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pc_09 09 2004 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD SEPTEMBER 9, 2004 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being seven (7) in number. II. Members Present: Pam Adcock Gary Langlais Norm Floyd Mizan Rahman Darrin Williams Bill Rector Robert Stebbins Members Absent: Fred Allen, Jr. Bob Lowry Jerry Meyer Chauncey Taylor City Attorney: Cindy Dawson III. Approval of the Minutes of the July 29, 2004 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING SEPTEMBER 9, 2004 4:00 P.M. I. DEFERRED ITEMS: A. Z-7620 Bubar Family Care Facility – Special Use Permit 3712 High Drive B. LU04-19-02 A Land Use Plan Amendment in the Chenal Planning District on the southeast and southwest corners of Chalamont and Cantrell Road from Single Family to Commercial. C. Z-7623 Rezoning from R-2 to C-3 Southeast and Southwest corners of Cantrell Road and Chalamont Drive D. LU04-11-03 Amendment in the I-430 District from MOC to CS Between Shackleford Road and I-430 North of Old Shackleford Road E. Z-4923-B Rezoning from PCD to O-2 and C-2 Southwest corner of S. Shackleford Road and I-430 F. Z-7631 Graham Temple C.O.G.I.C. Family Life Center – Conditional Use Permit 4307 Frazier Pike G. Ordinance Amending Section 36-556.(b) to add Stagecoach Road and a portion of Colonel Glenn Road to the list of Scenic Corridors. H. LU04-20-01 Amendment in the Pinnacle District from Single Family to Office and Mixed Office and Commercial North of Cantrell Road between Ranch Blvd. and Valley Ranch Drive H.1. Z-7684 Rezoning from R-2 to O-3 East side of Chenonceau Blvd., North of Cantrell Road H.2. Z-7685 Rezoning from R-2 to O-3 South side of Valley Ranch Drive, North of Cantrell Road Agenda, Page Two I. DEFERRED ITEMS: (CONT.) I. Z-7682 Goss Day Care Family Home – Special Use Permit 6709 Lantana J. Z-7683 Baird Transitional Housing – Conditional Use Permit 3316 West 12th Street K. Z-7677 Abraham Day Care Center – Conditional Use Permit 8824 West 34th Street II. NEW ITEMS: 1. G-23-339 West 40th Street – Right-of-Way Abandonment Between Foster and Weldon Streets 2. Z-2911-A Rezoning from I-2 to R-3 3202 Mary Street 2.1. Z-2911-B Islamic Center Multipurpose Facility Conditional Use Permit 3202 Mary Street 3. Z-7419-A Rezoning from R-2 to C-4 9304 Mabelvale Pike 4. Z-7707 Barton Day Care Family Home – Special Use Permit 3515 Maryland Avenue 5. Z-7708 Wilborn Day Care Family Home – Special Use Permit 3 Elrod Drive 6. Z-7709 McGraw Day Care Family Home – Special Use Permit 6822 Marguerite Lane 7. Z-7710 Moore Day Care Family Home – Special Use Permit 1704 S. Tyler Street 8. Z-7689-A Lipsmeyer Accessory Dwelling – Conditional Use Permit 5515 “H” Street 9. Z-7706 Roescheise Accessory Dwelling – Conditional Use Permit 2200 Country Club Lane Agenda, Page Three II. NEW ITEMS: (CONT.) 10. Z-7711 Little Rock Fire Department Station 16 – Conditional Use Permit 11000 Southridge Drive 11. Z-7712 Yount Manufactured Home Accessory Dwelling – Conditional Use Permit 19305 Kanis Road 12. G-25-192 Townsend Street Renaming to Highland Drive September 9, 2004 ITEM NO.: A FILE NO.: Z-7620 Owner: Bubar Family Care Facility – Special Use Permit Location: 3712 High Drive Applicant: Dennis Bubar Proposal: A Special Use Permit is requested to allow for the operation of a Family Care Facility on the R-4 zoned property located at 3712 High Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the South End, MLK and South End Neighborhood Developers Neighborhood Associations were notified of the public hearing. B. Staff Analysis: Dennis Bubar, owner of the single family residence located at 3712 High Drive, is requesting a special use permit to allow for the operation of a Family Care Facility at that address. All of the adjacent properties are zoned R-4, with the exception of the lot immediately to the north which is zoned I-3, and is undeveloped. There is additional I-3 zoned property further to the north and east, with PR zoning further west and south. There are single family residences located to the north, south and east. The property is occupied by a one-story brick and frame single family residence, with four (4) bedrooms. The applicant is requesting a special use permit in order to provide a residence for four (4) to six (6) individuals who have a mental disability and may also have a substance abuse problem. The residents are involved in a program, where treatment and services are provided by Gain, Inc. A letter provided by Gain, Inc. notes that they have “determined that these individuals are stable and able to live in the community.” The goal in housing is to have the client be as independent as possible, without putting themselves at risk for destabilization, and a housing situation that is more structural and supportive provides them this opportunity.” Copies of the letters submitted by Dennis Bubar and Dr. Les Smith, Medical Director of Gain, Inc., are attached for Planning Commission review. September 9, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7620 2 The City of Little Rock Zoning Ordinance defines a Family Care Facility as follows: “Family care facility means a facility which provides resident service in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel. These individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs.” Section 36-54(a) of the Zoning Ordinance provides the purpose of requiring a Special Use Permit for this type of use, as follows: “General purpose. The purpose of this section is to provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment.” Section 36-54(e)(2) of the Zoning Ordinance establishes the site and location criteria for Family Care Facilities as follows: a. This use may be located only in a single family home. b. Medical or counseling needs must be provided off-site. c. No physical changes in the residence are permitted which would provide other than sleeping accommodations. d. Drives and parking shall not exceed that required by ordinance for a single-family residence. e. This use shall not be permitted to run with the title to the land and not be transferable. f. The number and spacing of existing similar facilities in the neighborhood. g. Existing zoning and land use patterns. September 9, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7620 3 h. Area wide availability of facilities providing like services. i. Provision for readily accessible public or quasi-public transportation. The following additional site and location criteria was approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004: “The Fire Marshall must approve use of the residence for the proposed family care facility.” To staff’s knowledge, there have been no special use permits issued for other Family Care Facilities in this neighborhood. Additionally, staff knows of no facilities providing this type of resident care in the immediate area. The site is located near CATA Bus Route #11 (M. L. King, Jr. Route), which runs south along M. L. King Drive to West 34th Street. The applicant submitted a copy of the Bill of Assurance for this neighborhood as part of the application process. The Bill of Assurance was recorded in 1955 and appears to still be in effect. It contains the following language: “(1) LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 stories in height and a private garage or carport for not more than two cars.” Staff believes the proposal to be reasonable and supports the applicant’s request for a special use permit. Subject to compliance with the site and location criteria, as noted above, Staff does not believe the level of activity generated by a Family Care Facility at this location would have any negative impact on the neighborhood. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) Dennis Bubar was present, representing the application. Staff briefly described the proposed family care facility. September 9, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7620 4 Dennis Bubar explained that the individuals who will live in the residence have mental disabilities, and some may also have drug or alcohol abuse problems. He noted that they do not have physical disabilities. In response to a question from staff, he noted that there would be no physical changes to the residence. Mr. Bubar also noted that none of the clients owned vehicles, therefore no additional parking was needed. Mr. Bubar explained that the individuals who live on the site will be picked up by Gain, Inc. each day between 8:00 and 8:30 a.m., and returned to the residence between 3:00 and 5:00 p.m. He noted that counseling and treatment services are provided at the Gain, Inc. offices. He also noted that a doctor or counselor employed by Gain, Inc. will stop by the residence each day to inspect the premises. In response to a question from the Committee, Mr. Bubar noted that a few of the residents might have a part-time job. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a Family Care Facility at 3712 High Drive, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(2). 2. Compliance with the additional site and location criteria as approved by the Planning Commission on February 12, 2004 and the Board of Directors on March 16, 2004. 3. There is to be no signage beyond that permitted in single family zones. 4. The Special Use Permit will be for Dennis Bubar only, and will not be transferable in any manner. PLANNING COMMISSION ACTION: (MAY 6, 2004) Cindy Dawson, City Attorney, informed the Commission that the application needed to be deferred to the June 17, 2004 agenda to allow staff time to research the Fair Housing Act with respect to this application. There were several persons present in opposition. They were informed of the deferral date. September 9, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7620 5 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the June 17, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (JUNE 17, 2004) Staff informed the Commission that the City Attorney’s Office had requested to defer the application to the July 29, 2004 agenda to allow additional time to research the Fair Housing Act with respect to this application. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 29, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the City Attorney’s Office had requested to defer the application to the September 9, 2004 agenda to allow additional time to research the Fair Housing Act with respect to this application. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the City Attorney’s Office requested the application be deferred to the October 21, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. September 9, 2004 ITEM NO.: B FILE NO.: LU04-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: Southeast and Southwest corner of Cantrell Rd. and Chalamont Dr. Request: Single Family to Commercial Source: Brian Dale, White - Daters & Associates, Inc. PROPOSAL / REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family to Commercial. The Commercial category includes a broad range of retail and wholesales 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 commercial uses. Staff is not expanding the application since there is undeveloped land shown as Commercial located along Cantrell Road at the Chenal Parkway intersections and at the Ferndale Cutoff Road intersection. EXISTING LAND USE AND ZONING: The applicant’s property consists of two pieces of vacant land along the south side of Cantrell Road at Chalamont Drive currently zoned R-2 Single Family with 3.8 acres ± east of Chalamont, and 5.7 acres ± west of Chalamont for a total area of about 9.5 acres ± in size. All of the surrounding property is zoned R-2. A vacant non-conforming car repair garage sits on the north side of the Cantrell / Chalamont intersection. The Robinson Elementary, Middle and High schools are located to the east of the application area. The property to the west along Cantrell Road consists of single-family housing built on large lots. Further to the west of the application area a dirt hauling business occupies a Planned Development - Industrial, which lies on both sides of Cantrell Road. The land to the south of the study area is largely vacant. However, a subdivision of single- family houses is in the process of developing and expanding towards the applicant’s property along Chalamont Drive. This area was preliminary platted on the October 15, 1998 planning commission agenda. September 9, 2004 ITEM NO.: B (Cont.) FILE NO.: LU04-19-02 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On February 17, 2004, multiple changes were made from Single Family, Multifamily, and Office to Office, Park Open / Space, Commercial, and Multifamily along Chenal Parkway north of Cantrell Road starting about 1 mile east of the applicant’s property to accommodate proposed development. On December 2, 2003, a change was made from Low Density Residential to Commercial on the southwest corner of Ferndale Cutoff and Highway 10 about 1 mile to the west for proposed commercial development. On January 2, 2002, A change was made from Single Family to Commercial, Suburban Office, and Park / Open Space near the Southeast corner of Chenal Parkway and Cantrell Road starting a little over one mile east of the application area to accommodate proposed development. On March 6, 2001 a change was made from Single Family to Commercial in the 19,900 block of Highway 10 about 2/3 of a mile to the east of the amendment area to accommodate proposed development. The applicant’s property and all of the surrounding land is shown as Single Family except for the Robinson schools, which are shown as Public Institutional. MASTER STREET PLAN: Cantrell Road is shown as a Principal Arterial on the Master Street Plan and built as a rural two-lane road. At the area fronting the schools, Cantrell Road provides an additional center turn lane. Chalamont Drive and Morgan Cemetery Road are shown as Collector Streets. Chalamont Drive is built to Master Street Plan standards. Morgan Cemetery Road is built as a rural road with open drainage. A Class II Bikeway is shown on Cantrell Road from Ferndale Cutoff Road to Chenonceau Boulevard. Class II Bikeways do not require any additional Right of Way or paving and would be subject to any half street improvements made by the applicant. The applicant may be responsible for half street improvements along Cantrell Road. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 includes public school facilities within the Eight-block strategy of providing park and open space facilities within an eight-block walking distance of all City of Little Rock residents. The Robinson schools, which are east of the application area, are included in the plan’s Eight-block strategy. Additional park facilities may need to be developed in the future to serve a broader group of citizens. September 9, 2004 ITEM NO.: B (Cont.) FILE NO.: LU04-19-02 3 HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The east boundary of this amendment area is located about 1 mile to the west of the developing commercial node at the Chenal / Cantrell intersection. Cantrell Road / Highway 10 has been planned utilizing commercial nodes that are distinct and separate. Most of the Commercial nodes on Cantrell Road are located at intersections with Principal and Minor Arterials. The applicant’s property is located at an intersection with a Collector Street and a Principal Arterial. This action would add a commercial node in an area that has been shown as Single Family. The applicant has not shown a need to add Commercial to the plan in an area where Commercial has not been shown before. Staff has concerns that the length to depth ratio of the property in questions might result in strip commercial development rather than node commercial development. The potential for this area to develop as a Commercial node is limited by the presence of the schools that are located immediately to the east. Conflicts can arise between the intense uses of Commercial and schools. The location of the applicant’s property near the schools may cause traffic conflicts from both the loading and unloading of students and the commercial traffic throughout the day. At this location, there are three schools, a high school, a middle school and an elementary school. A change to Commercial may encourage developments that generate large volumes of traffic originating from a large market area. Any potential increase in traffic at this location may be incompatible with the neighboring Public Institutional uses. If Commercial was approved for this location, the close proximity of the two collectors (Morgan Cemetery Road and Chalamont Drive) that intersect Cantrell may encourage pressure for future non-residential development in the amendment area. The location of a collector intersecting an arterial in itself does not necessitate Commercial being shown on the land Use Plan. The Commercial development that is occurring nearest the applicant’s property is located about a mile to the east at the Chenal / Cantrell intersection. The September 9, 2004 ITEM NO.: B (Cont.) FILE NO.: LU04-19-02 4 Chenal / Cantrell Commercial node contains land available for non-residential development that is not yet developed to its full potential. About 110.5 + acres of land shown as Commercial is located at the Chenal / Cantrell intersection with about 30.2 + acres being developed and about 80.3 + acres remaining undeveloped. The applicant’s property is also located to the east of the Cantrell / Ferndale Cutoff intersection. The 21.06 + acres of Commercial shown at the Cantrell / Ferndale intersection is between a Principal Arterial and a Minor Arterial. The applicant’s property is about halfway between the Chenal / Cantrell Commercial node and the Cantrell / Ferndale Cutoff intersection. Some changes have just occurred to the east at the Chenal Parkway and Highway 10 existing Commercial node. The changes include adding additional Commercial areas to areas of Commercial that are still vacant. With vacant Commercial land lying both to the east and to the west in existing commercial nodes, it is difficult to justify adding an additional commercial node. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Aberdeen Court Property Owners Association, Bayonne Place Property Owners Association, Carriage Creek Property Owners Association, Chenal Ridge Property, Du Quesne Place P.O.A., Eagle Pointe Property Owners Association, Glen Eagles Property Owners Association, Hillsborough Property Owners Association, Hunters Cove Property Owners Association, Hunters Green Property Owners Association, Johnson Ranch Neighborhood Association, Marlowe Manor Property Owners Association, Maywood Manor Neighborhood Association, St Charles Property Owners Association, Charleston Heights/North Rahling Rd N.A., and Margeaux Place Property Owners Association. Staff has received no comments from area residents at the time of writing. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. Staff believes that it is not appropriate to create another commercial node along this stretch of Cantrell and have concerns on commercial activities abutting the school property. PLANNING COMMISSION ACTION: (MAY 6, 2004) The item was placed on the consent agenda for deferral to the June 17, 2004 Planning Commission meeting. A motion was made to wavier 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 11 ayes, 0 noes, and 0 absent. A motion was made to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent. September 9, 2004 ITEM NO.: B (Cont.) FILE NO.: LU04-19-02 5 PLANNING COMMISSION ACTION: (JUNE 17, 2004) The item was placed on the consent agenda for deferral to the June 17, 2004 Planning Commission meeting. A motion was made to wavier 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 9 ayes, 0 noes, and 2 absent. A motion was made to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes, and 2 absent. PLANNING COMMISSION ACTION: (JULY 29, 2004) The item was placed on the consent agenda for deferral to the September 9, 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 9 ayes, 0 noes, and 2 absent. A motion was made to approve the consent agenda and was approved with a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: On May 5, 2004, the applicant requested a deferral to meet with staff to discuss possible alternatives. No alternatives have been submitted nor have there been any meetings or communications to date on this item. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) The item was placed on the consent agenda for deferral to the October 21, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: C FILE NO.: Z-7623 Owner: Deltic Timber Corporation Applicant: White-Daters and Associates Location: Southeast and southwest corners of Cantrell Road and Chalamont Drive Area: 11.77 Acres Request: Rezone from R-2 to C-3 and OS Purpose: Future Commercial Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences on large lots and auto repair business (across Cantrell Road); zoned R-2 South – Undeveloped property (approved residential preliminary plat); zoned R-2 East – Joe T. Robinson High School; zoned R-2 West – Single family residences on large lots and commercial building; zoned R-2 and PD-I A. PUBLIC WORKS COMMENTS: 1. Highway 10 is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline at all locations will be required. Note: According to map scale, the area west of Chalamont is deficient. Boundary Street improvements are required with future development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the DuQuesne Place Neighborhood Associations were notified of the public hearing. September 9, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7623 2 D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for 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: Deltic Timber Corporation, owner of the 11.77 acre property located at the southeast and southwest corners of Cantrell Road and Chalamont Drive, is requesting to rezone the property from “R-2” Single Family District to “C-3” General Commercial District and “OS” Open Space District. The rezoning is proposed for future commercial development of the property. The property is currently undeveloped and wooded. The general area along Cantrell Road contains a mixture of uses. There is an auto repair business and single family homes across Cantrell Road to the north, with Joe T. Robinson Elementary School located to the northeast. Joe T. Robinson Junior and Senior High School campus is located to the east. There are single family residences and a commercial building to the west along Cantrell Road. There is undeveloped R-2 zoned property to the south. A preliminary plat has been approved for this area to the south for phases of the Chalamont residential subdivision. The applicant proposes to rezone 4.08 acres at the southeast corner of Cantrell Road and Chalamont Drive from R-2 to C-3. The applicant is proposing to zone a 50 foot wide strip (0.80 acre) along its south boundary to OS. The applicant also proposes to rezone 5.73 acres at the southwest corner of the intersection from R-2 to C-3, with a 50 foot wide strip (1.16 acres) along its south boundary. The City’s Future Land Use Plan designates the property as Single Family. The applicant has filed a Land Use Plan Amendment for a change to Commercial, which is a separate item on this agenda (Item 7.). September 9, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7623 3 Staff does not support the requested C-3 zoning. Staff does not feel that there is currently a need for additional commercial zoned property in this general area. There is a large amount of undeveloped commercial zoned property to the east, at the intersection of Cantrell Road and Chenal Parkway, and to the west at the intersection of Cantrell Road and Ferndale Cut-Off. Both of these intersections are arterial/arterial intersections. The intersection of Cantrell Road and Chalamont Drive is an arterial/collector intersection. The Highway 10 Plan establishes commercial nodes at specific locations along the highway. This request does not adhere to that plan. Staff feels that C-3 zoning for the properties at the southeast and southwest corners of Cantrell Road and Chalamont Drive is premature at this time. Staff feels that the applicant should possibly look at other options for the property. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MAY 6, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the June 17, 2004 agenda. Staff supported the deferral request. With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws and accept the 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 June 17, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was deferred. PLANNING COMMISSION ACTION: (JUNE 17, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the July 29, 2004 agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their bylaws and accept the deferral request less than five (5) days prior to the public hearing. September 9, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7623 4 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 29, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the September 9, 2004 agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their bylaws and accept the deferral request 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 September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the applicant requested the application be deferred to the October 21, 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 October 21, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. September 9, 2004 ITEM NO.: D FILE NO.: LU04-11-03 Name: Land Use Plan Amendment - I-430 Planning District Location: Between Interstate 430 and Shackleford Rd, north of Old Shackleford Rd Request: MOC (Mixed Office Commercial) to CS (Community Shopping) Source: Joe White, White-Daters Engineers PROPOSAL / REQUEST: Land Use Plan amendment in the I-430 Planning District from MOC (Mixed Office Commercial) to CS (Community Shopping). CS (Community Shopping) provides for shopping center type development with one or more general merchandise stores. The applicant has indicated they intend to develop the property commercially using the site plan review process. Staff is not expanding the application since the Land Use Plan in this area was reviewed within the last two years. EXISTING LAND USE AND ZONING: The property is vacant and currently zoned PCD-expired (Planned Commercial District). The area requested is 63 acres ± in size. To the north the zoning is O3 (General Office) with office buildings, a hospital and two hotels. South of the subject property is zoned PCD-expired (Planned Commercial District) and R2 (Single Family) and generally vacant. The PCD-expired is the remaining portion of the PCD-expired involved in this change. The zoning has been requested to change to office, O2 (Professional Office). To the east is Camp Aldersgate, which is zoning OS (Open Space). West of the site, across Interstate 430 the land is developed as single-family homes and zoned R2 (Single Family). FUTURE LAND USE PLAN AND RECENT AMENDMENTS: September 19, 2000, A change was made from LDR (Low Density Residential) and MOC (Mixed Office Commercial) to MX (Mixed Use) approximately a mile to the southwest on the west side of Interstate 430 at Bowman Road and 36th Streets. The proposal was to develop a church based campus with various non- traditional outreach programs on the majority of the site. July 17, 2001, A change was made from C (Commercial) to PR (Park) approximately a mile to the northwest, on the west side of Interstate 430 in the Birchwood Subdivision. This was part of a citywide classification of existing City parkland to a new Park zone. September 9, 2004 ITEM NO.: D (Cont.) FILE NO.: LU04-11-03 2 September 4, 2001, A change was made from PK/OS (Park/Open Space) to LDR (Low Density Residential) approximately half a mile to the east. The proposal was to expand a retirement community (Good Shepard) with the addition of duplex or attached housing. March 18, 2003, A change from SF (Single Family) to SO (Suburban Office) approximately a quarter mile to the northwest, along Aldersgate Road. The proposal was to develop the land to an office use. November 4, 2002, A change from SF (Single Family) to LDR (Low Density Residential) approximately a mile to the southeast. This change was part of a package of changes resulting from an overall Land Use Plan review for this area. The change was intended to more accurately reflect the current land use and zoning of the area. February 4, 2003, A change from MF (Multifamily) to MOC (Mixed Office Commercial) approximately a mile to the southwest, south of 36th Street along the west side of Interstate 430. The change was for an expansion of the proposed use area to the south for a large primarily commercial development. November 18, 2003, A change from MOC (Mixed Office Commercial) to STD (Service Trades District) approximately a quarter mile to the south at the northwest corner of Shackleford and 36th Street. The proposal was made as a result of a Planned Zoning District request for a service trades type of use in that general location. The application area is shown as MOC (Mixed Office Commercial) on the City Land Use Plan. To the east is shown as Park/Open Space, with Multifamily and Single Family beyond that. To the north, generally across Interstate 430 is shown as Office and Suburban Office. Across Interstate 430 to the west is shown for Single Family. To the Southwest across Interstate 430 is shown for Mixed Use while south of the site is shown as Mixed Office Commercial) and Office to the southeast. MASTER STREET PLAN: Shackleford Road is shown as a Minor Arterial on the plan. The Standard is for a four or five lane road in a right-of-way of 90 feet. It is not built to standard. Shackleford Road is currently a two-lane road. Significant widening will have to be done along this frontage. There are no bikeways shown that would be affected by this amendment. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 shows this area to be within 8 blocks of a public or private recreation or outdoor space. September 9, 2004 ITEM NO.: D (Cont.) FILE NO.: LU04-11-03 3 HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: This application area is within the John Barrow Neighborhoods Plan area. That Plan recommends medical and other business uses in this general area. The Plan envisions employment and service opportunities to area residents from any businesses, which might occur in the north portion of their Plan area. ANALYSIS: This site became Mixed Office and Commercial on the City Land Use Plan in 1987. Prior to that it had been Major Office. The change was made as part of a larger review along Interstate 430, which had been started due to a rezoning request for a Mixed Use development for the site – a mall, hotel and office complex. The Plan was changed to Commercial/Office, which later became the Mixed Office Commercial classification on December 1, 1987. The Staff write-up indicates a “PCD recommended to assure high quality development and to minimize traffic flow problems on Shackelford and 36th Street.” Due to concerns about previous developments that had not materialized and the effects on Camp Aldersgate special requirements were made of the development through the Planned Development process. In the successive sixteen years no development has materialized and the City reviewed one alternative development proposal. After public hearings and Board of Director approval, the City was taken to court where much of the case was ruled in the City’s favor. However the applicant requested that the application be withdrawn and the Board of Directors granted this request. The site in question is heavily wooded and contains significant topographic change. The elevation change is from near 360 feet to over 510 feet a difference of 150 feet. There is a significant hilltop in the northeast section of the Plan amendment area, with a lower hilltop just off the amendment area at the southeast corner. Most of Little Rock’s development, both residential and nonresidential, has been to the northwest of this site. That is the site is on the southeastern edge of the major growth area of the City. Based on development, both subdivision and building activity, development is to the northwest of the site and has been for several decades. Most of the new office and commercial development in Little Rock has occurred along Markham, Chenal Parkway and Cantrell Roads west of September 9, 2004 ITEM NO.: D (Cont.) FILE NO.: LU04-11-03 4 Interstate 430. To a lesser extend this development as occurred along Markham east of Interstate 430, Shackleford Road north of Interstate 430, and Kanis and Bowman Roads. Interstate 430 has for years been eyed as a potential Office and or Commercial corridor. In the 1970s and 1980s the City worked, through its Plans, for this to be an Office corridor with major commercial at Rodney Parham and Interstate 30 and a lesser commercial area at Colonel Glenn Road. During the 1980s and 1990s increased amounts of commercial development were shown at the two remaining un-developed or under-developed interchanges – Shackleford and Colonel Glenn Road. This was marked by the afore mentioned amendment in 1987. Over the last five to ten years the City has added significant amounts of commercial at the Colonel Glenn Interchange with Interstate 430. This addition has been in all four quadrants of the interchange. A small commercial center and multiplex theater as well as several freestanding commercial businesses have been developed. The City has approved a large commercial development in the last few months – a ‘Power’ Center. The concerns raised in 1987 about the development of this land still remain – effects on Camp Aldersgate, development of Shackleford Road to arterial standard and the ability of the Shackleford interchange to hand traffic volumes, which might be generated. Through the City’s actions over the last several years, the decision has been made to locate the Community Shopping area at the Interstate 430 – Colonel Glenn interchange. Large amounts of commercial zoning are in place and not development along Colonel Glenn Road. To the north while developed, the use pattern is more office and support commercial to the office developments. The need or desirability of another large commercial area at the Shackleford interchange is questionable. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: John Barrow and Sandpiper. As of this writing, no comments have been received. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. A development that includes or is predominantly commercial needs to be reviewed using the Planned Zoning District process to assure all issues and concerns are addressed. September 9, 2004 ITEM NO.: D (Cont.) FILE NO.: LU04-11-03 5 PLANNING COMMISSION ACTION: (JULY 29, 2004) The item was placed on the consent agenda for deferral to the September 9, 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 9 ayes, 0 noes, and 2 absent. A motion was made to approve the consent agenda and was approved with a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: On July 28, 2004, the applicant requested a deferral to meet with staff to discuss the application. A meeting was held with the applicant, but no changes to the Land Use Plan Amendment were discussed. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) The item was placed on the consent agenda for deferral to the October 7, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: E FILE NO.: Z-4923-B Owner: Summit Mall Co., LLC Applicant: Shackleford Crossings, LLC Location: Southwest corner of S. Shackleford Road and Interstate 430 Area: 97.446 Acres Request: Rezone from PCD to O-2 and C-2 Purpose: Future Office and Commercial Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Mixed Residential Office and Commercial uses (across I-430); zoned R-2, O-2, O-3 and C-2 South – Mixed Residential, Office and Commercial uses (along Old Shackleford and S. Shackleford Roads); zoned R-2, O-3, C-2, C-3 and PCD East – Camp Aldersgate (across S. Shackleford Road); zoned OS West – Single Family Residences (across I-430); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Shackleford Road is classified on the Master Street Plan as minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With future development, provide design of streets conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. Intersection improvements and freeway ramp improvements may also be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route 3 (Baptist Medical Center part-time route) runs along Aldersgate Road to the east. September 9, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-4923-B 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow and Sandpiper 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 Mixed Office Commercial for this property. The applicant has applied for O-2 and C-2 zoning for future office and commercial development. A land use plan amendment for a change to Community Shopping for the area to be zoned C-2 is a separate item on this agenda. The request for the O-2 area does not require a change to the Land Use Plan. Master Street Plan: Shackleford is shown as a Minor Arterial on the Master Street Plan. Currently, Shackleford Road is built to a two-lane standard. Dedication of right-of-way and street improvements may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: On December 1, 1987, the Board of Directors passed Ordinance No. 15,385 rezoning this 97 acre property from R-2/O-2 to PCD, establishing the Summit Mall – Long-Form PCD. The approved site plan included a shopping mall, office buildings, hotel, restaurants and associated parking. Over the years, the PCD received several time extensions from the Planning Commission. On April 3, 2001, the Board of Directors passed Ordinance No. 18,456, the Summit Mall – Revised PCD, as approved by the Planning Commission on September 14, 2000. Residents filed suit challenging the Board’s April 3, 2001 decision. The court ruled in the City’s favor. On February 24, 2004, the Board of Directors approved September 9, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-4923-B 3 Ordinance NO. 19,057 which revoked Ordinance No. 18,456 (Summit Mall – Revised PCD). The City’s official zoning maps currently designate the property as PCD – expired. Shackleford Crossings, LLC (agent for Summit Mall, LLC) prospective owner of the 97.446 Acre property at the southwest corner of S. Shackleford Road and I-430, is requesting to rezone the property from PCD-expired to “O-2” Office and Institutional District and “C-2” Shopping Center District. The applicant proposes to rezone the north 62.443 acres to C-2 and the south 35.003 acres to O-2. The rezoning is proposed for future commercial and office development of the property. The O-2 and C-2 zoning districts are site plan review districts, and future development of the property will require Planning Commission review and approval. The proposed site is undeveloped and heavily wooded, with varying degrees of slope throughout the property. Interstate 430 is located immediately north and west of the property, with Shackleford Road along the eastern boundary. Camp Aldersgate is located across Shackleford Road to the east. The property immediately south is also vacant and wooded. There is a Comcast Cable office building and tower along the west side of Shackleford Road which is surrounded by this 97 acre property. The general area contains a mixture of residential, office and commercial uses and zoning. The City’s Future Land Use Plan designates this property as Mixed Office Commercial. A Land Use Plan amendment for a change to Community Shopping for the north 62.443 acres is a separate item on this agenda (Item #2). Staff does not support the requested O-2 and C-2 rezoning. Staff feels that it is not appropriate to establish a zoning pattern for this large acreage tract without first reviewing a site plan for the property’s development. The concerns raised over the years regarding the development of this property are still valid. These include traffic volume, street improvements, excavation, tree preservation, retaining walls and the effects of a large development on the surrounding properties, including Camp Aldersgate and Comcast. Therefore, staff feels that the proposed rezoning is premature. Staff would prefer to see a proposed PCD or POD development for the property, so the development issues associated with the property can be discussed simultaneously with a zoning/use plan. September 9, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-4923-B 4 F. STAFF RECOMMENDATION: Staff recommends denial of the requested O-2 and C-2 rezoning. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the September 9, 2004 agenda. Staff supported the deferral request. With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their bylaws and accept the deferral request 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 September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the October 7, 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 October 7, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. September 9, 2004 ITEM NO.: F FILE NO.: Z-7631 NAME: Graham Temple C.O.G.I.C. – Conditional Use Permit LOCATION: 4307 Frazier Pike OWNER/APPLICANT: Graham Temple C.O.G.I.C./Arthur Devine PROPOSAL: A conditional use permit is requested to allow for the addition of a Family Life Center building on this R-3 zoned church site. 1. SITE LOCATION: The site is located between Frazier Pike and East 39th Street, in the College Station community. The site is outside of the Little Rock city limits, but within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: Graham Temple Church has been at this location for over 75 years and is an important part of the community. Allowing construction of this additional building will not affect the church’s continued compatibility with the neighborhood. The church is located in an area of mixed zoning and uses. Several other institutional uses, including the Pulaski County Health Clinic, a Head Start Facility, a nursing home and an ADED office are located across Frazier Pike, to the south. A restaurant and auto repair garage are adjacent to the west. Single family homes are located east and west of the proposed new building. Vacant, wooded property is located across East 39th Street to the north. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed by two existing driveways. One driveway leads to a 35 space parking lot. The second driveway passes under a covered drop- off area before entering the parking lot. No changes to the driveways or parking area are proposed. The church has a seating capacity of 300, requiring 75 parking spaces. No change in the seating capacity of the sanctuary is proposed, so no additional parking is required. September 9, 2004 ITEM NO.: F (Cont.) FILE NO.: Z-7631 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinance is required. A 6-foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings are required along the eastern and western perimeters of the site. If there are not to be any window or door openings, except those required by ordinance, then the building can serve as providing the necessary screening. The City Beautiful Commission recommends preserving as many trees as feasible. Extra credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of 6-inch caliper or larger. Trees to be preserved must be protected to their dripline with protective fencing. 5. PUBLIC WORKS COMMENTS: 1. This site is outside of the corporate limits, but within the extraterritorial jurisdiction. 2. Frazier Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Show the centerline of Frazier Pike on the survey. 3. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer service not available to this site at this time. Entergy: No Comments received. CenterPoint Energy: Approved as submitted. Southwestern Bell: Approved as submitted. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. Additional fire hydrant(s) will be required. Contact the Little Rock Fire September 9, 2004 ITEM NO.: F (Cont.) FILE NO.: Z-7631 3 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). ¾-inch is the largest meter available of the existing water main. 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. Fire Department: A fire hydrant may be required. Contact Little Rock Fire Department. County Planning: No Comments received. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding building height and materials, signage, site lighting and the dumpster location. Staff asked the applicant to provide the seating capacity of the church’s existing sanctuary and the number of on-site parking spaces. Staff asked the applicant to provide the means of wastewater disposal. It was noted that the 1924 bill of assurance did not address use issues. Staff noted that the proposed family life center building was centered in the lot. Staff commented that moving the building off of the center of the lot would leave some room on the lot for future parking, if needed. Public Works and Landscape Comments were presented and discussed. Utility Comments were noted. The applicant was advised to respond to staff issues by April 21, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Graham Temple C.O.G.I.C. is located on the C-1 zoned property at 4307 Frazier Pike. The property is outside of the Little Rock city limits but is within the City’s zoning jurisdiction. The church has existed at this location for over 75 years. The church building was destroyed by the 1997 tornado that hit College Station and the current, new building was constructed. The site also contains a paved parking lot and driveways. September 9, 2004 ITEM NO.: F (Cont.) FILE NO.: Z-7631 4 The church proposes to construct a one-story, 50’ X 100’ Family Life Center building on R-3 zoned property behind the church building. This adjacent property is cleared and grass-covered. The proposed new building will contain a fellowship hall, kitchen, restrooms and a small apartment for visiting evangelists and guests of the church. The new building will be constructed of colored metal with a metal, pitched roof. The building will be roughly centered in the100 foot wide lot, providing a 25 foot side yard setback on each side and over a 25 foot setback from the East 39th Street property line. The church has one existing ground-mounted sign which will be expanded to allow for placement of the name of the new family life center building. The area of the sign will be well below that allowed in commercial zones. New lighting will be installed on the existing parking lot. Staff is supportive of the requested conditional use permit. Allowing the addition of a small, family life center building to this existing church site should not negatively impact the neighborhood. Attention must be given to properly screening the site from the adjacent single family properties to the east and west. The 1924 bill of assurance does not address use issues. Sewer service will be through LR Wastewater. Sewer was extended to College Station following the 1997 tornado. The church will have to work with Wastewater regarding a sewer main extension. This item has previously been deferred from the May 6, 2004 and June 17, 2004 agendas. The applicant did appear at the July 8, 2004 Subdivision Committee meeting where an update was given. The applicant has responded to issues raised by staff and discussed at Subdivision Committee. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Any new site lighting must be shielded downward and into the site. 3. The dumpster must be properly screened and located so that the truck does not have to back into the street. The dumpster must not be located adjacent to one of the residential properties. September 9, 2004 ITEM NO.: F (Cont.) FILE NO.: Z-7631 5 STAFF REPORT: On April 22, 2004, the applicant requested that the item be deferred to the June 17, 2004 Commission meeting. PLANNING COMMISSION ACTION: (MAY 6, 2004) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that the applicant had requested that the item be deferred to the June 17, 2004 agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to June 17, 2004 by a vote of 11 ayes, 0 noes and 0 absent. STAFF REPORT: On June 2, 2004, the applicant requested that this item be deferred to the July 29, 2004 meeting. PLANNING COMMISSION ACTION: (JUNE 17, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission of the applicant’s request for deferral. There was no additional discussion. The item was placed on the Consent Agenda and approved for deferral to the July 29, 2004 meeting. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (JULY 29, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission that the notification requirement had not been correctly followed 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 September 9, 2004 meeting. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: G SUBJECT: Proposed Amendment to Section 36-556.(b) of Chapter 36 of the Code of Ordinances to add Stagecoach Road and a portion of Colonel Glenn Road to the list of scenic corridors. REQUEST: That the Planning Commission receives comments from interested parties and the Plans Committee and vote on a recommendation to the Board of Directors. Public Notice: Notice of the proposed Ordinance Amendment and of the Commission hearing was sent to the following: Billboard Companies Lamar Outdoor Advertising Arkansas Sign and Neon Cuerdon Signȱ Cynthia Neal, 361 LLC Custom Outdoors Advertising Affected Neighborhood Associations John Barrow Westwood Tall Timber Pecan Lake Stagecoach-Dodd Crystal Valley Otter Creek SWLR United for Progress PLANS COMMITTEE: (MAY 26, 2004) Staff presented the item. There was little discussion. The consensus was that the proposed amendment was a positive change. The Committee forwarded the item to the full Commission. September 9, 2004 ITEM NO.: G (Cont.) 2 STAFF REPORT: On April 5, 1983, the Board of Directors passed Ordinance No. 14,430 which designated I-430, I-630, I-440, Highway 10 and Rebsamen Park Road as scenic corridors for the purposes of billboard regulation. On July 7, 1992, Ordinance No. 16,244 was passed which established additional criteria for billboards and added Chenal Parkway from Kanis Road to Arkansas State Highway 300 to the list of scenic corridors. A scenic corridor is defined by Section 36-530. of the Code of Ordinances of the City of Little Rock, Arkansas as “a public right-of-way which, in the opinion of the board of directors, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation. Section 36-556.(b) of the Code states: “No billboard may be altered or erected within six hundred sixty (660) feet of the nearest edge of the right-of-way of the scenic corridors.” Recently, development has started to increase in the general area along Stagecoach Road and Colonel Glenn Road, west of the Stagecoach/Colonel Glenn split. In conjunction with the increase in development, several permits have been issued for new billboards on those corridors. In response to concerns raised by citizens about the possible proliferation of billboards in those areas, staff is proposing adding those two streets to the list of scenic corridors. Any existing billboards along Stagecoach Road and Colonel Glenn Road, west of the Stagecoach/Colonel Glenn split will become nonconforming and no new permits will be issued. Staff believes the two roads in question meet the definition of “scenic corridor” and it is appropriate to add them to the designated scenic corridors. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance amendment. PLANNING COMMISSION ACTION: (JUNE 17, 2004) Staff presented the item and requested that action be deferred to the July 29, 2004 meeting. There was no additional discussion. The item was placed on the Consent Agenda and deferred to the July 29, 2004 meeting. The vote was 9 ayes, 0 noes and 2 absent. September 9, 2004 ITEM NO.: G (Cont.) 3 PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff presented the item and requested that the item be deferred to the September 9, 2004 meeting to allow further study. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the September 9, 2004 meeting. The vote was 10 ayes, 0 noes and 1 absent. STAFF UPDATE: After further consideration and review of the issue, staff has determined that it is appropriate to add two additional streets to the list of designated scenic corridors, in addition to the previously suggested Colonel Glenn Road and Stagecoach Road. Staff believes it is appropriate to add Kanis Road, from 12th Street to the western boundary of the planning boundary, and Financial Center/Chenal Parkway, from Shackleford Road to Kanis Road. In staff’s opinion, Kanis Road clearly meets the definition of a scenic corridor. Much of the Kanis Corridor is still undeveloped and rural in nature. The new developments that have occurred along the corridor have been constructed with the newer landscape and buffer provisions. Staff also believes it is appropriate to “fill in the gap” along the I-630/Chenal Parkway corridor by adding that portion of the Financial Center/Chenal Parkway corridor between Shackleford Road and Kanis Road. Again, the development that has occurred in that area has been built with the newer landscape and buffer provisions. Portions of the Parkway are bordered by parks and park-like settings. Notice of the currently proposed Ordinance Amendment and of the September 9, 2004 Commission hearing was sent to the following: Billboard Companies Lamar Outdoor Advertising Arkansas Sign and Neon Cuerdon Signȱ Cynthia Neal 361, LLC Custom Outdoors Advertising Affected Neighborhood Associations John Barrow Westwood Tall Timber Pecan Lake Stagecoach-Dodd Crystal Valleyȱ Otter Creek SWLR United for Progress Birchwood September 9, 2004 ITEM NO.: G (Cont.) 4 Affected Neighborhood Associations (cont.) Gibralter Heights-Pointe West-Timber Ridge Leander Parkway Place St. Charles Twin Lakes Staff subsequently met with a representative of the billboard industry. The industry has proposed segmenting the scenic corridors and removing the 660 foot prohibition in some areas. The proposal submitted by the industry is as follows: PROPOSED SEGMENTED AREAS AND 660’ ZONE REMOVAL (SEGMENTATIONS) Area 1 Colonel Glenn 600’ E/O Shackleford to 600’ W/O David O’Dodd. (Three units placed in this zone (1) 14’ X 48’ and (2) 12’ X 24’s) Area 2 Kanis Road from I-430 to 2500’ W/O Bowman Road. (Two unites placed in this zone (1) 14 X 48’ and (1) 12’ X 24’) Area 3 Highway 10 from I-430 to 600’ W/O Taylor Loop. (Three units placed in this zone (3) 12’ X 24’s) Area 4 I-430 from the Markham overpass to 600’ north of Rodney Parham Road. (Two units placed in this area (2) 14’ X 48’s) Area 5 Chenal 600’ E/O Bowman to the intersection of Markham. (Two units to be placed in this area, either 12’ X 24’ or 14’ X 48’) September 9, 2004 ITEM NO.: G (Cont.) 5 (660’ ZONE REMOVALS) Area 1 Remove the 660’ zone exclusion from the I-630 and Rodney Parham intersection. (Two units placed in this area (1) 12’ X 24’ and (1) 14’ X 48’) Area 2 Remove the 660’ zone exclusion from the I-30 and 440 intersection. (One unit placed in this area (1) 14’ X 48’) Area 3 Remove the 660’ zone exclusion from I-630 and 430 intersection. (One unit to be placed in this area, either 14’ X 48’ or 12’ X 24’) Area 4 Remove the 660’ zone exclusion from the Chenal and Bowman intersection. (Two units to be placed in this area. (1) 12’ X 24’ and (1) 14’ X 48’) Area 5 Remove the 660’ zone exclusion from I-30 and 430 intersection. (Two units to be placed in this area. (2) 14’ X 48’s) Note: Number of permits used under this proposal totals 20. Remaining 3 permits shall be placed in C-4, I-1 or I-2 zoning. Other Suggested Changes: Any interstate location shall be built at a height no more than 50’, 12’ X 24’ poster sign can be built in C-2 as well as C-3 and Industrial, and no billboard shall be placed within 1,000’ of any residential subdivision entrance. Any nonconforming wood pole sign may be upgraded to a single pole sign as long as the upgrade does not exceed 250 square feet (small poster sign). The issue is scheduled to be discussed at the September 1, 2004 Plans Committee meeting. The Plans Committee report and staff recommendation will be presented at the September 9, 2004 Commission meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff presented the item and recommended that it be deferred to the October 21, 2004 Commission meeting to allow time for further study. There was no additional discussion. The item was placed on the Consent Agenda and approved for deferral to the October 21, 2004 meeting. The vote was 7 ayes, 0 noes and 4 absent. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE ADDITION OF STAGECOACH ROAD, KANIS ROAD AND A PORTION OF COLONEL GLENN ROAD AND CHENAL PARKWAY- FINANCIAL CENTER PARKWAY TO THE LIST OF DESIGNATED SCENIC CORRIDORS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, a scenic corridor is defined by Section 36-530. of the Code of Ordinances of the City of Little Rock, Arkansas as “a public right-of-way which, in the opinion of the board of directors, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation; and WHEREAS, Section 36-556.(b) of the Code of Ordinances of the City of Little Rock, Arkansas currently designates I-430, I-630, I-440, Highway 10, Rebsamen Park Road and Chenal Parkway from Kanis Road to Arkansas State Highway 300 as scenic corridors; and WHEREAS, it has been determined by the Planning Commission and the Board of Directors of the City of Little Rock, Arkansas that Kanis Road from West 12th Street to the western boundary of the planning boundary, Chenal Parkway-Financial Center Parkway from Shackleford Road to Kanis Road, Stagecoach Road and Colonel Glenn Road from Stagecoach Road to the western boundary of the City’s planning boundary exhibit special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 36., Section 36-556.(b) of the Code of Ordinances of the City of Little Rock, Arkansas be amended to provide for the addition of new text and to then read as follows: (b) I-430, I-630, I-440, Highway 10, Rebsamen Park Road, Chenal Parkway- Financial Center Parkway from Shackleford Road to State Highway 300, Kanis Road from West 12th Street to the western boundary of the planning boundary, Stagecoach Road and Colonel Glenn Road from Stagecoach Road to the western boundary of the planning boundary are designated as scenic corridors for the purposes of this article. No billboard may be altered or erected within six hundred sixty (660) feet of the nearest edge of the right-of-way of the scenic corridors. SECTION 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions 2 of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 4. Emergency Clause. Whereas, it has been determined that it is necessary that the proposed amendment become effective immediately to protect the special aesthetic and visual characteristics of Stagecoach Road and the designated portion of Colonel Glenn Road; an emergency is hereby declared and this Ordinance shall take effect immediately upon its passage. PASSED:_____________________ ATTEST: APPROVED: _____________________________ _____________________________ C i t y C l e r k M a y o r September 9, 2004 ITEM NO.: H FILE NO.: LU04-20-01 Name: Land Use Plan Amendment - Pinnacle Planning District Location: Ranch Development Request: Single Family to Office and Mixed Office Commercial Source: Joe White, White Daters Engineering PROPOSAL / REQUEST: Land Use Plan amendment in the Pinnacle Planning District from Single Family to Office and Mixed Office Commercial. The Mixed Office and Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. This request is in two parcels, one at the southwest corner of Valley Ranch Road and Patrick Country Road and the second on the east side of Chenonceau. The request is for unspecified future development. Staff is not expanding the application. EXISTING LAND USE AND ZONING: The property is currently zoned R-2 Single Family and is a combined 5.81 acres ± in size. North of the site is undeveloped land and single-family houses. To the south lies undeveloped land zoned O-3 Office, MF-18 Multi Family, and C-3 General Commercial. A PCD with office and commercial uses also lies to the south. To the east lies a R-2 CUP for a private school and further east lies single family homes zoned R-2 Single Family. To the west at the northwest corner of Valley Ranch Drive and Highway 10 there is an area of Suburban Office that is undeveloped and further to the west is Single Family that has houses on large lots. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: June 20, 2000, a change from Mixed Office Commercial to Commercial for an area between Chenonceau and Patrick County Road one quarter of a mile to the south for future development. September 9, 2004 ITEM NO.: H (Cont.) FILE NO.: LU04-20-01 2 November 19, 1999, a change from Single Family to Office at 6400 Patrick County Road immediately south of the western area for future development. October 5, 1999, a change from Office to Mixed Office Commercial for an area described as between Chenonceau and Patrick County Road, an area east of Chenonceau north of Highway 10, and an area east of Ranch Boulevard and south of Ranch Drive one quarter of a mile to the south east for future development. MASTER STREET PLAN: Patrick Country Road is shown on the Plan as a Collector and is not currently to standards. Valley Ranch Road and Chenonceau are shown as a local streets built to Commercial standards. All of these previously mentioned streets intersect Cantrell Road, a Principal Arterial, which is built to a five lane standard. PARKS: The closet park to the site is Taylor Loop Park, which is an undeveloped park of 35 acres, located almost two miles to the east. This site is close to the proposed “Take it to the Edge” trail which will connect downtown with “…Two Rivers Park, and Pinnacle Mountain. The trail is composed of paved walking and biking trails, and serves residents and visitors to Little Rock.” This application is within a service deficit area. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: The applicant’s property lies in an area transitioning from a rural character to a suburban form. Office development has occurred in the area of Ranch Drive and Ranch Boulevard. Large tracts of undeveloped land designated for Office, Commercial and Mixed Office Commercial exist in this area to the south and to the east. The application is in two parts: one area of 2± acres from Single Family to Mixed Office Commercial on the east side of Chenonceau and another area of 4± acres September 9, 2004 ITEM NO.: H (Cont.) FILE NO.: LU04-20-01 3 from Single Family to Office on the south side of Valley Ranch Drive west of Patrick County Road. Both areas are expansions of the Land Use categories shown to the immediate south of their respective areas. Both of the areas, if changed, will be abutting single-family developments that have been preliminarily platted. The juxtaposition of the Office and Single Family can be detrimental to the Single Family areas. Buffers and/or less intense zoning categories could aid in the transition from the more intensely zoned commercial and office areas to the south and the large tracts of single family to the north. Recent developments in area have been few. A new office/commercial building is under construction at the northeast corner of Chenonceau and Ranch Drive (shown as MOC on plan) as are the apartments that are between Patrick Country and Chenonceau Roads (shown as MF on plan). The acreage south of Ranch Drive on both sides of Chenonceau zoned C-3 still lies undeveloped. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Johnson Ranch Neighborhood and Aberdeen Court Property Owners Association. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (JULY 29, 2004) The item was placed on the consent agenda for deferral to the September 9, 2004 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: On July 28, 2004, the applicant requested the item be deferred. Applicant has met with Staff on this issue and changes to the application may be forthcoming. September 9, 2004 ITEM NO.: H (Cont.) FILE NO.: LU04-20-01 4 PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) The item was placed on the consent agenda for approval as amended. The application was amended to remove the portion of the amendment on Valley Ranch Drive. A motion was made to approve the consent agenda and was approved with a vote of 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: H.1 FILE NO.: Z-7684 Owner: Ranch Properties, Inc. Applicant: White-Daters and Associates Location: East side of Chenonceau Blvd., north of Cantrell Road Area: 1.97 Acres Request: Rezone from R-2 to O-3 Purpose: Future Office Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property (across future extension of Chenonceau Blvd.); zoned R-2 South – Office development (across creek); zoned PCD East – Undeveloped property; zoned R-2 West – Apartment complex under construction (across Chenonceau Blvd.); zoned MF-18 A. PUBLIC WORKS COMMENTS: 1. Chenonceau construction will need to be completed and accepted with the proposed development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route 25 (Highway 10 Express Route) runs along Cantrell Road to the south. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the River Valley and Aberdeen Court Neighborhood Associations were notified of the public hearing. September 9, 2004 ITEM NO.: H.1 (Cont.) FILE NO.: Z-7684 2 D. LAND USE ELEMENT: This request is located in the Pinnacle Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for O-3 zoning for future office development. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda. (Item #4) Master Street Plan: Chenonceau is shown as a local street on the Master Street Plan and is built to a two-lane section. Chenonceau will be required to be built to a Minor Commercial Collector standard. Dedication of right-of-way and street improvements may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: Ranch Properties, Inc., owner of the 1.97 Acres property located along the east side of Chenonceau Blvd., north of Cantrell Road, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed for future office development of the property. The property is currently undeveloped and partially tree-covered. The property is relatively flat, and located approximately three (3) feet below the grade of Chenonceau Blvd. Chenonceau Blvd. currently ends at the north corner of this property. There is a creek/drainage structure located along the property’s south property line. The general area along Chenonceau Blvd., north of Cantrell Road, contains a mixture of uses and zoning. There is an apartment complex under development across Chenonceau Blvd. to the west, with undeveloped R-2 zoned property to the north and east. There is an office development to the south. The Arkansas Baptist school campus is located to the southeast. There is undeveloped C-3 zoned property further south at the northeast and northwest corners of Chenonceau Blvd. and Cantrell Road. September 9, 2004 ITEM NO.: H.1 (Cont.) FILE NO.: Z-7684 3 The City’s Future Land Use Plan designates this property as Single Family. A Land Use Plan Amendment for a change to Mixed Office Commercial is a separate item on this agenda (Item #4). Staff is not supportive of the requested O-3 zoning. Given the fact that there is a multifamily project under development to the west and undeveloped R-2 single family property to the north and east, staff feels that “O-1” Quiet Office District is a much better alternative for the property. The O-1 district allows for office development at a smaller scale than the O-3 district, a scale which will be much more compatible with the adjacent residential zonings. The O-1 district allows a maximum building height of 35 feet, which is the same maximum building height as the R-2 and MF-18 districts. The O-3 zoning district allows a building height of up to 60 feet. Staff feels that the property O-3 zoning will not be compatible with the adjacent properties. F. STAFF RECOMMENDATION: Staff recommends denial of the requested O-3 zoning. Staff recommends approval of O-1 zoning for the property. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the September 9, 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 September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the applicant submitted a letter revising the application to rezone the property from R-2 to O-1, instead of R-2 to O-3. Staff recommended approval of the O-1 rezoning. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as revised and recommended by staff. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The revised application was approved. September 9, 2004 ITEM NO.: H.2 FILE NO.: Z-7685 Owner: FC Grass Farms Partnership Applicant: White-Daters and Associates Location: South side of Valley Ranch Drive, north of Cantrell Road Area: 3.8381 Acres Request: Rezone from R-2 to O-3 Purpose: Future Office Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property (across future extension of Valley Ranch Drive); zoned R-2 South – Undeveloped property; zoned O-3 East – Undeveloped property (across Patrick Country Road); zoned R-2 West – Undeveloped property (across Valley Ranch Drive); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Valley Ranch Drive construction will need to be completed and accepted with the proposed development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route 25 (Highway 10 Express Route) runs along Cantrell Road to the South. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the River Valley and Aberdeen Court Neighborhood Associations were notified of the public hearing. September 9, 2004 ITEM NO.: H.2 (Cont.) FILE NO.: Z-7685 2 D. LAND USE ELEMENT: This request is located in the Pinnacle Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for O-3 zoning for future office development. A land use plan amendment for a change to Office is a separate item on this agenda. (Item #4) Master Street Plan: Valley Ranch Road is shown as a local street on the Master Street Plan and is unbuilt adjacent to this zoning. It would be required to be built to a Minor Commercial Collector standard. Dedication of right-of-way and street improvements may be required. Patrick County Road is shown as a Collector on the Master Street Plan is built to a two lane chip seal with open ditch standard. Dedication of right- of-way and street improvements may be required. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: FC Grass Farms Partnership, owner of the 3.8381 Acre property located along the south side of Valley Ranch Drive, north of Cantrell Road, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed to incorporate the property into the existing O-3 zoned property immediately to the south for future office development. The property is currently undeveloped and wooded, with varying degrees of slope. Valley Ranch Drive currently ends near the southwest corner of the property. In the future Valley Ranch Drive will be extended along this property’s north boundary, and connect into Patrick Country Road. The property to the north and east (across Patrick Country Road) is currently undeveloped and zoned R-2. The property immediately to the south is zoned O-3. There are a few nonconforming residential structures within this O-3 zoned area. Undeveloped R-2 zoned property is also September 9, 2004 ITEM NO.: H.2 (Cont.) FILE NO.: Z-7685 3 located to the west, across Valley Ranch Drive. A school development is located further west, with undeveloped O-1 zoned property to the southwest, along the west side of Valley Ranch Drive. 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 office which is a separate item on this agenda (Item #4). Staff is supportive of the requested O-3 zoning. Staff feels that it is reasonable to zone this 3.8381 acres to O-3 to be incorporated into the existing O-3 zoned property immediately to the south for future office development. However, given the fact that there will be future single family residences located to the north across the future extension of Valley Ranch Drive, staff believes that a 50 foot wide OS buffer and no vehicular access easement (outside the Valley Ranch Drive right-of-way) will be appropriate along the north boundary of the property. The OS zoned buffer/no vehicular access easement should run for approximately 1,050 linear feet, beginning at the northeast corner of the property (Patrick Country Road) and running west to near the southwest corner of the property. Staff believes that this will help screen and buffer the future single family residences from the future office development. With the OS area provided, staff feels that the requested O-3 zoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 zoning, subject to a 50 foot wide OS buffer/no vehicular access easement being provided along the north property line, outside the right-of-way for Valley Ranch Drive. The OS strip should run from Patrick Country Road to the west approximately 1,050 linear feet. PLANNING COMMISSION ACTION: (JULY 29, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the September 9, 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 September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. September 9, 2004 ITEM NO.: H.2 (Cont.) FILE NO.: Z-7685 4 PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent, the Commission voted to waive their bylaws and accept the withdrawal request 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 7 ayes, 0 nays and 4 absent. The application was withdrawn. September 9, 2004 ITEM NO.: I FILE NO.: Z-7682 Name: Goss Day Care Family Home – Special Use Permit Location: 6709 Lantana Road Owner: Herbert and Eloise Goss Applicant: Eloise Goss 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 6709 Lantana Road. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 6709 Lantana Road is located on the south side of Lantana Road, east of Azalea 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 should provide a safe play area. The applicant proposes to operate the day care family from 6:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have no employees. There is a two-car wide concrete driveway from Lantana Road, with parking for six (6) vehicles (including the carport). On inspection of the site, staff observed no vehicles parked on unpaved area. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. The applicant notes that she has been licensed by the State and has operated a day care family home at this address since 2001. The applicant is licensed to care for up to 10 children. September 9, 2004 ITEM NO.: I (Cont.) FILE NO.: Z-7682 2 The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1958 and appears to still be in effect. The Bill of Assurance contains the following language: “1. No lot shall be used except for single-family residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed 2 ½ stories in height and a private garage for not more than 2 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 and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family home proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. September 9, 2004 ITEM NO.: I (Cont.) FILE NO.: Z-7682 3 h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment to the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) Eloise Goss was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in paragraph B. of this report. After the discussion, the Committee forwarded the issue to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6709 Lantana Road, subject to the following conditions: 1. Compliance with the site and location criteria established in Section 36-54(e)(3). September 9, 2004 ITEM NO.: I (Cont.) FILE NO.: Z-7682 4 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: (JULY 29, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the September 9, 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 September 9, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Eloise Goss was present, representing the application. Ms. Goss requested the application be deferred to the October 21, 2004 Agenda, based on the fact that only seven (7) commissioners were present. The deferral was offered by the Commission. A motion was made to defer the application to the October 21, 2004 Agenda. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. September 9, 2004 ITEM NO.: J FILE NO.: Z-7683 NAME: Baird Transitional Housing – Conditional Use Permit LOCATION: 3316 West 12th Street OWNER/APPLICANT: Gary Godley, Sr./Abraham Baird PROPOSAL: A conditional use permit is requested to allow for use of the existing residence on this R-3 zoned property as a transitional housing facility for up to 10 men who are in transition from state incarceration and those who are currently attending drug treatment classes. STAFF REPORT: A task force appointed by the City Manager is currently studying the issue of transitional housing facilities in Little Rock. It is anticipated that the Task Force will complete its work in August. Staff believes this item needs to be deferred until after the task force has submitted its report. The applicant has agreed to defer the item. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the September 9, 2004 Planning Commission meeting. PLANNING COMMISSION ACTION: (JULY 29, 2004) The applicant was not present. There were no objectors present. Staff presented the item and recommended that it be deferred to the September 9, 2004 meeting. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral by a vote of 10 ayes, 0 noes and 1 absent. STAFF REPORT: The Transitional Housing Facilities Task Force has not completed its work. It is hoped that the Task Force will complete its work in September. Staff believes this item needs to be deferred until after the Task Force has submitted its report. Staff has contacted the applicant and he has agreed to defer the item. September 9, 2004 ITEM NO.: J (Cont.) FILE NO.: Z-7683 2 STAFF RECOMMENDATION: Staff recommends that the item be deferred to the October 21, 2004 Planning Commission meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) The applicant was not present. There were no objectors present. Staff presented the item and recommended that it be deferred to the October 21, 2004 meeting. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the October 21, 2004 meeting. The vote was 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: K FILE NO.: Z-7677 NAME: Abraham Day Care Center – Conditional Use Permit LOCATION: 8824 West 34th Street OWNER/APPLICANT: Scott Turner/Frederick Abraham PROPOSAL: A conditional use permit is requested to allow use of the existing residence on this R-3 zoned property as a day care center. 1. SITE LOCATION: The property is located at the northeast corner of West 34th and Ludwig; one block west of John Barrow Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located near the commercial node which extends along John Barrow Road, from 32nd to 36th Street. It is, however, within the residential neighborhood. Single family residences are located adjacent to the east and across Ludwig to the west. A church is located across 34th Street to the south. Along Barrow Road, one block to the east, a variety of smaller scale commercial uses extend from 32nd to 36th. Single family homes are located in the overall area around the site. Staff is concerned that allowing a commercial use of this intensity to be located out of the commercial node and in the residential neighborhood could have a detrimental effect on the nearby residences. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow and Campus Place Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has a paved, single-wide driveway; typical of a single family residence in the area. The proposed day care center is to have a maximum enrollment of 50 children with a total of 6 employees, not counting the director. The day care is to operate with two shifts; with no more than 25 children present at any time. There will be 3 employees on each shift, not counting the director. The applicant has proposed to construct a 6-space, paved parking lot, utilizing the existing driveway off of 34th Street. This will satisfy the parking requirement for 4 employees and 25 children. Staff is concerned that the parking will prove inadequate when the shifts overlap; resulting in vehicles having to park on 34th and September 9, 2004 ITEM NO.: K (Cont.) FILE NO.: Z-7677 2 Ludwig Streets. Very much congestion could result in vehicles stacking on 34th back to John Barrow Road. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. The playground area must be screened from the adjacent residential properties to the north and east. This can be accomplished with a 6-foot high opaque wooden fence with its face side directed outward. If a parking area is to be developed, then it must be properly screened and landscaped according to ordinance standards. 5. PUBLIC WORKS COMMENTS: 1. Show the proposed location of all driveways and parking areas. Driveway width is limited to 36 feet for a commercial driveway. 2. Queuing of vehicles for pick-up and drop-off of children must be done in a manner that does not cause stacking of vehicles back to Barrow Road. 3. Ludwig and 34th Street are improved streets with curb and gutter. Sidewalk construction may be required to be included with future construction. 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: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Age of children may require the building to be sprinkled; contact the Fire Marshall’s office at 918-3700. County Planning: No Comments. September 9, 2004 ITEM NO.: K (Cont.) FILE NO.: Z-7677 3 CATA: The site is not located on a CATA bus route. The nearest route is located on 36th Street, two blocks to the south. SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding the number of children and employees, days and hours of operation, signage, fencing and site lighting. Staff stated screening needed to be installed on the perimeters of the playground area where the site was adjacent to residential properties and use of the playground should be limited to daylight hours. Staff noted there was no on-site parking shown on the site plan. The applicant responded that he intended to install parking. He was advised to meet with staff to devise a parking plan. Public Works, Landscape and Utility Comments were noted. The applicant was advised to contact the Fire Marshall’s office regarding the fire hydrant and sprinkler comments. The applicant was advised to respond to staff issues by Wednesday, July 14, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property at 8824 West 34th Street is occupied by a one-story, brick and frame, single family residence that is typical of homes in the area. The applicant is requesting approval of a conditional use permit to allow for the conversion of the residence into a day care center. The application is not for a day care family home where the care giver occupies the residence. The proposed day care center is to have two shifts; operating Monday through Friday, 6:00 a.m. to 12:00 midnight. The maximum proposed enrollment is 50 children, with no more than 25 children present at any time. There will be 6 employees, not including the director. There will be 3 employees on each shift, plus the director. A single ground-mounted sign is proposed to be placed on the 34th Street frontage. The sign will measure 3’ X 4’ and will be 6 feet tall. A 6 foot tall, wood privacy fence will be erected on the east, west and north perimeters of the site. A playground will be located behind the building and will be used only during daylight hours. A single light will be placed to illuminate the parking lot. The light will be shielded downward and into the site. There is no valid bill of assurance. The applicant submitted a revised site plan and responses to issues raised at Subdivision Committee. September 9, 2004 ITEM NO.: K (Cont.) FILE NO.: Z-7677 4 While the applicant has done a good job of addressing most of the site plan related issues, staff does not support the proposed use. Staff’s concerns center around the intensity of the proposed use, the hours of operation and the proximity of the site to existing single family residences. The site is on the fringe of the commercial node that is located along John Barrow Road, between 32nd and 36th Streets. There is a clear delineation between those commercial uses and the surrounding residential neighborhood, of which the property is a part. Other than the church to the south, single family homes and properties comprise the majority of the neighborhood immediately around the site. The proposed day care is to operate from 6:00 a.m. until midnight. Staff feels that having this commercial activity and its related traffic extend past 6:00 p.m. will negatively impact the nearby residents. The applicant has proposed to operate the day care in two shifts, with no more than 25 children per shift. Staff does not see how this is workable. There is a likelihood that there will be a time at “shift change” when the number of children and vehicles at the site will exceed the capability of the site to handle them. This will result in vehicles being parked on the street, possibly impacting traffic one block to the east on John Barrow Road. A day care of this size needs to be located in an appropriate commercial location, not within a residential neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JULY 29, 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 to the September 9, 2004 meeting to allow him to meet with the neighborhood association. The deferral request had been made on July 28, 2004. 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 9 ayes, 0 noes and 2 absent. The item was then placed on the Consent Agenda and approved for deferral by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant has revised his application. The proposed maximum enrollment of the day care center is now 25 children. There will be three employees, plus the director. The days and hours of operation are now proposed as Monday through Friday, 6:00 a.m. to 6:00 p.m. September 9, 2004 ITEM NO.: 1 FILE NO.: G-23-339 Name: West 40th Street – Right-of-Way Abandonment Location: Between Foster and Weldon Streets Owner/Applicant: M. E. Seckt Ltd. Co./C. L. Clifton Request: To abandon the east 145 feet of the 50 foot wide West 40th Street right-of-way between Foster and Weldon Streets. Purpose: To incorporate the area of abandonment into the property immediately north and south, in order to replat into four (4) single family lots for new home construction. 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. Central Arkansas Water and Southwestern Bell request that easements be retained within the area of abandonment. The Public Works comments are as follows: 1. Public Works does not maintain any drainage facilities in this portion of the undeveloped right-of-way of 40th Street. B. Master Street Plan The Master Street Plan would classify West 40th 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. C. Characteristics of Right-of-Way Terrain This portion of West 40th Street right-of-way is currently undeveloped and tree covered. The property on the north and south sides of the right-of- way is also undeveloped. D. Development Potential Once abandoned, the applicant proposes to incorporate the area of abandonment into the property immediately north and south, in order to replat into four (4) single family residential lots for new home construction. September 9, 2004 ITEM NO.: 1 (Cont.) FILE NO.: G-23-339 2 E. Neighborhood and Land Use Effect All surrounding property is undeveloped and zoned R-2. Kiwanis Park is located to the southeast. Abandoning this portion of West 40th Street right-of-way will have no adverse impact on the general area. F. Neighborhood Position The John Barrow Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the proposed abandonment. The only abutting property owner (excluding the applicant) is L. A. Duelmer, who owns the property to the northwest and southwest within the west one-half of this block. Mr. Duelmer is not a party to the abandonment request, but he was properly notified of the proposal. G. Effect on Public Services or Utilities Central Arkansas Water: No objection to abandonment. Retain a 15 foot wide easement, 7.5 feet on each side of the centerline of the right-of- way. Wastewater: No objection to abandonment. Entergy: No objection to abandonment. CenterPoint Energy: No objection to abandonment. Southwestern Bell: No objection to abandonment. Retain 10 foot wide north/south easement within west portion of right-of-way. H. Reversionary Rights All reversionary rights extend to the adjacent property owner to the north and south. 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 submitted no comments to the proposed abandonment. September 9, 2004 ITEM NO.: 1 (Cont.) FILE NO.: G-23-339 3 SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Chuck Clifton was present, representing the application. Staff briefly described the proposed right-of-way abandonment. Staff noted that all utility companies as well as Public Works had no objection to the proposal. Staff noted that Central Arkansas Water and Southwestern Bell requested that portions of the area be retained as easements. The proposal was briefly discussed. After the discussion, the Committee forwarded the issue to the full Commission for full resolution. STAFF RECOMMENDATION: Staff recommends approval of the proposed West 40th Street right-of-way abandonment, subject to portions of the area being retained as utility easements as noted in paragraph G. of this report. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The application was approved. September 9, 2004 ITEM NO.: 2 FILE NO.: Z-2911-A Owner: North American Islamic Trust, Inc. Applicant: North American Islamic Trust, Inc. Location: 3202 Mary Street Area: Approximately 0.55 Acre Request: Rezone from I-2 to R-3 Purpose: Multipurpose building for religious facility Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Contractor maintenance yard and single family residences (across West 32nd Street); zoned I-2 and R-3 South – Single Family residence and multifamily residences; zoned R-3 and PRD East – Vacant building; zoned R-3 West – Religious facility; zoned R-3 A. PUBLIC WORKS COMMENTS: 1. With this rezoning action, the proposed land use would classify Mary, Lucie, and 32nd Streets on the Master Street Plan as a commercial street. Dedicate right-of-way to 25 feet from centerline to meet the standards for a minor commercial street. 2. A 20 feet radial dedication of right-of-way is required at the intersection of the streets. 3. Please refer also to the comments for the proposed multi-purpose facility (Z-2911-B). B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. The site is near CATA Bus Routes #9 (UALR Route), #16 (South Highland – UALR Route) and #17A (Mabelvale – UALR Route) which runs along Fair Park Blvd. to the west. September 9, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-2911-A 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Curran-Conway, Midway 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 Multi Family Residential for this property. The applicant has applied for a Conditional Use Permit for a religious institution. The Land Use Plan does not require every religious institution to be in a Public Institutional land use category. The request does not require a change to the Land Use Plan. Master Street Plan: Lucie Street and Mary Street are shown as Local Roads on the Master Street Plan. These streets may require dedication of right-of-way and may require street improvements. Also, one block north of the site is 32nd Street and one block south is Asher Avenue. 32nd Street is shown as a Collector and Asher Avenue is shown as a Principal Arterial on the Master Street Plan. The function of a Local Street is to provide access to adjacent property and the movement of traffic is considered a secondary purpose. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Oak Forest Neighborhood Action Plan. The Community Image goal is to “foster neighborhood pride and to improve the neighborhood’s image” and listed one objective relative to this case: “Attract people to the neighborhood and counter negative perception by improving the neighborhood’s physical appearance.” Construction of a new religious institution in the neighborhood would show investment in the property and attract visitors to the area. The Youth Programs goal is “to provide adequate educational, recreational, vocational, and social services to youth.” Numerous Community Image Objectives are relative to this case. 1) “Identify existing youth programs and determine what additional programs are needed,” 2) “attract youth programs to the area,” 3) “make all youth programs and services accessible,” 4) “Encourage adults and neighborhood groups and institutions to become more involved with the September 9, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-2911-A 3 neighborhood youth.” Development of a religious institution will provide activities than can benefit area youth. The religious institution may be able to work with the local neighborhood associations to be more active with community services aimed at benefiting the community. E. STAFF ANALYSIS: North American Islamic Trust, Inc., owner of the 0.55 acre property at 3202 Mary Street, is requesting to rezone the property from “I-2” Light Industrial District to “R-3” Single Family District. The rezoning is proposed in order to construct a multipurpose building to serve the Islamic religious facilities located immediately to the west. The property is located along the west side of Mary Street between West 32nd Street and Lucie Avenue, and consists of four (4) platted lots. A conditional use permit has also been filed for the proposed multipurpose building and is item 2.1 on this agenda. The property is currently vacant and mostly grass covered. There is an existing gravel drive from Lucie Avenue with a paved apron. There is a chain-link fence surrounding the property. There is also a platted alley along the west property line. The general area contains a mixture of uses. The Islamic religious facilities are located immediately to the west. There is a vacant church building located across Mary Street to the east, with the Kaufman Lumber Company development to the southeast. A contractor’s maintenance yard and single family residences are located across West 32nd Street to the north. A single family residence and multifamily development are located across Lucie Avenue to the south. The City’s Future Land Use Plan designates this property as Multifamily. The requested zoning change to R-3 with a conditional use permit for a religious facility does not require a change to the Land Use Plan. Staff is supportive of the requested R-3 zoning. Staff feels that the request is reasonable. The applicant is proposing the rezoning in order to expand the Islamic religious facility which is located immediately to the west, also on R-3 zoned property. Staff feels that the expansion of the Islamic religious facility will represent a quality in-fill development within this area of the City. Staff believes the proposed rezoning will have no adverse impact on the general area. September 9, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-2911-A 4 F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-3 rezoning. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The application was approved. September 9, 2004 ITEM NO.: 2.1 FILE NO.: Z-2911-B NAME: Islamic Center Multipurpose Facility – Conditional Use Permit LOCATION: 3202 Mary Street OWNER/APPLICANT: North American Islamic Trust, Inc./ Mohammed Shahare PROPOSAL: A conditional use permit is requested to allow for construction of a multipurpose facility to serve the Islamic Center of Little Rock. The property is currently zoned I-2. A request to rezone the property to R-3 is a separate item on this agenda (Z-2911-A). 1. SITE LOCATION: The site is located on the west side of Mary Street, between West 32nd Street and Lucie Avenue; two blocks north of Asher Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within a pocket of mixed uses and zoning “sandwiched” between the Oak Forest residential neighborhood and the Asher Avenue commercial corridor. Uses include contractors’ storage yards, a multifamily development, a lumberyard and other facilities of the Islamic Center. The proposed use is compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Curran Conway, Midway and Oak Forest Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: No new parking is proposed in conjunction with this new facility. The Islamic Center has existing parking located adjacent to the other buildings, west of this site. On May 15, 2003, the Commission approved a C.U.P. to allow use of the property west of the site as a parking lot, with a 12-month deferral of the paving, right-of-way dedication and street improvement requirements (Z-7392). This parking lot is now proposed to be developed in conjunction with this new building. September 9, 2004 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. Areas set aside for buffers and landscaping meet with ordinance requirements. 5. PUBLIC WORKS COMMENTS: 1. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 2. A grading permit in accordance with Section 29-186(c) & (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. Call 371-4817. 3. Storm water detention will not apply to the proposed development. 4. 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). 5. No new off-street parking is proposed, however, it should note that on street parking is limited by narrow boundary streets around the proposed center. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing 6” sewer main located in alley. Contact Little Rock Wastewater Utility prior to construction for location and assistance if necessary. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The maximum meter size available off the existing main is ¾ inch. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. September 9, 2004 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B 3 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). Installation of a public water main will also be required in order to allow for the fire hydrant installation. The 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: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Routes are located in the general vicinity; along Asher Avenue, West 29th Street and Fair Park Boulevard. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) The applicant was present. Staff presented the item and noted additional information was needed on the building design, uses, days and hours of operation, signage, site lighting and fencing. Staff asked the applicant to more clearly label the building setbacks and to provide a copy of the bill of assurance. Staff informed the Committee that the 12-month deferral of the paving, right-of- way dedication and street improvements for the parking lot adjacent to the west had expired. The applicant responded that the parking lot would be brought up to code in conjunction with construction of this new building. Public Works, Utility and Landscape Comments were presented. The applicant was advised to meet with those individual agencies, if there were any questions. The Committee determined there were no other issues and, after advising the applicant to respond to staff issues by August 25, 2004, forwarded the item to the full Commission. STAFF ANALYSIS: The Islamic Center of Little Rock proposes to construct a multipurpose facility on the vacant, I-2 zoned property located at 3202 Mary Street. This property was September 9, 2004 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B 4 previously occupied by a contractor’s storage yard. A request to rezone the property to R-3 is a separate item on this agenda, (Z-2911-A). The facility will be used in conjunction with other Islamic Center facilities located to the west. The proposed building will contain two levels and will be 28 feet in height. The building will be constructed of steel and masonry, to match the Center’s other buildings, and will have a metal roof with a 2/12 pitch. The building is to contain a basketball court, library, offices and meeting rooms. Hours of operation are likely to be 8:00 a.m. to 5:00 p.m., seven days week, with some evening use. The building is proposed to occupy the entirety of the half block bounded by West 32nd, Anna, Mary and Lucie. The applicants propose the building to have a reduced front yard (Mary Street) setback of 13.3 feet and a reduced rear yard (alley) setback of 10 feet. The side setbacks are proposed as 15 feet and 14.9 feet. The side and front setbacks will be reduced once the required dedication of right-of-way has occurred. Even with the reduction, the side setbacks will comply with the R-3 requirement. The reduced front and rear yard setbacks should have minor impact since there is an alley to the rear and the streets are not heavily trafficked. Staff is supportive of the requested conditional use permit. The proposed new building will be a component of the overall campus the Islamic Center is developing between West 32nd and Lucie Streets. Parking is available on center-owned properties adjacent to the site. The property is located in an area of mixed zoning and uses and the proposed use should be compatible with the neighborhood. There is no bill of assurance issue. On May 15, 2003, the Commission approved a conditional use permit to allow use of the property directly northwest of this site (at the SE corner of West 32nd and Anna Streets) as a parking lot with a 12-month deferral of the paving requirement, right-of-way dedication and street improvements. None of these have occurred. The applicant now proposes to accomplish these requirements in conjunction with construction of this proposed building. Staff is agreeable to that arrangement as long as construction of this new building commences within a reasonably short time. If permits are not obtained and construction started within six months, staff believes use of the unimproved parking lot must cease or the parking lot must be brought up to Code compliance. On August 26, 2004, the applicant submitted responses to some of the issues raised at Subdivision Committee. The outstanding issues can easily be addressed in the staff recommendation. To staff’s knowledge, there are no outstanding issues to prevent approval of the conditional use permit. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the following conditions: September 9, 2004 ITEM NO.: 2.1 (Cont.) FILE NO.: Z-2911-B 5 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the Staff Report. 2. Signage is to be limited to that allowed in office and institutional zones. 3. All site lighting is to be shielded downward and into the site. 4. Any dumpster must be properly screened and is to not be accessed directly from the street. 5. If permits are not obtained and construction commenced on this new building by March 9, 2005, use of the unimproved parking lot at the southeast corner of West 32nd and Anna Streets must cease or the parking lot must be brought into full code compliance; including paving, landscaping, screening, right-of- way dedication and street improvements. Staff recommends approval of the setback variances, as proposed. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. Staff also recommended approval of the setback variances. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including the setback variances. The vote was 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: 3 FILE NO.: Z-7419-A Owner: Coburn Land and Leasing Applicant: R. C. Coburn Location: 9304 Mabelvale Pike Area: 0.313 Acres Request: Rezone from R-2 to C-4 Purpose: Commercial Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Volvo Rents (under construction); zoned C-4 South – Undeveloped; zoned C-4 East – Undeveloped (across Mabelvale Pike); zoned C-3 West – Light Industrial development; zoned I-2 A. PUBLIC WORKS COMMENTS: 1. For this zoning action, Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A minimum dedication of right-of-way 45 feet from centerline will be required prior to final Board action. 2. A modified grading permit in accordance with section 29-186(c) & (d) will be required prior to any additional land clearing or grading activities at the site. Site grading, and drainage plans, prepared by a registered professional engineer, will need to be submitted and approved prior to any further site grading. 3. With future building permit, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to this street including 5-foot sidewalks with planned. September 9, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7419-A 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. The site is located near CATA Bus Routes #17 (Mabelvale – Downtown route) and #17A (Mabelvale – UALR route) which run along I-30 to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Mavis Circle, Pinedale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for C–4 Open Display Commercial District for a commercial use. The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan and may require dedication of right-of-way and require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function are to provide short distance travel within the urbanized area. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Chicot West/I-30 South Neighborhood Action Plan. The Infrastructure goal has four objectives relevant to this case: 1) “bring all streets up to city standards,” 2) “identify and correct drainage problems in the area,” 3) “provide streets for safe and efficient traffic flow,” 4) “provide sidewalks on major roads and near schools.” Development of a commercial use in this area needs to address traffic flow on Mabelvale Pike and insure that the Infrastructure goals are met. Water runoff from the site may need to be controlled to address potential area drainage problems. The Economic Development goal is to “provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities.” The September 9, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7419-A 3 Economic Goal has three objectives relevant to this case 1) “attract better restaurants,” 2) “attract neighborhood oriented business,” 3) “attract a grocery store to the area.” The neighborhood would like to attract desirable businesses that target the middle class consumer and indicates a need for sit-down restaurants. The Community Image goal states two objectives relevant to this case: 1) “start a community beautification project,” 2) “strictly enforce codes.” Development of this property will need to follow all aspects of the city landscape ordinance and conform to code. E. STAFF ANALYSIS: Coburn Land and Leasing, owner of the 0.313 acre property at 9304 Mabelvale Pike, is requesting to rezone the property from “R-2” Single Family District to “C-4” Open Display District. The rezoning is proposed in order to incorporate the property into the C-4 zoned property immediately north and west for development of Volvo Rents, an equipment rental business. The property is located on the west side of Mabelvale Pike, approximately 500 feet south of Interstate 30. It is currently undeveloped and grass covered. A single family residence which existed on the site was recently removed. This general area along Mabelvale Pike contains a mixture of zoning and uses. The property immediately north is zoned C-4. The property further north along the south side of I-30 is also zoned commercial (C-3 and C-4) and contains commercial uses. The property immediately south is also zoned C-4 with a single family residence and commercial/light industrial uses (along Davmar Drive) located further south. There is undeveloped C-3 zoned property across Mabelvale Pike to the east, with a light industrial use on the I-2 zoned property further to the west. The City’s Future Land Use Plan designates this property as Commercial. The requested C-4 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested C-4 zoning. Staff feels that C-4 zoning for the property is reasonable. Staff feels that incorporating this property into the larger C-4 zoned tract which wraps around it to the north and west is a good use of the property. Staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. September 9, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7419-A 4 PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) R. C. Coburn was present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Paula Baer addressed the Commission with concerns. She expressed concerns with the site work taking place on the property immediately south of the property in question (immediately north of her residence at 9400 Mabelvale Pike). She expressed concerns with water run-off onto her property. R. C. Coburn addressed the Commission in support of the application. Mr. Coburn explained why the rezoning request was made. In response to questions from Commissioner Adcock, Mr. Coburn explained that the rezoning was proposed in order to incorporate the property into his C-4 zoned property which wraps around it to the north and west. Mr. Coburn also noted that his sand blasting business would not be moved to this location. There was a brief discussion of the property immediately south of the property in question. Commissioner Rector asked if any violations existed on the property to the south. Mike Hood, of Public Works, explained that there had been violations in the past. He noted that the property currently had a permit for grading, and that his department would monitor the site. Mr. Coburn noted that the property to the south would be graded and seeded as per City requirements. In response to a question from the Commission, staff noted that the property to the south could not be used for storage/display of vehicles or equipment without developing the site per City requirements (paving, landscaping, etc.). Commissioner Floyd asked if the Fire Department had been involved with the property. Mr. Coburn explained that he had a permit to burn trees on the property. He noted that the Fire Department had inspected the site and allowed him to proceed with the burning. There was a motion to approve the application, as filed. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The C-4 zoning was approved. September 9, 2004 ITEM NO.: 4 FILE NO.: Z-7707 Name: Barton Day Care Family Home – Special Use Permit Location: 3515 Maryland Avenue Owner: Lafonza Barton Applicant: Jacqueline Barton 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-3 zoned property at 3515 Maryland Avenue. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Pine to Woodrow, Forest Hills, Stephens Area Faith and Hope Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 3515 Maryland Avenue is located on the south side of Maryland Avenue, between Valentine and Valmar Streets. The properties to the south, east and west are zoned R-3 and contain single family residences. The property across Maryland Avenue to the north is zoned R-4. The applicant’s home is a two-story frame structure, and is typical of those in the general area. The rear yard is fenced and should provide a safe play area. The applicant proposes to operate the day care from 7:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have no employees. There is a one-car wide concrete driveway from Maryland Avenue, with parking for three (3) vehicles. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. The site is not currently being used as a day care family home. The applicant notes that she is in the process of being licensed by the State, September 9, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7707 2 for care of up to 10 children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant met with Pulaski County personnel who were unable to locate a Bill of Assurance for this property. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. September 9, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7707 3 i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. On inspection of the site, staff observed some debris in the rear yard from where a storage building had been torn down. These materials will need to be removed from the rear yard. Otherwise, staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Jacqueline Barton was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. In response to a question from staff, Ms. Barton noted that 3515 Maryland Avenue is her principal residence. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in paragraph B. of this report. Staff noted that there was a pile of debris in the rear yard where a storage building had been torn down. Ms. Barton noted that the debris would be removed from the property. After the discussion, the Committee forwarded the issue to the full Commission for final action. September 9, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7707 4 D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 3515 Maryland Avenue, 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 daylight hours. 4. The debris in the rear yard must be removed prior to operation of the day care family home. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The application was approved. September 9, 2004 ITEM NO.: 5 FILE NO.: Z-7708 Name: Wilborn Day Care Family Home – Special Use Permit Location: 3 Elrod Drive Owner: Capital Partners, LLC Applicant: Mary Wilborn 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 3 Elrod Drive. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Windamere, Cloverdale and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 3 Elrod Drive is located on the west side of Elrod Drive, north of Baseline Road. Elrod Drive is a short, dead-end street with three (3) single family residences on its west side. There is vacant R-2 and C-3 zoned property to the east across Elrod Drive. There are two (2) commercial buildings to the south at the northeast and northwest corners of Elrod Drive and Baseline Road. There is a large commercial building immediately west at the northeast corner of Geyer Springs and Baseline Roads. The applicant’s home is a one-story brick and frame structure, and is typical of those to the north and south. The rear yard is fenced and should provide a safe play area. The applicant proposes to operate the day care from 6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have no employees. There is a two-car wide concrete drive from Elrod Drive, with parking for six (6) vehicles including the carport. On inspection of the site, one (1) vehicle was parked in front yard on the grass. The vehicle has since been removed. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. September 9, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7708 2 The applicant has noted that she has been licensed by the State for a day care family home at this location for three (3) years. The applicant is licensed for the care of up to 10 children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1969 and appears to still be in effect. The Bill of Assurance appears to address no use issues relevant to this property. The large commercial development immediately to the west is part of this same subdivision. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. September 9, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7708 3 g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Mary Wilborn was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. In response to a question from staff, Ms. Wilborn noted that 3 Elrod Drive is her principal residence. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in paragraph B. of this report. After the discussion, the Committee forwarded the issue to the full Commission for final action. September 9, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7708 4 D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 3 Elrod Drive, 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 daylight hours. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) Staff informed the Commission that the applicant failed to notify one (1) property owner within 200 feet of the site. Staff recommended the application be deferred. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. September 9, 2004 ITEM NO.: 6 FILE NO.: Z-7709 Name: McGraw Day Care Family Home – Special Use Permit Location: 6822 Marguerite Lane Owner: Angela McGraw Applicant: Angela McGraw 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 6822 Marguerite Lane. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Briarwood Neighborhood Association were notified of the public hearing. B. Staff Analysis: 6822 Marguerite Lane is located on the north side of Marguerite Lane, approximately 300 feet west of Hughes Street. The properties to the north, east and west are zoned R-2 and occupied by single family residences. Interstate 630 right-of-way is located across Marguerite Lane to the south. 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 should provide a safe play area. The applicant proposes to operate the day care from 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted that she will have no employees. There is a two-car wide concrete drive from Marguerite Lane, with parking for six (6) vehicles including the carport. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. September 9, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7709 2 The site is not currently being used as a day care family home. The applicant notes that she is in the process of being licensed by the State, for care of up to 10 children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1965 and appears to still be in effect. The Bill of Assurance contains the following language: “1. LAND USE AND BUILDING TYPE – Said land here in platted shall be held, owned, and used only as residential building sites. No structures shall be erected, altered, placed, or permitted to remain on any building site other than one detached single-family dwelling not to exceed two and one-half stories in height, no detached outbuildings permitted; such classification of outbuildings to exclude detached garage.” Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family September 9, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7709 3 home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Angela McGraw was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. In response to a question from staff, Ms. McGraw noted that 6822 Marguerite Lane is her principal residence. Staff noted that the proposed day care family home September 9, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7709 4 use would conform to the requirements found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in paragraph B. of this report. After the discussion, the Committee forwarded the issue to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 6822 Marguerite Lane, 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: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The application was approved. September 9, 2004 ITEM NO.: 7 FILE NO.: Z-7710 Name: Moore Day Care Family Home – Special Use Permit Location: 1704 S. Tyler Street Owner: Maddloyn Moore Applicant: Maddloyn 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 R-3 zoned property at 1704 S. Tyler Street. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Oak Forest, Midway, Curran-Conway and Hope Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 1704 S. Tyler Street is located on the west side of S. Tyler Street, between West 17th and West 18th Streets. All of the surrounding properties are zoned R-3 and contain single family residences. There is an elementary school located approximately one (1) block to the east along Harrison 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 should provide a safe play area. The applicant proposes to operate the day care from 7:00 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she will have one (1) employee, her daughter who also lives at 1704 S. Tyler Street. There is a one-car wide concrete driveway from S. Tyler Street which extends along the south side of the residence, into the rear yard. There is parking for approximately six (6) vehicles. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveway should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. September 9, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7710 2 The applicant has noted that she has been licensed by the State for a day care family home at this location since September 1998. The applicant is licensed for the care of up to 10 children. The principal use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1907 and appears to address 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: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. September 9, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7710 3 h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issues associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. C. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Maddloyn Moore was present, representing the application. Staff presented the application, describing the proposed day care family home. The specifics of the application were briefly discussed. In response to a question from staff, Ms. Moore noted that 1704 S. Tyler Street is her principal residence. Staff noted that the proposed day care family home use would conform to the requirements found in Section 36-54(e)(3) of the City’s Zoning Ordinance, as noted in paragraph B. of this report. After the discussion, the Committee forwarded the issue to the full Commission for final action. D. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 1704 S. Tyler Street, subject to the following conditions: September 9, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-7710 4 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: (SEPTEMBER 9, 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 7 ayes, 0 nays and 4 absent. The application was approved. September 9, 2004 ITEM NO.: 8 FILE NO.: Z-7689-A NAME: Lipsmeyer Accessory Dwelling – Conditional Use Permit LOCATION: 5515 “H” Street OWNER/APPLICANT: Teri Lipsmeyer PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on the second floor of a proposed accessory structure to be built on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the south side of “H” Street, between Polk and Taylor Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The properties immediately around the site are zoned R-2 and R-3 and are occupied by single family residences. Within the larger neighborhood around the site, there are several nonresidential uses; including Forest Heights Middle School located two blocks to the west, Francis Allen School located one block to the east, Fair Park Elementary and Woodlawn Baptist Church located two blocks to the south. There have been other accessory dwellings approved in the general area; including Hillcrest, Lincoln Park and Prospect Terrace. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hillcrest Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and proposed accessory dwelling require one on- site parking space each. The proposed garage will be accessed via an alley off of “H” Street. The garage will contain parking for two vehicles. 4. SCREENING AND BUFFERS: No Comments. September 9, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7689-A 2 5. PUBLIC WORKS COMMENTS: 1. No encroachment of fill or wall construction of any kind should be placed within the existing alley ditch that would obstruct flow or narrow the channel. Contact Mel Hall (501) 918-5217 for grading inspection during construction. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing 8” sewer main located in alley. Contact Little Rock Wastewater Utility prior to construction for location and assistance if necessary. 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: The site is not located on a CATA bus route. A route is located nearby; on Lee Avenue, north on Fillmore and west “H” Street; 1 ½ blocks west of this site. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) The applicant was not present. Staff presented the item and informed the Commission that some additional information was needed on building design and interior layout of the accessory dwelling. The Committee was informed that the Board of Adjustment had approved an area coverage variance on July 26, 2004 to allow construction of the two-story accessory building. Staff noted the applicant had stated only family members would occupy the accessory dwelling. Staff stated the applicant would be contacted regarding the outstanding information. Public Works and Utility Comments were noted. September 9, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7689-A 3 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 5515 “H” Street is currently vacant. The applicant proposes to construct a new, single-family residence and an accessory structure on the property. The accessory building is proposed to contain a two-car garage on the ground floor and an accessory dwelling on the upper floor. Access to the garage is via an alley on the east side of the lot, off of “H” Street. The accessory dwelling is proposed to contain two bedrooms, a living area, bathroom and kitchen. Occupancy of the accessory dwelling will be limited to family members of the property owner and it will not be rented. No separate utilities are requested. The building will be constructed of brick and frame to match the new house. The bill of assurance does not address use issues. Staff is supportive of the requested Conditional Use Permit. There are other accessory dwellings in the overall area; including Hillcrest, Prospect Terrace and Lincoln Park. On July 26, 2004, the Board of Adjustment approved an area coverage variance to allow the accessory building to occupy more than 30% of the required rear yard. The property is bordered by a 10 foot alley on the east and a 20 foot, undeveloped alley on the south; providing additional separation. With the limits placed on occupancy of the accessory dwelling, the use should be compatible with the neighborhood. The applicant has requested to be allowed to construct the accessory building prior to constructing the principal dwelling, due to difficulty in accessing the rear of the lot. Staff believes the building permit for the principal dwelling must be pulled at the same time as the permit for the accessory building. The Certificate of Occupancy for the accessory building should not be issued prior to the Certificate of Occupancy for the principal dwelling. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit to compliance with the following conditions: 1. Compliance with the Public Works and Utility Comments in Sections 5 and 6 of the Staff Report. 2. Occupancy of the accessory dwelling is to be limited to family members and guests of the property owner and the accessory dwelling is not to be rented. September 9, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-7689-A 4 3. The property owner is to live on the site. 4. The building permit for the accessory dwelling may be issued at the same time as the building permit for the principal dwelling. The Certificate of Occupancy for the accessory building is not to be issued prior to issuance of the Certificate of Occupancy for the principal dwelling. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: 9 FILE NO.: Z-7706 NAME: Roescheise Accessory Dwelling – Conditional Use Permit LOCATION: 2200 Country Club Lane OWNER/APPLICANT: Mr. and Mrs. Donald Roescheise/ Robin Bourné, Architect PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-2 zoned property. 1. SITE LOCATION: The property is located at the northwest corner of Country Club Blvd. and Country Club Lane; at the entrance to the Little Rock Country Club. 2. COMPATIBILITY WITH NEIGHBORHOOD: Other than for the adjacent Country Club and golf course, the surrounding neighborhood is exclusively single family in nature. Other homes in the area have accessory dwellings or guest houses. The applicants propose to remove two accessory dwellings, a guest house and a servant’s quarters, and replace them with a single accessory dwelling which will only be occupied by family members or guests. The proposed use should be compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Heights Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling require one on-site parking space each. The proposed garage will accommodate two vehicles. There is enough space on the driveway for two additional vehicles. 4. SCREENING AND BUFFERS: No Comments. September 9, 2004 ITEM NO.: 9 (Cont.) FILE NO.: Z-7706 2 5. PUBLIC WORKS COMMENTS: 1. Regarding the request to remove sidewalks on the property frontage, Country Club Lane ends one block north of the property, essentially functioning as a minor residential street. No sidewalk would be required on a minor residential street. Because Country Club Boulevard is a standard residential street that currently has sidewalk on that block leading into the club, Public Works would recommend that the sidewalk remain on this street. (NOTE: The applicants have withdrawn their request to remove the sidewalk along Country Club Boulevard.) 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing 6” sewer main located on site. Contact Little Rock Wastewater Utility prior to construction for location and assistance if necessary. 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: The site is not located on a CATA bus route. The nearest route is located on Cantrell Road and Kavanaugh Boulevard. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Robin Bourné and Donald Roescheise were present. Staff presented the item and asked the applicant to provide additional details regarding the design of the proposed accessory dwelling. The applicant briefly discussed the proposed design and stated it would be in the Craftsman Style to blend with the neighborhood. In response to a question from staff, the applicant stated no separate utilities would be requested for the accessory dwelling and the dwelling would never be rented. The applicant stated he would like to remove the September 9, 2004 ITEM NO.: 9 (Cont.) FILE NO.: Z-7706 3 sidewalks along the south and east perimeters of the site. Public Works Staff responded they would review the request. Utility Comments were noted. The applicant was advised to respond to staff issues by August 25, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 2200 Country Club Blvd. is occupied by a two- story, brick, single family residence; a 1,060 square foot, wood frame garage/guest house; and a 189 square foot servants quarters building. The house is being remodeled, including the addition of a new master bedroom suite and laundry room. The applicants propose to remove the two existing accessory buildings and to replace them with a single, one-story building containing and two-car garage and an accessory dwelling. The accessory dwelling will have a combined bedroom/great room, kitchen, bathroom, closet and storage. Occupancy of the accessory dwelling will be limited to family and guests of the property owners. The new building will have a brick exterior and a hip shingled roof. The building will be in the Craftsman Style to match the neighborhood. No separate utilities are requested and the accessory dwelling will never be rented. The 1913 Bill of Assurance does not address use issues. The proposed new building will comply with ordinance setbacks. A variance is requested to allow the structure to cover more than 30% of the required rear yard area. The structure is proposed to cover 57% of the required rear yard area. Staff is supportive of the requested Conditional Use Permit. The proposed use is not out of character with uses in the area. The applicant is removing two accessory buildings, each of which contained an accessory dwelling, and replacing them with a single building and accessory dwelling which will only be occupied by family members or guests. The existing accessory buildings now occupy 50% of the required rear yard area. The applicant is requesting to only slightly increase that coverage to 57% with the new building. The property is one of the larger properties in the neighborhood, being comprised of two lots. Large areas of open yard remain in the front and along each side. The applicant has withdrawn his request to remove the sidewalk along the Country Club Blvd. perimeter. Staff is supportive of the requested removal of the sidewalk on the Country Club Lane (east) perimeter. To staff’s knowledge there are no outstanding issues. The applicant responded to issues raised at Subdivision Committee and reflected in the analysis above. September 9, 2004 ITEM NO.: 9 (Cont.) FILE NO.: Z-7706 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 5 and 6 of the staff report. 2. Occupancy of the accessory dwelling is to be limited to family members and guests of the property owners who will occupy the principal dwelling on the site. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: 10 FILE NO.: Z-7711 NAME: Little Rock Fire Department Station 16 – Conditional Use Permit LOCATION: 11000 Southridge Drive OWNER/APPLICANT: City of Little Rock/Wittenberg, Delony and Davidson, Architects PROPOSAL: A conditional use permit is requested to allow for expansion of the existing fire station on this R-2 zoned property. STAFF REPORT: On August 30, 2004, the applicant requested that this item be deferred for possible changes to be made to the plan. Staff recommends that the item be deferred to the October 21, 2004 Commission meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) The applicant was not present. There were no objectors present. Staff recommended that the item be deferred to the October 21, 2004 meeting. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the October 21, 2004 meeting. The vote was 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: 11 FILE NO.: Z-7712 NAME: Yount Manufactured Home Accessory Dwelling – Conditional Use Permit LOCATION: 19305 Kanis Road OWNER/APPLICANT: Geraldine King/Aaron Yount PROPOSAL: A conditional use permit is requested to allow for placement of a multi-sectional manufactured home on this R-2 zoned, 3.61 acre tract to serve as an accessory dwelling. 1. SITE LOCATION: The site is located on the south side of Kanis Road, between Stewart Road and Iron Horse Road. The property is outside of the city limits but within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature, characterized by single family homes on larger tracts and large areas of undeveloped woodlands. This 3.61 acre tract is located some 300 feet off of Kanis Road and is surrounded by trees and shrubbery, limiting visibility of the site from other properties. Allowing placement of the proposed manufactured home should not impact adjacent properties. The proposed multisectional home is to be located generally in the spot previously occupied by a single-wide mobile home. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified were notified of this request. 3. ON SITE DRIVES AND PARKING: The principal dwelling and proposed accessory dwelling each require one on-site parking space. The property is accessed via a gravel driveway off of Kanis Road. There is more than sufficient on-site parking space on the property. 4. SCREENING AND BUFFERS: No Comments. September 9, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7712 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary. No Comment. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. An application has been made to serve this property with a private line. If this application is approved this property would be served through a private easement with the water meter being set on Kanis Road and only one meter would be allowed to serve this property. 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. Fire Department: Approved as submitted. County Planning: No Comments received. Contact David Harris at Pulaski County Planning at 340-8260. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) The applicants were present. Staff presented the item and asked for additional information on the proposed manufactured home. In response to a question from staff, Mr. Yount stated separate utilities were already in place since the site was previously occupied by a mobile home. The applicants submitted a revised site plan showing the existing driveways. Staff asked the applicants to describe the long-term use of the accessory dwelling and asked if it would ever be rented. Mr. Yount stated the accessory dwelling would never be rented. September 9, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7712 3 Utility Comments were presented. There were no other comments. The applicants were advised to respond to staff issues by August 25, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 3.61 acre tract at 19305 Kanis Road is currently occupied by one, site-built single family residence. A single-wide mobile home which was also on the tract has been removed, but the utility hook-ups remain. The property is outside of the city limits but within the City’s extraterritorial jurisdiction. The applicants are requesting approval of a conditional use permit to allow placement of a 28’ X 80’ (maximum) multisectional manufactured home on the property as an accessory dwelling. The applicants will occupy the accessory dwelling and help care for elderly parents who occupy the principal dwelling. The proposed manufactured home will be a newer model (2,000+) and will have a pitched shingled roof and vinyl siding. The property is located 300± feet off of Kanis Road and is accessed via a gravel driveway. The property is bordered by dense trees and vegetation, providing screening from other properties. Staff is supportive of the requested Conditional Use Permit. The 3.61 acre tract is large enough to support both the existing residence and the proposed manufactured home. It is not unusual to find manufactured homes on properties in this unincorporated area. The home will be placed to comply with Ordinance Siting Standards. The utility connections are already in place since the site was previously occupied by a mobile home. The property is not covered by a valid bill of assurance. At some point in the future, the applicants will occupy the principal dwelling. The manufactured home accessory dwelling will remain on the site to be occupied only by family members or guests of the property owners. The accessory dwelling will not be rented. On August 24, 2004, the applicants submitted responses to staff issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit application subject to compliance with the following conditions: 1. Compliance with the Utility Comments in Section 6 of the staff report. September 9, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7712 4 2. The accessory dwelling is to only be occupied by family members and guests of the property owner and is not to be rented. The property owner must live on-site. 3. Compliance with the following siting criteria established in Section 36-254.(d)(5): a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 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. One letter of opposition had been received. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes and 4 absent. September 9, 2004 ITEM NO.: 12 FILE NO.: G-25-192 NAME: Townsend Street – Renaming to Highland Drive LOCATION: Townsend Street; located on the north side of Cantrell Road, two blocks east of the Candlewood Shopping Center (Kroger). PETITIONER: James E. Hathaway, Jr. and Pfeifer Family Limited Partnership #2 PROPOSAL: To change the name of Townsend Street to Highland Drive. ORDINANCE DESIGN STANDARDS: 1. Abutting Uses and Ownership: All properties which abut the street are currently undeveloped. Two of the lots on the west side of the street have been approved for office/commercial uses under a PCD. The large lot at the end of the street has been approved for a multifamily development. Construction has begun on that site. Four of the six lots abutting the street are owned by the applicants. The owners of the apartment development are not petitioners but are supportive of the change. The one remaining lot fronts onto Cantrell Road and will likely take a Cantrell address when it develops. 2. Neighborhood Effect: No businesses or residents currently take an address from Townsend Street. There will be no effect on the neighborhood. 3. Neighborhood Position: The owners of five of the six tracts which abut the street have either signed the petition as applicants or have voiced support for the change. The remaining property fronts onto Cantrell Road. The owners of all properties abutting the street and the Pankey Neighborhood Association were notified of the proposed change. As of this writing, no opposition has been voiced. September 9, 2004 ITEM NO.: 12 (Cont.) FILE NO.: G-25-192 2 4. Effect on Public Services: No opposition has been voiced by any of the reviewing agencies. No street name sign has yet been erected for this new street. The cost of the new sign will be paid by the developer. 5. Utilities: No opposition has been voiced by any of the reviewing utilities. 6. STAFF REPORT: The applicants are requesting that Townsend Street north of Highway 10 be renamed Highland Drive. The street in question is new. It has been built in two phases during the past 12-14 months. The second and final phase has just been accepted by the City. The name Townsend Street was used for this new street because the plat for JOSEPHINE PANKEY’S EXTENSION OF HER THIRD ADDITION included that name for a street which was to have been built for a distance of only 220’ to the north but which was never built. The land which has been recently platted as Candlewood East is comprised of the combination of a 1.7± acres previously platted as part of Block 36, JOSEPHINE PANKEY’S EXTENSION OF HER THIRD ADDITION and a 40± acre tract to the north. Approximately 18 acres of this property to the far north and far west has been zoned Open Space. The balance of the land has been rezoned to MF, O-3, and PCD and is in the process of being platted as Lots 1-6, Candlewood East Addition to the City of Little Rock (Lots 1, 2, 3 and 5 have already been final platted). The new street extends from Arkansas Highway 10 a distance of approximately 800’. At present, there are no residents or businesses occupying any building on a lot which fronts this street. Pfeifer Family Limited Partnership #2 and James E. Hathaway, Jr. currently own Lots 2, 3, 4 and 6 which constitutes land representing approximately 73% of the frontage for the street in question. West LR Highland Pointe Associates, LLC owns Lot 5 which constitutes land representing approximately 12% of the frontage for the street in question and they are in support of the proposed name change. September 9, 2004 ITEM NO.: 12 (Cont.) FILE NO.: G-25-192 3 The balance of the frontage is represented by Block 35 of the Pankey Addition which is owned by Ms. Libby Williams. She will be notified as part of the notification process. The Williams property also has about 300’ of frontage on Highway 10 and will most likely have a Highway 10 or Cantrell Road street address. Highland Drive was chosen to reflect the fact that the new street rises from Highway 10 to the higher elevations of Lot 5; where the new Highland Pointe multifamily development is under construction. There is a new developing area with no occupants currently in place along the new street’s frontage. The timing is therefore right to make the change. 6. STAFF RECOMMENDATION: Staff recommends approval of the requested street name change. PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved by a vote of 7 ayes, 0 noes and 4 absent.