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pc_12 16 2004 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD DECEMBER 16, 2004 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Pam Adcock Gary Langlais Mizan Rahman Darrin Williams Bill Rector Robert Stebbins Jerry Meyer Chauncey Taylor Members Absent: Bob Lowry Norm Floyd Fred Allen, Jr. City Attorney: Cindy Dawson III. Approval of the Minutes of the October 21, 2004 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING DECEMBER 16, 2004 4:00 P.M. I. DEFERRED ITEMS: A. Z-7620 Bubar Family Care Facility – Special Use Permit 3712 High Drive B. Z-7725 Black Community Developers Transitional Housing – Conditional Use Permit 4017 West 12th Street C. Z-7726 Victory Outreach Church Transitional Housing – Conditional Use Permit 3401 West 12th Street D. Z-7724 Mae-Mae’s Homecare Day Care Center – Conditional Use Permit 3500 Zion Street E. Z-7711 Little Rock Fire Department Station 16 – Conditional Use Permit 11000 Southridge Drive F. Ordinance Amending Section 36-556.(b) to add Kanis Road, Stagecoach Road and portions of Colonel Glenn Road and Financial Center/Chenal Parkway to the list of Scenic Corridors. G. Markham Bank Short-form PD-O (Z-7739), located on the North side of West Markham Street between Jackson and Monroe Streets. II. NEW ITEMS: 1. Z-7741 Whitemore Day Care Family Home – Special Use Permit 8500 Herrick Lane 2. Z-7760 Hampton Bed and Breakfast – Special Use Permit 1015 Barber Street 3. Z-7716-A Rezoning from I-2 to C-3 1615 Rebsamen Park Road 4. Z-7740 Rezoning from R-2 to C-3 10905 West Markham Street Agenda, Page Two II. NEW ITEMS: (Cont.) 5. Z-7748 Rezoning from C-3 to R-3 NW corner West 23rd and Cedar Streets 6. Z-7761 Rezoning from R-3 to R-5 4211 “A” Street 7. Z-6079-E Little Rock Christian Academy – Revised Conditional Use Permit 19010 Cantrell Road 8. Z-6274-A Jose’s Nite Club Latino, Inc. – Conditional Use Permit 9110 I-30 9. Z-6973-C Big Red Fina Car Wash – Conditional Use Permit SW corner David O Dodd and Colonel Glenn 10. Z-7627-A Woodlands Edge Subdivision Recreation Area – Conditional Use Permit Woodlands Trail and Mossy Creek Drive 11. Z-7758 Pinnacle Valley Sports Center – Conditional Use Permit 8700 Pinnacle Valley Road 12. Z-7759 Enterprise Rent-A-Car – Conditional Use Permit 9804 N. Rodney Parham Road 13. A-302 Diamond Annexation, North and West of Redleaf being 7.1± Acres in the 13,600 Block and 12± Acres in the 14,000 Block of Crystal Valley Road 14. Revision to Section 6 of Master Street Plan titled “Bicycle Plan” and revision to the “Map” in all parts for the City’s jurisdiction. 15. Revision to Section 7 of Master Street Plan titled “Authority Jurisdiction and Enforcement” concerning dedication and construction of bicycle paths or routes. December 16, 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. December 16, 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. December 16, 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. December 16, 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. December 16, 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. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. December 16, 2004 ITEM NO.: A (Cont.) FILE NO.: Z-7620 6 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. The application was deferred. December 16, 2004 ITEM NO.: B FILE NO.: Z-7725 NAME: Black Community Developers Transitional Housing – Conditional Use Permit LOCATION: 4017 West 12th Street OWNER/APPLICANT: Black Community Developers, Inc. PROPOSAL: A conditional use permit is requested to allow use of the existing duplex on this R-4 zoned lot as transitional housing for up to 12 women; 6 per unit. STAFF REPORT: The task force which is studying the issue of Transitional Housing has not yet completed its work. It is believed that a report will be coming from that group soon; including proposed ordinance changes. Staff believes this item needs to be deferred to the December 16, 2004 Agenda to allow that process to continue. STAFF RECOMMENDATION: Staff recommends that this item be deferred to the December 16, 2004 Agenda. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposing Ordinance changes, is not complete. This item needs to be deferred to the February 3, 2005 agenda to allow that process to continue. December 16, 2004 ITEM NO.: B (Cont.) FILE NO.: Z-7725 2 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: C FILE NO.: Z-7726 NAME: Victory Outreach Church Transitional Housing – Conditional Use Permit LOCATION: 3401 West 12th Street OWNER/APPLICANT: Victory Outreach Church/Deverick Green PROPOSAL: A conditional use permit is requested to allow use of the existing duplex on this R-4 zoned lot as a transitional housing facility for up to 11 men and an on-site manager. STAFF REPORT: The task force which is studying the issue of Transitional Housing has not yet completed its work. It is believed that a report will be coming from that group soon; including proposed ordinance changes. Staff believes this item needs to be deferred to the December 16, 2004 agenda to allow that process to continue. STAFF RECOMMENDATION: Staff recommends that this item be deferred to the December 16, 2004 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the application be deferred to the December 16, 2004 Agenda, in order for the Transitional Housing Task Force to complete its work. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF REPORT: The work of the Transitional Housing Task Force, including proposed ordinance changes, is not complete. This item needs to be deferral to the February 3, 2005 Agenda to allow that process to continue. December 16, 2004 ITEM NO.: C (Cont.) FILE NO.: Z-7726 2 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the February 3, 2005 Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: D FILE NO.: Z-7724 NAME: Mae-Mae’s Homecare Day Care Center – Conditional Use Permit LOCATION: 3500 Zion Street OWNER/APPLICANT: Mary Morrow PROPOSAL: A conditional use permit is requested to allow a day care center in the existing residence on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the southwest corner of Zion and West 35th Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a neighborhood that is almost exclusively single family in zoning and use. A church and a city park are located two blocks to the southeast. Otherwise, all properties in the area around this site appear to be single family. The proposed use is not a day care family home but a day care center with 24 hour per day operation. Staff does not believe this use is appropriate in this area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The day care center operates in three shifts with 16 children in each of the two daytime shifts and up to 6 overnight. There are 6 employees, 3 who live on-site and 3 off-site. The parking requirement for a day care center is one space per employee on the largest shift plus one space per facility vehicle plus one space per 10 children of licensed capacity. If half the employees work each shift, it appears 4 parking spaces are required; assuming there is no overlap in attendance. The site does have a paved parking – drop-off area on the 35th Street perimeter. The parking area does not appear to be sufficient for the use. The applicant states the employees who live off site live close enough to walk or are dropped off. December 16, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7724 2 4. SCREENING AND BUFFERS: The entire rear yard area, including the playground is enclosed by a 6 foot tall, wood privacy fence which is constructed in “good neighbor” fashion; with the finished side facing out. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. 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 bus route is located one block to the south, on West 36th Street. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004) The applicant was present. Staff presented the item and informed the applicant that additional information was needed including: a copy of the bill of assurance; hours of the “shifts”; number of employees living on-site and off-site; signage; site lighting and a copy of the day care’s current DHS license. Staff informed the Committee that the day care was a 24-hour per day operation, with two shifts plus overnight care. Staff asked the applicant of the fenced property adjacent to the west was used for the day care since the fencing was similar and there was playground equipment in the area. Ms. Morrow stated the adjacent property was not used in any way for the day care operation. Staff noted the existing parking design did not comply with code standards since it appeared that vehicles backed into the street. Gary Langlais asked Ms. Morrow what the neighbors felt about the business. She responded that no one seemed to have December 16, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7724 3 any problems. Staff asked Ms. Morrow if this was her only residence; if she lived anywhere else, any other day of the week. Ms. Morrow responded that this was her sole residence. Ms. Morrow stated she had kept children at her home for 17 years but until 6 years ago had not kept more than 5 children. The applicant was advised to respond to staff issues by October 6, 2004. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 3500 Zion Street is occupied by a one-story, 2,300 square foot, frame, single family residence. The occupant of the home has kept children at the site for 17 years, in some capacity. Six years ago, she received a license from the State as a day care family home and began keeping up to 16 children. Prior to that, she did not keep more than 5 children. During staff’s recent review of state licensed day cares, this business was found not to have received a C.U.P. An enforcement notice was issued and the owner subsequently applied for this C.U.P. The day care center operates in three shifts. 16 children are kept from 7:00 a.m. to 3:00 p.m.; 16 from 3:30 p.m. to 7:30 p.m.; and 2 to 6 from 8:00 p.m. to 6:30 a.m. The business has 6 employees; 3 who live in the home. A paved parking/drop-off area is located on the north side of the house. The applicant states parents pull off of 35th Street and park parallel to the house so that they do not back into the street. Staff does not believe the parking area complies with ordinance standards. The rear yard area, including the playground, is enclosed by a 6 foot tall, wood, privacy fence. Lighting consists of porch lights and one night watcher in the yard. The applicant has stated this is her sole residence. The John Barrow bill of assurance does not address use issues. The applicant owns the lots adjacent to the west which are also enclosed by a privacy fence. Staff observed playground equipment in this area, but the applicant stated that area is not used for the day care. Staff does not support the proposed day care center at this location. The property is located within a neighborhood which is almost entirely single family in use. The property is not on the edge or fringe of a neighborhood where it might be more appropriate to have this level of nonresidential use. The operation is 24 hours per day in nature with 2 shifts of 16 children each and a third shift of up to 6 children. The business has 6 employees, 3 of whom live off-site. The applicant has stated she wishes to erect a small (1.5’ X 2.5’) sign which further adds to the nonresidential nature of the use. Staff believes this use is too intense and is inappropriate for this site. December 16, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7724 4 STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the December 16, 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 December 16, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no registered objectors present. One person was registered in support. Staff presented the item and a recommendation of denial. Dana Carney, of the Planning Staff, spoke of the history and code requirements of day care family homes and day care centers. The applicant, Mary Morrow, spoke in support of her application. She stated she had three shifts. Ms. Morrow stated she currently had 4 employees and a total of 11, 16 and 5 children on the three respective shifts. She stated there were no objections from her neighbors. She stated she spent $30,000 remodeling her house to comply with DHS requirements for the day care. Doris Wright, president of the John Barrow Neighborhood Association, spoke in support of the application. She stated Ms. Morrow had appeared at the Association’s October 2003 meeting. Ms. Wright stated the persons present were in support of the day care but no formal vote was taken. She stated the day care was unobtrusive and not a distraction. Chairman Rahman asked Ms. Morrow if she could reduce the number of children, employees and hours of operation. December 16, 2004 ITEM NO.: D (Cont.) FILE NO.: Z-7724 5 Commissioner Meyer asked Ms. Morrow what DHS had required that cost $30,000. Ms. Morrow responded that they required separate restrooms, new sinks and tile and other improvements. Commissioner Adcock commented that it sounded like the requirements for a commercial day care business. Commissioner Rector asked staff what additional conditions were proposed. Mr. Carney responded that the application was as presented by the applicant, with no additional conditions proposed by staff since staff was recommending denial. Chairman Rahman again asked the applicant to consider what changes could be made. Commissioner Rector told Ms. Morrow that hers was a commercial business, as viewed by the Planning Commission. He stated DHS had issued a license that they should not have issued. He stated there was a problem with setting a negative precedent, if the Commission were to approve her application. Deputy City Attorney Cindy Dawson suggested the applicant consider a deferral to think through the issues raised by staff and the Commission. Doris Wright, asked what the Commission would find acceptable. Chairman Rahman responded that Ms. Morrow should consider reducing the number of employees, number of children and hours of operation. Staff was asked if they would support a day care family home at this location. Dana Carney responded that staff would review any amended application. He noted that staff typically was supportive of day care family homes. Commissioner Rector suggested a 6-week deferral. Ms. Morrow agreed. A motion was made to defer the item to the February 3, 2005 Agenda. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: E 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. 1. SITE LOCATION: The property is located at the corner of Cantrell Road and Southridge Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The fire station is located in an area of mixed office and commercial uses. The proposed expansion is to take place within the existing property of the fire station. The expansion and additional parking will not affect the fire station’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Walton Heights – Candlewood Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has 7 parking spaces with access off of Southridge Drive. One of those spaces will be lost as a consequence of the building expansion. A new, 6-space parking lot is proposed north of the building. The new engine room will accommodate 2 pumper trucks. The proposed new parking lot has been relocated to provide the required landscape area. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. December 16, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7711 2 5. PUBLIC WORKS COMMENTS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan for Cantrell Road. No sidewalk required on Southridge. 2. All driveways shall be concrete aprons per City Ordinance. The apron radius should be increased to 10-foot minimum. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Fire Department: Plans are not correct. Contact Captain Davenport at 918-3753. (Plans have been corrected and resubmitted.) County Planning: No Comments. CATA: The site is located along the Highway 10 Express Route; not any other CATA bus route. SUBDIVISION COMMITTEE COMMENT: (AUGUST 19, 2004) Jessie Trigleth, with the City of Little Rock, and Wallie Sprick, with WD & D Architects, were present. Staff presented the item and noted the proposed parking lot needed to be redesigned to comply with landscape requirements. Staff asked for details of any proposed and existing signage, fencing and site lighting. Public Works and Landscape Comments were discussed. Staff noted the Fire Department Comment that the plans were incorrect. Messrs. Trigleth and Sprick stated they would meet with the Fire Department to resolve any questions and respond to staff. It was noted that any substantial changes to the plan would require deferral of the application. December 16, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7711 3 The Committee directed the applicants to respond to staff issues by August 25, 2004. The item was forwarded to the full Commission. 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. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff informed the Commission that the applicant requested the application be deferred to the December 16, 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 December 16, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. STAFF ANALYSIS: The R-2 zoned property located at 11000 Southridge Drive is occupied by a Little Rock Fire Department station. The site consists of a 7 space parking lot and a single story, 3,120 square foot building. The building is residential in appearance. The building is divided roughly in half with the eastern half containing living quarters and the western half containing parking for two fire trucks. As a result of the 2003 Capital Bond approval, funds are available to improve the station. The proposal is to remodel the building; including removing the western half of the structure and replacing it with a new engine bay that is slightly deeper and taller. The new engine bay will then be able to accommodate new, larger pumper trucks. Additionally, a new, 6 space parking lot will be constructed on the site. The Fire Department and City Building Services have approved the proposed plan. December 16, 2004 ITEM NO.: E (Cont.) FILE NO.: Z-7711 4 Staff is supportive of the proposed C.U.P. The station has been a component of this neighborhood for many years. Under this proposal, the site is not being expanded. Although the new engine room is larger and taller than the existing engine room, efforts are being made to maintain the building’s residential character. The new addition will have a brick façade and a pitched, asphalt- shingled roof to match the existing building. The proposed new parking lot has been relocated to provide the required perimeter landscaping. The addition will not exceed 25 feet at ridge height. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the staff comments and conditions in Sections 4, 5 and 6 of the Staff Report. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no registered objectors present. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions in Sections 4, 5 and 6 of the Staff Report. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 7 ayes, 0 noes, 3 absent and 1 recusal (Langlais). December 16, 2004 ITEM NO.: F SUBJECT: Proposed Amendment to Section 36-556.(b) of Chapter 36 of the Code of Ordinances to add Kanis Road, Stagecoach Road and portions of Colonel Glenn Road and Financial Center/Chenal Parkway 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. December 16, 2004 ITEM NO.: F (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. December 16, 2004 ITEM NO.: F (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 December 16, 2004 ITEM NO.: F (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’) December 16, 2004 ITEM NO.: F (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. December 16, 2004 ITEM NO.: F (Cont.) 6 STAFF UPDATE: On September 14, 2004, the Board of Directors passed Resolution No. 11824 establishing a one hundred twenty (120) day moratorium on the issuance of billboard permits along the specific streets which are under consideration for inclusion in the list of designated scenic corridors. On October 7, 2004, the scenic corridor proposal was presented at the meeting of the City Beautiful Commission. Staff presented the proposal to add the four (4) new scenic corridors and answered questions from the Commission. Thomas Gibbens, of Lamar Outdoor Advertising, presented a proposal to place a limited number of billboards in specific sites along the proposed new scenic corridors and the existing scenic corridors. Staff voiced concern about the concept of segmenting the scenic corridors. Pete Rausch, the City’s Urban Forester, also voiced those same concerns. Nancy Clark, of the League of Women voters, stated the League had supported the scenic corridor concept for 25 years and supported the addition of the proposed new scenic corridors. Troy Laha, CBC member, presented a resolution stating the CBC favored the segmentation proposal for the proposed new scenic corridors. The motion failed by a vote of 3 ayes and 4 noes. Mr. Laha also presented a resolution stating the CBC found the moratorium to be inappropriate and the Commission supported continued dialogue between the City and the billboard industry. That motion also failed by a vote of 3 ayes and 4 noes. Staff informed the Commission that there would be a meeting with representatives of the billboard industry on October 13, 2004. The CBC was asked to provide comment on the proposed Ordinance Amendment by that date or, if that was not possible, by the October 21, 2004 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 21, 2004) Staff recommended to the Commission that the proposed ordinance amendment be deferred to the December 16, 2004 Agenda. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to December 16, 2004 ITEM NO.: F (Cont.) 7 that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The proposed ordinance amendment was deferred. STAFF UPDATE: Staff met with representatives of the billboard industry on October 27, 2004 where a revised segmentation plan was discussed. The revised segmentation plan submitted by the billboard industry is as follows: Area #1 Beginning 300’ south of Chenal Parkway to the intersection of Pride Valley Road. (Kanis Road) Area #2 From the beginning of Chenal Parkway to the intersection of Markham Street. In addition, 660’ both north and south from the Chenal Parkway intersect along Bowman Road. (Chenal Parkway) *NOTE: Three outdoor bus bench ads have recently been placed along Financial Center and Chenal Parkway. Area #3 1000’ both east and west from the Kanis Road and Bowman Road intersection. In addition, 660’ both north and south along Bowman. (Kanis Road and Bowman Road) Area #4 From the beginning of Kanis to 100’ west of Leander Street. (Kanis Road) Area #5 Beginning on Colonel Glenn Road 660’ west of I-430 to the intersection of Lawson Road. In addition, 660’ north and south along Bowman Road and David O Dodd Road. (Colonel Glenn and Bowman Road) Area #6 Beginning on Colonel Glenn Road 660’ east of I-430 running eastbound 1000’ east of Shackleford. (Colonel Glenn Road) Lamar shall place nine of its remaining eighteen permits in the six proposed Segments. *NOTE: Lamar proposes any sign placed upon Chenal shall not exceed dimensions of 10’6” x 22’8” and shall not exceed a height of more than fifteen feet and shall be ground-mounted. (Monument style) December 16, 2004 ITEM NO.: F (Cont.) 8 Under the segmentation plan, the proposal to add to the scenic corridors would go forward as proposed by staff. Billboards would be permitted in the specifically designated segments. The segmentation plan is for only the newly designated scenic corridors. No changes are proposed to the existing scenic corridors. Staff will support some aspects of the segmentation proposal. Staff’s response to each proposed segment is as follows: Area #1 Along Kanis Road, beginning 660 feet south of Chenal Parkway to Pride Valley Road. Signs in this area must not exceed 10’6” by 22’8” in area, must not exceed a height of 15’ and must be constructed in monument style, not pole-mounted. Area #2 Staff does not support this segment. Area #3 Along Kanis Road, 1,000 feet both east and west of Bowman Road; and along Bowman Road, both 660 feet north and south of Kanis Road. Area #4 Along Kanis Road, from Rodney Parham Road to 100 feet west of Leander Street. Area #5 Along Colonel Glenn Road, beginning 660 feet west of I-430 to Lawson Road; and along Bowman Road and David O Dodd Road, both 660 feet north and south of Colonel Glenn Road. Area #6 Along Colonel Glenn Road, beginning 660 feet east of I-430 to 1,000 feet east of Shackleford Road. Signs in this area must not exceed 10’6” by 22’8” in area, must not exceed a height of 15’ and must be constructed in monument style, not pole-mounted. Under either segmentation proposal, placement of the signs will comply with ordinance standards regarding setbacks, zoning, etc. The segmentation plan was presented and discussed at the November 4, 2004 meeting of the City Beautiful Commission. After the discussion, two motions were made. The first motion was to support the 660 foot setback from scenic corridors. That motion was approved by a vote of 6 ayes, 0 noes, 2 absent and 1 abstaining (Hicks). The second motion was to approve reducing the setback from Chenal Parkway along Bowman Road from 660 feet to 300 feet. That motion failed by a vote of 2 ayes, 4 noes, 2 absent and 1 abstaining (Hicks). December 16, 2004 ITEM NO.: F (Cont.) 9 The segmentation plan was then presented and discussed at the November 10, 2004 meeting of the Planning Commission Plans Committee. The Committee member present stated he supported staff’s recommendation, with one exception. He stated he supported reducing the setback from Chenal Parkway along Bowman Road to 300 feet and requiring signs in that segment to be the monument style signs. STAFF RECOMMENDATION: Staff recommends that the following public rights-of-way be designated scenic corridors and added to the list of currently designated scenic corridors: • Chenal Parkway – Financial Center Parkway, from Shackleford Road to Kanis Road • Kanis Road, from Rodney Parham Road to the western boundary of the Planning Boundary • Stagecoach Road • Colonel Glenn Road, from Stagecoach Road to the western boundary of the Planning boundary Staff also recommends that the following segments be listed as exceptions to allow for placement of billboards: • Along Kanis Road, beginning 660 feet south of Chenal Parkway to Pride Valley Road. Billboards in this area must not exceed 10’6” X 22’8” in area, must not exceed a height of 15 feet and must be constructed in monument style, not pole-mounted. • Along Kanis Road, 1,000 feet both east and west of Bowman Road; and along Bowman Road, 660 feet both north and south of Kanis Road. • Along Kanis Road, from Rodney Parham to 100 feet west of Leander Street. • Along Colonel Glenn Road, beginning 660 feet west of I-430 to Lawson Road; and along Bowman Road and David O Dodd Road, 660 feet both north and south of Colonel Glenn Road. December 16, 2004 ITEM NO.: F (Cont.) 10 • Along Colonel Glenn Road, beginning 660 feet east of I-430 to 1,000 feet east of Shackleford Road. Billboards in this area must not exceed 10’6” x 22’8” in area, must not exceed a height of 15 feet and must be constructed in monument style, not pole-mounted. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) Dana Carney, of the Planning Staff, presented the proposed ordinance amendment and gave a brief synopsis of the review process that had involved staff, the billboard industry representatives, the Plans Committee, City Beautiful Commission and interested citizens. He recommended approval of the amendment as proposed by staff. Tom Gibbens, of Lamar Outdoor Advertising, stated his company’s goal was to put signs in the retail areas and to meet the needs of their clients. He stated creating more scenic corridors would push billboards into other areas. Mr. Gibbens stated the only remaining point of disagreement between his company and staff was over area 2. He stated his proposal to allow billboards on Bowman Road, north and south of Chenal Parkway, with a minimum setback from the Parkway of 300 feet, not the 660 feet proposed by staff. Mr. Gibbens presented maps outlining his proposal. In response to a question from the Chair, Mr. Gibbens stated he represented the only two companies who had sign permits available for billboards; Lamar and Cuerdon. Commissioner Williams asked how many billboards could be placed in area 2 under Mr. Gibben’s proposal. Mr. Gibbens responded that perhaps no more than one billboard could be placed in that area. He stated Lamar had agreed with Plans Committee member Norm Floyd’s suggestion that any billboard in area 2 be of a monument style. Bruce Bennett, a consultant and advisor to Lamar, stated it was best to spread the billboards around rather than to concentrate them in certain areas. Al Thomas, attorney for Lamar, showed a map of the proposed scenic corridors and contrasted that with the small area proposed under the segmenting plan. He stated Lamar had worked with staff and there was only the one area of disagreement. Mr. Thomas stated the 660-foot setback was intended to apply to interstates and should not be applied to surface streets. In response to a question from Commissioner Adcock, Mr. Thomas described a monument sign. He stated Lamar currently had no such signs in Little Rock. December 16, 2004 ITEM NO.: F (Cont.) 11 Carol Young, president of the League of Women Voters of Pulaski County, said the League strongly supported the scenic corridor concept and did not support any segmenting of the corridors. She spoke of the value of having scenic corridors. Ms. Young expressed concern that the billboard industry would return later with additional proposals for further segmenting of the corridors. Tony Bozynski, Director of Planning and Development, stated the review process had been long and he saw staff’s proposal as a good compromise. He stated Chenal Parkway had already been recognized by the City as being unique by the creation of the Chenal Overlay District and no segmenting of the proposed Chenal Scenic Corridor should be permitted. Commissioner Rector asked how you could get more commercial than the intersection of Bowman Road and Chenal Parkway. After further, brief discussion, a motion was made to approve the ordinance amendment as proposed by staff except for a modification to allow billboards on Bowman Road, both north and south of Chenal Parkway beginning 300 feet from the right-of-way of Chenal Parkway. The motion was seconded. Commissioner Stebbins stated he agreed that the Bowman-Chenal intersection was very commercialized but he did not see a good argument to make it more congested by allowing billboards. Commissioner Williams stated the billboards would go somewhere and they would be pushed into other areas. The vote on the motion was 3 ayes, 5 noes and 3 absent. The motion failed. A motion was then made to approve the ordinance amendment as proposed by staff. That motion was approved by a vote of 8 ayes, 0 noes and 3 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, except on properly zoned properties within the following specifically designated segments of the scenic corridors: (1) Along Kanis Road, beginning six hundred sixty (660) feet south of Chenal Parkway to Pride Valley Road. Billboards in this area must not exceed ten feet six inches by twenty-two feet eight inches (10’6” x 22’8”) in area, must not exceed a height of fifteen (15) feet and must 2 be constructed in monument style, not pole-mounted. (2) Along Kanis Road, one thousand (1000) feet both east and west of Bowman Road; and along Bowman Road, six hundred sixty (660) feet both north and south of Kanis Road. (3) Along Kanis Road, from Rodney Parham Road to one hundred (100) feet west of Leander Street. (4) Along Colonel Glenn Road, beginning six hundred sixty (660) feet west of I-430 to Lawson Road; and along Bowman Road and David O Dodd Road, six hundred sixty (660) feet both north and south of Colonel Glenn Road. (5) Along Colonel Glenn Road, beginning six hundred sixty (660) feet east of I-430 to one thousand (1000) feet east of Shackleford Road. Billboards in this area must not exceed ten feet six inches by twenty- two feet eight inches (10’6” X 22’8”) in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted. 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 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, Kanis Road, Chenal Parkway-Financial Center Parkway 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 December 16, 2004 ITEM NO.: G FILE NO.: Z-7739 NAME: Markham Bank Short-form PD-O LOCATION: Located on the North side of West Markham Street between Jackson and Monroe Streets DEVELOPER: HR Company c/o Tom Cole 900 South Shackleford Road, Suite 210 Little Rock, AR 72211 ENGINEER: Development Consultants, Inc. 2200 North Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 0.57 Acres NUMBER OF LOTS: 2 (1 Zoning Lot) FT. NEW STREET: 0 CURRENT ZONING: O-3, General Office District ALLOWED USES: Office General and Professional PROPOSED ZONING: POD PROPOSED USE: Branch Bank Facility VARIANCES/WAIVERS REQUESTED: A variance from ordinances to allow a reduction in the minimum driveway spacing criteria. A. PROPOSAL/REQUEST: The applicant is proposing the development of this 0.57 acre parcel as a branch bank facility with two drive through lanes and one ATM location. The applicant is requesting a waiver of the required driveway spacing criteria to allow two one- way drive openings for the property. The applicant has indicated this will allow one-way traffic flow to circulate around the building for drive-through teller and ATM services. The applicant has indicated this scenario is similar to many other small sites with drive-through services that have been allowed with separate one- way drives. The applicant states in his cover letter many such sites have more December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 2 intense traffic generation, such as the case of restaurants. The applicant’s cover letter states the site is unusable without the driveway waiver consideration. The applicant has indicated fifteen on-site parking spaces on the proposed site plan. The site plan also includes the placement of stacking sufficient to allow stacking for five to six automobiles. The applicant has indicated they do not anticipate the ATM use to be a substantial contributor to peak hour traffic flows. The applicant has indicated screening will be added to the northern perimeter of the site where abutting residentially zoned properties. The site plan includes the placement of a six foot wood fence. The applicant has also indicated a portion of the northern buffer will remain as undisturbed. The applicant has indicated the trash dumpster on the proposed site plan. The dumpster is located adjacent to the northern proposed parking area and screened per code. The applicant has indicated the drive through hours of operation will be from 7:30 am to 6:00 pm Monday through Friday and 9:00 am to 12:00 pm on Saturday. The applicant has indicated the lobby hours will be from 9:00 am to 5:30 pm Monday through Friday only. The applicant is also requesting O-3 uses as alternative uses for the site. The applicant has provided a copy of the Bill of Assurance dated April 15, 1941. The proposed request does not appear to be in conflict with the provided Bill of Assurance. B. EXISTING CONDITIONS: There are a variety of uses located in the area both residential and non-residential in character. The residential uses include both single-family and multi-family and the non-residential include both office and commercial uses. There are State and City owned facilities located to the south of the site including UAMS, the Arkansas Department of Health, War Memorial Park and the Zoo. West Markham Street is a four lane roadway with a center turn lane in this area. There are curb and gutters located adjacent to the site but due to previous paving in the area the curb has been greatly reduced. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from an area resident concerning the proposed use of the property. All residents who could be identified located within 300-feet of the site, the Hillcrest Residents December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 3 Neighborhood Association and all owners of property located within 200-feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. During peak hours, there will not be sufficient driveway area to allow three vehicles to queue up at each of the four drive through windows (12 vehicles total), and still allow walk-in customers to park and exit. Vehicles will block the through lanes of Markham waiting to enter. Contact Bill Henry Traffic Engineering at (501) 379-1816. 2. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Only a single driveway would be allowed for 36-feet of frontage. The width of driveway must not exceed 36-feet. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Sidewalks and ramps must meet current ADA standards. 4. Storm water detention will not apply to the proposed development. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading and drainage plans will need to be submitted and approved prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: Approved as submitted. Center-Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 3/4-inch is the largest meter size available off the existing water main. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 4 County Planning: No comment. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied for a Planned Office Development -POD for construction of a bank. The request does not require a change to the Land Use Plan. Master Street Plan: Markham Street, Fair Park Boulevard, and Van Buren Street are shown as Minor Arterials on the Master Street. The purpose of a Minor Arterial is to provide connections to and through an urban area. Markham Street may require dedication of right-of-way and may require street improvements. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use Goal category has multiple goals. One is to ”Create a different set of guidelines with which to govern the development of Hillcrest,” with one particular action statement relevant to the case: “More mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station.” The second is “Develop concepts for commercial corridors for parts of Markham Street,” consisting of one action statement: “Discontinue the current commercial structures that are not appropriate for Markham. Markham has become degraded by the development of a current pattern of suburban development leading to disagreements about appropriate design of structures, use, scale, image, and hours of operation.” Both of these development goals are relevant to this case because the neighborhood action plan discourages suburban strip development. The neighborhood action plan encourages development to be appropriate in scale and design to surrounding uses. In this case special attention should be spent on the building’s design, relationship to Markham Street and buildings, and accessibility. Landscape: Areas set aside for buffer and landscaping meet with ordinance requirements. A six-foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required where adjacent to residential properties to the north. December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 5 G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Robert Brown was present representing the request. Staff stated the site was currently zoned O-3, General Office District which would allow for a bank facility to be constructed. Staff stated the site plan included two driveway locations, which would require a variance from the minimum driveway spacing criteria. Staff stated the developer had elected to file a rezoning to POD to allow the development to be constructed as proposed including the driveway locations. Staff stated O-3, General Office District uses were being requested as alternative uses for the site. Public Works comments were addressed. Staff stated the grade of the drive was a critical issue. Staff also stated even though the site did not require detention, water could not be released on West Markham Street. Staff stated underground detention would be required. Staff stated in this area of West Markham Street there was a problem with icing in cold weather. Staff also noted the proposed drives did not meet the minimum spacing requirement. Mr. Brown stated the site was not developable with the proposed use and the placement of drives that met the current ordinance requirement. Landscaping comments were addressed. Staff stated the areas set aside for buffer and landscaping appeared to meet with ordinance requirements. Staff stated screening would be required where adjacent to residential properties. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated screening along the northern perimeter of the site adjacent to the residentially zoned properties. The applicant has indicated a six foot wood fence will be placed in this area and a large area of existing vegetation will be maintained to add additional screening. The applicant has indicated the drive through hours of operation will be from 7:30 am to 6:00 pm Monday through Friday and 9:00 am to 12:00 pm on Saturday. The applicant has indicated the lobby hours will be from 9:00 am to 5:30 pm Monday through Friday only. The applicant is also requesting O-3 uses as alternative uses for the site. December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 6 The applicant has indicated the trash dumpster on the proposed site plan. The dumpster is located adjacent to the northern proposed parking area adjacent to residentially zoned properties. The site plan also includes a note concerning the required screening stating screening will be placed per code or a minimum of two feet above the finished container height. Staff is not supportive of the dumpster placement. Staff feels the placement of the dumpster adjacent to the residential properties will have a negative impact with regard to servicing the dumpster. The applicant has indicated they will work with staff concerning the grade of the drive and the detention. Although detention is typically not required on sites less than one acre there is a clause in the ordinance, which allows for detention where there is concern with downstream flooding or safety concerns. Staff will work with the applicant to resolve this issue prior to a building permit being issued if the development is approved. The applicant is requesting a waiver of the required driveway spacing criteria to allow two one-way drive openings on the property. The applicant has indicated this will allow one-way traffic flow to circulate around the building for drive- through teller and ATM services. The applicant has also indicated fifteen on-site parking spaces on the proposed site plan. The site plan includes the placement of stacking for five to six automobiles resulting in 21 parking spaces. The ordinance typically requires drive through facilities to provide not less than three holding or stacking spaces for each window. The site plan includes the placement of three drive-through facilities which would typically require nine holding spaces. Although the applicant has indicated they do not anticipate the ATM use to be a substantial contributor to peak hour traffic flows, the ordinance typically does not distinguish between peak and non-peak usage. Based on the applicant’s design, when cars are stacked for the drive-through lanes, the lobby parking will be rendered unusable due to customers being unable to enter the spaces or exit the spaces upon completion of their transaction. This creates a safety concern and the possibility of cars trying to exit the site against the flow of traffic. Staff feels the site is being overbuilt and the proposed development should be redesigned to allow for sufficient stacking and/or adequate parking to serve the site. Staff is not supportive of the proposed development. Staff recommends denial of the proposed request as filed. I. STAFF RECOMMENDATION: Staff recommends denial of the request. December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 7 PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) Mr. Robert Brown was present representing the request. There were no registered objectors present. The Chair stated there were currently eight Commissioners present. The Chair stated in the past when there were only eight Commissioners present the applicant was offered a deferral. Mr. Brown stated his client would like to defer his request to the December 16, 2004 public hearing. A motion was made to approve the deferral request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant submitted a revised plan to staff addressing some of the issues and concerns raised by staff in their previous recommendation. The applicant has worked with Public Works to minimize their concerns of stacking on the site. The applicant has also removed one of drive through lanes leaving two drives through facilities and one ATM location. The applicant has increased the driveway widths to ten feet to allow for sufficient stacking on the site. The applicant has also indicated the inside turn radius of 15-feet and an outside turn radius of 24-feet. The indicated turn radius is sufficient to allow for the maneuvering of the largest standard size vehicle. Staff is supportive of the proposed drives and turning radius. The site plan also includes an escape lane to allow customers entering the site and not wishing to utilize the drive through facilities an option for exiting the site. Staff feels with this arrangement the utilization of two driveways will have limited impact on traffic flow in the area. Staff is supportive of this the requested variance to allow for reduced driveway spacing on the site. The proposed site plan indicates a reduced landscape strip along the eastern and western perimeters for a portion of the proposed driveway. Since the site is such a small site and staff felt it important to allow for sufficient turning movement staff feels the proposed landscaping is sufficient. The applicant has indicated islands on the proposed site plan, which would not typically be required with the limited number of parking spaces. The applicant has also increased the proposed landscaping/buffering along the northern perimeter to protect the adjoining residential properties. The applicant has provided additional building landscaping as well. With all the additional landscaping the site now has an increased landscape area of 839 square feet over the minimum landscaping typically required. The applicant will however be required to seek approval from the City Beautiful Commission for a reduced landscape strip prior to being forwarded to the Board of Directors for final action. Staff is supportive of the proposed development. Previously staff raised concerns with the over development of the site but with the proposed revisions this concern has been December 16, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7739 8 negated. The applicant has removed the proposed dumpster from the site plan, decreased the number of teller lanes, increased the proposed driveway widths and turning radius and increased landscaping where adjacent to residential uses. The indicated three feet landscape strip is adjacent to non-residential uses and the proposed strip is similar to the landscaping provided by the adjoining properties. Staff does not feel the reduced landscaping strip adjacent to a commercial and office use will have a negative impact on the overall area. Staff recommends approval of the proposed revised site plan subject to compliance with the conditions outlined in paragraphs D, E and F and the above report where applicable. Staff recommends approval of the requested variance from the driveway spacing criteria. Staff recommends approval of the request to allow a reduced landscape strip of three feet along the eastern and western perimeters of the proposed driveway. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) Mr. Robert Brown of DCI, Inc. was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a revised plan addressing their concerns, which lead to the previous recommendation of denial. Staff stated they were now supportive of the proposed request and of the applicant’s request for a reduced landscape strip along the eastern and western perimeters of the indicated driveway. Staff noted the applicant would be required to seek approval from the City Beautiful Commission as well prior to being forwarded to the Board of Directors for final action. There was no further discussion of the item. The Chair entertained a motion to place the item for inclusion on the Consent Agenda for Approval. A motion was made to this effect. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. December 16, 2004 ITEM NO.: 1 FILE NO.: Z-7741 Name: Whitmore Day Care Family Home – Special Use Permit Location: 8500 Herrick Lane Owner: Pat Stalter Applicant: Carolyn Whitmore 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 8500 Herrick 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 SWLR United for Progress and Town and Country Neighborhood Associations were notified of the public hearing. B. Staff Analysis: 8500 Herrick Lane is located on the north side of Herrick Lane, north of Baseline Road. All surrounding properties are zoned R-2. Single Family residences are located to the south, east and west. Undeveloped property is located to the north. The applicant’s home is a one-story brick and frame structure, and is typical of those in this neighborhood. The rear yard is fenced and should provide a safe play area. The applicant proposes to operate the day care family home 24 hours a day, seven (7) days per week. The applicant has noted that there will be two (2) full-time employees and one (1) part-time nurse. The applicant, Carolyn Whitmore, will not live on the site. One (1) of the full-time employees will live in the residence. There are two (2) concrete drives from Herrick Lane, with parking for 6 to 7 vehicles. On inspection of the site, staff observed no vehicles parked on unpaved area. The driveways should allow sufficient space for drop-off and pick-up of children. Staff observed no vehicles on the site which were not operational. December 16, 2004 ITEM NO.: 1 (Cont.) FILE NO.: Z-7741 2 The applicant notes that she has been licensed by the State Department of Human Services since February 2004. The applicant is licensed to care for up to five (5) 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 1963 and appears to still be in effect. The Bill of Assurance contains the following language: “1. 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 single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars).” Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a. This use may be located only in a single family home, occupied by the care giver 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. December 16, 2004 ITEM NO.: 1 (Cont.) FILE NO.: Z-7741 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. The applicant is requesting two (2) variances with the proposed day care family home. The first variance is from Section 36-54(e)(3)a. of the above listed site and location criteria. As noted previously, the applicant and proposed licensed care giver does not live at 8500 Herrick Lane. The second variance is from Section 36-54(e)(3)f of the site and location criteria. The property at 8500 Herrick Lane is located less than 300 feet (as measured from property line to property line) from a licensed day care family home at 8605 Herrick Lane. Adrian and Faye Hunter at 8605 Herrick Lane were recently issued a Special Use Permit by the Planning Commission. Staff does not support the requested Special Use Permit to allow a day care family home at 8500 Herrick Lane. Staff has several concerns related to this request. Staff feels that the requested variances violate the spirit and intent of the newly established ordinance criteria for day care family homes. The proposed location is approximately 180 feet from the Hunter’s day care family home at 8605 Herrick Lane. Additionally, staff is December 16, 2004 ITEM NO.: 1 (Cont.) FILE NO.: Z-7741 4 very concerned about the proposed 24-hour operation. Staff feels that a 24-hour operation, with multiple employees violates the City Ordinance’s intent in locating this type of home day care use in single family neighborhoods. Staff feels that the proposed day care use will not be compatible with surrounding residences. C. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Natalie Hughes was present, representing the application. Staff briefly described the proposed day care family home use. In response to a question from the Committee, Ms. Hughes explained that there will be two (2) employees the first two (2) shifts, with one (1) employee the 11:00 p.m. – 7:00 a.m. shift. She noted that the State has licensed the day care use for five (5) children at 8500 Herrick Lane for approximately six (6) months. There was a brief discussion related to the number of children and the proposed hours of operation. The Committee asked if the neighbors had been talked to regarding the proposed day care use. Ms. Hughes indicated that they had not, but the required notices to property owners would be mailed. Staff noted that variances would be requested from the 300 foot separation requirement and the requirement for the licensed care giver to live in the day care family home. The variances were briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. D. Staff Recommendation: Staff recommends denial of the requested Special Use Permit. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant requested to defer the application to the February 3, 2004 Agenda, based on the fact that the number of commissioners present dropped to seven (7) during the course of the meeting. The Commission offered the deferral to all applicants. A motion was made to defer the application to the February 3, 2004 Agenda. The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application was deferred. December 16, 2004 ITEM NO.: 2 FILE NO.: Z-7760 Name: Hampton Bed and Breakfast – Special Use Permit Location: 1015 Barber Street Owner: Dr. Reginald J. Hampton and Regina Hampton Applicant: Dr. Reginald J. Hampton Proposal: A Special Use Permit is requested to allow a Bed and Breakfast to be operated in the single family residence located on the R-4 zoned property at 1015 Barber 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 Hanger Hill and MacArthur Park Neighborhood Associations were notified of the public hearing. B. Public Works Comments: 1. Alley surface is in poor condition and should be overlaid for commercial use. C. Landscape and Buffer Comments: The plan submitted does not allow for the minimum 6-foot 9-inch wide land use and landscape perimeter strip south of the proposed handicap space. This takes into account the reduction allowed within the designated mature area of the City. A six (6) foot high opaque screen is required along the northern and southern perimeters of this property. This screen may be a wooden fence with its face side directed outward, a wall, or dense evergreen plantings. D. Staff Analysis: 1015 Barber Street is located on the east side of Barber Street, east of the Interstate 30 right-of-way. All surrounding properties are zoned R-4 and contain single family structures or vacant lots. December 16, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-7760 2 The applicant’s home is a one-story frame structure, and is typical of those in the general area. There is an alley along the east property line which is partially paved and partially gravel. The applicant is in the process of remodeling the residential structure for use as a Bed and Breakfast. The applicant is proposing a bed and breakfast with five (5) guest rooms and occupancy for one (1) of the property owners (Regina Hampton). A small parking area for four (4) vehicles will be constructed in the rear yard, with access from the existing alley. The applicant has noted that the alley will be paved as required by Public Works. One (1) handicap parking space will be constructed, along with handicap access, at the southwest corner of the residence. The applicant has also noted that landscaping and screening will be provided as required by City Ordinance. Additionally, the applicant is proposing a ground-mounted sign near the northwest corner of the property. The sign is proposed to have a height of six (6) feet and an area of six (6) square feet (2 feet by 3 feet). The applicant submitted a copy of a handwritten Bill of Assurance for this neighborhood. The Bill of Assurance was recorded in 1894 and appears to address no use issues. The Zoning Ordinance definition of a Bed and Breakfast reads as follows: “Bed and breakfast house means an owner occupied single- family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single-family and R-4 two-family districts.” The site and location criteria for bed and breakfast hotels as found in Section 36-54(e)(1) of the Zoning Ordinance is as follows: a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. b. The owner must provide one (1) paved-off street parking space per guest room and one (1) additional for the residence use. c. Allowable signage is that permitted by the single-family residential standard. d. No receptions, private parties or tours for a fee are allowed. The applicant is requesting two (2) variances with the proposed bed and breakfast use. As noted in the above Section 36-54(e)(1)b., six (6) December 16, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-7760 3 parking spaces will be required for the proposed use. The applicant will provide five (5) off-street parking spaces. The applicant has noted that the property owner who will reside on the property will park on Barber Street, as on-street parking is allowed in this area. The applicant is also requesting a variance from Section 36-551(a)(2) which allows one (1) freestanding ground-mounted sign per single family lot, not to exceed six (6) feet in height and one (1) square foot in area. As noted previously, the applicant is requesting a ground-mounted sign with an area of six (6) square feet (2 feet by 3 feet). The sign will not exceed six (6) feet in height, and will be located at least five (5) feet back from the front and side property lines. 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 bed and breakfast at this location will have no adverse impact on the general area. Staff supports the two (2) variances as requested, as they are very minor in nature and should not adversely effect the operation of the bed and breakfast use. Staff feels that the proposed bed and breakfast will represent a quality redevelopment of this single family lot near the Presidential Library and Heifer International facilities, and may encourage other similar developments in the general area. E. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Dr. and Mrs. R. J. Hampton and Donnie Rayford, Sr. were present, representing the application. In response to a question from staff, Dr. Hampton noted that the bed and breakfast would contain five (5) quest rooms and a residence for one (1) of the property owners. The alley access was briefly discussed. The applicants noted that the alley would be paved. A variance to allow one (1) fewer off-street parking space was briefly discussed. Staff noted on-street parking was allowed on Barber Street. Signage was briefly discussed. The applicants noted that a slightly larger sign than allowed by ordinance would be requested. Staff noted that a variance would be needed for the sign. The landscape and buffer requirements were briefly discussed. The applicants noted that all landscape and buffer requirements would be complied with. The applicants noted that a wood fence would be December 16, 2004 ITEM NO.: 2 (Cont.) FILE NO.: Z-7760 4 constructed along the north property line and that evergreen screening would be provided along the south perimeter. The applicants also noted that the handicap parking space would be adjusted to provide the required buffer. After the discussion, the Committee forwarded the application to the full Commission for final action. F. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a bed and breakfast at 1015 Barber Street, subject to the following conditions: 1. Compliance with the site and location criteria as noted in Section 36-54(e)(1) of the City’s Zoning Ordinance. 2. Compliance with the Public Works requirements as noted in paragraph B. of the staff report. 3. Compliance with the Landscape and Buffer requirements as noted in paragraph C. of the staff report. 4. Compliance with the Ordinance definition of a “bed and breakfast house”. 5. Staff recommends approval of the variance to allow one (1) fewer off- street parking space than required by ordinance. 6. Staff recommends approval of the variance to allow a ground-mounted sign with a maximum area of six (6) square feet. PLANNING COMMISSION ACTION: (DECEMBER 16, 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 8 ayes, 0 nays and 3 absent. The application was approved. December 16, 2004 ITEM NO.: 3 FILE NO.: Z-7716-A Owner: Edward and Laurie David Applicant: Edward David Location: 1615 Rebsamen Park Road Area: 0.214 Acre Request: Rezone from I-2 to C-3 Purpose: Restaurant/Banquet facility Existing Use: Vacant commercial/restaurant building SURROUNDING LAND USE AND ZONING North – Two restaurants; zoned C-3 and PCD South – Vacant restaurant building and mixed commercial uses; zoned I-2 East – Mixed Office/Warehouse uses (across railroad right-of-way); zoned I-2 and C-3 West – Mixed Commercial uses (across Rebsamen Park Road); zoned C-3 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. The three parking spaces fronting on Rebsamen Park Road are partially within the public right-of-way. In addition, these spaces back out into the traffic lanes creating a hazard. These spaces should be eliminated by constructing curb, gutter and sidewalk across the property frontage to match improvements to the east. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #21 (University Route) runs along Cedar Hill Road to the south. December 16, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7716-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 Hillcrest Residents Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a zoning change from I-2 Light Industrial District to C-3 General Commercial District for a proposed restaurant. The request does not require a change to the Land Use Plan. Master Street Plan: Rebsamen Park Road is shown as a Collector on the Master Street Plan and may require dedication of right-of-way and street improvements. A Collector street’s primary purpose is to link Local Streets and activity centers to Arterials. A Class I bikeway is shown on Rebsamen Park Road from Riverfront Drive to Lilac Terrace. A Class III bikeway is shown from Lilac Terrace to Old Cantrell Road and a Class II bikeway is shown from Old Cantrell Road to Cedar Hill Road. Entrances and exits to this development should be clearly defined and kept minimal to limit potential conflict between multiple transportation modes. 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: Edward David, owner of the 0.214 Acre property at 1615 Rebsamen Park Road, is requesting to rezone the property from “I-2” Light Industrial to “C-3” General Commercial District. The rezoning is proposed in order to make an addition to the existing commercial building and use it as a restaurant/banquet facility. The existing building, which is currently vacant, has a past history of use as a restaurant. December 16, 2004 ITEM NO.: 3 (Cont.) FILE NO.: Z-7716-A 3 There is a vacant commercial building on the property, with a small parking area in the rear. The property slopes downward from Rebsamen Park Road. The property owner recently received a parking variance from the Board of Adjustment for this property and the restaurant property immediately to the north. The property owner holds a long-term lease on the off-site parking lot across Rebsamen Park Road to the west. The general area contains a mixture of uses. Restaurant uses are located north and south of the property, with mixed commercial uses further south. There is a mixture of commercial and multifamily uses to the west, across Rebsamen Park Road, with single family residences to the northwest. There are office/warehouse type uses to the east, across the railroad right-of-way. The City’s Future Land Use Plan designates this property as Commercial. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Staff feels the rezoning request is reasonable. The applicant’s proposed revitalized use of the property as a restaurant will be compatible with the general area. As noted in paragraph A. of this report, Public Works notes that the three (3) parking spaces on the west side of the building should be removed and replaced with curb, gutter, sidewalk and landscaping. The property owner eliminated head-in parking and made similar improvements on the restaurant property immediately to the north. Staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 16, 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 8 ayes, 0 nays and 3 absent. The application was approved. December 16, 2004 ITEM NO.: 4 FILE NO.: Z-7740 Owner: Malott Partnership/J.D. Malott, M.D. Applicant: Tracy Tisdale Location: 10905 W. Markham Street Area: 4.53 Acres Request: Rezone the north 2.42 Acres from R-2 to C-3 and the south 2.11 Acres from R-2 to OS. Purpose: Independent Living Retirement Center Existing Use: Vacant retirement center/nursing home SURROUNDING LAND USE AND ZONING North – Mixed Commercial uses (across W. Markham Street); zoned C-3 South – Floodway and single family residences; zoned R-2 East – Mixed Commercial uses (along W. Markham Street and Shackleford Road); zoned C-3 West – Mixed Commercial uses; zoned C-3 and R-2 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. West Markham 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 current right-of-way width on the survey. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 3. A Special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to any construction or re-development of the site. 4. Substandard driveway grades and locations must be corrected with any future construction or redevelopment of the site. December 16, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7740 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 5 (W. Markham Street 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 Birchwood and Beverly Hills Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a change from R-2 Single Family District to C-3 General Commercial District for an independent senior living center. The request does not require a change to the Land Use Plan. Master Street Plan: Markham Street is shown as a Minor Arterial on the Master Street Plan and Shackleford Road is shown as a Minor Arterial south of Markham Street and a Collector north of Markham Street. The purpose of a Minor Arterial is to provide connections to and through an urban area and the primary function of a Collector Street is to provide a connection from local streets to arterials. Markham Street may require dedication or right-of- way and may require street improvements. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham Street since it is a Minor Arterial. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Walnut Valley Neighborhood Action Plan. The Open Space and Recreation Goal states: “Retain open space and green areas throughout the neighborhoods with non-vehicular connections.” An action statement directly related to this goal is “Develop a trail system along Rock Creek connecting Birchwood Park with City owned parkland at the northwest corner of Bowman Road and Markham, where possible include other existing open ‘green area’ along Rock Creek.” Birchwood Park and Rock Creek are south of the December 16, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7740 3 property and should have a positive relationship to the existing park and the creek by not turning its back on it since the neighborhood envisions it as a part of a potential greenbelt trail system. E. STAFF ANALYSIS: Malott Partnership, owner of the 4.53 Acre property at 10905 W. Markham Street, is requesting to rezone the north 2.42 Acres from “R-2” Single Family District to “C-3” General Commercial District. The rezoning is proposed in order to rehabilitate the existing structure on the site for use as an independent living retirement center. The property currently contains a one-story brick, block and metal building which previously housed the West Markham Retirement Center. There is a paved parking area on the north side of the building, with two (2) access drives from W. Markham Street. The property slopes downward from front to back (north to south). The rear (south) 2.11 Acres of the property is undeveloped and located in the floodway. The general area contains a mixture of uses. Mixed commercial uses are located north, east and west of the property. The floodway for Rock Creek and the Birchwood Neighborhood are located to the south and southwest, with Mixed Office and Commercial uses further south along Financial Center Drive. The City’s Future Land Use Plan designates this property as Commercial. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Zoning the north 2.42 Acres of this property to C-3 will continue the pattern of commercial zoning along the south side of W. Markham Street. Additionally, it will allow the rehabilitation of this property for an independent living retirement center. The applicant has agreed to zone the south 2.11 Acres, which is located in the floodway, to “OS” Open Space and dedicate the property to the City. Also, as noted in paragraph A., Public Works requires that a 25 foot wide access easement be dedicated adjacent to this floodway boundary. Staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning for the north 2.42 Acres and OS zoning for the south 2.11 Acres subject to the area of floodway being dedicated to the City. December 16, 2004 ITEM NO.: 4 (Cont.) FILE NO.: Z-7740 4 PLANNING COMMISSION ACTION: (DECEMBER 16, 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 8 ayes, 0 nays and 3 absent. The application was approved. December 16, 2004 ITEM NO.: 5 FILE NO.: Z-7748 Owner: Homer Lee Doyle, Jr. Applicant: Homer Lee Doyle, Jr. Location: Northwest corner of West 23rd and Cedar Streets Area: Approximately 0.161 Acre Request: Rezone from C-3 to R-3 Purpose: Construction of a new single family residence Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-3 South – Single family residences (across West 23rd Street); zoned C-3 and R-3 East – Single family residences and two (2) commercial buildings (across Cedar Street); zoned C-3 and R-3 West – Single family residences; zoned C-3 and R-3 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #16 (UALR Route) runs along W. 20th Street 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 Stephens Area Faith, LOVE, Midway and Hope Neighborhood Associations were notified of the public hearing. December 16, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7748 2 D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a change from C-3 General Commercial District to R-3 Single Family District for construction of a new home. The request does not require a change to the Land Use Plan. Master Street Plan: Cedar Street is shown as a Collector on the Master Street Plan and is the southbound leg of the Pine/Cedar couplet. West 23rd Street is shown as a Local Street on the Master Street Plan. The primary function of a Collector Street is to provide a connection from local streets to arterials. These streets may require dedication of right-of-way and may require street improvements. City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Stephens Neighborhood Action Plan. The Housing goal listed one objective relevant to this case, “create a positive living environment for the residents and visitors of the Stephens Area.” An action statement supporting this goal is to “Enhance neighborhood beautification (trees, etc.).” Also, both the infrastructure and Neighborhood Revitalization goals mention, “repair existing sidewalks.” In order for this site’s development to be consistent with the Neighborhood Action Plan, attention must be made to incorporate adequate landscaping and repair existing sidewalks throughout the construction process. E. STAFF ANALYSIS: Homer Lee Doyle, Jr. owner of the 50 foot by 140 foot property at the northwest corner of West 23rd and Cedar Streets, is requesting to rezone the property from “C-3” General Commercial District to “R-3” Single Family District. The rezoning is proposed in order to construct a single family residence on the property. The lot is currently vacant and grass covered. The general area is primarily occupied by single family residences. There are two (2) commercial buildings to the east, at the northeast and southeast corners of West 23rd and Cedar Streets. There are also a few scattered duplex structures in the area. December 16, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7748 3 The City’s Future Land Use Plan designates this property as Mixed Use. The requested zoning change to R-3 for this one (1) lot does not require a change to the Land Use Plan. Staff is supportive of the requested down zoning of this property to R-3. Staff feels the rezoning request is reasonable. The construction of a new single family residence on this property should prove to be a good in-fill development for the area. Staff believes the proposed rezoning will have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-3 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. Staff informed the Commission that the applicant mailed the required notices to surrounding property owners two (2) days late. With a vote of 8 ayes, 0 nays and 3 absent, the Commission voted to waive their bylaws and accept the notification as completed by the applicant. 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 8 ayes, 0 nays and 3 absent. The application was approved. December 16, 2004 ITEM NO.: 6 FILE NO.: Z-7761 Owner: Peeples Investments, LLLP Applicant: RPPY Architects, Timothy Yelvington Location: 4211 “A” Street Area: Approximately 0.155 Acre Request: Rezone from R-3 to R-5 Purpose: Construction of a triplex residential structure Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Mixture of single family, two-family and multifamily structures (across “A” Street); zoned R-3, R-4 and R-5 South – Mixture of commercial uses (along the north side of West Markham Street); zoned C-3 East – Single family, two-family and triplex structures, and a parking lot; zoned R-3, R-4 and R-5 West – Single family residences; zoned R-3 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Alley frontage will also need to be overplayed with construction. 2. Provide a property survey showing all easements. Easements are required for all storm water drainage areas to the west. 3. A Sketch Grading and Drainage Plan will be required per Sec. 29-186(e). The new parking lot must be constructed in a manner that will provide drainage to a public storm drain. December 16, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7761 2 B. LANDSCAPE AND BUFFER COMMENTS: With Building Permit: Areas set aside for buffers and landscaping meet with ordinance requirements. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern and western perimeters of the site. C. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #5 (West Markham Route) runs along West Markham Street to the southwest and Route 8 (Rodney Parham Route) runs along Lee Avenue to the north. D. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Hillcrest and Capitol View – Stifft Station Neighborhood Associations were notified of the public hearing. E. LAND USE ELEMENT: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a zoning change from R-3 Single Family District to R-5 Urban Residence District for construction of a triplex. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. Master Street Plan: “A” Street is shown as a Local Street on the Master Street Plan as well as nearby Elm and Rose Streets. The primary function of a Local Street is to provide access to adjacent properties. “A” Street may require dedication of right-of-way and may require street improvements. December 16, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7761 3 City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal listed several objectives relevant to this case. The first goal of the Zoning and Land Use is to “Establish design guidelines for the Hillcrest area,” which consists of this objective, “Hold property owners accountable for the appearance and condition of their property,” and these action statements: “1. Identify repeat offenders. 2. Establish ordinances that will increase the penalties for non-compliance incrementally, so that for each successive violation, the penalty increases. 3. The City of Little Rock will take action at once against property owners whose property does not conform to code.” Another Zoning and Land Use goal is to “Create a different set of guidelines with which to govern the development of Hillcrest.” One objective relates to this case: “Residential goals should be used to direct and implement standards for residential streets,” with several action statements support this want: “Create specific policies for demolition of residential areas,” “Create specific policy for rental property/garage apartments,” and “Allow residential property to contain more than eight dwellings per development.” The Zoning and Land Use goals reflect on the neighborhood’s concerns of rental properties and how new construction is facilitated and designed. Throughout the design and construction process the neighborhood association should be actively involved in order to assure that neighborhood goals are being met. These goals and action statements are intended to let potential developers and individuals know that quality construction is desired, neighborhood discussion is encouraged, and higher density housing is allowable. F. STAFF ANALYSIS: Peeples Investments, LLLP, owner of the 0.155 acre lot at 4211 “A” Street, is requesting to rezone the property from “R-3” Single Family District to “R-5” Urban Residence District. The rezoning is proposed in order to construct a two-story triplex structure on the property. A small, 4-car parking area is proposed on the south side of the structure, accessed from the alley which runs along the south property line. The property is currently vacant. A single family structure was recently removed from the property. The property slopes downward from front to back (north to south). The general area contains a mixture of residential, office and commercial uses. There is a mixture of single family, two-family, triplex and December 16, 2004 ITEM NO.: 6 (Cont.) FILE NO.: Z-7761 4 multifamily structures to the north and east, within this block. Single family residences are located immediately to the west. A mixture of commercial and office uses are located to the south, along the north side of West Markham Street. The UAMS campus is located across West Markham Street to the south. The City’s Future Land Use Plan designates this property as Low Density Residential. The requested zoning change to R-5 for construction of a triplex structure does not require a change to the Land Use Plan. Staff is supportive of the requested R-5 zoning. Staff feels that the request is reasonable. As noted previously, this block between Rose and Elam Streets contains a mixture of residential uses, including an 8-unit apartment building. Staff feels that the proposed rezoning and construction of a triplex structure will be compatible with the neighborhood. With the new construction, drainage easements will be required as noted by Public Works in paragraph A. of this report. Additionally, the Wastewater Utility has noted that the existing sewer line running through this property must be relocated with the new construction. Staff believes the proposed rezoning will have no adverse impact on the general area. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-5 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 16, 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 8 ayes, 0 nays and 3 absent. The application was approved. December 16, 2004 ITEM NO.: 7 FILE NO.: Z-6079-E NAME: Little Rock Christian Academy – Conditional Use Permit LOCATION: 19010 Cantrell Road OWNER/APPLICANT: Little Rock Christian Academy/The Wilcox Group PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for revision of the phasing plan and an increase in student population and building square frontage for this existing private school. 1. SITE LOCATION: The school is located on the north side of Cantrell Road, between The Ranch and Chenal Parkway. 2. COMPATIBILITY WITH NEIGHBORHOOD: The campus is located in an area of mixed uses and zoning located along Cantrell Road. The properties to the east contain a variety of uses including residential, commercial and office. Undeveloped tracts are located directly to the west and north. The Cantrell/Chenal intersection is just west of the site. This intersection includes a mixture of uses, including the new Walmart Supercenter. A church and a scattering of single family residences are located to the south. The proposed revision should not affect the school’s continued compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Aberdeen, and DuQuesne Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: At total build-out, the school is to have 100 classrooms, housing 2,058 students. The break-down of classes by grades and the parking requirement is as follows: December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 2 GRADES # OF CLASSROOMS PARKING SPACES REQUIRED ELEMENTARY KINDERGARTEN 12 (200 Students) 20 1ST GRADE 7 7 2ND GRADE 7 7 3RD GRADE 7 7 4TH GRADE 7 7 5TH GRADE 7 7 6TH GRADE 7 7 MIDDLE SCHOOL AND HIGH SCHOOL 7TH GRADE 7 42 8TH GRADE 7 42 9TH GRADE 8 48 10TH GRADE 8 48 11TH GRADE 8 48 12TH GRADE 8 48 TOTAL NUMBER OF CLASSROOMS 100 338 The school is proposed to have 220 employees (faculty). One parking space is required for each teacher, employee and administrator. Combining the 220 required faculty spaces with the 338 required classroom/student spaces results in a total parking requirement of 558 on-site parking spaces. The site currently has 218 paved parking spaces and 50 spaces in a temporary, gravel parking area; a total of 268 spaces. Phase I of this revision includes the construction of a new driveway off of Cantrell Road, providing additional stacking space for drop-off/pick-up. Phase III includes the construction of additional drives and 333 more paved parking spaces. Phases VI completes the parking with 120 more spaces. The plan proposes a total of 693 paved parking spaces and over a mile of driveways to provide stacking space. A traffic signal is proposed to be installed in conjunction with the Phase I drive. December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 3 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances and the Highway 10 Design Overlay standards is required. Interior landscape islands must be at least 300 square feet in area to receive credit toward fulfilling landscape ordinance requirements. Unless otherwise provided for, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, eastern and western perimeters of the site. Landscaped areas are required to be irrigated. Prior to a building permit being issued, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 5. PUBLIC WORKS COMMENTS: 1. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 2. Given the increased number of students and current method of traffic control, a traffic signal should be provided to serve the development. Coordinate design of traffic signal with Traffic. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 4 engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Extension of the fire line and 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). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. County Planning: Western portion of site is outside of city limits. Development must comply with Pulaski County Planning standards or annex to City of Little Rock. CATA: The site is not located on a CATA bus route. The Highway 10 express route does pass in front of the site. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, fencing and building designs. Staff asked the applicant to correct the parking design and scale shown on the site plan and to add the Phase 6 parking to the phasing chart. Staff noted the requested variances and deferrals related to sidewalks and the interior drives and parking areas. Public Works Comments were noted. Staff voiced support for deferring the Cantrell Road sidewalk until Phase 5 or future development on adjacent properties. Staff stated a traffic signal was needed on Cantrell Road. The applicant’s engineer, Ernie Peters, stated he would coordinate the signal location with Public Works. He agreed that a signal was needed. Mr. Peters stated the school was in agreement to install the signal, if AHTD would allow it. Public Works staff stated they would advocate the signal to AHTD. Utility and Landscape Comments were noted. It was noted that the required screening on the perimeters would be dense evergreen plantings rather than a December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 5 wood fence. Staff responded that it was acceptable to do the screening in that manner. The applicant was advised to respond to staff issues by November 17, 2004. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Little Rock Christian Academy currently occupies a 50± acre tract of R-2 zoned property located at 19010 Cantrell Road. The west half of the site is in an “island”, outside of the city limits. On December 12, 1995, the Planning Commission approved the first conditional use permit to allow the school, then known as Walnut Valley Christian Academy, to build a new campus on a 20-acre site. The school was originally approved to have an enrollment of 1,040 students with a staff of 100. On June 26, 1997, the Commission approved a revision to the conditional use permit allowing for expansion of the school onto an adjacent 10-acre tract. Enrollment stayed at 1,040 and employee numbers increased to 110. On September 3, 1998, the Commission approved a second revision to the conditional use permit allowing for a change in the phasing plan and an increase in enrollment to 1,100 students. Employee numbers stayed at 110. On May 11, 2000, the Commission approved a third revision to the conditional use permit allowing for the introduction of a new phase. The site stayed at 30± acres and enrollment and employee numbers stayed at 1,100 and 110 respectively. On January 9, 2003, the Commission approved a fourth revision to the conditional use permit allowing for expansion onto an adjacent 20-acre tract; resulting in a total of 50± acres. The revision allowed for expansion of the school and an increase in student enrollment and employee numbers to 1,700 and 170 respectively. The plan included the introduction of several new buildings, a track and practice field, a baseball field and additional parking. Some of the previously approved buildings were relocated under the new plan. The school is now proposing a revision to the C.U.P. allowing for a slight increase in student population and building square footage. The phases for future construction have been revised to accommodate the school’s current and projected needs. The student and faculty/staff numbers are now proposed as 2,058 and 220 respectively. The total building square footage is proposed to December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 6 increase from 264,924 square feet to 309,424 square feet. The baseball field has been eliminated from the plan and the practice field and track have been relocated from the front of the site to the rear. There is some slight modification of the driveways and parking. The second driveway has been relocated farther from the west property line and widened into more of a primary entrance. A traffic signal will be installed at this entrance. The existing building summary and proposed phased construction plan are as follow: EXISTING BUILDINGS ELEMENTARY BUILDING 39,424 S.F. MIDDLE SCHOOL BUILDING 23,000 ACTIVITIES BUILDING 15,200 GYM 20,000 ADMIN 2,900 MULTIPURPOSE BUILDING 15,500 S.F. FUTURE BUILDINGS PHASE 1 ATHLETIC TRAINING 7,000 S.F. SCIENCE BUILDING 15,000 S.F. PHASE 2 DROP-OFF/PICK-UP MODIFICATIONS CANOPY/PAVILION SYSTEM PHASE 3 PRACTICE FIELD AND TRACK PARKING ADMINISTRATION BLDG. ADDITION 1,400 S.F. PHASE 4 HIGH SCHOOL CLASSROOM ADDITIONS 20,000 S.F. PHASE 5 HIGH SCHOOL ADDITIONS 55,000 S.F. PHASE 6 GYMNASIUM 35,000 S.F. ADDITIONAL PARKING AND DRIVES December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 7 PHASE 7 AUDITORIUM 45,000 S.F. PHASE 8 KINDERGARTEN BUILDING 15,000 S.F. TOTAL CAMPUS AREA 309,424 S.F. The proposed break-down of classrooms by grade is as follows: EARLY CHILDHOOD # OF CLASSES X STUDENTS PER CLASS # OF STUDENTS KINDERGARTEN – 4 yr old 5 X 15 75 KINDERGARTEN – 5 yr old 7 X 18 125 1ST GRADE 7 X 20 140 ELEMENTARY 2ND GRADE 7 X 22 154 3RD GRADE 7 X 22 154 4TH GRADE 7 X 22 154 5TH GRADE 7 X 22 154 MIDDLE SCHOOL 6TH GRADE 7 X 22 154 7TH GRADE 7 X 22 154 8TH GRADE 7 X 22 154 HIGH SCHOOL 9TH GRADE 8 X 20 160 10TH GRADE 8 X 20 160 11TH GRADE 8 X 20 160 12TH GRADE 8 X 20 160 2058 – TOTAL STUDENTS 220 – TOTAL FACULTY/STAFF The school is proposing to maintain the one existing monument sign and will not request additional ground-signs on Cantrell Road. Currently, the school does not have building signage. If they decide to add additional signage on the buildings, it will be limited to a single wall sign per building which complies with the sign ordinance. The Phase I building construction will closely resemble the school’s December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 8 current design, consisting of a combination of metal siding and white masonry veneer with sloping silver metal roofs. Future phases will likely use more masonry veneer and less metal siding while maintaining the use of sloping metal roofs. The school is requesting, and staff is supporting, a deferral of sidewalk construction on Cantrell Road until Phase V or development of adjacent properties. The school is also requesting and staff is supporting, deferral of curb and gutter along the Phase I driveway and use of a gravel parking lot until Phase III. Under Phase III, the practice field is moved to its permanent location as shown on the master plan and the permanent paved parking can be completed. The west half of the property is not in the city limits. It is an “island” surrounded by the corporate limits. Staff believes it is appropriate to require annexation of this portion of the school campus. As it is, there will be confusion for emergency service providers. It is not beneficial to the school to have half of its campus in the city and half out. Based on the City’s current sewer policy, since the site is contiguous to the city limits, the site must be annexed in order to obtain sewer service. Other than for the annexation issue, to staff’s knowledge, there are no outstanding issues. On November 17, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. There is no bill of assurance for this property. STAFF RECOMMENDATION: Staff recommends approval of the requested revised C.U.P. subject to compliance with the following conditions: 1. Compliance with the staff comments and conditions outlined in Sections 4, 5 and 6 of the staff report; including installation of a traffic signal on Cantrell Road in conjunction with the Phase I driveway. 2. The portion of the school campus that is currently not in the city limits must be annexed prior to Phase I being constructed. Staff recommends approval of the requested deferral of sidewalk construction on Cantrell Road until Phase V or development of adjacent properties, whichever occurs first. Staff recommends approval of the requested deferral of curb and gutter along the Phase I driveway and use of a gravel parking lot until Phase III. December 16, 2004 ITEM NO.: 7 (Cont.) FILE NO.: Z-6079-E 9 PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no registered objectors present. Staff requested that the item be deferred to the February 3, 2005 Agenda to allow for further study of access issues. The applicant had previously agreed to the deferral. There was no further discussion. The item was placed on the Consent Agenda and deferred to the February 3, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: 8 FILE NO.: Z-6274-A NAME: Jose’s Nite Club Latino, Inc. – Conditional Use Permit LOCATION: 9110 I-30 OWNER/APPLICANT: McCoy Building, LLC/Jose Contreras PROPOSAL: A conditional use permit is requested to allow use of the existing buildings on this C-4 zoned property as a special event center/private club. 1. SITE LOCATION: The site is located northwest of the University Avenue – I-30 interchange; between Chicot Road and Wanda Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property fronts onto the I-30 Frontage Road and is located in an area of mixed uses and zoning. Located to the west are an undeveloped, wooded tract, a vacant commercial building, a mini-warehouse complex and an apartment development. Adjacent to the north is an apartment development. A Shriner’s Temple is adjacent to the east. Beyond that are a single family neighborhood and several commercial uses. The interstate is located to the south. On the whole, staff believes the proposed use is compatible with uses and zoning in the area. The applicant has stated there will be some outdoor uses, utilizing the covered lumber storage sheds. It is this one aspect of the proposal that concerns staff, due to the proximity of adjacent apartments and nearby single family. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Town and Country and South Brookwood Neighborhood Associations were notified. 3. ON SITE DRIVES AND PARKING: The site is accessed via a single driveway off of the I-30 Frontage Road. Parking areas are currently asphalt-paved. Utilizing the parking lot in the front of the site and striping the paved areas around the buildings will result in 211 parking spaces. Using the 18,000 square foot building for assembly functions such as those proposed by the applicant will result in December 16, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-6274-A 2 the need for 180 parking spaces. The second, 9,375 square foot building is to be used only for storage. Any change in use of the second building will require Commission approval to address parking issues. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Terry Burruss, Eugenia Williams and Jose Cabrera were present representing the application. Staff presented the item and noted additional information was needed, signage and days and hours of operation. Staff asked the applicant to provide a more detailed description of the proposed use. The applicant was asked to provide a parking plan and to show the dumpster area and required screening. Staff asked the applicant to give specifics on use of the second building and of the proposed outdoor activities using the canopy structures. Staff voiced concern about having outdoor activities. The applicant responded that the use was not a night club; that it was a special event center to accommodate concerts, weddings and debutante parties. Utility Comments were noted. December 16, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-6274-A 3 The applicant was advised to respond to staff issues by November 17, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-4 zoned, 3.5± acre tract located at 9110 I-30 was originally developed as the site of McCoy’s Lumberyard and Home Center. Subsequently, it was occupied by Waterworld, a marine sales store. The property has been vacant for some time. The site contains two buildings, an 18,000 square foot sales building and a 9,375 square foot warehouse; and two covered, unenclosed lumber storage shed buildings. The site is paved and is enclosed on the north, east and a portion of the west perimeters by an 8 foot tall, wood privacy fence. The applicant is requesting approval of a conditional use permit to allow use of the site for a special event center with events catering primarily to the Hispanic community. Events would include concerts, debutante parties, weddings and cotillions. There will also be music by disc jockeys and games such as billiards. The applicant proposes to use the 18,000 square foot building for the above uses. The second, 9,375 square foot building is to be used for storage only at this time. The lumber storage canopies are proposed to be used for a flea market or outdoor picnics. Other than remodeling the buildings, no changes are proposed to the site. The normal operating hours will be as follows: Thursday – 5:00 P.M. – 12:00 A.M. Friday – 5:00 P.M. – 2:00 A.M. Saturday and Sunday – 11:00 A.M. – 2:00 A.M. Special Use Hours of Operation are as follows: Friday: 5 p.m. – 2 a.m. Concerts Saturday 11 a.m. – 6 p.m. Weddings, Parties, Outdoor Flea Market 7 p.m. – 2 a.m. Concerts Sunday 11 a.m. – 6 p.m. Outdoor Flea Market, Picnics 6 a.m. – 2 a.m. Concerts The outdoor flea market hours are proposed as 7:00 a.m. – 4:00 p.m. Signage consists of a single wall sign on the front façade of the building and a single ground sign. Signage will comply with commercial district criteria. Screening between this site and the apartments adjacent to the north will be enhanced by the planting of a dense evergreen screen. There is no bill of assurance issue. In general, staff is supportive of the applicant’s proposal. The proposed use seems to include aspects of a special event center and of a private club with December 16, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-6274-A 4 dining or bar service. Either use appears to be appropriate for this location. The property abuts the interstate and is bounded on two sides by commercial and office/institutional uses. Staff’s primary concern centers around any potential impact on the adjacent multifamily development from outdoor uses. The site does have a history of uses which include outdoor activities. With constraints placed on the nature of outdoor uses associated with this application, the proposed occupancy could be compatible with uses and zoning in the area. On November 17, 2004, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions noted in Sections 4, 5 and 6 of the staff report. 2. Use of the site for the special event center/private club is to be limited to building 1; the 18,000 square foot building. 3. Building 2; the 9,375 square foot building is to be used only for storage. 4. Outdoor activities are to be limited to the hours of 7:00 a.m. – 6:00 p.m. 5. There is to be no use of amplified music or speakers outside of the building. 6. All parking areas must be clearly striped to provide the indicated 211 parking spaces. 7. Additional screening in the form of dense evergreen planting must be installed along the north perimeter of the site. Plant materials must comply with those designated by the Code for screening. 8. All required building permits must be obtained for conversion of the building to accommodate the proposed use. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were registered objectors present. Staff had received and forwarded to the Commission a letter of opposition from the South Brookwood Neighborhood Association. Staff requested that the item be deferred to allow staff time for further review based on issues raised by the neighbors and to allow the applicant an opportunity to visit with the neighborhood association. Terry Burruss, representing the applicant, stated the applicant was already making payments on the building and a deferral would create a financial December 16, 2004 ITEM NO.: 8 (Cont.) FILE NO.: Z-6274-A 5 hardship. Mr. Burruss stated the applicant would listen to the issues and concerns raised by the neighbors and would try to address them. He stated the applicant did not want a deferral. A motion was made to defer the item to the February 3, 2005 meeting. The motion failed by a vote of 4 ayes, 4 noes and 3 absent. Later in the meeting, the Commission got down to having only 7 members present. In line with the Commission’s practice, all remaining applicants were offered an opportunity to defer. The applicant then requested a deferral. A motion was made to defer the item to the February 3, 2005 meeting. The motion was approved by a vote of 7 ayes, 0 noes and 4 absent. December 16, 2004 ITEM NO.: 9 FILE NO.: Z-6973-C NAME: Big Red Fina Car Wash – Conditional Use Permit LOCATION: SW corner of David O Dodd and Colonel Glenn OWNER/APPLICANT: Terraforma, LLC/Andrew Hicks, Architect PROPOSAL: A conditional use permit is requested to allow for construction of an automatic car wash in conjunction with a proposed convenience store on this C-3 zoned property. STAFF REPORT: The site plan does not match the approved preliminary plat for Colonel Glenn Center and, in fact, incorporates property beyond the boundary of the plat. This C.U.P. application needs to be deferred to allow for a revision to the preliminary plat. The C.U.P. and plat revision can be heard at the same commission meeting. Staff recommends that this item be deferred to the January 20, 2005 Commission meeting. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was not present. There were no registered objectors present. Staff recommended that the item be deferred to the January 20, 2005 agenda to be heard at the same time as a revised preliminary plat for the subdivision. There was no further discussion. The item was placed on the Consent Agenda and deferred to the January 20, 2005 meeting by a vote of 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: 10 FILE NO.: Z-7627-A NAME: Woodlands Edge Subdivision Recreation Area – Conditional Use Permit LOCATION: Woodlands Trail and Mossy Creek Drive OWNER/APPLICANT: Rocket Properties, LLC/Crafton, Tull and Associates PROPOSAL: A conditional use permit is requested to allow for the development of a private, subdivision recreation area on this undeveloped R-2 zoned property. 1. SITE LOCATION: The site is to be located near the intersection of Woodlands Trail and Mossy Creek Drive; in the new Woodlands Edge Subdivision. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within this developing, single family subdivision. The proposed recreation area contains a playground, pool and tennis court. Areas of buffer will be provided between the park use areas and the single family homes which will be built on the adjacent lots. The proposed use is appropriate as a component of a residential subdivision. All owners of property located within 200 feet of the site were notified of the request. At the time of this request, most all of the abutting properties were undeveloped. There were three addresses for which building permits had been obtained and notices were sent to them. There is no neighborhood association in the vicinity. 3. ON SITE DRIVES AND PARKING: A single driveway is proposed to provide access from the roadway to the north. Forty-two (42) on-site parking spaces are proposed. A secondary driveway may be provided to a future roadway on the west in the future. The proposed parking should be sufficient for this neighborhood recreation area. 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. December 16, 2004 ITEM NO.: 10 (Cont.) FILE NO.: Z-7627-A 2 An irrigation system to water landscaped areas will be required. Prior to obtaining a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many trees as feasible on this tree-covered site. Extra credit toward fulfilling Landscape ordinance requirements can be given when properly preserving trees of six inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. A grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. An easement is required to extend a future 12-inch water main across this property. All existing and proposed water and utility easements should be shown. No poles, signs, or other structures with foundations are allowed in waterline easements. 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). December 16, 2004 ITEM NO.: 10 (Cont.) FILE NO.: Z-7627-A 3 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: Place fire hydrants per code. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) The applicant was present. Staff presented the item and noted additional information was needed regarding building design, site lighting, dumpster location and screening and fencing. Staff asked the applicant to clarify the use of the kiosk and the small building adjacent to the pool and to specify the purpose of the 10 foot wide driveway adjacent to the club house. Staff asked if there would be a sales office in the club house building. The applicant was advised to submit details of a typical parking space and driveway width and to submit a copy of the bill of assurance. Public Works, Landscape and Utility Comments were presented and discussed. The applicant was urged to preserve as many mature trees on the site as possible. The Committee determined there were no other issues and forwarded the item to the full Commission. The applicant was advised to respond to staff issues by November 17, 2004. STAFF ANALYSIS: Woodlands Edge Subdivision is a new, single family residential development located generally west of Bowman Road, south of Cherry Creek. Many new homes have been constructed in the first phase and the Commission has approved preliminary plats for additional phases. The developer now proposes to construct a private recreation area to serve the residents of the subdivision. The 5.45± acre site will contain 2 tennis courts, a half-court basketball court, swimming pools, a clubhouse and playground. Forty-two (42) parking spaces will be located on the site. Only the pool area will be enclosed by fencing. Much of the site will remain tree-covered. The December 16, 2004 ITEM NO.: 10 (Cont.) FILE NO.: Z-7627-A 4 clubhouse building will have space for a small P.O.A. office. There will be no unrelated office use in the building. The building will be constructed of stone veneer base with vertical cedar siding and a metal standing-seam roof. The site will also contain a gazebo and a kiosk which will provide a drop-off/pick-up point. There will be no lighting of the tennis courts; however, there will be minimal lighting provided around the parking areas. Lighting will be located and designed so as not to spill into the adjacent residential properties. A single driveway onto the site is shown from the roadway to the north. A secondary access may be provided from a roadway to the west. Access will be maintained to an adjacent property to the south by a 10-foot asphalt driveway. To staff’s knowledge, there are no outstanding issues. On November 17, 2004, the applicant submitted responses to issues raised at Subdivision Committee and reflected in the analysis above. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the Staff Comments and Conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Throughout the construction process, access must be maintained to the adjacent property to the south. 3. Lighting must be shielded downward and into the site. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no registered objectors present. One person was present in support of the application. 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 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: 11 FILE NO.: Z-7758 NAME: Pinnacle Valley Sports Center – Conditional Use Permit LOCATION: 8700 Pinnacle Valley Road OWNER/APPLICANT: Michael Nelson/Kristian Nelson PROPOSAL: A conditional use permit is requested to allow for development of a private recreation area containing multiple ball fields on this R-2 zoned property. 1. SITE LOCATION: The property is located on the west side of Pinnacle Valley Road; across from Beck Road and south of the Corps of Engineers Maumelle Park. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is characterized by a scattering of single family homes on large tracts and large areas of undeveloped property and pasture. There are three parks in the overall area; including Pinnacle Mountain State Park, the Corps of Engineers Maumelle Park and the City of Little Rock’s Two Rivers Park. Staff is supportive of this concept and believes the proposed use could be appropriate for this area. Technical issues such as access, parking and buffers must be resolved. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the River Valley P.O.A. were notified of this request. 3. ON SITE DRIVES AND PARKING: The site plan shows a single, boulevard-type entry from Pinnacle Valley Road. A 277 space paved parking lot is proposed to be developed in two phases. 177 spaces are shown in phase I and 100 spaces in phase II. The plan includes 4 football fields, 3 baseball fields and 1 soccer field. The City Parks Department estimates that 42 parking spaces should be provided per field. The 8 fields would require a total of 336 parking spaces. Programs on the site will need to be scheduled so that all fields are not in use at the same time. If this is done, the proposed parking should be sufficient for the use. December 16, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7758 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinances is required. The overall width of the proposed land use and street buffers meet with ordinance requirements. The width of the undisturbed part of the land buffers is required to never be less than 9-feet. Two small sections of the proposed jogging trail appear to intrude into this minimum width requirement along the northern and southern perimeter. A minimum of seventy percent of the land use buffer area is required to remain in its natural state. In order to receive credit toward fulfilling the eight percent interior landscaping requirement, interior islands must be at least 7 ½ feet in width and 300 square feet in area. Additionally, interior landscaping must be generally distributed throughout the on-site paved areas. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required where adjacent to residential properties. An irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide approved landscape plans stamped with the seal of a Registered Landscape Architect. 5. PUBLIC WORKS COMMENTS: 1. Pinnacle Valley Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-additional lane to serve as a turn lane and a 5-foot sidewalks with planned development. 3. This site is outside the corporate limits but within the planning boundary. No grading permits or stormwater detention is required. 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. For an arterial street, driveways should be spaced 150 feet from the property boundary and 300 feet center to center. The width of driveway must not exceed 36 feet. Island area should be removed. December 16, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7758 3 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comments. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Approval of the City of Little Rock will be required prior to service to this facility. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place fire hydrants per code. Provide approval from local Volunteer Fire Department, which serves this area. County Planning: Not approved as submitted. CATA: The site is not located on a CATA bus route. December 16, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7758 4 SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) Kristian Nelson, David Colbert and Keith Miller were present representing the application. Staff presented the item and noted there was additional information needed regarding building design, setbacks, building area, signage, typical days and hours of use, site lighting, phasing and fencing. Staff asked the applicants to locate dumpsters and screening, to provide the number of parking spaces and to show dimensions of the spaces and driveway and to label the unidentified elements on the plan. Staff informed the applicants that the convenience store needed to be eliminated from the plan or the application would have to be refiled as a rezoning. Staff told the applicants to provide written comments and approval from the local Volunteer Fire Department which serves the area. Public Works, Landscaping and Utility Comments were presented and discussed. Staff noted that the site plan submitted by the applicant was unacceptable for a variety of reasons. Staff presented a revised sketch plan which had been prepared by the staff of the Parks Department. Staff noted the merits of the revised plan and suggested the applicants revise their plan to more closely follow the plan proposed by staff. Mr. Nelson agreed and stated he had already met with the Parks Department Staff. The applicants were advised to continue working with neighborhood residents; to address their concerns. The Committee directed the applicants to respond to staff issues by November 17, 2004. The item was forwarded to the full Commission. STAFF ANALYSIS: The applicant, representing the Pinnacle Valley Youth Sports Center, is requesting approval of a conditional use permit to allow for development of a multi-field sports complex on this R-2 zoned, 24.7± acre tract. Much of the site is used as pasture, with the rear portion of the site being heavily wooded. The proposed sports park includes 4 football fields, 3 baseball fields, 1 soccer field, 2 volleyball courts and 2 open-air basketball courts. Also included is a 277 space paved parking lot, restroom and concession buildings, an open air pavilion and an 8’ wide jogging trail. The facility will focus primarily on programs for children ages 5-12 but will also have adult flag football and softball programs. Phase I consists of 3 little league football fields, 3 baseball fields, the concession and restroom buildings, 177 paved parking spaces and the entry drive. Phase II consists of an additional 100 paved parking spaces, the soccer field, basketball December 16, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7758 5 and volleyball courts and a combination little league/regulation size football field. Each of the playing fields will also have bleachers and lighting. The applicants did submit a revised plan based on the model prepared by City Staff. The open air pavilion and restroom building will each be one story in height and will have 8/12 sloped green metal roofs and stone and natural wood exteriors. The two-story, 8,000 square foot restroom-concession-administration building will have similar architecture. Parking lot lighting consists of 400 watt metal halide lighting on 30-foot poles at 90 feet spacing. The lighting will be shielded downward, into the site. The field lighting is also to be on 30-foot poles with wattage and spacing as needed to light the fields. Three dumpster areas are located on the plan, to be screened as required by Code. Fencing will consist only of 5-foot chainlink fencing around the baseball fields except for the outfield fencing which will be a 6-foot solid wood fence and the chainlink backstops. Although not shown on the plan, staff anticipates the entry driveway will be gated to prohibit after-hours intrusions. Landscape areas will be provided and irrigated to comply with ordinance standards. The perimeter buffers comply with ordinance requirements. A letter has been received from the West Pulaski Fire Protection District voicing no opposition to the project if all required water lines and hydrants are installed. Signage consists of a single 4’ X 10’ stone and cedar ground sign at the entrance, signage on the interiors of the outfield fences and directional signage on the site. There is no bill of assurance. Staff is supportive of the proposed sports center. There is a need for additional youth sports fields which has only been compounded by the recent loss of the Highway 10 fields near the Joe T. Robinson School campus. The complex is proposed to be located in an area which already has several parks; including Two Rivers Park, Maumelle Corps of Engineers Park and Pinnacle Mountain State Park. In 1994, a 233.6 acre tract located just south of this site was rezoned from R-2 to AF in conjunction with a proposal to develop the site as a golf course. The golf course was to include a 250 space parking lot, lighted practice range and a club house/proshop/snack bar. That development did not occur. This applicant proposes to retain the wooded buffers on the perimeters where woods exist and to install trees and dense evergreen plantings where otherwise needed. Hours of operation for the administration building are 8:00 a.m. – 5:00 p.m., Monday through Friday. Game hours, when the fields will be in use, are 5:00 p.m. – 9:00 p.m., Monday through Friday and 10:00 a.m. – 2:00 p.m., Saturday. There will also be occasional use during the day on Sundays. The applicant is proposing widening Pinnacle Valley Road by one lane in front of the site to provide a turn lane. The applicant is requesting no variances and staff’s support is predicated on each phase of the project being completely developed as per the site plan prior to any use of the site. Programming of activities must be such that a parking ratio of 40± parking spaces per active field is maintained. Activities are December 16, 2004 ITEM NO.: 11 (Cont.) FILE NO.: Z-7758 6 scheduled to end at 9:00 p.m., Monday through Friday. Lighting of the fields should be shut-off no later than 9:30 p.m. and parking lot lighting should be reduced at that time to the minimum needed for security purposes. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. subject to compliance with the following conditions: 1. Compliance with the Staff Comments and Conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Compliance with the approved site plan and phasing plan. 3. There is to be no activity on the site without complete development of each phase. 4. Existing wooded areas to be preserved on the perimeters of the site are to be marked and protected by temporary fencing throughout the construction project. This is to be coordinated with staff prior to any grading, clearing or construction on the site. 5. Field lighting is to be turned off no later than 9:30 p.m. Parking lot lighting is to be reduced by 10:00 p.m. to the minimum level required for security. 6. Programming of activities on the site is to be such that a parking ratio of 40 parking spaces per active field is maintained. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were several objectors present. Staff had received and forwarded several letters and e-mails in opposition. Staff had received 3-4 telephone calls in support. Only 7 commissioners present. In line with the Commission’s practice, the applicant was offered the opportunity to defer the item. The applicant requested the deferral and stated he would try to meet with the neighbors. A motion was made to defer the item to the February 3, 2004 meeting. The motion was approved by a vote of 7 ayes, 0 noes and 4 absent. December 16, 2004 ITEM NO.: 12 FILE NO.: Z-7759 NAME: Enterprise Rent-A-Car – Conditional Use Permit LOCATION: 9804 N. Rodney Parham Road OWNER/APPLICANT: Viva Red/Enterprise Rent-A-Car PROPOSAL: A conditional use permit is requested to allow for use of this existing C-3 zoned site as an automobile rental agency. 1. SITE LOCATION: The site is located on the north side of Rodney Parham Road; between Treasure Hill and Old Forge, across from Butler Park. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the strip of commercial uses which extends along the north side of Rodney Parham. Multiple commercial uses are located to the east and west. A city park is located across the street to the south. The proposed use will not allow servicing or repair of vehicles; only washing and vacuuming, parking of vehicles and an office. The proposed use is compatible with uses in the area. All owners of property located within 200 feet of the site, all residents within 300 feet and the Sturbridge and Treasure Hills Neighborhood Associations were notified of the request. 3. ON SITE DRIVES AND PARKING: The site is accessed via a single, shared driveway off of Rodney Parham. There are 17 parking spaces on the site. No changes are proposed to the existing driveway or parking lot. The rental agency will use 6-7 of the spaces for rental cars. The remaining spaces will be used for employee parking and for a small employment agency which is also located in this building. The available parking should be sufficient for the proposed use. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. December 16, 2004 ITEM NO.: 12 (Cont.) FILE NO.: Z-7759 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. CenterPoint Energy: No Comments received. Southwestern Bell: No Comments received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004) The applicants were present. Staff presented the item and noted additional information was needed regarding signage, use of the “vehicle detail area” and employee and customer parking. The applicants were asked to show the dumpster on the site plan and to include installing the required dumpster screening. Utility, Public Works and Landscape Comments were noted. The applicants were advised to respond to staff issues by November 17, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Enterprise Rent-A-Car is requesting approval of a conditional use permit to allow auto rental or leasing (no service, sales or repair) at this C-3 zoned location. The site contains a one-story; brick and stucco building and a 17-space parking lot. A canopy structure is attached to the rear of the building. No changes are proposed to either the building or parking lot. Enterprise has been operating at this location for three years. The company has paid its annual city privilege license. The City’s Code Enforcement Staff recently became aware that no conditional use permit had been approved for the business. Once Enterprise was notified of this discrepancy, they applied for the C.U.P. December 16, 2004 ITEM NO.: 12 (Cont.) FILE NO.: Z-7759 3 The hours of operation are Monday through Friday, 7:30 a.m. – 6:00 p.m. and Saturday, 8:30 a.m. – 12:30 p.m. The canopy area at the rear of the building is used only to vacuum the vehicles, clean the windows and spray off the car. No maintenance or repairs are performed on-site. Signage consists of a single ground-mounted sign and two wall signs. The signs meet the standards for commercial districts and sign permits were obtained in March and May of 2002. Six or seven rental cars will be parked at the site. The dumpster is located at the rear of the site. Through this application, the required screening will be installed around the dumpster. The bill of assurance is from the early 1970’s and does not appear to address pertinent use issues. To staff’s knowledge, there are no outstanding issues. The applicant submitted responses to issues raised at Subdivision Committee and reflected in the above analysis. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. There is to be no service, sales or repair of vehicles on the site other than vacuuming the vehicles, cleaning the windows and rinsing the vehicles under the canopy at the rear of the building. 2. Vehicles parked on the site must be parked in identified parking spaces. 3. The number of rental vehicles on the site may not exceed, when combined with required employee and customer parking, the number of identified parking spaces on the site. 4. The required screening around the dumpster is to be installed within 45 days of the Planning Commission’s approval. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The applicant was present. There were no registered 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 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: 14 FILE NO.: MSP04-06 Name: Little Rock Bicycle Trail Master Plan 2004 Map and Text Update Location: Citywide Request: Revision to Section 6 of the Master Street Plan titled “Bicycle Plan” and revision to the “Map” throughout the City Planning area Source: Staff Staff requests to defer this item to the February 3, 2003 agenda for further review. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The item was placed on the consent agenda for deferral to the February 3, 2005 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 8 ayes, 0 noes and 3 absent. December 16, 2004 ITEM NO.: 15 FILE NO.: MSP04-07 Name: Little Rock Bicycle Trail Master Plan 2004 Map and Text Update Location: Citywide Request: Revision to Section 7 of the Master Street Plan titled “Authority Jurisdiction and Enforcement” concerning dedication and construction of bicycle paths or routes. Source: Staff Staff requests to defer this item to the February 3, 2003 agenda for further review. PLANNING COMMISSION ACTION: (DECEMBER 16, 2004) The item was placed on the consent agenda for deferral to the February 3, 2005 Planning Commission meeting. A motion was made to approve the consent agenda and was approved with a vote of 8 ayes, 0 noes and 3 absent.