potential Greenbelt. Development of the study area will need to respect the integrity of the drainage system located in the 100- year flood plain of Fourche Creek as well as the integrity of the Potential Greenbelt shown in the Master Plan of 2001. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Otter Creek / Crystal Valley Neighborhood Action Plan. The plan lists an objective, which recommends limiting commercial and office development in the “heart” of the planning area (located on Stagecoach Road between Baseline and Otter Creek Roads) to that, which serves the neighborhood (C-1 uses). In addition, the first objective supports placing the more intense uses on the periphery of the study area. This application is located inside the “heart” of the study area as described by the neighborhood action plan. March 25, 2004 ITEM NO.: 12 (Cont.) FILE NO.: LU04-16-01 3 ANALYSIS: The back of the applicant’s property abuts the Fourche Creek 100-year floodplain. The area shown as Park/Open Space that corresponds with the boundary of the 100-year flood plain will create a boundary that will restrict development at the rear of the property. Future access to the property will also likely be limited to traffic on Stagecoach Road due to the flood plain. Future development of the neighboring property shown as Park/Open Space located in the 100-year floodplain should be limited in scope. Future development of the applicant’s property should take place in a manner that preserves the integrity of the natural environment characteristic of the land to the east. The development potential of the land along the west side of Stagecoach Road shown as Mixed Use is not limited by the presence of a flood plain, except for where Stagecoach Road crosses Branch Creek. Although Single Family is shown further to the west of Stagecoach Road, the residential areas are protected by the requirement of Planned Zoning Districts in areas shown as Mixed Use. Areas developed with single family housing are likely to remain as residential developments, with houses facing side streets intersecting Stagecoach Road. However, the majority of Commercial uses located on Stagecoach Road between Baseline and Otter Creek Roads have developed on the west side of Stagecoach Road. The properties on the east side of Stagecoach shown as Office are not required to develop using the PZD process. The properties shown as Public Institutional developed for non-residential uses consist of church developed within the guidelines of the Conditional Use Permit process, which allows for review to guard against negative impacts on neighboring development. Most of the land shown as Public Institutional along the east side of Stagecoach Road is developed with church, which are compatible with Office uses. Most of the land along the east side of Stagecoach Road between the nodes of Commercial at the intersections of Baseline Road and Otter Creek Parkway is shown as either Public Institutional or Office, providing the east side of the road with a consistency of compatibility in land use shown. A change to Commercial on the east side of Stagecoach Road would not only increase the intensity of development in the area but would allow non-residential uses without the review required by the PZD process. A change to Commercial would also allow developments to located across the street from existing residential areas. The Mixed Use shown on the west side of Stagecoach Road allows for a stricter review process to protect the integrity of the residential areas March 25, 2004 ITEM NO.: 12 (Cont.) FILE NO.: LU04-16-01 4 to the west. A change to Commercial would increase the intensity of uses in an area where a stricter review process would also be desirable to protect the environmental integrity of the vacant land to the east. With the exception of the two churches and three houses on the east side of Stagecoach Road, much the east side of the road remains vacant and undeveloped. This change would open the east side of Stagecoach Road to the possibility of continuous commercial strip development. Currently, the PK/OS shown for Branch Creek serves as the boundary between the more intense uses along Stagecoach Road at Otter Creek Parkway and the less intense uses to the north. A change to Commercial would increase the intensity of development in an area of low intensity. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: SW Little Rock UP, WCLR Coalition of Neighborhoods, Meyer Lane Neighborhood Association, Alexander Road Neighborhood Association, Otter Creek Homeowners Association, Quail Run Neighborhood Association, Rolling Pines Neighborhood Association, and Crystal Valley Property Owners Association. Staff has not received any comments from area residents or neighborhood associations. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. Although the east side of Stagecoach Road at this location has not developed for residential uses, staff believes that office developments would be more in character with the existing development pattern than retail uses. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The item was placed on the consent agenda for withdrawal. A motion was made to waive the by-laws for a five-day notice to defer prior to the Planning Commission meeting. That motion was made and approved with a vote of 10 ayes, 0 noes, and 1 absent. The item was withdrawn with a vote of 10 ayes, 0 noes, and 1 absent. March 25, 2004 ITEM NO.: 12.1 FILE NO.: Z-7597 Owner: Otter Creek Development Company, LLC Applicant: White-Daters and Associates Location: East side of Stagecoach Road, approximately 1,600 feet north of Otter Creek Parkway Area: 1.942 acres Request: Rezone from R-2 to C-3 Purpose: Future general commercial development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Church, single family residences, new multifamily development and undeveloped property (along Stagecoach Road); zoned R-2, MF-12 and O-1 South – Undeveloped property and a utility substation; zoned R-2 East – Creek and undeveloped property; 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. Show the existing right-of-way on the survey. 2. 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. Show the existing floodway and floodplain boundaries. 3. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. March 25, 2004 ITEM NO.: 12.1 (Cont.) FILE NO.: Z-7597 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Otter Creek, Crystal Valley 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 C-3 General Commercial for future commercial development. A land use plan amendment for a change to Commercial is a separate item on this agenda. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Otter Creek/Crystal Valley Neighborhood Action Plan. The plan lists an objective, which recommends limiting commercial and office development in the “heart” of the planning area (located on Stagecoach Road between Baseline and Otter Creek Roads) to that, which serves the neighborhood (C-1 uses). In addition, the first objective supports placing the more intense uses on the periphery of the study area. This application is located inside the “heart” of the study area as described by the neighborhood action plan. E. STAFF ANALYSIS: Otter Creek Development Company LLC, owner of the 1.942 acre property along 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 “C-3” General Commercial District. The rezoning is proposed to allow future general commercial development. The property is currently undeveloped and partially tree-covered. It appears that some site work has been done recently. March 25, 2004 ITEM NO.: 12.1 (Cont.) FILE NO.: Z-7597 3 There are two (2) churches and undeveloped O-1 zoned property to the north along the east side of Stagecoach Road. There is undeveloped R-2 zoned property and a utility sub-station to the south. Single family residences on large lots are located to the west across Stagecoach Road, with additional single family residences and a multifamily development (currently under construction) to the northwest. A creek and undeveloped R-2 zoned property is located to the east. The City’s Future Land Use Plan designates this property as Public Institutional. The applicant has filed a Land Use Plan Amendment for a change to commercial (Item 12. on this agenda). Staff does not support the requested rezoning. Given the Future Land Use Plan for the general area, staff believes locating C-3 zoning along the east side of Stagecoach Road is inappropriate. The future Land Use Plan shows Public Institutional and Office along the east side of Stagecoach Road, with Mixed Use along the west side. The area of Mixed Use requires a Planned Zoning Development for non-residential developments. Neighborhood Commercial and Community Shopping designations are located further to the south at the intersection of Stagecoach Road and Otter Creek Parkway. Therefore, staff feels that an office zoning, such as O-2, which requires a site plan review would be more appropriate for the area. Staff feels that straight C-3 zoning for the property will adversely impact the future development of this area along Stagecoach Road. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be withdrawn. Staff supported the withdrawal request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant’s request for withdrawal, being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was withdrawn. March 25, 2004 ITEM NO.: 13 FILE NO.: Z-3442-I NAME: Wal-Mart – Revised Conditional Use Permit LOCATION: 8801 Baseline Road OWNER/APPLICANT: Wal-Mart/Harrison French Architecture PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the addition of two glazed canopies and the expansion of the chain- link/shade cloth seasonal display area. This 24± acre tract is zoned C-3 and I-2. 1. SITE LOCATION: The site is located on the south side of Baseline Road, at its intersection with I-30. 2. COMPATIBILITY WITH NEIGHBORHOOD: The store is located in a multi-store commercial development. The proposed expansions will take place at the northwest corner of the building, well within the commercial shopping center area and away from the residential properties adjacent to the south and east. The proposed additions will not affect the store’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 SWLR United for Progress and West Baseline Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The Wal-Mart site is accessed via two driveways off of Baseline Road and an intersecting driveway through the shopping center to the west that accesses the I-30 Frontage Road. The site has 849 parking spaces, 40 of which are used for outdoor, seasonal display and sales. This 200,000± square foot store requires 533 parking spaces. The proposed canopy additions do not add to the parking requirement. 4. SCREENING AND BUFFERS: No Comments. March 25, 2004 ITEM NO.: 13 (Cont.) FILE NO.: Z-3442-I 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: Approved as submitted. Water: No objection. Fire Department: Addition may be required to be sprinkled. Contact Fire Marshall. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) David Wilgus of Harrison French was present representing the application. Staff presented the item and noted the applicant needed to submit a copy of the Bill of Assurance and a properly executed agent authorization form. Mr. Wilgus provided a copy of the Bill of Assurance. It was noted that there were no Public Works or Landscape issues. Utility and Fire Department Comments were noted. The applicant presented elevations of the additions. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A 199,140 square foot Wal-Mart Supercenter is located on the 21+ acre lot at 8801 Baseline Road. The site also contains an 849 space parking lot. The southern portion of the site, where the building and a portion of the parking lot March 25, 2004 ITEM NO.: 13 (Cont.) FILE NO.: Z-3442-I 3 are located, is zoned I-2. The northern portion of the lot, containing the remainder of the parking lot and detention areas, is zoned C-3. A conditional use permit was first approved in February 1992 to allow construction of the Wal-Mart. The conditional use permit was revised in September 1992 to allow an expansion for food sales. In November 1992, the conditional use permit was further revised, eliminating the proposed expansion and making some other changes to the site plan. In August 1997, after the store was built, the conditional use permit was revised to allow an area of outdoor- seasonal sales in an area encompassing 30 parking spaces for a period of 120 days each year and to allow for the use of trailers behind the building for seasonal layaway storage. In April 1998, the conditional use permit was revised to allow the expansion into a Supercenter. There was no change in the outdoor- seasonal display or trailer storage. In April 1999, the conditional use permit was revised to allow the outdoor-seasonal sales area to be expanded to encompass 40 parking spaces and to allow sidewalk merchandise display. The approval was for 150 days each year and allowed the outdoor display area to be equal to 105% of the building’s façade area. There was no change in the 120 days each year approved for use of the layaway trailers. On April 3, 2003, the conditional use permit was revised to allow the area of outdoor-seasonal sales to be 258 days each year, January 1 through September 15. No expansion of the outdoor- seasonal sales area was proposed and no change was proposed in the 120 days per year for the layaway trailers. The outdoor-seasonal sales was to remain in the location previously approved; on the sidewalk and in the parking lot near the building’s northwest corner. No tents or other structures were to be erected in conjunction with the outdoor-seasonal sales. Wal-Mart now requests approval of another revision to the conditional use permit; this time related to the existing garden center area. Wal-Mart proposes to construct two glazed canopies in the area at the northwest corner of the store currently occupied by the chain-link enclosed garden center. The glazed canopy addition adds 9,810 square feet of heated space which will be utilized for garden center sales during seasonal months and overflow storage during holiday months. The canopies are equipped with retractable sidewalls and radiant heaters. They will not be conditioned during seasonal weather, as the sidewalls would be opened. Wal-Mart also proposes to construct a chain-link/shade cloth outdoor garden center area directly in front of the store, on a 50-foot wide sidewalk adjacent to the garden center. The new chain-link area will be 34 feet deep, leaving a 16-foot wide sidewalk. Staff is supportive of the requested conditional use permit. The proposed glazed canopies and garden center expansion are located within the confines of the existing garden center/chain-link area and on the area of the sidewalk previously March 25, 2004 ITEM NO.: 13 (Cont.) FILE NO.: Z-3442-I 4 approved for outdoor sales. There is sufficient parking on the site to accommodate the use and no other changes are proposed to the site. Staff has been made aware of two issues raised by neighbors. Some of the previously required landscape materials have died and have not been replaced and the previously approved outdoor-seasonal parking lot display area has been expanded beyond that area approved by the Commission. Staff notified Wal- Mart of the outdoor display violation. Wal-Mart has asked that this application proceed forward due to construction time commitments. They will file another revision to address the outdoor display issue. Staff believes all required landscaping and buffer issues must be resolved at the time of building permit for the glazed canopies and garden center expansion. The applicant did submit the required agent authorization and bill of assurance. There is no bill of assurance issue. To staff’s knowledge, there are no outstanding issues related to this application. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with Utility and Fire Department Comments in section 6 of the Staff Report. 2. All required landscaping and buffers are to be replaced as needed. 3. There is to be no permanent display on the remaining sidewalk in front of the store, outside of the chain-link shade cloth area. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There was one party present to speak regarding the issue. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. Janet Berry, of SWLR United for Progress, stated the Association had no problem with the current proposal but wanted to go on record as being opposed to an upcoming request to allow the seasonal parking lot display area to be expanded. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 14 FILE NO.: Z-4420-C NAME: Greater Center Star Baptist Church Parking Lot – Conditional Use Permit LOCATION: 3215 Riffle Avenue OWNER/APPLICANT: Greater Center Star Baptist Church/Ron Woods PROPOSAL: A conditional use permit is requested to allow for development of a church parking lot on these three, vacant, R-3 zoned lots. 1. SITE LOCATION: The property is located on the east side of Riffle Avenue, one-lot north of West 33rd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located near the southern fringe of a residential neighborhood. The larger area around the site is occupied by single family and two-family residences. There are several non-residential use in the immediate vicinity including the church to the west across Riffle, a restaurant and a boys and girls club to the south and multiple commercial and light industrial uses along Arch Street to the east. The proposed church parking lot 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 Meadowbrook and MLK Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The proposed parking lot is accessed via a single driveway off of Riffle Avenue. The parking lot is proposed to contain 22 spaces. The parking lot will be paved and landscaped to comply with city code. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. • The proposed on-site street landscape buffer width is less than the 6- feet 9-inch minimum allowed by the zoning buffer and landscape ordinances. Additionally, the proposed width of the northern and southern perimeter land use buffers and landscaping strips are less March 25, 2004 ITEM NO.: 14 (Cont.) FILE NO.: Z-4420-C 2 than the 6-feet 9-inch minimums allowed by the zoning buffer and landscape ordinances. • Interior landscaping islands must comprise at least 6-percent (520 square feet) of the on-site vehicular use area. Interior islands must be at least 5-feet 8-inches in width and 113 square feet in area. • A 6-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. • These requirements take into account the reductions allowed within the designated mature area of the City. 5. PUBLIC WORKS COMMENTS: 1. Repair or replace curb and gutter that is damaged in the public right- of-way prior to occupancy. Replacement will likely be necessary. 2. Sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. A pedestrian crossing should also be provided to the church property. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: CATA Bus Routes are located in the general vicinity along Martin Luther King, Jr. Boulevard and along Gaines Street. March 25, 2004 ITEM NO.: 14 (Cont.) FILE NO.: Z-4420-C 3 SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicant, Ron Woods, was present. Staff presented the item and noted additional information was needed regarding signage, site lighting and fencing. The applicant was advised to submit a copy of the Bill of Assurance. Staff asked if the parking lot would be shared by my other users, specifically customers of the restaurant on the adjacent property. Mr. Woods responded that there was currently no agreement to allow use of the parking lot by others. Staff asked that a crosswalk be provided across Riffle Avenue, from the parking lot to the church. It was noted that the perimeter and interior landscaping areas proposed fell below the Ordinance minimum. Mr. W oods responded that he would revise the plan to comply with ordinance standards. Mr. Woods stated he would request a variance of the requirement to install screening along the south perimeter since the property to the south, although zoned R-3, was occupied by a restaurant. Mr. Woods was advised to respond to Staff issues by March 10, 2004. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Greater Center Star Baptist Church is requesting approval of a conditional use permit to allow for construction of a church parking lot on three vacant, R-3 zoned lots located at 3215 Riffle Avenue. The church is located directly west of the site, across Riffle Avenue. The proposed 22-space parking lot will be accessed via a single driveway off of Riffle Avenue. The parking lot will be paved and landscaped to comply with city code. A variance is requested from the screening requirement along the south perimeter of the proposed parking lot. Although the property adjacent to the south is zoned R-3, it is occupied by a nonconforming restaurant (Sim’s Bar-B-Q). No signage or lighting will be installed on the parking lot site. No fencing will be installed. The required screening along the north perimeter will consist of dense landscaping materials. On March 10, 2004, the applicant submitted responses to the issues raised at Subdivision Committee. The site plan has been revised to address landscape concerns, reducing the number of proposed parking spaces from 24 to 22. There is no valid bill of assurance for the property. The landscape strip adjacent to Riffle Avenue still appears to be slightly less in width than required at one point and the proposed crosswalk needs to be relocated out of the driveway. Otherwise, to staff’s knowledge, there are no outstanding issues. The proposed parking lot should be compatible with uses in the area. March 25, 2004 ITEM NO.: 14 (Cont.) FILE NO.: Z-4420-C 4 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the Staff Report. 2. Submission of three (3) copies of a final revised site plan showing the proper landscape strip adjacent to Riffle Avenue and the crosswalk being relocated out of the driveway. Staff recommends approval of a waiver of the requirement to install screening along the south perimeter where the site is adjacent to the restaurant property. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 15 FILE NO.: Z-5470-B NAME: Little Rock Church – Revised Conditional Use Permit LOCATION: 10701 West Baseline Road OWNER/APPLICANT: Little Rock Church/Dave Garner PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for the addition of a second temporary portable building and the continued use of a previously approved temporary portable building; both for a period of 36 months. This 7.22± acre tract is zoned R-2. 1. SITE LOCATION: The property is located on the south side of West Baseline Road; 600± feet east of Sibley Hole Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The existing church is located in area of mixed zoning and uses ranging from undeveloped, R-2 zoned property to light and moderate intensity industrial uses. The modular classroom buildings are located behind the church building and should have no effect on nearby properties. 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 Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed via a single driveway off of West Baseline Road. The existing driveway and parking lot are paved. The parking lot contains 94± spaces. No changes to the driveway or parking lot are proposed. The proposed addition of a classroom building and a storage building will not affect the church’s parking requirement. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments related to addition of a portable building. March 25, 2004 ITEM NO.: 15 (Cont.) FILE NO.: Z-5470-B 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Additional water facilities will be installed at the developer’s expense. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicants were present. Staff presented the item and noted a copy of the Bill of Assurance was needed. Staff commented that the building must be installed to comply with building code requirements and a paved walkway would need to be installed to provide access to the building. Utility and Fire Department Comments were noted. The applicants questioned the water utility comment that an additional fire hydrant would be required. They stated the Fire Marshall had inspected the site and had stated no additional hydrant was needed. The applicants were advised to contact Marie Dugan at Central Arkansas Water. The applicants stated they were asking for 3-years use of the new portable building and an additional 3-years use of the portable building that had been approved in September 1991. Staff stated any recommendation of approval would be to tie the time frames together, through March 2007. The applicants were directed to respond to staff issues by March 10, 2004. The Committee determined there were no other issues and forwarded the item to the full Commission. March 25, 2004 ITEM NO.: 15 (Cont.) FILE NO.: Z-5470-B 3 STAFF ANALYSIS: Little Rock Church is located on the R-2 zoned, 7.22± acre tract at 10701 West Baseline Road. On July 30, 1991, the Planning Commission approved a conditional use permit for the church. The approved plan included a 12,000 square foot building, a paved parking lot, a future softball field; a future pavilion with outside seating and a future access driveway along the west property line. To date, the church building, parking lot and a driveway along the east property line have been constructed. On September 6, 2001, the Commission approved a revision to the conditional use permit allowing the church to place a modular classroom building on the site for up to 36 months. The modular building was placed behind the church building. During the 36-month approval period, the church was to consider more permanent solutions to their need for increased space. The church is not yet ready to move forward with plans for a permanent building expansion. They are now requesting approval to use a second modular classroom building for up to 36 months and a 36-month extension of the previously approved modular building. The leadership of the church has committed to the addition of one or more permanent structures to accommodate the church’s growth and ministry needs. In addition to the two modular classroom buildings, the church is proposing to place a small accessory building (8’ X 24’) on the site as storage space for the church’s food bank ministry. Staff is supportive of the requested conditional use permit. Allowing use of the modular buildings for up to 36 months will have no effect on the neighborhood or adjacent properties. The buildings are located behind the existing church building. During this 36-month period, the church needs to submit plans to the Commission for permanent facilities and removal of the modular buildings. On March 10, 2004, the applicant submitted responses to the issues raised at Subdivision Committee. The site is not covered by a bill of assurance. The church has stated installation of the building will comply with building code requirements and paved access to the building will be constructed. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the Utility and Fire Department Comments outlined in Section 6 of the Staff Report, as applicable. March 25, 2004 ITEM NO.: 15 (Cont.) FILE NO.: Z-5470-B 4 2. Installation of the modular classroom building is to comply with building code requirements. 3. Access to the modular classroom building is to be via a paved walkway. 4. Use of both modular classroom buildings is to be for no more than 36 months; through March 25, 2007. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 16 FILE NO.: Z-5600-C NAME: Chenal Mini-Storage – Revised Conditional Use Permit LOCATION: 24,300 Chenal Parkway OWNER/APPLICANT: Chris Thornton/Patrick McGetrick PROPOSAL: A revision to a previously approved and revised conditional use permit is requested to allow for the splitting of a single second phase into two separate phases, to allow a reconfiguration of buildings, the addition of climate controlled space and the addition of a two-story building containing some general commercial lease space. The property is zoned C-3. 1. SITE LOCATION: The site is located on the east side of Chenal Parkway, approximately 350 feet north of Cantrell Road (Hwy. 10). 2. COMPATIBILITY WITH NEIGHBORHOOD: A conditional use permit for the phased construction of a mini-warehouse development was first approved for this site in 1997. The first phase was constructed at that time and has been in operation since then. The current proposal does not expand the boundary of the site nor should it change the development’s compatibility with the neighborhood. Since the original approval, addition nonresidential and multifamily development has occurred in the general area around the site. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Pinnacle, Aberdeen and DuQuesne Place Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site will continue to be accessed via the single driveway off of Chenal Parkway. Four customer parking spaces are located adjacent to the office building. Adequate driveways and parking are located around each of the mini-warehouse buildings. The lower floor of the Phase IV building is proposed to be used for permitted C-3 commercial and office uses. A 33- space parking lot will be located in front of this building. Uses within that building must be limited to those requiring no more than 33 total parking spaces. No restaurant is proposed or will be permitted in the Phase IV building. March 25, 2004 ITEM NO.: 16 (Cont.) FILE NO.: Z-5600-C 2 4. SCREENING AND BUFFERS: • Compliance with the City’s Landscape and Buffer Ordinances is required. • The proposed parking area does not provide for the 8-percent (1,117 square feet) of interior landscaping required by the landscape ordinance. Interior landscape islands must be at least 7 ½ feet in width and 150 square feet in area. Additionally, a small amount of building landscaping is required between the public parking and building. There is considerable flexibility with this requirement. • A 6-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern perimeter of the site. In addition to this screening requirement, the northern land use buffer are must be re-established with trees and shrubs. This area has suffered significant erosion and will require re-stabilization prior to a final certificate of occupancy being issued. • Prior to a building permit being issued, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. • An irrigation system to water landscaped area will be required. 5. PUBLIC WORKS COMMENTS: 1. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any additional land clearing or grading activities at the site. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. 2. In accordance with Section 29-186(f), a Sketch Grading and Drainage Plan will be required. Contents must address all requirements in Section 29-188(a). 3. Provide a schedule showing dates for completing the installation of erosion controls on site and restoring adjacent disturbed property. 4. Obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. March 25, 2004 ITEM NO.: 16 (Cont.) FILE NO.: Z-5600-C 3 CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Separate water service to this phase will be required unless the parcels are combined to form a single parcel. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. On site fire protection will be required and will be installed at the Developer’s expense. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per Code. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. A CATA express route is located along Cantrell Road, to the south. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Patrick McGetrick was present representing the application. Staff presented the item and noted additional information was needed regarding building height and design, signage, hours of operation, site lighting, dumpster screening and fencing. Staff asked that the proposed phase lines be more clearly delineated and any areas of outdoor storage be labeled. Staff noted that a copy of the Bill of Assurance needed to be submitted. Staff informed Mr. McGetrick that the uses proposed in one of the building (top floor warehouse and bottom floor office/showroom) were not permitted in C-3, even with a conditional use. He was asked to clarify the use of that building. Public Works and Landscape Comments were discussed at length. It was noted that this site was currently in violation of the City’s Land Alteration Ordinances and a restoration plan needed to be submitted. Mr. McGetrick was advised to submit a restoration plan addressing the violation and a sketch grading plan for the current proposal. It was noted that the applicant had actually encroached on an adjacent property with his illegal grading. Mr. McGetrick noted that adjacent property was not included in this application and the applicant and adjacent property owner were working to resolve the issue. Mr. McGetrick was again advised that the land alteration violation needed to be addressed. March 25, 2004 ITEM NO.: 16 (Cont.) FILE NO.: Z-5600-C 4 The applicant was advised to respond to staff issues by March 10, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: On May 15, 1997, the Commission approved a conditional use permit allowing for the two-phased construction of a mini-warehouse development on this C-3 zoned tract. The phase line split the site roughly in half, north and south. Phase I, the south half, consisted of 12, one-story buildings and a two-story manager’s office/apartment. Phase II consisted of 12 more, one-story buildings. Areas for RV and boat storage were shown in each phase. On May 2, 2000, staff approved a modification to the approved site plan. The phase lines remained as approved. The modification allowed a more east-west orientation of the buildings in each phase and a consolidation of the approved square footage into fewer buildings. Phase I consisted of 9 buildings, eight lying east to west and one lying parallel to Chenal Parkway. Phase II consisted of 8 buildings lying east to west. Areas for RV and boat storage were maintained in each phase. Phase I was constructed. On December 7, 2000, the Commission approved a revision of the conditional use permit. That revision allowed one of the buildings in Phase I to be used for conditioned mini-warehouse and realigned the Phase II buildings. Phase II was approved for 6 buildings to be oriented roughly parallel with Chenal Parkway. Eight spaces for storage of RV’s and boats were shown in Phase II. Truck rental was added as a permitted use. Eight spaces either for truck rental or RV and boat storage were shown in Phase I. The building facades facing Chenal Parkway were required to be brick. None of the Phase II buildings have been constructed, although the applicant has done grading on that portion of the site in violation of the City’s Land Alteration Ordinance. An appeal of that Land Alteration Violation notice is a separate item on this agenda. The applicant is now requesting approval of a revision to the conditional use permit. The previously approved Phase I has been indicated as Phases I and II. These two phases have been completed. The previously approved Phase II (the north half of the property) is now proposed as Phases III and IV. Phase III is proposed to consist of 5 mini-warehouse buildings lying east to west. Four of the buildings are one-story in height. One of the buildings, due to the terrain is two stories on the south side and one-story on the north side. The top floor is proposed to be more climate controlled (conditioned) mini-warehouse space. Twelve spaces of parking for RV and boat storage are shown in Phase III. Phase IV is now proposed to consist of a single, two-story building lying parallel to Chenal Parkway, with a parking lot located between the building and the street. The top floor is proposed to contain climate controlled (conditioned) mini- warehouse space and the bottom floor is proposed to be divided into tenant March 25, 2004 ITEM NO.: 16 (Cont.) FILE NO.: Z-5600-C 5 spaces for various permitted C-3 uses. Due to the terrain, access to the upper floor will be through the mini-warehouse development at the back and access to the lower floor will be from the front. There will not be access from the lower floor to the upper floor. The mini-warehouse buildings will be constructed of metal. The commercial/office building will have a metal roof and back. The façade facing Chenal Parkway will be brick and metal. Existing signage will remain for the mini-warehouse development. A new ground-mounted sign, meeting Chenal Parkway overlay standards, will be erected in front of the commercial/office building. Hours of operation for the mini-warehouse development are 24 hours, 7 days a week. Hours for the commercial/office building are 7:00 a.m. – 9:00 p.m., Monday through Friday. Site lighting will be located on the buildings and will be directed downward and inward. Parking lot lighting for the commercial/office building will be on 15-foot tall poles and will be shielded downward and inward to the site. Screening will be installed on the perimeters of the site. Although there have been issues related to land alteration, staff continues to be supportive of the proposed development. On March 10, 2004, the applicant submitted responses to the issues raised at Subdivision Committee and reflected in the analysis above. There is no bill of assurance issue. The uses proposed for occupancy of the lower floor of the commercial/office building must comply with the parking requirements for a 33 space parking lot. This will assure a mix of low intensity uses. The issue of the land alteration violation must be resolved prior to the issuance of any permits for further construction on the site. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the Staff Comments and Conditions outlined in Sections 4, 5 and 6 of the staff report. 2. All roofing is to be constructed of nonreflective material. 3. All signage must comply with the Chenal Parkway overlay standards. 4. The façade of the commercial/office building must be constructed of brick, with metal trim only. 5. All site lighting must be shielded downward and into the site. March 25, 2004 ITEM NO.: 16 (Cont.) FILE NO.: Z-5600-C 6 6. The land alteration violation issue must be resolved and the site brought into compliance with the Land Alteration Ordinance prior to the issuance of any permits for any construction on the site. 7. Uses within the ground floor of the commercial/office building must comply with the ordinance established parking requirement for a parking lot with 33 spaces. No restaurant will be permitted on the site. 8. Use of the mini-warehouse buildings, including the climate controlled buildings, must comply with the Ordinance definition of a “mini-warehouse” and not be used for bulk storage or warehousing. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 25, 2004 ITEM NO.: 17 FILE NO.: Z-5649-C NAME: Southwest Christian Church – Revised Conditional Use Permit LOCATION: 10,915 Stagecoach Road OWNER/APPLICANT: Southwest Christian Church/Bruce Newton PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for the use of a temporary portable building and of unpaved parking for up to seven (7) years. This vacant, 9.7± acre tract is zoned R-2. 1. SITE LOCATION: The property is located on the south side of Stagecoach Road, approximately 0.3 miles south of Otter Creek Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed church site is located in an area of mixed zoning and uses. Vacant, C-1 and R-2 zoned properties are located across Stagecoach Road to the north. Vacant, I-2 zoned property is adjacent to the west. Vacant, R-2 zoned property and floodway are adjacent to the south and east. An MF-18 zoned multifamily development is located to the northwest. Numerous commercial uses, including a nonconforming salvage yard are located nearby to the east. A city park and a large mobile home park are nearby to the west. Although the proposed use of the site for a church is compatible with uses and zoning in the area, staff does have concerns about the proposal to use a portable building and unpaved parking for up to seven (7) years. Allowing such substandard development for that length of time could negatively impact the neighborhood. 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 this request. 3. ON SITE DRIVES AND PARKING: The church is proposing to construct a gravel driveway and parking lot and is requesting use of the unpaved driveway and parking for up to March 25, 2004 ITEM NO.: 17 (Cont.) FILE NO.: Z-5649-C 2 seven years. The driveway is proposed to be paved within the public right-of-way to prevent the tracking of dirt and gravel onto Stagecoach Road. The parking lot will be enclosed by cross-ties to contain the gravel and protect the landscape areas. The worship area in the portable building will seat 45 persons, requiring 11 parking spaces. The handicap parking space will be paved and a paved walkway will provide access from that space to the building. 4. SCREENING AND BUFFERS: • Landscape areas should be protected from gravel and vehicular traffic by cross-ties or another approved border. • Reserved parking spaces for the physically disabled must be 8-feet wide with an 8-foot wide designated aisle. The designated aisle must be paved and lead to the point of accessible route without barriers. The parking area must be paved and flat and have appropriate signage. 5. PUBLIC WORKS COMMENTS: 1. All previous comments on the previously approved conditional use permit apply to this modification. 2. Dedication deeds should be furnished now for right-of-way line and floodway easements. 3. If gravel parking is approved, the entrance should be paved to prevent tracking of dirt and gravel onto Stagecoach Road. 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: 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. An additional fire hydrant will be required near the building. Information regarding the location of this required hydrant was sent to Trent Bulie at Petitt and Petitt. This fire hydrant will be private and the developer will pay the cost of installation of March 25, 2004 ITEM NO.: 17 (Cont.) FILE NO.: Z-5649-C 3 required water facilities. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicants were present. Staff presented the item and noted additional information was needed site lighting, signage and the seating capacity of the worship area in the proposed portable building. It was noted that the building would have to be installed to comply with building code requirements. Staff noted the requirement that the driveway apron, handicap parking stalls and sidewalk to the building be paved. Staff also noted that the right-of-way and floodway dedication deeds should be provided at this time. Staff noted a concern over allowing the gravel parking area and portable for up to seven (7) years. Landscape Comments were noted. The applicant was advised to respond to staff comments by March 10, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: On September 18, 2003, the Commission approved a conditional use permit allowing for the phased development of this R-2 zoned, 9.7± acre tract for a church. Phase I was to consist of a single building and a paved driveway and 25 space parking lot. Phase II was to consist of a second building and additional parking. The Phase I worship area was proposed to have seating for 100 persons. The Phase II seating capacity was not proposed. No additional activities such as private school or day care were proposed. Approval was given to allow placement of a portable building on the site to be used as a construction office/storage building. The Commission also recommended approval of a 5-year deferral of the required improvements to Stagecoach Road. That deferral request has not yet been to the Board of Directors. The Commission also approved a waiver of the screening requirement along the south perimeter of the site since it is adjacent to a large, undevelopable floodway. The church has not been constructed. Southwest Christian Church is now requesting a revision to the previously approved conditional use permit. The church is proposing to place a second 28’ X 64’ portable building on the site adjacent to the location of the proposed March 25, 2004 ITEM NO.: 17 (Cont.) FILE NO.: Z-5649-C 4 church building. The church is asking that use of the portable building as a church be approved for up to seven years. The church is also requesting use of gravel parking and driveways for a corresponding seven year period. At the end of the seven year period, the church proposes to have constructed its Phase I building and the paved driveway and parking lot. No other changes to the previously approved conditional use permit are proposed. Staff cannot support the use of the portable building or the unimproved driveway and parking for seven years. Allowing such substandard development for that extended length of time could prove detrimental to the neighborhood. It could be that the church’s plans for occupancy of the site are premature if they are unable to commit to proper development within a more reasonable time. Staff could support use of site as proposed for no more than 36 months. STAFF RECOMMENDATION: Staff recommends denial of the application as filed. Staff recommends approval of use of the portable building and gravel driveway and parking for no more than 36 months subject to compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the Staff Report. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicants were present. Staff informed the Commission that the applicants had agreed to limit use of the portable building and gravel driveway and parking to 36 months. Staff recommended approval of the amended application subject to compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the Staff Report. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes and 3 absent. March 25, 2004 ITEM NO.: 18 FILE NO.: Z-7253-B NAME: Central High School Baseball Field – Revised Conditional Use Permit LOCATION: 1500 South Park Street OWNER/APPLICANT: Little Rock School District/Melanie Gibson PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for the installation of lighting to the baseball field on this R-4 zoned, 20± acre high school campus. 1. SITE LOCATION: The Central High School Campus is located between Daisy L. Gatson Bates Drive, West 16th Street, Park Street and Jones Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The campus has been a part of this neighborhood for many years. The baseball field is located mid-campus, between the main school building and the football field. This area has been used for years for athletic activities. The baseball field is in close proximity to the football field which regularly has evening and night events that require lighting. Allowing lighting of the baseball field, which typically should not extend past 10:00 p.m., should not affect the school’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the northern and southern boundary of the campus in the vicinity of the baseball field, all residents within 300 feet of the campus who could be identified and the Central High Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: No new parking lots or driveways are proposed through this action. Existing on and off campus parking lots will be utilized. Since most games occur after school hours, adequate parking should be available near the ball field. 4. SCREENING AND BUFFERS: No Comments. March 25, 2004 ITEM NO.: 18 (Cont.) FILE NO.: Z-7253-B 2 5. PUBLIC WORKS COMMENTS: 1. No Comments. Public frontage improvements are underway. Call Public Works for final inspection when all work has been completed. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: A CATA Bus Route is located adjacent to the site, along West 13th Street. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Melanie Gibson, the applicant, and Doug Eaton, of the LRSD, were present. Staff presented the item and noted that a copy of the bill of assurance needed to be provided. Staff also asked that written approval be provided from the National Park Service. Mr. Eaton responded that the Park Service’s boundary stopped behind the main building, east of the ball field, but he would provide a statement from them. Staff asked if it would be appropriate to have the applicant notify, via certified mail, the property owners located north and south of the campus, in the area of the ball field, rather than around the entire campus. Staff stated notices would be sent by the City to the neighborhood association and to all residents who could be identified within 300 feet of the campus perimeter. The Committee determined that doing the notices in that manner would be sufficient. The applicant was advised to respond to staff issues by March 10, 2004. The Committee forwarded the item to the full Commission. March 25, 2004 ITEM NO.: 18 (Cont.) FILE NO.: Z-7253-B 3 STAFF ANALYSIS: The Central High School campus is located on a 20+ acre site bounded by Park, Jones, Daisy Bates and West 16th Streets. The school buildings occupy the eastern third of the campus. The western third of the campus is occupied by the football field and stands. The middle third of the campus contains a parking lot and a baseball field and stands. The area where the baseball field is located was previously used for athletic events including football practice. Staff approved the construction of a baseball field in this area with the understanding that any lighting of the field would have to be approved by the Planning Commission. Staff felt that day time use of the area for baseball was consistent with the historic use of this part of the campus. Allowing lighting for nighttime practice and games would be enough of a change that it would not be approved at staff level. The baseball field has been constructed and dedication ceremonies occurred earlier in March 2004. The Little Rock School District has filed this conditional use permit application requesting permission to install lighting on the baseball field. The lights are to be installed on seven poles strategically placed around the perimeter of the field by a professional lighting company. Two light standards on the adjacent football field will be used. The lights will be mounted at 70 feet. The high school baseball season runs from late February through the end of April. The team beings practice on the field in November. The lights will be in use once daylight savings time ends until 6:00 or 6:30 during the week. During the season, baseball games begin between 4:30 and 5:30 in the afternoon. Two games (varsity and junior varsity) are scheduled some nights. Games last approximately 1.5 hours each. Staff is supportive of the request. Allowing the lighting of the ball field should not affect the school’s continued compatibility with the neighborhood. During practice season, the lighting will normally only be on until 6:00 – 6:30 in the evening. As a general rule, during the baseball season, the lighting should not be on past 9:00 – 10:00 at night. The adjacent football field has had lighting for many years and is used by LRSD Schools other than Central High. There is not a bill of assurance issue. Since a portion of the Central High School Campus is a national historic site, written approval should be submitted by the Parks Service prior to installation of the lighting. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: March 25, 2004 ITEM NO.: 18 (Cont.) FILE NO.: Z-7253-B 4 1. Use of the lighting is to be as submitted by the applicant and described in the “Staff Analysis” above. 2. A statement of approval from the National Parks Service must be submitted prior to installation of the lighting. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 19 FILE NO.: Z-7482-A NAME: Geyer Springs Church of Christ – Revised Conditional Use Permit LOCATION: 6004 West 53rd Street OWNER/APPLICANT: Geyer Springs Church of Christ PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for use of a church education building as a dormitory for seminary students and families. The previous approval was for up to 10 single men. The current proposal is for up to 25 persons, including some single men and some families. The property is zoned R-2. 1. SITE LOCATION: The property is located on the north side of West 53rd Street, one lot east of S. University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church itself has been a part of this neighborhood for many years. The buildings were once home to classes of the Central Arkansas Christian School. The intensely commercial University Avenue corridor is adjacent to the west. A C-3 zoned apartment complex is adjacent to the east. A mixture of R-2 zoned residential properties and C-3 zoned commercial properties are located around the site. Allowing the use of a portion of the existing building for a dormitory use should not affect the church’s compatibility with the neighborhood. Staff does, however, have concerns about the specifics of this use. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Geyer Springs and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site contains a large parking lot that is mostly unused except on worship service days. Additional parking is located on the south side of West 53rd Street, around the church office building. It is anticipated that some of the students will not drive. There is adequate parking on the site. March 25, 2004 ITEM NO.: 19 (Cont.) FILE NO.: Z-7482-A 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: Approved as submitted. 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 Kealts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Fire Department: May be required to be sprinkled. Contact Fire Marshall. County Planning: No Comments. CATA: A CATA Bus Route is located just west of the site, along S. University Avenue. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Jerry Oates and Lee Motes were present representing the application. Dana Carney, of the Planning Staff, informed the Committee that he, Interim Planning Director Steve Beck and Plan Examination Administrator Mark Whitaker had toured the facility. Mr. Carney informed the Committee that there were March 25, 2004 ITEM NO.: 19 (Cont.) FILE NO.: Z-7482-A 3 numerous building code violations that needed to be addressed in relation to this use. It was noted that a condition of the previous approval was “compliance with building code requirements for conversion of a portion of this building into a residential occupancy.” Mr. Carney noted that the building was being occupied and these requirements had not been complied with. Staff presented a report from Mr. Whitaker based on his walk-through of the facility. His report included the following comments: • In regard to habitable dwellings, any use intended as an apartment should be equipped with potable water within the unit. Retrieving drinking and cooking water from a common restroom is not appropriate. • If apartments are developed, rated demising walls should exist between the units. This would require the separation to be extended up to the deck, taped and sealed. • Some of the units were using multiple extension cords for hot plates, crock- pots and other similar appliances. Again an apartment setting would be required to have dedicated electrical circuits for major kitchen appliances such as a stove, refrigerator or deep freeze. This setting may lead to an electrical short and cause a fire in the building. Some additional circuitry wiring could be required to minimize this possibility. • The existing restrooms and the closet were not designed to exhaust the shower moisture. Ventilation, properly sized is required to vent this humidity to the outside. This moisture will lead to environmental problems if not remedied. If apartments were developed, individual bathrooms would be required. Drinking fountains are needed on each floor. • The exit doors must provide 34 inches in the clear for minimum egress. This does not include the strike or the jamb on the door. Therefore, most egress doors are 36 inches wide. The existing doors have been altered and the correct width may not be available. Exit lights are request to be operational on either end of the halls. Emergency lighting should be installed in the corridors. • Hard-wired smoke detectors with an auxiliary power source are required in each sleeping unit, properly installed, and interconnected with detectors in the hallway. The existing HVAC system should be upgraded with a smoke detector shutdown control on the return air plenum. • The sleeping areas must have an operational window to the outside which gives a clear opening of 20 inches in width, minimum and 24 in height and provide a clear area of 5.0 square feet for the ground floor and 5.7 for the 2nd floor. The two minimum dimensions will not equal 5.0 square feet. March 25, 2004 ITEM NO.: 19 (Cont.) FILE NO.: Z-7482-A 4 • Some applications should be made toward making the first floor area barrier free for those with physically disabilities. This would include the entrance into this area and the restrooms that exist on the first floor. Upgrades would be contingent on the amount of financial improvements evaluated at fair market value. The applicants stated they would review the list and get with someone about the required changes. It was noted that there were no Landscape or Public Works Comments. Utility Comments were noted. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Geyer Springs Church of Christ occupies the R-2 zoned property located at 6004 West 53rd Street. The site contains a sanctuary building, an education building and a detached multipurpose building. Parking is located around the church and across West 53rd Street. The church is part of a consortium of Churches of Christ that conduct the Alpha and Omega Bible Institute. The Bible Institute (seminary) trains men of Spanish heritage for ministry. The Institute’s classes are conducted at Central Church of Christ (formerly 6th and Izard Church of Christ). On December 4, 2003, the Planning Commission approved a conditional use permit allowing an unused, two-story education building on the Geyer Springs Church of Christ campus to be converted into dormitory style housing for up to 10 single male students of the Institute. The classroom building was to be converted into rooms and common bathroom facilities were to be located on each floor. The students were to have access to the church kitchen and dining facilities which are located in the detached, multipurpose building. The Planning Commission’s approval included the following conditions: 1. Occupancy of the site is to be limited to no more than 10 students of the Alpha and Omega Bible Institute. Occupancy is limited to the students only; no other persons, including family members are permitted to occupy the site. 2. Compliance with building codes requirements for conversion of the building into a residential occupancy. 3. There is to be no additional signage. The church is now requesting a revision to that previously approved conditional use permit. The school has grown and it has been discovered that some of the March 25, 2004 ITEM NO.: 19 (Cont.) FILE NO.: Z-7482-A 5 students wish to bring their wives and children with them while they go through the Institute. The church is asking that occupancy of the building be increased to 25 persons, including students, wives and children. On March 2, 2004, staff conducted an inspection of the facility and found that the two-story building had been converted into 8 living units; 4 upstairs and 4 downstairs. It was noted that the units were occupied; some by single men and some by families. A single shower stall had been constructed in a utility room on the ground floor and individual shower stalls had been placed in the men’s and ladies’ rooms on the second floor. A representative of the Building Codes Division accompanied staff and noted several concerns related to the occupancy of the building. It appears that no permits had been obtained for what remodeling had occurred. It also appears that the church has not complied with the condition of the initial conditional use permit approval that building codes requirements be complied with. His comments after that “walk-through” inspection are as follow: • In regard to habitable dwellings, any use intended as an apartment should be equipped with potable water within the unit. Retrieving drinking and cooking water from a common restroom is not appropriate. • If apartments are developed, rated demising walls should exist between the units. This would require the separation to be extended up to the deck, taped and sealed. • Some of the units were using multiple extension cords for hot plates, crock- pots and other similar appliances. Again an apartment setting would be required to have dedicated electrical circuits for major kitchen appliances such as a stove, refrigerator or deep freeze. This setting may lead to an electrical short and cause a fire in the building. Some additional circuitry wiring could be required to minimize this possibility. • The existing restrooms and the closet were not designed to exhaust the shower moisture. Ventilation, properly sized is required to vent this humidity to the outside. This moisture will lead to environmental problems if not remedied. If apartments were developed, individual bathrooms would be required. Drinking fountains are needed on each floor. • The exit doors must provide 34 inches in the clear for minimum egress. This does not include the strike or the jamb on the door. Therefore, most egress doors are 36 inches wide. The existing doors have been altered and the correct width may not be available. Exit lights are required to be operational on either end of the halls. Emergency lighting should be installed in the corridors. March 25, 2004 ITEM NO.: 19 (Cont.) FILE NO.: Z-7482-A 6 • Hard-wired smoke detectors with an auxiliary power source are required in each sleeping unit, properly installed, and interconnected with detectors in the hallway. The existing HVAC system should be upgraded with a smoke detector shutdown control on the return air plenum. • The sleeping areas must have an operational window to the outside which gives a clear opening of 20 inches in width, minimum and 24 in height and provide a clear area of 5.0 square feet for the ground floor and 5.7 for the 2nd floor. The two minimum dimensions will not equal 5.0 square feet. • Some application should be made toward making the first floor area barrier free for those with physically disabilities. This would include the entrance into this area and the restrooms that exist on the first floor. Upgrades would be contingent on the amount of financial improvements evaluated at fair market value. Staff is still supportive of the concept of allowing this building to be used as dormitory housing for the Institute’s students; even of expanding occupancy to 25 persons, including some family members. However, there are substantial concerns that the building has not been properly remodeled to accommodate the use as approved in December 2003. Consequently, staff cannot support any additional occupancy. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends denial of the revised conditional use permit application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicants were not present. There were no objectors present. Staff informed the Commission that the applicant had failed to properly complete the notification requirement and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the May 6, 2004 Agenda. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 20 FILE NO.: Z-7586 NAME: Adams Day Care Center – Conditional Use Permit LOCATION: 9009 Woodford Drive OWNER/APPLICANT: Earthalene Adams PROPOSAL: A conditional use permit is requested to allow for the conversion of the residence on this R-2 zoned property into a day care center for 16 children with 3 employees. 1. SITE LOCATION: The property is located on the east side of Woodford Drive, north of Seymour Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Merrivale Neighborhood is exclusively single family residential. Other uses are adjacent to the neighborhood, fronting onto Baseline Road. These other uses include multifamily and a variety of light industrial and commercial businesses. A nonconforming mobile home park is located to the east of Merrivale. This proposed day care center is located on a residential cul-de-sac, all adjacent properties are occupied by single family residences. Staff supported the applicant’s request for a special use permit for a day care family home across the street, at 9008 Woodford, in 1997. The current proposal is not a day care family home. There will be no residential occupancy. Staff does not feel this is the appropriate location for this use. Allowing this nonresidential use will have a negative effect on 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 and West Baseline Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A day care center for 16 children with 3 employees requires a minimum of 4 on-site parking spaces. This property has a single-wide driveway and carport that would allow for the stacked parking of up to 3 vehicles. The March 25, 2004 ITEM NO.: 20 (Cont.) FILE NO.: Z-7586 2 applicant does live across the street and does not need to park on this site. The parking arrangement does not meet code requirements for access and maneuverability. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. • If a playground is to be established, it will need to be screened from adjacent residential property with a 6-foot high opaque wooden fence with its face side directed outward. Additionally, if an expanded parking area is to be developed, it will be required to be properly screened and landscaped. 5. PUBLIC WORKS COMMENTS: 1. No Comments. Woodford is an improved residential street with curb and gutter. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s), and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Additional water facilities will be installed at the developer’s expense. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. The nearest route is located on Baseline Road, several blocks to the north. March 25, 2004 ITEM NO.: 20 (Cont.) FILE NO.: Z-7586 3 SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, days and hours of operation, fencing and parking. It was noted that the playground area should be screened from adjacent residential properties and any new parking areas should be landscaped and buffered per Code requirements. The applicant stated she would install landscaping as screening since the rear yard was already enclosed by a 4 foot tall chain-link fence. Staff noted the lack of parking on site to comply with the Code requirement. It was also noted that the applicant lived at 9008 Woodford, directly across the street and would not need to park at this location. Staff pointed out two provisions of the valid bill of assurance that were germane to the request as follow: a. All of said lots should be used as residential lots only. b. No sign of any kind shall be displayed to the public view on any lot except one professional sign of one square foot. In response to a question from the Committee, Ms. Adams stated she no longer operated the day care family home at 9008 Woodford; that she had been operating the day care at 9009 for about a year. Utility comments were noted. The applicant was advised to meet with Water Works regarding the fire hydrant comment, since the Fire Department had responded with approval. The applicant was advised to respond to staff issues by March 10, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 9009 Woodford Drive is occupied by a one- story, brick and frame, single family residence that is typical of housing in the neighborhood. The property has a single-wide, paved driveway that is deep enough to stack 3 vehicles. The rear yard is enclosed by a 4 foot tall, chain-link fence. The applicant is requesting a conditional use permit to allow use of the property for a day care center with an enrollment of 16 children and 3 employees, including the applicant. No residential occupancy of the property is proposed. The applicant has been conducting day care operations at this location for approximately one year, without prior approval. The applicant lives across the street from the site, at 9008 Woodford Drive. On August 21, 1997, the Commission granted the applicant a special use permit to operate a day care family home in her residence at 9008 W oodford. She has since ceased that business and relocated the day care to 9009 Woodford. The proposed day care center is to be open from 6:00 a.m. – 6:00 p.m., Monday through Friday. The March 25, 2004 ITEM NO.: 20 (Cont.) FILE NO.: Z-7586 4 playground area will only be used during day light hours. The day care requires 4 on-site parking spaces; 1 per employee and 1 for on-site drop-off and pick-up of children. The property has parking for 3 vehicles stacked end to end. This parking arrangement does not comply with Code. The applicant proposes to place a one square foot wall sign on the building. No ground sign is proposed. Staff does not support the requested conditional use permit. This property is located on a cul-de-sac in a single family residential neighborhood. The applicant does not propose a day care family home but rather a day care center, with no residential occupancy of the structure. Such a use is very different in character from a day care family home. Staff does not believe it is appropriate to allow this solely commercial use in this residential neighborhood. The use could be better located outside of the heart of the neighborhood, perhaps along Baseline Road, to the north of the neighborhood. The bill of assurance for the Merrivale Subdivision is still valid and includes the following provisions that are pertinent to the issue: 1. All of said lots should be used as residential lots only. 2. No sign of any kind shall be displayed to the public view or on any lot except one professional sign of one square foot. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There was on objector present. Staff informed the Commission that the applicant had submitted a request that the item be deferred. Staff stated that deferral request had not been received five days prior to the meeting, as required by the Commission’s Bylaws. There was no further discussion. A motion was made to waive the Bylaws and to accept the late request for deferral. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. The item was then placed on the Consent Agenda and approved for deferral to the May 6, 2004 agenda. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 21 FILE NO.: Z-7592 NAME: Liberty House Correctional Facility – Conditional Use Permit LOCATION: 1815 West Roosevelt Road OWNER/APPLICANT: Gracie Eason/Jerry Larkowski PROPOSAL: A conditional use permit is requested to allow for the use of the existing residence on this R-4 zoned property as a correctional facility for up to 15 persons. 1. SITE LOCATION: The property is located on the south side of West Roosevelt Road; midblock between Wolfe and Battery Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within an older, residential neighborhood. The neighborhood is comprised primarily of single family residences although it does also contain some of the nonresidential elements typically found in or near a residential neighborhood. A LRSD elementary school, Mitchell Academy, is located to the northwest. Two day care centers are located on Battery Street; one half block north of Roosevelt and one block south of Roosevelt. The neighborhood contains a variety of housing stock ranging from vacant-boarded structures to newer and newly remodeled homes and older homes of some historic significance. Staff does not believe this proposed use is compatible with uses in the area. The applicant is required to notify all property owners or persons operating a business within 500 feet of the site. Staff notified all residents within 300 feet who could be identified and the South End, Wright Avenue, MLK and Downtown Neighborhood Associations of this request. 3. ON SITE DRIVES AND PARKING: Liberty House proposes to house up to 15 individuals, most of whom will be driving their vehicles to and from the site. Some may be picked up by fellow employees or others. Additionally, the facility will have a security guard and 1 to 2 employees of an administrative nature. The possibility exists that up to 18 parking spaces may be needed. The site currently has parking for two vehicles with access off of the alley. There is no direct access to Roosevelt Road. The applicant proposes to park 3 vehicles adjacent to the house, parallel with the alley, and to park 4 vehicles in the March 25, 2004 ITEM NO.: 21 (Cont.) FILE NO.: Z-7592 2 rear yard area. There is not enough space adjacent to the house for parallel parking without blocking the alley and the only way 4 vehicles can be parked in the rear yard is if 2 vehicles are stacked one behind the other. The applicant has received permission to use 5 parking spaces on the church site across Roosevelt Road, but only Monday through Friday. 4. SCREENING AND BUFFERS: • If a parking area is to be developed, it will need to provide appropriate screening and landscaping to meet with zoning buffer and landscape ordinance requirements. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if a larger or additional meter is required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact. Central Arkansas Water regarding procedures for installation of the hydrant(s). Additional water facilities will be installed at the developer’s expense. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA Bus Route. Nearest bus routes are located along Battery Street to the west and West 24th Street, to the north. March 25, 2004 ITEM NO.: 21 (Cont.) FILE NO.: Z-7592 3 SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Gracie Eason and Jerry Larkowski were present representing the application. Staff presented the item and noted additional information was needed regarding signage, fencing and parking. Staff asked the applicant to provide greater details of the operation of the facility including number of employees, security measures and transportation. Staff noted the relative lack of parking on site and asked the applicant to provide plans for parking. Staff noted that the bill of assurance was no longer valid. Staff noted the development standards and review criteria for correctional facilities as outlined in Section 36-107 of the code and pointed out that the facility was within 500 feet of a school. Staff commented that variances would likely be needed for the separation requirement and reduced parking. Public Works and Landscape Comments were noted. In response to a question from the Committee, Mr. Larkowski stated residents at the facility would initially be nonviolent misdemeanor and traffic offenders. Mr. Larkowski stated contact had been made with the church located across Roosevelt Road about use of some of the church’s parking spaces. Staff cautioned that the church could only agree to allow use of surplus parking; spaces available above the church’s minimum parking requirements. The applicant was advised to respond to staff issues by March 10, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 1815 W. Roosevelt Road is occupied by a two-story, brick and frame residential structure and a detached accessory building. The applicants propose to convert the house into a correctional facility to be known as The Liberty House. The Code defines a Correctional facility as: Correctional facility means a staffed and supervised community based transitional facility for housing persons serving all or part of a sentence or probation, for violation or conviction of a criminal offense, and which may also provide structured programs and services such as counseling and job placement to the residents. This definition excludes jails, prisons and detention centers operated by any local, county, state or federal government, and facilities operated by any state agency subject to statutory notice provisions. March 25, 2004 ITEM NO.: 21 (Cont.) FILE NO.: Z-7592 4 The applicant has submitted the following description of the proposed facility: The Liberty House will be first of its kind here in Little Rock. Our program is designed to be used initially as a probation component for criminal and traffic courts to use as a jail substitute for those gainfully employed. Once this pilot project proves a success, we intend to seek approval from the Arkansas legislature to expand this program to further relieve jail overcrowding and to preserve jobs here in Little Rock, and hopefully soon at other sites around the state. The 1815 W. Roosevelt site will be the flagship of the Liberty House. It can house at most 15 participants, all of whom initially will be male. We already have tentative arrangements for parking with neighbors. We intend this site to initially accept non-violent, misdemeanor and traffic offenders who will be paying for their housing from their paychecks, as opposed to the various local governments being responsible for their boarding costs. While at the Liberty House, they must maintain their employment, but will be required to remain at the home when not working. Releases will be approved for appointments with doctors, lawyers, counselors, therapists, etc. We do not intend to have a sign in front of the Liberty House. At most, I can envision no more than a flat sign attached to the front of the house, no more than 120 square inches identifying it as the Liberty House. At this point, we have no changes in store for fencing. This site of the Liberty House should never have more than 2 to 3 employees present at a time. Accordingly, they will park in the spaces already available at this address. The Liberty House will provide restricted-freedom living space for criminal justice offenders. This site will only house non-violent misdemeanor and traffic offenders who are gainfully employed. There will be very little activity during the daytime, as our clients will be/should be employed during those hours. During the evening and at night, the clients will be restricted to the property of the Liberty House where they will sleep, clean up, wash clothes, and have periodic light activities available during their stay. This site will be staffed by a security guard while clients remain at the home. Also, we envision 1 to 2 employees of an administrative nature to work from this site March 25, 2004 ITEM NO.: 21 (Cont.) FILE NO.: Z-7592 5 as well. The landlord has plans to install a security system on all windows and doors so that if any client tried to leave the premises without staff’s knowledge an alarming signal would function. We envision most clients will be driving their vehicles to and from the Liberty House. There may be some that are picked up by fellow employees or someone else who assists them with transportation. We have secured from our neighbor across Roosevelt, the Gospel Temple Missionary Baptist Church, the use of five (5) parking spaces. These spaces are available Monday through Friday. We believe we can fit six (6) regular sized vehicles on the premises at this time. To the extent we need a parking waiver; we would request one as well. We have complied with, and will continue to comply with, all provisions of Ordinance No. 36-107(13) of the Little Rock City Code. The Development standards and review guidelines from Section 36- 107.(13) of the Code are: (13) Separation, spacing, and procedural requirements for correctional facilities shall be determined by the Planning Commission so as not to adversely impact the neighborhood. Correctional facilities are subject to the following additional requirements: a. Before a conditional use permit for a correctional facility can be granted, the applicant shall clearly establish the following: 1) All property owners or persons operating a business within five hundred (500) feet of the property line of a proposed correctional facility have received notice by certified mail of the exact location of the property and its intended use; 2) This required notice was sent to each person before any contract for operation of the facility was granted, that this notice properly sets forth the exact procedure and time frame for the person notified to register objections with the appropriate governmental agency, and that proof of such notice is provided as required for conditional use permits; March 25, 2004 ITEM NO.: 21 (Cont.) FILE NO.: Z-7592 6 3) The facility is not located within five hundred (500) feet of the property line of any school, any facility that operates programs for youth, or another correctional facility; 4) The applicant has conducted two (2) public hearings after having first advertised the meetings and location prominently not less than five (5) nor more than seven (7) days prior to each meeting; that such advertisement was prominently displayed and not a mere legal advertisement, in a newspaper with seven (7) days a week county-wide circulation; 5) Procedures are in place should the permit be granted that the chief of police shall be notified within one (1) hour that a resident of the facility has escaped or failed to return when required; 6) Adequate security measures are in place to prevent any resident of the correctional facility from violating subsection (5) more than once in a thirty-day period. Staff does not support the requested conditional use permit. In addition to concerns about the compatibility of the proposed use with this neighborhood, the proposed facility cannot be operated at this site without parking and separation variances. The facility is proposed to house up to 15 individuals and 2 to 3 employees; all of whom potentially could be driving. The site could perhaps accommodate 4 vehicles and the 5 spaces on the nearby church parking lot are only available Monday through Friday. The Code requires that correctional facilities not be located within 500 feet of the property line of any school or any facility that operates programs for youth. A day care center is located 250± feet south of the site on Battery Street. A second day care center is located 200± feet north of the site on Battery Street. A LRSD elementary school is located 150± feet to the northwest, across Roosevelt Road. The applicant submitted responses to questions raised at Subdivision Committee and reflected in the analysis above. The 1890 Bill of Assurance does not address use issues. The applicant is requesting a parking variance and a variance from the 500 feet separation requirement. Neighborhood meetings were held at the Williams Library, 18th and Chester, on February 10 and 12, 2004. March 25, 2004 ITEM NO.: 21 (Cont.) FILE NO.: Z-7592 7 STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicants were not present. There were several objectors present. Staff informed the Commission that the applicant had requested that the item be deferred. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the May 6, 2004 meeting. The vote was 10 ayes, 0 noes and 1 absent. March 25, 2004 ITEM NO.: 22 FILE NO.: Z-7594 NAME: Vasquez Accessory Dwelling – Conditional Use Permit LOCATION: 6720 Mabelvale Cut-Off OWNER/APPLICANT: Jamie and Ruth Vasquez PROPOSAL: A conditional use permit is requested to allow for the conversion of the existing accessory structure on this R-2 zoned, .39± acre tract into an accessory dwelling. The applicant is not proposing to occupy either dwelling. 1. SITE LOCATION: The property is located at the northeast corner of Mabelvale Cut-Off and Warren Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: Although the surrounding neighborhood is primarily single family in zoning and use, there are other uses in the general vicinity. Two large apartment complexes are located to the east, on either side of Mabelvale Cut-Off. A nonconforming skating rink is located nearby to the northeast. Duplexes are located across Mabelvale Cut-Off to the south. Single family homes are located north, south and west of the site. While staff is generally supportive of accessory dwellings, the applicant, in this case, does not propose to occupy either dwelling. There has been a history of concern about substandard rental property in this area and staff is concerned that allowing the proposed two rental units may not be in the best interest of the nearby single family residential neighborhood. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling are required to have one on-site parking space each. The site has paved driveways off of Mabelvale Cut-Off and Warren Drive. There is adequate parking available on site to accommodate both dwellings. 4. SCREENING AND BUFFERS: No Comments. March 25, 2004 ITEM NO.: 22 (Cont.) FILE NO.: Z-7594 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) The applicant, Ruth Vasquez, was present. Staff presented the item and noted the applicant was requesting a variance from the requirement that the property owner occupy one of the dwellings. In response to a question from the Committee, Ms. Vasquez stated the house was currently being rented. Staff noted that the site had adequate parking to serve both dwellings. Public Works, Landscape and Utility Comments were noted. Staff informed the Committee that the property was not within a subdivision and was not covered by a bill of assurance. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 6720 Mabelvale Cut-Off is occupied by a one- story, brick and frame single family residence and a detached, block accessory building. The block building was at one time utilized as a recording studio and contains a control room, performing studio, storage space, kitchen, restroom March 25, 2004 ITEM NO.: 22 (Cont.) FILE NO.: Z-7594 3 and shower. The recording studio was a nonconforming use. The house and accessory building both have paved driveways and parking pads. The applicants are requesting approval of a conditional use permit to allow the block accessory building to be converted into an accessory dwelling. The applicants do not propose to occupy either dwelling. They are requesting a variance from Section 36-252 of the Code which requires that the landowner occupy one of the dwellings. Staff is not supportive of the requested conditional use permit. While staff is generally supportive of accessory dwellings, there are concerns about the fact that the applicants do not propose to occupy either of these dwellings. There has been a history of concern in this neighborhood about substandard rental property. Staff feels that allowing the conversion of the block building into another dwelling, thus creating two rental units on this site, could have a negative impact on the adjacent single family neighborhood. The property is not located within a subdivision and is not covered by a valid bill of assurance. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. March 25, 2004 ITEM NO.: 23 FILE NO.: Z-7598 NAME: Ferndale Assembly of God – Conditional Use Permit LOCATION: 27,020 Kanis Road OWNER/APPLICANT: Ferndale Assembly of God/Randy Wood, Pastor PROPOSAL: A conditional use permit is requested to allow for the construction of a new sanctuary building on this existing, R-2 zoned church site. 1. SITE LOCATION: The property is located on the north side of Kanis Road, just east of its intersection with Ferndale Cut-Off. The property is outside of the corporate city limits of Little Rock, just inside the western perimeter of the City’s recently expanded planning boundary. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the Ferndale Community, in the mixed use area around the Kanis Road – Ferndale Cut-Off intersection. The church has been at this site for many years and is not proposing to expand onto any other properties. Allowing construction of the proposed new sanctuary building should not affect the church’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site and all residents within 300 feet, who could be identified and were notified of this request. There is no neighborhood association in this area. 3. ON SITE DRIVES AND PARKING: The site currently has 50 parking spaces with relatively uncontrolled access from Kanis Road. The existing church sanctuary has a seating capacity of 150 persons, requiring 37 parking spaces. No changes are proposed to the parking lot area. The new sanctuary will also have a seating capacity of 150 persons. No additional parking is required. 4. SCREENING AND BUFFERS: • Compliance with the City’s Landscape and Buffer Ordinances is required. March 25, 2004 ITEM NO.: 23 (Cont.) FILE NO.: Z-7598 2 • A landscaping upgrade toward full compliance with the Landscape Ordinance will be required equal to the percentage of building increase proposed. 5. PUBLIC WORKS COMMENTS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A deferral or waiver of Boundary Street improvements will be required. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No Comment. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: Approved as submitted. Water: Water service is not available from Central Arkansas Water. Fire Department: Outside of service area. Provide approval from local volunteer Fire Department. County Planning: Contact Cashe Carter of Pulaski County Planning at 340-8260. CATA: The site is not on a CATA Bus Route. SUBDIVISION COMMITTEE COMMENT: (MARCH 4, 2004) Richard Skasick was present representing the church. Staff presented the item and noted additional information was needed regarding signage, site lighting, fencing, the number of on-site parking spaces and wastewater disposal. Staff asked if any other activities were proposed, such as day care or private school. Staff asked the applicant to provide analysis and approval from the local volunteer fire department since the site was located outside of the Little Rock Fire Department’s jurisdiction. Staff noted that the proposed new sanctuary would have the same seating capacity as the church’s existing sanctuary. Staff also noted that a copy of the bill of assurance needed to be submitted, if March 25, 2004 ITEM NO.: 23 (Cont.) FILE NO.: Z-7598 3 applicable. Staff also directed the applicant to contact Pulaski County Planning to determine what requirements that agency might have. Public Works and Landscape Comments were noted. The applicant was directed to respond to staff comments by March 10, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The Ferndale Assembly of God Church is located on the R-2 zoned, .9± acre tract at 27,020 Kanis Road. The property is outside of the Little Rock city limits but is within the City’s extraterritorial jurisdiction. The property contains one building and a parking lot. The building contains a 150 seat sanctuary, offices, classrooms and ancillary use space. The church proposes to construct a new one-story, 3,000 square feet building containing a 150 seat sanctuary directly behind the existing church. The existing sanctuary space will be converted into classrooms, office space and storage. No other changes are proposed to the site. The church has an existing ground-mounted sign near Kanis Road. Two night watcher type lights are located on the site. A third light will be placed near the new building. Chain-link fencing is located on the west side and rear perimeters of the site. No additional fencing is proposed. No additional activities such as a day care center or private school are proposed. The church has a septic tank and field lines located at the rear of the property. These will not be affected by placement of the new building. Staff is supportive of the requested conditional use permit. The church is an established component of this community. Allowing construction of a new sanctuary with the same seating capacity as the existing sanctuary should not affect the church’s continued compatibility with the community. The church is not expanding onto any additional properties. On March 10, 2004, the church submitted responses to the issues raised at Subdivision Committee. The property is not within a subdivision and is not covered by a bill of assurance. A letter of approval has been submitted by the Chief of the West Pulaski Fire Protection District #23. The required right-of-way will be dedicated and the required landscape upgrade will be provided. Staff is supportive of a waiver of street improvements. To staff’s knowledge, there are no outstanding issues. March 25, 2004 ITEM NO.: 23 (Cont.) FILE NO.: Z-7598 4 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report. Staff recommends approval of a waiver of street improvements for this specific development. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the “Staff Recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent.