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pc_04 11 2002LITTLE ROCK PLANNING COMMISSION PLANNING —REZONING —CONDITIONAL USE HEARING MINUTE RECORD APRIL 11,2002 4:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being ten (10)in number. II.Members Present: Judith Faust Craig Berry Fred Allen,Jr. Robert Stebbins Norm FloydBillRector Rohn Muse Obray Nunnley,Jr. Bob Lowry Richard Downing Members Absent:Mizan Rahman City Attorney:Stephen Giles III.Approval of the Minutes of the February 28,2002 MeetingoftheLittleRockPlanningCommission.The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING —REZONING —CONDITIONAL USE HEARING APRIL 11,2002 4:00 P.M. I.DEFERRED ITEMS: A.Z-4650-B Parkway Place Baptist Church —C.U.P. 300 Parkway Place Drive B.Z-7145 Sobba Bookstore —C.U.P. 6320 Scott Hamilton Drive C.Pinnacle Valley Phase V Preliminary Plat (S-992-N)—located0.6 miles north of Cantrell Road on the west side ofPinnacleValleyRoad D.LU02-02-01 A Land Use Plan Amendment in the Rodney Parham Planning District;a change from Single-family to Office—Located at 11618 Huron Lane D .1 .Pinnacle Chiropractic and Acupuncture Short-form POD(Z-7153)—Located at 11618 Huron Lane II.NEW ITEMS: 1.Z-5910-A C-3 to C-4 Southwest corner of Geyer Springs and Forbing Roads 2.Z-6504-A POD Revocation and Rezoning to 0-3 and C-3 Southeast corner of I-430 and Colonel Glenn Road 3.LU02-14-01 A Land Use Plan Amendment in the Geyer SpringsEastPlanningDistrictfromLowDensity Residential to Commercial at ¹1 Voorhees Drive 3.1 Z-7160 R-2 to C-4 ¹1 Voorhees Drive 4.Z-1513-C Little Rock Monthly Meeting Religious Society ofFriendsRevisedConditionalUsePermit 3415 West Markham Street 5.Z-4758-A Metropolitan Vocational and Technical School Conditional Use Permit 7701 Scott Hamilton Drive Agenda,Page Two 6.Z-7159 Hines Manufactured Home Conditional Use Permit 10709 Stagecoach Road 7.A-297 Rolling Pines Annexation NW of Gina Road and Heinke Road 8.G-23-313 East Crestwood Drive —Right-of-Way Abandonment Portion of East Crestwood Drive —100 linear feet from Kavanaugh Blvd.to the south. 9.An ordinance amending Section 36-593(c)(6)of the Code of Ordinances relating to Landscaping and screening of wireless communication facilities 10.A resolution supporting the MidTown Redevelopment Plan BARRETT FO ROAD W Public Hearing ARKANSAS Items 2+p.63 1-630 g EE R/vPRIDEVALLEYNARKHAMQMARK 9 OTY OMITS 1-6 4KANIS 1-630 I I TH 12TH M QQ IZ I Q .TOIH M Q 6' WRICH1Ts CIEOV %p 36TH I ROOSEVELT LA WSON Q 1-&40+ LA WSON R FRAZIER PIKE 2 23 2EUBER a ULRTSgBAWDBL25K''DODO 65TH 1 65TH OTY LVNTSRUNES+VALLEY TH ~g 62 '11 Q DIXONBASEUNE CT A IN DIXON OTTER ABELVALE M T 5CREKVEST BLINKER25 CI 6 CYSA WNSCN 8 DREHERIALEXANDER~25 YER SPGS.Ev C OFF CUIOFFIx CUTOFF CITY LWRIS ~LY EL 16/ 6 365 ASHER PRATT I ASIH planning Rezoning Cond—itional use Permit April 11,2001 April 11,2002 ITEM NO.:A FILE NO.:Z-4650-B NAME:Parkway Place Baptist Church —Conditional Use Permit LOCATION:300 Parkway Place Drive OWER/APPLICANT:Parkway Place Baptist Church/Howard David PROPOSAL:A conditional use permit is requested toallowanew,40-space parking lot and a24,000 square foot education addition onthisexisting,R-2 Single Family residentialzonedchurchsite. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located on the southwest corner of ParkwayPlaceDriveandWestMarkhamStreet,one block south ofChenalParkway. 2.COMPATIBILITY WITH NEIGHBORHOOD: All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified andtheParkwayPlaceNeighborhoodAssociationwerenotified ofthisapplication. The church is located at the northern edge of a singlefamilyneighborhood.Single family homes are located southofthesite.Multiple non-residential uses,includingoffices,a fire station,a neighborhood swimming pool,acarwash,a funeral home and undeveloped commercialpropertiesarelocatedeast,north and west of the site. lt is the relationship of the abutting single familyresidencestotheproposedparkinglotthatconcerns staff.The parking lot intrudes beyond the bulk of the church siteintotheresidentialneighborhood.Since the church hasovertwiceasmanyparkingspacesasrequiredbyCode,staff questions the necessity of constructing this parkinglotinanareathatcurrentlyservesasabufferbetweenthisnonresidentialuseandtheabuttingresidences. April 11,2002 ITEM NO.:A (Cont.)FILE NO Z-4650-B 3.ON SITE DRIVES AND PARKING: The church currently has a 309 space parking lot withsingledrivewaysontoParkwayPlaceDriveandWestMarkhamStreet.This application includes the addition of a new 40spaceparkinglotandaone-way drop-off.The sanctuaryhasaseatingcapacityof600persons,requiring 150 parking spaces,based on the Ordinance Standard of oneparkingspaceforevery4seatsinthemainworshiparea. The church currently has more than twice as many parkingspacesasrequiredbyCode. 4 .SCREENING AND BUFFERS: The plan submitted does not allow for the 1,048 square feetoflandscapingrequiredwithintheinterioroftheproposedparkinglot. A six (6)foot high opaque screen,either a wooden fencewithitsfacesidedirectedoutward,a wall,or denseevergreenplantings,is required along the southern andeasternperimetersofthesite. 5.PUBLIC WORKS COMMENTS: 1.Repair or replace any curb and gutter or sidewalk thatisdamagedormissinginthepublicright-of-way priortooccupancy. 2.Plans of all work in right-of-way shall be submitted forapprovalpriortostartofwork.3.Stormwater detention ordinance applies to this property.4.Mark drop-off as a one-way driveway. 6.UTILITY,FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:No Comments received. Reliant:No Comments received. 2 April 11,2002 ITEM NO.:A (Cont.)FILE NO.:Z-4650-B Southwestern Bell:Concern regarding proposed drive off Markham;SWBT may have cable that will need lowering based on excavating levels. Water:The Little Rock Fire Department needs to evaluatethissitetodeterminewhetheradditionalpublicand/orprivatefirehydrant(s)will be required.If additionalfirehydrant(s)are required,they will be installed attheDeveloper's expense.Contact Central Arkansas Wateriflargerand/or additional meter(s)are needed. Fire Department:Approved as submitted. Count Plannin :No Comments received. CATA:Site is not located on a.dedicated bus route and hasnoeffectonbusradius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 7,2002) Patrick McGetrick was present representing the applicant.Staffpresentedtheitemandnotedadditionalinformationwasneededregardingsignage,site lighting,dumpster location,seatingcapacityinthemainworshiparea,fencing and roof pitch andmaterials.Staff stated the proposed driveway must be labeled"one-way"and signage installed indicating such.Staff asked iftherewouldbeacanopyerectedoverthedrop-off area along the new driveway.The applicant indicated there would be a canopyanditwouldbeshownonarevisedsiteplan.Landscaping comments were presented and it was noted that additionalinteriorlandscapingmustbeprovided.Public Works Commentswerepresented.The applicant was directed to submit a revisedcoverletterandsiteplanaddressingtheissuesandconcernsraisedbystaff. The Committee determined there were no other outstanding issuesandforwardedtheitemtothefullCommission. 3 April 11,2002 ITEM NO.:A (Cont.)FILE NO.:Z-4650-B STAFF ANALYSIS: Parkway Place Baptist Church occupies the R-2 zoned propertylocatedat300ParkwayPlaceDrive.The church facilityconsistsofa13,250 square foot,600 seat sanctuary,a 13,700squarefooteducationwinganda309spaceparkinglot.Thechurchproposestheadditionofa24,000,two-story education wing addition and a 40 space parking lot.The addition willhousechildren's and youth classes.A variance is requested toallowabuildingheightof44feet.The Code has a height limitof35feetintheR-2 district.A one-way,drop-off driveway:isproposedoffofKirby/West Markham,in front of the addition. An 8 foot tall,wood fence is proposed along the south perimeterofthenewparkinglot,to provide screening for the adjacentresidentialproperties. Staff is supportive of aspects of the proposed development,butnotall.Allowing the classroom addition is reasonable.It islocatedwithinthedefinedchurchsiteandmeetstheOrdinancesetbacks.The height variance is relatively minor.Directlyacrossfromtheareaoftheadditionareaneighborhoodswimmingpool,fire station and undeveloped C-3 zoned property.Theadditionislocatedsome90+feet away from the rear of theabuttingresidentialproperties. The proposed one-way drop-off driveway in front of the additionalsoseemsappropriatetostaffforthesamereasons. Staff does have concerns about the proposed 40 space parking lottobelocatedsouthofthenewaddition.This parking lotpushestheenvelopeofthechurchsitefurtherintotheabuttingresidentialneighborhood.To construct the parking lot willrequiretheclearingandpavingofanundeveloped,tree coveredlotthatservesasabufferbetweenthechurchandtheabuttingresidentialproperties.The church currently has a 309 spaceparkinglot.The Code requires 150 parking spaces for thischurch.No changes are proposed in the seating capacity of theworshiparea/sanctuary.While recognizing that churches are anappropriateelementwithinaresidentialneighborhood,staffquestionsthenecessityordesirabilityofconstructingtheproposed40spaceparkinglot.In staff's opinion,the negativeimpactoftheparkinglotontheabuttingresidentialpropertiesoutweighsthenecessityoradvantageofconstructingit. 4 April 11,2002 ITEM NO.:A (Cont.)FILE NO Z-4650-B The applicant did submit a revised site plan and cover letter on March 27,2002,in response to questions raised at Subdivision Committee.The comments are reflected in the analysis above. The revised site plan shows a canopy over the entrance on thedrop-off driveways and the driveway being clearly labeled one-way. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to construct the two-story education addition and one-waydrop-off driveway subject to compliance with staff comments andconditionsnotedinSections4,5 and 6 of this report.Staff recommends approval of the requested height variance. Staff does not recommend approval of -the request to construct the proposed 40 space parking lot. PLANNING COMMISSION ACTION:(FEBRUARY 28'002) Staff informed the Commission that the applicant requested thatthisapplicationbedeferredtotheApril11,2002 agenda.Staff supported the deferral request. The Chairperson placed this item before the Commission forinclusionwithintheConsentAgendafordeferraltothe April 11,2002 agenda.A motion to that effect was made. The motion passed by a vote of 8 ayes,0 nays and 3 absent. SUBDIVISION COMMITTEE COMMENT:(MMCH 21,2002) Patrick McGetrick was present representing the application.Staff informed the Committee that the comments and issues werethesameasthoseraisedattheFebruary7,2002 committeeting.The applicant had requested deferral of the item priortorespondingtothoseissues.Mr.McGetrick stated there was,at that time,some question as to whether the item would be pursued,as originally proposed.He stated he would have responses to all questions and issues to staff by March 27,2002. 5 April 11,2002 ITEM NO.:A (Cont.)FILE NO.:Z-4650-B PLANNING COMMISSION ACTION:(APRIL 11,2002) Patrick McGetrick was present representing the application. There were no objectors present.Staff informed the Commission that the applicant had failed to complete the requirednotification.Staff recommended that the item be deferred to the May 9,2002 commission meeting. The item was placed on the Consent Agenda and approved for deferral as recommended.The vote was 10 ayes,0 noes and 1 absent. 6 April 1 ,2002 ITEM NO ~:B FILE NO.:Z-7145 NAME:Sobba Bookstore Conditional Use Permit LOCATION:6320 Scott Hamilton Drive OWNER/APPLICANT:GKJ Family Ltd.Partnership/ Dennis Lee Sobba PROPOSAL:A conditional use permit is requestedtoallowuseofthisI-2 LightIndustrialzonedbuildingand propertyasaretailbookstore,video store andarcade(sexually-oriented business). ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located at the northwest corner ofScottHamiltonDriveandWallStreet,one block northofWest65Street. 2.COMPATIBILITY WITH NEIGHBORHOOD: All owners of property located within 200 feet of thesite,all residents within 300 feet who could beidentifiedandtheUpperBaseline,Wakefield and SWLRUP Neighborhood Associations were notified of thisapplication. The property is located within the 65 StreetIndustrialPark.With one exception,all surroundingpropertiesarezonedI-2.Those I-2 zoned propertiescontainawiderangeofusesincludingaUnionHall, warehouses,wholesale distributors,two vacant bank buildings and a fueling station.One of the vacant banks is located on a C-3 zoned tract to the southwest. Allowing this enclosed retail type use is compatible with uses and zoning in the immediate vicinity. 3.ON SITE DRIVES AND PARKING: This 5,840 square foot retail use requires 19 on-site parking spaces based on one space per 300 square feet. The applicant's plan shows 22 on-site parking spaces. The parking lot to the west of the building is actually April,2002 ITEM NO.:B (Cont.)FILE NO.:Z-7145 large enough to accommodate another 15+parking spacesforatotalof37+.The site is currently accessed bydrivewaysoffofWallStreetandScottHamilton.The driveway onto Wall Street.will be removed and the curbreinstalled.The former area of the driveway will belandscaped.The rear (west)parking lot will beaccessedbyadrivewaythatcirclesaroundthenorth end of the building. 4.SCREENING AND BUFFERS: Whether a landscaping upgrade will be required will depend upon the amount of rehabilitation that willoccur.If the cost of the rehabilitation will exceedfifty(50)percent of what it'ould cost to rebuildtheexistingstructureattoday'cost,then a corresponding amount of landscaping upgrade toward compliance with the Landscape Ordinance will berequired. 5 .PUBLIC WORKS COMMENTS: 1.Show parking for customers and employees.2.Eliminate driveway on Wall Street,in order to comply with spacing ordinance.3.Wall Street is classified on the Master Street Planasacommercialstreet.Dedicate right-of-way to 30feetfromcenterline. 4.A 20 feet radial dedication of right-of-way isrequiredatthecornerofWallStreetandScott Hamilton. 5.Repair or replace any curb and gutter or sidewalkthatisdamagedinthepublicright-of-way prior tooccupancy. 6.Plans of all work in right-of-way shall be submittedforapprovalpriortostartofwork. 6.UTILITY,FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:No Comments received. Reliant:No Comments received. Southwestern Bell:No Comments received. 2 April 1,2002 ITEM NO ~:B (Cont.)FILE NO.:Z-7145 Water:Contact Central Arkansas Water if larger and/oradditionalmeter(s)are needed. Fire Department:Approved as submitted. Count Plannin :No Comments received. CATA:Site is on bus route 515 and has no effect onbusradius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(FEBRUARY 7,2002) The applicant,Lee Sobba,was present.Staff presented theitemandnotedadditionalinformationwasneededregardingsignage,number of employees per shift,site lighting,fencing,trash pick-up/dumpster lo'cation and the actual number of parking spaces on site.Landscape Comments werepresented.It was noted that any required upgrade would bedeterminedatthetimeofbuildingpermit.Public Works Comments were presented and discussed.Mr.Sobba wasinformedoftheneedtodedicateright-of-way for WallStreetandtheradiusatthecorner.He was told of theneedtoremovethedrivewayontoWallStreetandtorebuildthecurbandgutteratthatpoint.Staff asked if he wouldbeconstructinganotherdrivewayfromWallStreettoaccesstheparkinglotbehindthebuilding.Mr.Sobba respondedthathewouldnot;that customers could use the drivewaylocated,on the north side of the building to get to the backparkinglot. The Committee determined there were no other site planrelatedissuesandforwardedtheitemtothefull Commission.The applicant was advised to submit a revisedcoverletterandsiteplanaddressingthoseissuesandconcernsraisedbystaff. STAFF ANALYSIS: The applicant proposes to convert the existing,5,400 squarefootbuildinglocatedontheI-2 zoned property at 6320ScottHamiltonRoadintoaretail,adult-themed store.Theapplicantproposestoselladult-themed merchandise;books,magazines,novelties,martial aids,tapes,DVD's and to 3 April 1~,2002 ITEM NO.:B (Cont.)FILE NO.:Z-7145 offer private viewing booths of adult images.This retail use requires a conditional use in I-2.The business is defined as a sexually oriented business.Little Rock Ordinance No.15,629 defines such uses and sets criteria for locating those establishments.This proposed business complies with the location criteria established by Ordinance No.15,629.There are no churches,schools,parks, residentially zoned properties,hospitals,historic properties or other sexually oriented businesses within 750feetofthissite. The site is occupied by a 5,400 square foot,single-story, masonry,commercial building.Asphalt parking lots are located in front (east)and behind (west)the building.The parking lots provide for more vehicle spaces than required by the ordinance.In response to Public Works'equest,the driveway onto Wall Street will be removed and required right-of-way will be dedicated.The applicant proposes to place a 4-foot by 4-foot wall sign on the Wall Street facade and a 6-foot by 12-foot wall sign on the Scott Hamilton facade.Both signs are below the area permitted for wall signs.A single,12 foot tall,2 foot by 2 foot, perpendicular monument style ground-mounted sign will be placed at the southeast corner of the site.Again,this is well below the allowable sign height and area in I-2.The business will operate 24 hours per day,7 days per week. Two employees will work each shift.An additional employee may be utilized as a parking lot guard to patrol the grounds from 8:00 p.m.to 4:00 a.m.to ensure safety of patron' vehicles and to discourage loitering.Security lighting will be placed on the walls of the building to illuminate the parking lots.Additional parking lot lighting may be placed on existing utility poles at the northwest and southwest corners of the site.A dumpster will be located in the rear parking lot.The dumpster will be enclosed by the required 8 foot tall screening fence.A 7-foot tall chainlink fence is located along the north property line and enclosing the rear parking lot.This fence will remain. Staff believes it is reasonable to approve the conditional use permit allowing this retail use to occupy the I-2 zoned property. 4 April 11,2002 ITEM NO.:B (Cont.)FILE NO.:Z-7145 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4,5 and 6 of this report. PLANNING COMMISSION ACTION:(FEBRUARY 28,2002) The applicant,Lee Sobba,requested that this application be deferred to the April 11,2002 agenda.The Planning Commission offered the deferral,based on the fact that only eight (8)commissioners were present.The deferral will not be counted against the applicant. The Chairperson placed this item before the Commission for inclusion within the Consent Agenda for deferral to the April 11,2002 agenda.A motion to that effect was made. The motion passed by a vote of 8 ayes,0 nays and 3 absent. PLANNING COMMISSION ACTION:(APRIL 11,2002) The applicant was not present.Staff informed the Commission that the applicant had requested on April 8,2002thattheitembewithdrawn.Numerous phone calls andlettersofoppositionhadbeenreceived.A motion was madetowaivetheCommission'Bylaws to accept the late requestforwithdrawal.The motion was approved by a vote of 9 ayes,1 noe and 1 absent.The item was placed on the Consent Agenda and approved for withdrawal.The vote was 10 ayes,0 noes and 1 absent. 5 April 11,2002 ITEM NO.:C FILE NO ~:S-992-N NAME:Pinnacle Valley Preliminary Plat Phase V LOCATION:0.6 miles north of Cantrell Road on the west side of Pinnacle Valley Road DEVELOPER:ENGINEER: Kelton Brown,Jr.McGetrick &McGetrick Engineers¹6 Eagle Glenn Cove 319 President Clinton AvenueLittleRock,AR 72223 Little Rock,AR 72201 AREA:4.080 acres NUMBER OF LOTS:15 FT.NEW STREET:0 CURRENT ZONING:R-2,Single-family PLANNING DISTRICT:1 CENSUS TRACT:42.05 VARIANCES/WAIVERS REQUESTED: 1.Lots without public street frontage for Lots 2,3,4,5,8, &9. 2.A variance for a 25-foot platted building line adjacent to an arterial street. 3.A variance for a 15-foot platted building line for all interior lots. 4.A variance to allow double-frontage lots for Lots 13,14 and15. A.PROPOSAL: The applicant proposes to subdivide this 4.080 acre tractinto15single-family residential lots.The lots will beaccessedviaaprivatecul-de-sac off Pinnacle Valley Road.Lots 10,11 and 12 will have access from the rear via a 30-foot access easement shared by these lots and Lots 8 and 9. April 11,2002 ITEM NO.:C (Cont.)FILE NO.:S-992-N There will be a platted,no-access easement adjacent toPinnacleValleyRoad. B.EXISTING CONDITIONS: The site is an undeveloped site with a scattering of trees. There is a creek adjacent to the west property line.A newly developing single-family subdivision abuts the creek on the opposite side to the west.A new single-familyresidenceisunderconstructiontothenorthofthesiteandsingle-family residences are located to the south of thesite.Single-family residences on large lots are to theeastofthesite. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received several informational phone calls concerning the application.All property ownersabuttingthesite,all residents within 300 feet of the site who could be identified,and the River Valley Property Owners Association were notified of the Public Hearing. D .ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 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.Provide design of street conforming to "MSP"(MasterStreetPlan).Construct one-half street improvement to these streets including 5-foot sidewalk with the Planned Development.Design is to conform to existing road construction plans as prepared by Pulaski County.3.Improve corner curb radius to 30 feet radius with construction (existing corner radius is 25 feet).4.Provide access easement to residential property to the south. 5.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6.Storm water detention ordinance applies to this property. 7.Easements for proposed storm water detention facilities are required. 2 April 11,2002 ITEM NO.:C (Cont.)FILE NO.:S-992-N 8.A 20 feet radial dedication of right-of-way is requiredattheintersectionofPinnacleValleyRoadwiththe private street. 9.A Grading Permit will be required per Sec.29-186 (c) (d)~ 10.Streetlights are required on improved streets.11.City requests that lots fronting Pinnacle Valley Road be prevented access with a NO ACCESS easement,instead using an ACCESS easement along rear. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easementsifserviceisrequiredforproject.Contact Jim Boyd at376-2903 for details. Entercnr:No comment received. AT%LA:No comment received. Southwestern Bell:Approved as submitted. Water:Modification of water facilities installed previously,but not accepted by Central Arkansas Water,will be required.An acreage charge of $300/acre appliesinadditiontothenormalconnectionchargeinthisarea. Fire De artment:Place fire hydrants per ordinance. Contact Dennis Free at 918-3752 for details. Count Plannin No comment received. CATA:Site is near Bus Route ¹25 and has no effect on busradius,turnout and route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. Landsca e Issues:No comment. G.SUBDIVISION COMMITTEE COMMENT:(March 7,2002) Mr.Pat McGetrick of McGetrick and McGetrick Engineers waspresentrepresentingtheapplication.Staff noted some additions which were needed on the preliminary plat.StaffalsonotedtherewerefourvariancestotheSubdivision 3 April 11,2002 ITEM NO.:C (Cont.)FILE NO.:S-992-N Ordinance,which should be requested:a variance to allowlotswithoutpublicstreetfrontage,a variance for a 25- foot platted building line adjacent to an arterial street,a variance to allow interior lots to have a 15-foot platted building line and a variance for double frontage lots for Lots 13,14 and 15. Staff noted some of the lots did not appear to be build-ablelots.Staff requested a building footprint be shown on Lots 5,6~8 and 9.Staff noted the comments from Central Arkansas Water concerning the modifications to the previously installed water system and suggested the applicant contact the water department to eliminate the concern. Public Works staff stated the dedication of 45-foot right- of-way from the centerline of Pinnacle Valley Road would be required and the dedication should be shown on the preliminary plat.Public Works also noted the access easement on the south property line,which had beenidentifiedinpreviousdiscussion,and requested the easement be shown on the preliminary plat.Staff alsoindicatea10-foot no access easement adjacent to Pinnacle Valley Road would be required on Lots 1,6,7,13,14 and15. There was no further discussion.The Committee determined there were no outstanding issues associated with the proposed preliminary plat.The Committee then forwarded the application to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised plan addressing most of the issues raised by staf f at the Subdivision Committee meeting.The applicant requested four variances from the Subdivision Ordinance;a variance to allow double frontagelotsforLots13,14 and 15,a variance to allow Lots 2,3,4,5,8 and 9 to have no public street frontage,a variancetoallowa25-foot platted building line adjacent to anarterialstreetandavariancetoallowLots2,3,4,5,8, and 9 to have a 15-foot platted front building line. The developer has indicated he will construct 'c street improvements to Pinnacle Valley Road adjacent to the property.The applicant has also indicated a 10-foot no 4 April 11,2002 ITEM NO.:C (Cont.)FILE NO.:S-992-N access easement along Pinnacle Valley Road for the lots, which abut the roadway.The lots will be accessed by a 30- foot access easement along the rear of the lots. Staff is not supportive of the plat due to the number of variances requested.Staff is supportive of the site developing as single-family but,with the number of variances required,the developer may be trying to "over- build"the site.Although the density proposed isconsistentwithsingle-family development,(3.67 units peracre)the site does not lend itself to such density development pattern.The site has numerous limitations; lying adjacent to the Isom Creek and the 50-foot water line easement along the rear of the property. The site is also located adjacent to an arterial street, which requires a 35-foot front platted building line.The development is proposing a 25-foot front platted buildinglineadjacenttotheroadwaythusrequiringavariance.In addition,the interior lots do not meet the required 25-foot front platted building line,thus requiring an additional variance. Three of the 15 lots are double frontage lots.Double frontage lots are exclusively prohibited under the Subdivision Ordinance.The applicant has placed a 10-foot no access easement along the roadway as required by the Subdivision Ordinance thus minimizing these concerns. The applicant has prepared building footprints for severalofthelots,which appear to be unbuildable.Staff still has concerns whether these footprints will "fit"on the lots and allow the required side yard setbacks under the zoningordinance. I .STAFF RECOMMENDATIONS: Staff recommends denial of the proposed preliminary plat duetothelargenumberofvariancestotheSubdivision Ordinance required to develop the site as proposed. PLANNING COMMISSION ACTION:(MARCH 28,2002) Mr.Pat McGetrick,McGetrick and McGetrick Engineers was present representing the application.There were objectors present. 5 April 11,2002 ITEM NO.:C (Cont.)FILE NO.:S-992-N There were seven Commissioners present.The Chairman stated it was Planning Commission Policy to offer a deferral to the applicant when fewer than nine Commissioners were present.The applicant requested a deferral to the April 11,2002 Public Hearing. The application was place on the consent agenda for deferral. The vote passed by 7 ayes,0 noes and 4 absent. PLANNING COMMISSION ACTION:(APRIL 11,2002) Mr.Pat McGetrick was present representing the application. There were objectors present.Staff stated the applicant had requested a deferral of the item to the May 9,2002 Public Hearing.Staff stated the request was not made seven days prior to the meeting therefore,the request would take a waiver of the By-Laws. Mr.Harry Willems stated he was opposed to the deferral request. Mr.Willems stated this was the fourth month the Commission had received a request concerning this project.He stated the applicant had given short notice for the requested deferral not allowing the citizens sufficient time to be notified to not attend the meeting.Mr.Willems stated the group had taken off work to attend the meeting and should be allowed an opportunitytospeakconcerningtheapplication. Mr.Jim Lawson,Director of Planning and Development,stated this was the first deferral for this application.He stated the application was a new application and not the application the Commission had previously heard.He stated the deferral from the previous meeting was a by-right deferral due to the number of Commissioners present. Mr.Pat McGetrick stated the applicant was requesting thedeferraltoreviewneighborhoodcommentandconcernoverthe number of lots proposed.He stated the application had been reduced from a four-plex development to a duplex development to the current single-family.Mr.McGetrick stated the applicant was now looking at the possibility of reducing the intensity of the development. A motion was made to waive the By-Laws for the inadequatenotificationprocedureoftherequestfordeferral.The motion passed by a vote of 10 ayes,0 noes and 1 absent. 6 April 11,2002 ITEM NO.:C (Cont.)FILE NO.:S-992-N A motion was made to defer the item to the May 9,2002 Public Hearing.The motion passed by a vote of 9 ayes,1 noe and 1 absent. 7 April 11,2002 ITEM NO.:D FILE NO.:LU02-02-01 Name:Land Use Plan Amendment —Rodney Parham Planning District Location:11618 Huron Lane RecCuest:Singe Family tc Office Source:Darren Beavers,Estate of Mary Red PROPOSAL /REQUEST: Land Use Plan amendment in the Rodney Parham Planning District from Single Family to Office.The Office category represents services provided directly to.consumers (e.g.,legal,financial, medical)as well as general offices,which support more basic economic activities.The applicant wishes to develop the property for a chiropractic and acupuncture clinic. Prompted by this Land Use Plan amendment request,the Planning Staff expanded the area of review to include the neighboring properties to the north and east bordering the area shown as Commercial. EXISTING LAND USE AND ZONING: The applicant'property is currently a vacant house zoned R-2 Single Family and is approximately .42+acres in size.The neighboring lot within the expanded application area north of the applicant's property is an office zoned 0-3 General Office.The neighboring lot within the expanded application area to the eastisabuildingusedforaclinicandartgalleryzonedC-3 General Commercial.A series of office buildings is located to the north outside the expanded area and are zoned Planned Office Development.The land to the east of the expanded area consists of an assortment of businesses zoned C-3 on the north side of Huron Lane and offices and vacant land zoned 0-3 on the south side of the street to the east.The land to the south and west is developed with single family housing zoned R-2.The propertysittingtothenorthwestonGreenMountainDiveisanapartment complex zoned R-5 Urban Residence. April 11,2002 ITEM NO.:D (Cont.)FILE NO.:LU02-02-01 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On October 20,1998 a change was made from Suburban Office and Single Family to Commercial and Suburban Office on Markham Center Drive about 1 mile southeast of the applicant's property. The applicant's property,as well as the entire expanded application area is shown as Single Family on the Future Land Use Plan.The land to the north and east is shown as Commercial while the land to the southeast on Huron Lane is shown as Office.All of the neighboring property to the south and west is shown as Single Family.The property sitting to the northwest on Green Mountain Dive is shown as Multi-Family. MASTER STREET PLAN: Huron Lane is a Minor Commercial Collector without a bike lane street built to standard.Green Mountain Drive is shown on the Master Street Plan as a collector'treet and is built to standard.There are no bikeways shown on the Master Street Plan that would be effected by this amendment. PARKS: Grassy Flat Creek is shown on the Little Rock Parks and Recreation Master Plan of 2001 as a Potential Greenbelt located about &4 of a mile to the east on Huron Lane.Development of the applicant's property for non-residential uses may increase storm- water run-off into the drainage system of the neighborhood.This section of Green Mountain Drive runs along a boundary for a Neighborhood Service Deficit Area.Park facilities would need to be developed to close this small gap to provide park facilities within an eight block walking distance from this amendment area. HISTORIC DISTRICTS: There are no historic districts that would be effected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: A Neighborhood Plan is under development for this area. 2 April 11,2002 ITEM NO.:D (Cont.)FILE NO.:LU02-02-01 ANALYSIS: The applicant's property is located at a boundary between residential uses to the south and west and intense commercial uses to the north and east.Currently,the structures in the application area provide a buffer in a transition zone between conflicting uses.The apartments to the northwest and the commercial uses to the north are accessed from and face Green Mountain Drive.The office and retail uses to the east face Huron Lane and are accessed from that street.The non- residential uses to the east do not face conflicting uses.The apartments to the northwest act as an,area of transition between the non-residential uses and the areas shown as Single Family. The Office shown on Huron Lane provides a buffer between Single Family to the south and Commercial to the north.The existing non-residential uses on Huron Lane do not face residential uses. The house on the applicant's property is on a corner lot facing Huron Drive and Green Mountain with the garage facing Huron.Due to the prominence of the house resulting from the terrain and topography of the location,the residential appearance of the house should be maintained.The neighboring houses on Green Mountain face the street and the applicant's property,resulting in a direct visual impact on the neighborhood.Approval of this amendment would allow a non-residential use to face Single Family uses eroding the buffer between conflicting uses. With these changes,the entirety of the Single Family on the northeast corner of the Green Mountain Drive /Huron Lane intersection would be eliminated.It is thought that the additional area would provide a transition between the areas shown as Single Family to the south and west and the areas shown as Commercial to the north and east.Since the applicant's property faces Single Family uses,the residential character of the applicant's property should be maintained to preserve the residential character of the neighborhood. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Birchwood Neighborhood Association,Beverly Hills Property Owners Association,Colony West Homeowners Neighborhood Association, Echo Valley Property Owners Association,Rainwood Cove Property 3 April 11,2002 ITEM NO.:D (Cont.)FILE NO.:LU02-02-01 Owners Association,Santa Fe Heights Neighborhood Association, Sturbridge Property Owners Association,Treasure Hills Neighborhood Association,and Walnut Valley Neighborhood Association.Staff has received 1 comment from area residents. None are in support,1 is opposed to the change and none were neutral. STAFF RECOMMENDATIONS: Staff does not believe the change to Office is appropriate. Staff supports a change to Suburban Office to protect the residential character of the neighborhood located south of Huron Lane by establishing a buffer between residential and non- residential uses. PLANNING COMMISSION ACTION:(MARCH 28,2002) The item was placed on the consent agenda for deferral to the April 11,2002 Planning Commission meeting.A motion was made to approve the consent agenda and was approved with a vote of 7 ayes,0 noes and 4 absent. PLANNING COMMISSION ACTION:(APRIL 11,2002) Brian Minyard,City Staff,made a brief presentation to the commission. Mr.Terry Burruss,representing the applicant,made a request to withdraw the item without prejudice. A motion was made to approve the withdrawal of the item.The item was withdrawn with a vote of 10 ayes,0 noes,and 1 absent. 4 April 11,2002 ITEM NO.:D.1 FILE NO.:Z-7153 NAME:Pinnacle Chiropractic and Acupuncture LOCATION:11618 Huron Lane DEVELOPER:ENGINEER: Darren Beavers Terry Burruss,AIA 11330 Arcade Drive Suite 5 1202 Main Street Suite 230LittleRock,AR 72212 Little Rock,AR 72201 AREA:0.424 Acre NUMBER OF LOTS:1 FT.NEW STREET:0 CURRENT ZONING:R-2 ALLOWED USES:Single-family residential PROPOSED ZONING:POD for General and Professional Office Uses PROPOSED USE:Office VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The applicant proposes the conversion of an existing single- family residential structure into a Chiropractic and Acupuncture clinic.The applicant is also requesting other general and professional office uses be an allowable use under the Planned Development.The applicant proposes the placement of 12 parking spaces (including 4 staff spaces and 1 handicapped space)on the site. April 11,2002 ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153 B.EXISTING CONDITIONS: The site contains an existing single-family structure with a storage building located in the rear on the northeast corner of the lot.There is a substantial drainage structure located along the north property line.There is a mix ofofficeandcommercialusestotheeastofthesitelocated on Huron Lane and an office use directly to the north of thesitewithmini-storage units located further north on Green Mountain Drive.Multi-family on R-5 zoned property is located to the northwest across Green Mountain Drive. Single-family residences are located directly across the street on Green Mountain Drive to the west of the site and to the south of the site on Huron Lane. C.NEIGHBORHOOD COMMENTS: As of this writing staff has received several phone calls concerning the proposed application.Many of which were informational phone calls several were statements of opposition.All property owners within 200 feet of thesite,all residents within 300 feet of the site who could be identified and the Walnut Valley Neighborhood Association and the Pleasant Valley Property Owners Association were notified of the Public Hearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Huron Lane is classified on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 2.Provide design of street conforming to "MSP"(Master Street Plan).Construct one-half street improvements to the street including a 5-foot sidewalk with the Planned Development. 3.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Conform to driveway grade requirements,in particular. 4.All driveways shall be concrete aprons per City Ordinance. 5.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 2 April 11,2002 ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153 6.A 20-foot radial dedication of right-of-way is requiredattheintersectionofHuronLaneandGreenMountain Drive. 7.Appropriate handicap ramps will be required per current ADA standards. 8.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy.9.Easements shown for proposed storm drainage are required. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. EntercnEr:No comment received. ARKLA:No comment received. Southwestern Bell:Approved as submitted.Customer will have to pay for any telephone relocations that result from the new development. Water:No objection. Fire De artment:Place fire hydrants per ordinance. Contact Dennis Free at 918-3752 for details. Count Plannin :No comment received. CATA:Site is not located on a dedicated Bus Route and has no effect on bus radius,turnout and route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: The site is located in the Rodney Parham Planning District. The Future Land Use Plan indicates the site as Single-family as well as the properties to the west and south.The applicant has applied for a Planned Office Development to place a Chiropractic and Acupuncture Clinic at the location. A Land Use Plan amendment is a separate item on this agenda (see File No.LU02-02-01 Item No.7). 3 April 11,2002 ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153 Cit Reco nized Nei hborhood Action Plan: The area lies in an area not covered by a Neighborhood Action Plan. Landsca e Issues: The plan submitted does not allow for the required 9-foot wide street buffer and landscape strips required along both street frontages.This is a requirement by both zoning and landscaping ordinances.Additionally,no provision has been made for the 9-foot wide landscape strip along the eastern perimeter required by the landscape ordinance. Buildin Codes:No comment received. G.SUBDIVISION COMMITTEE COMMENT:(March 7,2002) Mr.Terry Burriss and Mr.Darren Beavers were present representing the application.Staff presented the item and noted additional information needed on the site plan (dumpster location,signage details,screening).Staff indicated additional information concerning days and hours of operation and the number of employees should be provided. Public Works comments were addressed.Staff stated the applicant would be required to construct 4 street improvements to Huron Lane.The applicant asked if a 15% hardship contribution was an option.Staff stated,if a request was made,Public Works would review the request. There was a general discussion concerning the parking lot and the landscaping requirement.Staff noted the landscaping on the east property line was "short"of the minimum requirement.Staff also noted no provision had been made for the street buffer requirement.The applicant questioned if staff would support the double stacking of employee parking.Staff stated the applicant would have to place signage to indicate reserved employee parking accordingly. The Committee determined there were no more issues associated with the proposed development.The Committee then forwarded the item to the full Commission for final action. 4 April 11,2002 ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153 H.ANALYSIS: The applicant submitted a revised plan addressing most of the issues raised by staff at the Subdivision Committee meeting.The applicant has eliminated one of the proposed parking spaces nearest Huron Lane and designated a handicap space. The applicant has indicated a single ground mounted sign will be located in the front yard setback on the corner of Green Mountain Drive and Huron Lane.The sign will be a maximum of 6-feet in height and be placed 5-feet from the property line. The applicant is proposing the placement of a sidewalk along Huron Lane to align with the existing sidewalk.The sidewalk on Green Mountain Drive is currently in place. The applicant is proposing a 6-foot wooden fence to extend from the property line to the rear on the east side of the property.This meets the maximum fence height according to the zoning ordinance between the street right-of-way and the building setback for office fence standard. The applicant proposes the days and hours of operation to be Monday through Friday from 9:00 am to 5:00 pm.The applicant has stated there will be a total of four employees reporting to the site . The applicant cannot meet the minimum landscaping requirement for the east and west property line.The applicant is making application to the City Beautiful Commission for the required variances. Staff is not supportive of the proposed rezoning for this type use.The applicant has indicated he will not utilize the entire structure and will lease a portion of the site for some type of general or professional office use.Staff feels the chiropractic clinic,with the addition of some other general or professional office use,will generate a large amount of traffic. In addition,the large number of parking spaces required for a medical office use causes the site to be,for the most, part,building and concrete.This does not leave the 5 April 11,2002 ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153 structure to appear very single-family in character.With a professional or general office type use the parking,one space per four hundred square feet of gross floor area (6 parking spaces required),is substantially less than the six parking spaces per doctor required.Since the applicant has not indicated the second type use,it is difficult to tell the exact number of spaces required but one could assume a minimum of 9 parking spaces would be required if the doctor uses 'w the square footage and leases the remainder to a general or professional office use. Staff anticipates the site will not remain single-family in perpetuity.If this is in fact the case,Staff feels the site would be better served with a lesser intensity use, which would have a lesser impact on the surrounding neighborhood.The area to the north and east contain non- residential uses but the area to the west and south consist of well established,well maintained single-family homes. Staff feels an insurance office or general accounting office would generate a limited number of clients to the site,thus minimizing the negative impact on the surrounding neighborhood. I .STAFF RECOMMENDATIONS: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION:(MARCH 28,2002) Mr.Darren Beavers and Mr.Terry Burruss were present representing the application.There were objectors present. There were seven Commissioners present.The Chairman stated it was Planning Commission Policy to offer a deferral to the applicant when fewer than nine Commissioners were present.The applicant requested a deferral to the April 11,2002 Public Hearing. The application was place on the consent agenda for deferral. The vote passed by 7 ayes,0 noes and 4 absent. 6 April 11,2002 ITEM NO.:D.1 (Cont.)FILE NO.:Z-7153 PLANNING COMMISSION ACTION:(APRIL 11,2002) Mr.Terry Burris was present representing the application.There were several objectors present.Staff presented the item stating the application did not met the minimum landscaping requirements. Staff stated the applicant had applied to the City Beautiful Commission for a variance to reduce the landscaping and maintain the current parking layout.Staff stated the City Beautiful Commission had unanimously denied the request for the reduced landscaping. Staff stated the applicant was informed he could revise the site plan to meet the minimum landscaping requirement and resubmit to the Planning Commission for review.Staff stated the applicant had indicated he was unwilling to reduce the number of parking spaces due to the need for the current number of parking spaces shown.Staff stated with the denial from the City Beautiful Commission the Planning Commission was unable to approve the site plan which was being presented. A motion was made to approve the request for rezoning as filed. The motion failed by a vote of 0 ayes,10 noes and 1 absent. 7 April 11,2002 ITEM NO.:1 FILE NO.:Z-5910-A Owner:John J.Nosal Applicant:McGetrick and McGetrick Location:Southwest corner of Geyer Springs and Forbing Roads Area:0.34 acre Request:Rezone from C-3 to C-4 Purpose:Expansion of car wash Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Commercial (across Forbing Road);zoned C-3 South —Commercial;zoned C-4 East —Commercial (across Geyer Springs Road); zoned C-3 West —Commercial (car wash);zoned C-4 A.PUBLIC WORKS COMMENTS: 1.Geyer Springs 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.Forbing 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. April 11,2002 ITEM NO.:1 (Cont.)FILE NO.:Z-5910-A 3.A 20 foot radial dedication of right-of-way is required at the intersection of Geyer Springs and Forbing Roads. With Buildin Permit: 4.Provide design of streets conforming to "MSP" (Master Street Plan).Construct one-half street improvements to these streets including 5-foot sidewalks with planned development. 5.Appropriate handicap ramps will be required per current ADA standards. 6.Driveways shall conform to Sec.31-210 or Ordinance 18,031. B.PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Routes 17 and 17A. C.PUBLIC NOTIFICATION: All owners of property located within 200 feet of thesite,all residents within 300 feet who could be identified and the Geyer Springs,Wakefield,Cloverdale and SWLR UP Neighborhood Associations were notified of the proposed rezoning. D .LAND USE ELEMENT: Plannin Division: This request is located in the Geyer Springs-West Planning District.The Land Use Plan shows Commercial for this property.The applicant has applied for a zone change from C-3 General Commercial to C-4 Open Display Commercial for expansion of an existing car wash. Cit Reco nized Nei hborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. 2 April 11,2002 ITEM NO.:1 (Cont.)FILE NO.:2-5910-A E.STAFF ANALYSIS: The request before the Commission is to rezone the 0.34 acre property at the southwest corner of Geyer Springs and Forbing Roads from "C-3"General Commercial District to "C-4"Open Display District.The site was previously occupied by a convenience store with gas pumps.The convenience store building has been removed from the site,with the gas pump canopy remaining.The property owner wishes to rezone the property to C-4 in order to expand the existing car wash facility located immediately to the west. Staff is supportive of the rezoning request.There is C-4 zoned property located immediately west and south of this property,with industrial zoning (I-2)further to the west and northwest.As was mentioned earlier, the C-4 zoned property immediately west contains a car wash facility,with the C-4 zoned property to the south being previously used for boat sales.The properties located across Geyer Springs Road to the east and across Forbing Road to the north are zoned C-3 and contain commercial uses. The Geyer Springs-West District Land Use Plan recommends Commercial for this site.The Plan also shows Commercial for the adjacent properties,including across the two adjacent streets.Staff believes the C-4 rezoning request is compatible with uses and zoning in the area,and conforms to the adopted Land Use Plan. F .STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 zoning. PLANNING COMMISSION ACTION:(APRIL 11,2002) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for approval,as 3 April 11,2002 ITEM NO.:1 (Cont.)PILE NO.:Z-5910-A recommended by staff.A motion to that effect was made. The motion passed by a vote of 10 ayes,0 nays and 1 absent. 4 April 11,2002 ITEM NO.:2 FILE NO.:Z-6504-A Owner:Max Davis Applicant:McGetrick and McGetrick/Leonard Boen Location:Southeast corner of Interstate 430 and Colonel Glenn Road Area:12.99 acres Request:To revoke the existing POD zoning and rezone the property to 0-3 and C-3. Purpose:Future development Existing Use:Undeveloped SURROUNDING LAND USE AND ZONING North —TV/Radio studios and event center (old Sam's building)and undeveloped;zoned C-2 and C-3 (across Colonel Glenn Road) South —Single family residential;zoned R-2 (across Talley Road) East —Undeveloped;zoned 0-3 and C-3 West —Car dealership and undeveloped commercial;zoned C-3 and C-4 (across I-430) A.PUBLIC WORKS COMMENTS: 1.Dedicate ROW on Talley Road to 30 feet from centerline. April 11,2002 ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A With Buildin Permit: 2.If property is to take access from Talley Road,full width reconstruction to "MSP"standards recpxired to intersection with current planned improvements. B.PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C.PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Stagecoach-Dodd,John Barrow and SWLR UP Neighborhood Associations were notified of the public hearing. D .LAND USE ELEMENT: This recgxest is located in the 65 Street-West Planning District.The Land Use Plan shows Suburban Office for this pioperty.The applicant has applied for a revocation of an existing Planned Office Development to rezone for 3.28 acres of C-3 General Commercial and 9.71 acres of 0-3 General Office.The commercial zoning would be at the northern edge of the property at the interstate intersection.The bulk of the property would be zoned 0-3 which would extend the existing office zoning to the west.This zoning change would extend the existing zoning and land use pattern to the west.The applicant wishes to develop the property for commercial and office uses,possibly a uniform development with the property to the east. Staff feels that a land use plan change for this property is not necessary at this time. Cit Reco nized Nei hborhood Action Plan: The applicant'property lies in the area covered by the Stagecoach-Dodd Neighborhood Action Plan.The Traffic and Transportation goal listed an objective of improving the flow of traffic on arterial roadways and recommended the reconstruction of Colonel Glenn Road from Shackleford Road to I-430.The Zoning and Land Use goal contained an objective of preserving the 2 April 11,2002 ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A residential character of the area and included an action statement in opposition to the construction of billboards in the Stagecoach-Dodd area,includingI-430. E.STAFF ANALYSIS: On September 1,1998 the Board of Directors passed Ordinance No.17,805 which rezoned this 12.99 acre property at the southeast corner of I-430 and Colonel Glenn Road from R-2 to POD.The approved POD allowed a three (3)building office development.The approvedsiteplanincluded105,400 square feet of building area (one and two story construction),with associated paved drives and 409 parking spaces.The approved plan had two (2)access points from Talley Road.This previously approved office facility was never developed and therefore,the POD has expired. The property owner,Max Davis,requests to revoke the previously approved POD and rezone the property to 0-3 and C-3.Mr.Davis proposes to rezone the north 3.28 acres to C-3 and the south 9.71 acres to 0-3,thereby extending the existing C-3/0-3 zoning immediately eastofthissitetotheinterstate.Mr.Davis plans tosellthispropertytoLeonardBoen,the property owner to the east,for a unified development which would take access from Colonel Glenn Road and the north/south section of Talley Road. The 12.99 acre property is undeveloped and wooded.Asstatedpreviously,the property immediately east of this site is zoned C-3 and 0-3,with site work currently being done for future development.The property to the south across Talley Road is zoned R-2 and contains two (2)single family residences,and is shown as Suburban Office on the Land Use Plan.ThereisacardealershipandundevelopedC-4 and C-3 zoned property across I-430 to the west.TV/Radio studios and an event center in the old Sam's building and undeveloped C-3 zoned property are located across Colonel Glenn Road to the north.The proposed 0-3 and C-3 zonings are compatible with the uses and zoning in the area. 3 April 11,2002 ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A The 65 Street-West District Land Use Plan recommends Suburban Office for this property.As noted in paragraph C.,staff feels that a land use plan amendment is not necessary at this time,based on thefactthatthebulk(75 percent)of this property is proposed to be zoned 0-3 and sold to the property owner to the east for a unified development.The north 4 of the property proposed to be zoned C-3 would also be joined with the adjacent C-3 property which fronts on Colonel Glenn Road and the north section of Talley Road. Staff is supportive of the POD revocation and rezoning request.On January 16,2001 the Board of Directors passed Ordinance No.18,418 which rezoned the 60 acres immediately east of this property.The north 36 acres was zoned to C-3,with the south 24 acres being zonedto0-3.The south 35 feet of the property (along the north side of the east/west section of Talley Road)was zoned OS,Open Space District.This was done to prohibit access to the 60'acre development from the east/west section of Talley Road and buffer the single family property on the south side of this street.Staff believes it would also be appropriate to place asimilar35footOSzonedstripalongthesouth perimeter of this subject property.The said 35 feetistobemeasuredfromthesouthpropertylineafter the required right-of-way is dedicated for Talley Road. F .STAFF RECOMMENDATION: Staff recommends approval of the requested POD revocation and 0-3/C-3 rezoning subject to the following conditions: 1.Compliance with the Public Works requirements as noted in paragraph A.of this report.2.The south 35 feet of the tract (after right-of-way dedication for Talley Road)must be zoned OS,Open Space. April 11,2002 ITEM NO.:2 (Cont.)FILE NO.:Z-6504-A PLANNING COMMISSION ACTION:(APRIL 11,2002) The applicant was present.There were no objectors present. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for approval,as recommended by staff.A motion to that effect was made. The motion passed by a vote of 10 ayes,0 nays and 1 absent. 5 April 11,2002 ITEM NO.:3 FILE NO.:LU02-14-01 Name:Land Use Plan Amendment —Geyer Springs-East Planning District Location:1 Voorhees Dr. RecCuest:Low Density Residential to Commercial Source:Jim Hill,Putnam Realty Inc. PROPOSAL /REQUEST: Land Use Plan amendment in the Geyer Springs-East PlanningDistrictfromLowDensityResidentialtoCommercial.The Commercial category includes a broad range of retail and wholesale sales of products,personal and professional services,and general business activities.Commercialactivitiesvaryintypeandscale,depending on the trade area they serve.The applicant wishes to use the propertyforcommercialpurposes. EXISTING LAND USE AND ZONING: The property is currently zoned R-2 Single Family with non- conforming C-4 Open Display Commercial uses and is approximately 4.08+acres in size.Two shop buildings occupy the southwest portion of the property.The primary building is a truck repair shop building with a six-bay garage;a smaller three-bay garage building is adjacent on the western part of the property. All of the surrounding zoning is R-2.Properties to the north include two manufactured housing developments.ThefirstdevelopmentislocatedonthenorthlegofVorhees andconsistsofvacantboardeduppre-1974 manufactured homes. The second manufactured housing development is located on Regina Circle.The property to the east consists of houses located on Fairlee Drive and Stratton Avenue.In addition, to the east of the application area is a property consistingofahouse,motorcycle sales,two cabinet shops,an upholstery shop and one warehouse.Uses south of the applicant's property consist of houses,large out buildings, and manufactured homes.Property to the west consists of a day care center,a church,and a house. Apri 1 11,2002 ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01 A mixture of uses is located in the vicinity of the applicant's property along Stanton Road.Starting at the north end of the neighborhood,a convenience store is located on the southwest corner of the I-30 Frontage Road and Stanton Road.Three blocks south of the convenience store,is a machine shop on the west side of Stanton Road at Stanton and Voorhees.South of Vorhees on the east side of Stanton Road are two more day care centers.A fencing company is located south of Vorhees on the east side of Stanton Road between Vorhees and Larry Circle.The remainder of the uses on Stanton Road is a mixture of single-family houses and manufactured homes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On October 5,1999 a change took place from Multi-Family to Mixed Office Commercial and Commercial in the 9100 block of Lew Drive about 8 of a mile southwest of the property in question. On September 1,1998 a change took place from Low Density Residential to Commercial at 4201 Baseline Road about 2/3 of a mile southeast of the application area. On September 16,1997 a change took place from Single Family to Multi-Family at 3615 —3706 American Manor Drive about,1 mile southeast of the review area. On May 20,1997 a change took place from Mixed Office Industrial to Commercial at 8001 I-30 about 1/10 of a mile north of the area under review. The property under review as well as all of the surrounding property is shown as Low Density Residential on the Future Land Use Plan. MASTER STREET PLAN: Vorhees Drive is a substandard commercial street,with a 30-foot Right-of-way.The east-west portion of Vorhees is a paved street with open drainage.The north-south leg of Vorhees consists of a gravel surface.Stanton Road is shown on the Master Street Plan as a Collector Street and is built to standard.There are no bikeways shown that would be affected by this amendment. 2 April 11,2002 ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01 PARKS: The nearest park shown on the Little Rock Parks and Recreation Master Plan of 2001 is Wakefield Park,listed as a neighborhood park of 5 —20 acres.Wakefield Park provides a playground,a basketball pad,a tennis court,a lighted baseball field,a restroom,and a picnic area.The park is located about a 'c mile to the northwest of the application area at Fisher Street and Woodson Road.This park primarily serves the Geyer Springs and Wakefield neighborhoods and would not be affected by this amendment., This amendment is located in a neighborhood service deficit area.Additional park facilities would need to be developed closer to the amendment area to provide adequate parkfacilities. HISTORIC DISTRICTS: There is not any historic districts near-by that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant'property lies in the area covered by the Upper Baseline Neighborhood Action Plan.The Neighborhood and Housing Revitalization goal contained an action statement of encouraging Low Density Residential development in the area.The Economic Development goal contained an objective of retaining existing businesses,and when necessary,finding new businesses to replace those that close. ANALYSIS: The applicant's property is an existing non-conforming use, formerly used as a truck repair business,and located in a marginal neighborhood characterized by a mixture of residential and non-residential uses.The property in the application area is accessed at the point where Vorhees Drive curves toward the north,providing the property with a minimum amount of street frontage.The northeast portion of the study area touches Fairlee Drive and could potentially be accessed by Fairlee.This amendment could produce commercial traffic on Fairlee Drive.Traffic accessing the 3 April 11,2002 ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01 property in question must already pass the two houses located on Vorhees at Stanton Road.The current access ofthepropertyfromVorhees,and the potential of access tothepropertyfromFairlee,could cause a conflict of traffic between residents living in the area and commercial vehiclesaccessingthepotentialcommercialuseslocatedinthe application area.Any Commercial development would generatetrafficthatwouldaffecttheresidentslivingonVorhees and Fairlee. Any Commercial development of the property would need tomitigatetheimpactsofcommercialtrafficpassingthrough,residential areas.Commercial traffic impacts on neighboring residential properties could be minimized bylimitingcommercialtraffictoVorheesandimprovingVorhees Drive while limiting the use of Fairlee Drive to accessingresidentialuses.Although other .non-conforming uses arelocatedintheneighborhood,those uses are accessed fromeitherStantonRoadorDoyleSpringsRoad,not the sidestreets. Any development of Commercial uses would need a sufficient,buffer between any buildings and parking lots and the neighboring residential uses to compensate for the scale and massing of future buildings built on the property.Withoutsufficientbuffers,the neighboring residential properties would be impacted by intense commercial uses on the applicant's properties.Any commercial development in thisareashouldbelimitedtothetypesofcommercialusesthat would have the minimum amount of impact residential uses. This amendment would place Commercial uses in a locationthatisaccessedbyacommercialstreetthatisnotbuilt to handle commercial traffic and create an island of land shownasCommercialsurroundedbylandthatisshownasLow Density Residential. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood, associations:O.U.R.Neighborhood Association,UpperBaselineNeighborhoodAssociation,Windamere Neighborhood Association,and Woodland Ridge Property Owners Association.Staff has received one comment from area residents.The one comment was neutral. 4 April 11,2002 ITEM NO.:3 (Cont.)FILE NO.:LU02-14-01 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.This amendment could produce new commercial traffic in residential areas and create an island of Commercial in the middle of an area shown as residential on the Land Use Plan. PLANNING COMMISSION ACTION:(APRIL 11,2002) The item was placed on the consent agenda for deferral to the May 23,2002 Planning Commission meeting.A motion was made to approve the consent agenda and was approved with a vote of 10 ayes,0 noes and 1 absent. 5 April 11,2002 ITEM NO.:3.1 FILE NO.:Z-7160 Owner:William L .Hu f f s tutlar Applicant:Jim Hill,Putnam Realty,Inc. Location:51 Voorhees Drive Area:4.08 acres Request:Rezone from R-2 to C-4 Purpose:Continuance of nonconforming truck repairbusiness Existing Use:Vacant commercial buildings and undeveloped SURROUNDING LAND USE AND ZONING North —Mobile home park and undeveloped property;zoned R-2 South —Mobile home park,single family residences anddaycarecenter;zoned R-2 East —Single family residences,undeveloped propertyandnonconformingcommercialuses;zoned R-2 West —Undeveloped property,nonconforming commercialusesandsinglefamilyresidences;zoned R-2 A.PUBLIC WORKS COMMENTS: 1.Voorhees Drive is classified on the Master Street Plan as a commercial street.Dedicate right-of-wayto30feetfromcenterline. April 11,2002 ITEM NO.:3.1 (Cont.)FILE NO.:Z-7160 With Buildin Permit: 2.Future improvements will require one-half street improvements per Master Street Plan. B.PUBLIC TRANSPORTATION ELEMENT: The site is located near CATA Bus Route 515 (Stanton Road). C.PUBLIC NOTIFICATION: All property owners located within 200 feet of thesite,all residents within 300 feet who could beidentifiedandtheUpperBaseline,Windamere,Wakefield and SWLR UP Neighborhood Associations were notified of the proposed rezoning.Staff received a phone call from Pat Gee of the Upper Baseline Neighborhood Association,expressing opposition to the proposed C-4 rezoning. D.LAND USE ELEMENT: Plannin Division: This request is located in the Geyer Springs-East Planning District.The Land Use Plan shows Low DensityResidentialforthisproperty.The applicant has applied for a zone change from R-2 Single Family to C-4 Open Display Commercial.The applicant wishes to rezone an existing nonconforming truck repair business with C-4 uses. A land use plan amendment for a change to Commercial is a separate item on this agenda. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered bytheUpperBaselineNeighborhoodActionPlan.The Neighborhood and Housing Revitalization goal contained an action statement of encouraging Low Density Residential development in the area.The Economic Development goal contained an objective of retaining existing businesses,and when necessary,finding new businesses to replace those that close. 2 April 11,2002 ITEM NO.:3.1 (Cont.)FILE NO.:Z-7160 E.STAFF ANALYSIS: The request before the Commission is to rezone this4.08 acre tract from "R-2"Single Family District to"C-4"Open Display District.The south portion (2.87acres)of the property is occupied by two (2) commercial buildings which appear to be vacant.The buildings previously housed a truck repair business. The north 1.21 acres is undeveloped and wooded.The property is accessed from the end of Voorhees Drive, which runs east from Stanton Road.The applicant proposes to rezone the property in order to legitimize the previous truck repair business so that the property can be sold.A land use plan amendment has also beenfiledforthisproperty(Item 3 on this agenda). The property is in an area along Stanton Road which contains a mixture of uses,most of which are nonconforming.All of the surrounding properties are zoned R-2,Single Family Residential.There are nonconforming commercial and industrial type uses alongStantonRoadandtotheeastofthisproperty.Therearealsodaycare/school uses and a number of mobile home parks in the general area. Staff does not support the requested rezoning.The Geyer Springs-East District Land Use Plan recommends Low Density Residential for this property,as well asallofthesurroundingproperties.Staff does notbelievethattherequestedC-4 zoning would be compatible with the uses and zoning in the area,nor conform to the adopted Neighborhood Action Plan, especially in light of the fact that a portion of the property the applicant is proposing to rezone is undeveloped.Staff does not believe it would be appropriate to place 4.08 acres of C-4 zoning at thislocation,in the middle of a R-2 zoned area which contains a number of single family structures.The rezoning of this property to C-4 could hinder thepossibilityofafutureresidentialrevitalization for the area. When the applicant initially met with staff to discuss the possibility of rezoning this property,staff suggested a rezoning to PD-C just for the developed 3 April 11,2002 ITEM NO.:3.1 (Cont.)FILE NO.:Z-7160 portion of the property (south side of Voorhees Drive). This type of rezoning would legitimize the existing nonconforming use of the portion of the property whichisdeveloped,without leaving the remainder of the property open for additional commercial development. This would allow the existing commercial buildings to be reconstructed if they were ever damaged beyond 50 percent of the current replacement value.This type of zoning action has been used in the past,without Land Use Plan Amendments,to recognize and legitimize nonconforming uses. F .STAFF RECOMMENDATION: Staff recommends denial of the requested C-4 zoning. PLANNING COMMISSION ACTION:(APRIL 11,2002) Staff informed the Commission that the applicant had requested that the application be deferred (via a phone call to staff on this date)to the May 23,2002 agenda.Staff supported the deferral request. With a vote of 9 ayes,1 nay and 1 absent,the Commission voted to waive the bylaws and accept the applicant's request for deferral,being less than five (5)working days prior to the public hearing. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for deferral to the May 23,2002 agenda.A motion to that effect was made.The motion passed by a vote of 10 ayes,0 nays and 1 absent. 4 April 11,2002 ITEM NO.:4 FILE NO.:Z-1513-C NAME:Little Rock Monthly Meeting Religious Society of Friends —Revised Conditional Use Permit LOCATION:3415 West Markham OWNER/APPLICANT:Little Rock Monthly Meeting Religious Society of Friends/Barbara Stanford PROPOSAL:The Quaker Meeting Group requests approval of a revision of a previously'pprovedConditionalUsePermit which permitted use of this R-3 zoned propertyasachurch. STAFF REPORT: On April 4,1995,the Planning Commission approved aconditionalusepermitallowingtheLittleRockFriends Meeting (Quakers)to use the fi'rst floor of the R-3 zonedresidentialstructurelocatedat3415WestMarkhamStreet asachurch.The upper floor of the structure is rented as an apartment so that the house does not stay empty during the week.The house is located on the eastern 1/3 of the property.The western 2/3 of the property is yard. The applicant desired to maintain the residential characteroftheproperty,so minimal changes were proposed.When theC.U.P.was approved,there were several conditions imposed by the Planning Commission.The conditions were as follow: 1.Compliance with the City Engineer's Comments as follow: a.Dedicate additional right-of-way for Markham,of 70 feet from centerline required;however, recommend 5 foot of additional dedication due tolocationofresidence. b.Repair broken driveway apron (onto West Markham). c.Remove rock wall from dedicated right-of-way. Widen sidewalk to 5 feet and provide minimum of 4 feet around utility pole.Install HC access April 11,2002 ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C ramps at intersection. d.Provide concrete apron at driveway entrance(onto Valmar). e.Stormwater detention analysis will be requiredforpavingandparking. 2 .Compliance with the City'Landscape and BufferOrdinancesincludingtheinstallationofa6-foot tall opaque screen along the entire length of the southpropertyline. 3.Any signage is to be "low-key"'nd placed on the Markham Street frontage.The ground mounted sign is tobenolargerthan4squarefeetinareaand6feetinheight. 4.Any parking lot lighting is to be low-level anddirectional,aimed away from adjacent properties. 5.The approval is to be limited to this specific use.Should the applicant ever vacate the property,it is toreverttoresidential. 6.Construction of a paved parking lot on the portion ofthepropertywestoftheresidentialstructure. The church subsequently dedicated the right-of-way andreceiveda5-year deferral of the requirement to construct,awidenedsidewalkontheMarkhamStreetfrontage.The driveway onto Markham was closed and a concrete apron wasconstructedintheright-of-way for the Valmar Street driveway.A small ground-mounted sign was installed and an opaque screen (shrubbery)was planted along the southperimeter.Those plants have died and will be replaced tomeetthescreeningrequirement. There are two issues that have prompted the request to amendtheC.U.P. First,the church is requesting a waiver of the requirementtoconstructa5footsidewalkalongtheentireMarkhamStreetfrontage.They do propose to construct the 5 footsidewalkinfrontofthestructureitselfandwillconstructahandicaprampatValmarStreet.Constructing the 2 April 11,2002 ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C remainder of the 5 foot sidewalk would require the removalofanhistoric,fieldstone and wrought iron wall.Thechurchtookbidsfortearingdownandreconstructingthewall,out of the right-of-way.The bids of $10,055 and $9,800 exceed the financial ability of this smallcongregation.The H.M.Anderson House located at 3415 WestMarkhamwasbuiltin1926andhasbeenlistedontheNationalRegisterofHistoricPlaces.The wall is adefiningcharacteristicofthepropertyandanydemolitionordeconstructionofthewallwillalterthepropertyfromtheoriginalhistoricsurvey.Letters have been receivedfromtheDepartmentofArkansasHeritageandtheCapitolView-Stifft Station Neighborhood Association stating theirpositionthatthewallisacontributinghistoricstructureandshouldbeallowedtoremain,as is.The sidewalkbetweenthewallandstreetisapproximately3feetinwidth,similar to the remainder of the sidewalk along thisportionofMarkhamStreet. For these reasons,staff is supportive of the requestedwaiverandwillsupporttheplansubmittedbythechurch toconstructa5footsidewalkinfrontofthebuildingandtoconstructthehandicaprampatValmarStreet. The second issue concerns the previously approved,pavedparkinglot.The church would like to continue the presentparkingarrangementonthegravelandgrass.The church hastwenty-two members,scattered from London to Texas.Therearerarelymorethan6carsonthesitefortwohoursonSundaymornings.The church states the grass parking areaisconsistentwithitsdesiretomaintainthehistoricalandresidentialcharacteroftheproperty.Staff is supportiveofthisrequestsubjecttoannualreviewbystaff.If thegrass,parking area is not maintained and becomes a "muddymorass",it will be brought back to the Commission forreconsideration.Staff also believes it is appropriate torequirealengthofasphaltorconcretedrivewayattheValmarStreetentrancetopreventdebrisbeingdraggedontothepublicright-of-way. With these two proposed changes,staff believes the use ofthesitebytheQuakerChurchwouldcontinuetobecompatiblewiththeneighborhood.The conditional usepermitisforthisorganizationonly.If the church vacatesthesite,it will revert to single family residential useonly. 3 April 11,2002 ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C SUBDIVISION COMMITTEE COMMENT:(MARCH 21,2002) Barbara Stanford was present representing the Church.Staff presented the item and noted the requested revisions to the approved C.U.P.Staff's comments regarding annual review and the requirement to construct a length of paved driveway and to reinstall the 6 foot opaque screen were noted.Ms. Stanford stated she saw no problem with those conditions. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF RECOMMENDATION: Staff recommends approval of the requested revisions to the approved C.U.P.subject to compliance with the following conditions: 1.The 5 foot sidewalk in front of the structure and the handicap ramp at Valmar Street are to be constructed as proposed by the applicant. 2.A 20 foot deep by 12 foot wide asphalt or concrete paved driveway is to be constructed at the Valmar Street entrance to prevent debris being dragged onto the public right-of-way.This driveway is to begin at the property line and be constructed on the church property. 3.Staff will review the unimproved parking lot on an annual basis to determine if the area is being maintained.If the area becomes unacceptably rutted or muddy,the issue will be returned to the Commission for reconsideration. 4.The required,6 foot opaque screen along the south property line is to be reinstalled. PLANNING COMMISSION ACTION:(APRIL 11,2002) The applicant was present.There were no objectors present.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the 4 April 11,2002 ITEM NO.:4 (Cont.)FILE NO.:Z-1513-C "Staff Recommendation"above.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 10 ayes,0 noes and 1 absent. 5 April 11,2002 ITEM NO.:5 FILE NO.:Z-4758-A NAME:Metropolitan Vocational and Technical School Conditional Use Permit LOCATION:7701 Scott Hamilton Drive OWNER/APPLICANT:Little Rock School District/The Borne Firm Architects PROPOSAL:A conditional use permit is requestedtoallowfortheexpansionand remodeling of this existing school. The property is zoned R-2,Single Family. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The property is located at the southeast corner ofScottHamiltonDriveandI-30. 2.COMPATIBILITY WITH NEIGHBORHOOD: This vocational and technical school is located in anareathatisprimarilyindustrialinnature. Surrounding uses,including those across I-30,arealmostexclusivelywarehousing,wholesaling and manufacturing.A pocket of C-3 and C-4 zonedpropertiescontaining3hotels,a convenience store andarestaurantislocatedacrossScottHamilton,to thewest.A small cemetery is located on R-2 zoned property to the northeast.The proposed expansion and remodeling of this school will not affect its continuedcompatibilitywiththeneighborhood.All owners of property located within 200 feet of the site,allresidentswithin300feetwhocouldbeidentified andtheUpperBaselineandSWLRUPNeighborhoodAssociations were notified of this proposal. 3.ON SITE DRIVES AND PARKING: The school currently has 46 classrooms.The expansion and remodeling will result in 6 additional classrooms and a distance learning center.A 52 classroom secondary school requires 312 on-site parking spaces (6 April 11,2002 ITEM NO.:5 (Cont.)FILE NO Z-4758-A per classroom).The site will have 332 parking spaces,once the expansion is completed.The site is served byoneaccessdriveontoScottHamilton.A little-used,secondary drive takes access from Stenger Road,behindtheschool.No new parking will be created.Theexistingpaved-parking will be improved,includingstripingandlandscaping. 4 .SCREENING AND BUFFERS: New areas set aside for landscaping comply withlandscapeordinanceupgraderequirements.Irrigation,to water new landscaped areas will be required. 5.PUBLIC WORKS COMMENTS: 1.Scott Hamilton is classified on the Master StreetPlanasaminorarterial.A dedication of right-of- way 40 feet from centerline will be required.2.A 20 feet radial dedication of right-of-way isrequiredattheintersectionofScottHamilton andI-30 Service Road. With Buildin Permit: 3.Construct sidewalks on Scott Hamilton in accordancewithSec.31-175. 4.Repair or replace any curb and gutter or sidewalkthatisdamagedinthepublicright-of-way prior tooccupancy. 5.Appropriate handicap ramps will be required percurrentADAstandards. 6.Plans of all work in right-of-way shall be submittedforapprovalpriortostartofwork.7.Control erosion from the site into ROW on StringerRoad. 6.UTILITY,FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:No Comments received. Reliant:No Comments received. Southwestern Bell:No Comments received. 2 April 11,2002 ITEM NO.:5 (Cont.)FILE NO.-'-4758-A Water:Contact Central Arkansas Water if larger and/oradditionalwatermeter(s)are required.It appearsthatthebuildingexpansionwillbeoverthewaterlinegoingintothebuilding. Fire Department:Approved as submitted. Count Plannin :No Comments received. CATA:Site is located on bus route 4 15 and has noeffectonbusradius,turnout and route. Plannin Division:No issues. SUBDIVISION COMMITTEE COMMENT:(MARCH 21,2002) Doug Eaton and Robin Borne were present representing theapplication.Staff presented the item and noted thatadditionalinformationwasneededregardingthenumber ofclassrooms,existing and proposed;the height of thebuilding,existing and proposed;signage;fencing;anddumpsterlocation.Public Works Comments were presented anddiscussed.It was determined that there was already moreright-of-way in place than required by the Master Streetplan.The applicant indicated the remainder of staffcommentswouldbecompliedwith.It was noted that theexistingparkinglotswouldbeupgradedwithlandscaping.The applicant was advised to respond to staff comments byMarch27,2002.The Committee determined there were nootherissuesandforwardedtheitemtothefullCommission. STAFF ANALYSIS: Metropolitan Vocational and Technical School,a campus oftheLittleRockSchoolDistrict,occupies the R-2 zoned,17.8+acre tract located at,7701 Scott Hamilton Drive.Theschoolcurrentlyconsistsofa76,932 square foot shopbuilding,a 9,132 square foot library and computer buildingandan18,520 square foot classroom building tied togetherbyacoveredwalkway. Paved parking lots are located on the south,east and westsidesofthebuildings.There are a total of 46 classroomsintheschool;23 in the classroom building,22 in the shop 3 April 11,2002 ITEM NO.:5 (Cont.)FILE NO.:Z-4758-A building and 1 in the library/computer building. The Little Rock School District proposes to remodel and expand the school by converting one of the shop bays in the shop building into 4 new,small classrooms and by constructing a new,18,805 square foot computer technology building containing offices,two computer training classrooms and a distance learning center.The existing, asphalt paved parking lots located on the south and west sides of the school will be upgraded;including new striping and landscaping.The dumpster is located on the back side (east)of the site and will be brought into compliance with the screening requirement.The site is enclosed by the existing,6-foot tall,chain link fence.The main entry drive accesses the site from Scott Hamilton.A secondary drive provides access from Stenger Road to the rear.There will be no changes to the fencing or driveways.One new wall sign will be added to the west faqade of the new addition. Staff is supportive of the proposed conditional use permit. The Vo-Tech School has been a part of this industrial neighborhood for many years.The proposed addition assures the long-term continued occupancy of the site by the school. The upgraded landscaping,screening and parking lots will improve the visual appearance of the site which is a positive consequence of the development. On March 22,2002,the applicant submitted a revised site plan and cover letter in response to questions raised at the Subdivision Committee meeting.All issues have been addressed to staff's satisfaction. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4,5 and 6 of this report. PLANNING COMMISSION ACTION:(APRIL 11,2002) The applicant was present.There were no objectors present. A letter of support had been received from Janet Berry, president of SWLR United for Progress.Staff presented the 4 April 11,2002 ITEM NO.:5 (Cont.)FILE NO.:Z-4758-A item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above.There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 10 ayes,0 noes and 1 absent. 5 April i~,2002 ITEM NO.:6 FILE NO.:Z-7159 NAME:Hines Manufactured Home Conditional UsePermit LOCATION:10709 Stagecoach Road OWNER/APPLICANT:Edward Hines/Walter G.Riddick,III PROPOSAL:A conditional use permit is requestedtoallowforplacementofamulti-sectional manufactured home on thisR-2 zoned property. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The site is located on the east side of Stagecoach Road,approximately 800 feet south of Otter Creek Road. 2.COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed uses and zoningrangingfromoldersinglefamilyhomestoasalvageyard.The area immediately around the site doescontainahandfulofsitebuiltsinglefamilyhomes butthelargersurroundingareaischaracterizedby numerous nonresidential uses.A large area of undevelopable floodway extends to the south and east. The proposed multisectional manufactured,single family home is compatible with uses and zoning in the area. All owners of property within 200 feet of the site,allresidentswithin300feetwhocouldbeidentifiedandtheOtterCreekandSWLRUPNeighborhoodAssociations were notified of this request. 3.ON SITE DRIVES AND PARKING: This single family home requires one,on-site parkingspace.There is an existing driveway off of Stagecoach Road that provides access to a gravel,parking area. 4.SCREENING AND BUFFERS: None required for this single family use. April 11,2002 ITEM NO.:6 (Cont.)FILE NO.:Z-7159 5.PUBLIC WORKS COMMENTS: 1.A Development Permit for Flood Hazard Area will berequiredperSec.8-283.The proposed manufactured home placement appears to be in the floodplain. 6.UTILITY,FIRE DEPT.AND CATA COMMENTS: Wastewater:Sewer available,not adversely affected. Entergy:No Comments received. Reliant:No Comments received. Southwestern Bell:No Comments received. Water:Contact Central Arkansas Water if larger and/oradditionalwatermeter(s)are needed. Fire Department:Approved as submitted. Count Plannin :No Comments received. CATA:Site is not on a dedicated bus route and has noeffectonbusradius,turnout and route. SUBDIVISION COMMITTEE COMMENT:(MARCH 21,2002) Walter Riddick was present representing the application.Staff presented the item and noted additional informationwasneededonthedrivewaylocationandanyproposedcarportorgaragestructures.Mr.Riddick indicated the existingdrivewaywouldbeusedandtheexistingmetalbuildingonthesitewouldbeusedforstorage.He stated he did notanticipateanyotherbuildingsbeinglocatedonthesite.Public Works Comments were presented.Mr.Riddick wasadvisedthatminimumfloorelevationswouldneedtobeestablishedbyPublicWorkspriortothehomebeinglocatedonthesite.The siting criteria of Section 36-254(d)(5)were pointed out to Mr.Riddick.He stated he saw noproblemcomplyingwithallcommentsandconditions.TheCommitteedeterminedtherewerenootheroutstandingissuesandforwardedtheitemtothefullCommission. 2 April 11,2002 ITEM NO.:6 (Cont.)FILE NO '-7159 STAFF ANALYSIS: A conditional use permit is requested to allow for placementofamultisectionalmanufacturedhomeontheR-2 zonedpropertylocatedat10,709 Stagecoach Road.The sitecurrentlycontainsametal,accessory building.A sitebuilt,single family residence was previously located on theproperty,near the street.It was removed within the pastfewyears. The property is located in an area of mixed uses and zoning:.A small grouping of site built,single family homes islocatedadjacenttothenorthandsouthofthesite.Alarge,nonconforming salvage yard is located acrossStagecoachRoad,to the west.A large area of undevelopablefloodwayislocatedeastandsouth-of the site.Other usesintheimmediatevicinityincludeanewerapartmentcomplex,vacant C-2 and C-3 zoned property and a multi-tenantshoppingcenter. The proposed manufactured home will be located 150+feet offofStagecoachRoadandwillactuallybelocatedbehindtheexisting,metal building.That metal building will be usedasanaccessorystructureforthesinglefamily,multisectional manufactured home.The site has adequatespacefortherequiredoneparkingspace.Allowing theplacementofthissingle,manufactured home on this 2+acresiteisareasonableuseoftheproperty.The likelihood ofasitebuiltsinglefamilyhomebeingconstructedonthistractislessenedbythepresenceofthesurroundingnonresidentialusesandthefactthattherear2/3+of thistractliesinthefloodplain. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional usepermitsubjecttocompliancewiththefollowingconditions: 1.Compliance with the Public Works and Utility CommentsoutlinedinSections5and6ofthisreport. 2.Compliance with the Siting Criteria of Section36-254(d)(5)as follow: 3 April 11,2002 ITEM NO.:6 (Cont.)FILE NO.:Z-7159 a.A pitched roof of three (3)in twelve (12)or fourteen (14)degrees or greater. b.Removal of all transport elements.c.Permanent foundation. d.Exterior wall finished so as to be compatible with the neighborhood.e.Orientation compatible with placement of adjacent structures.f.Underpinning with permanent materials. g.All homes shall be multisectional. h.Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION:(APRIL 11,2002) The applicant was present.There was one objector present. A letter had been received from Janet Berry,president of SWLR United for Progress,in which she expressed theassociation's neutrality on the issue.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Walter Riddick addressed the Commission in support of his application.He stated his client would comply with allconditions.Mr.Riddick stated he would like to respond to any concerns raised by the person present in opposition. James Elliott,of 10719 Stagecoach Road,spoke in opposition.He stated the applicant had not taken care ofhispropertyandhadinthepast,conducted illegal excavation on the site.Mr.Elliott stated he was opposedtoplacementofa"mobile home"on the lot because it would diminish his property value. A motion was made and seconded to approve the application subject to compliance with staff recommended conditions. Commissioner Nunnley asked what the applicant's intent wasfortheproperty.Mr.Riddick responded that his client would occupy the home and the property would have no use other than single family residential. 4 April 11,2002 ITEM NO.:6 (Cont.)FILE NO.:Z-7159 Commissioner Downing commented that he would vote against the application because of the Board of Director's practice of denying manufactured home applications. The vote was then taken.The vote was 7 ayes,3 noes and 1 absent.The application was approved. 5 April 11,.J02 ITEM NO.:7 FILE NO.:297 NAME:Rolling Pines Annexation REQUEST:Accept the annexation of 5.34 +Acres LOCATION:West of Heinke Road and north of Saline County Line SOURCE:McGetrick Engineering agent for property owner GENERAL INFORMATION: ~The County Judge approved the annexation on February 25,2002. ~The area requested for annexation is currently vacant (wooded). ~There is only one owner,Rolling Pines Limited Partnership. ~The annexation request is to obtain City Services (sewer). ~The Site in question is triangular in shape,606 feet east- west by 681 feet north-south.Total area is approximately5.34 acres. ~No Islands would be created by this annexation. ~Currently the property is not,zoned. ~The property owner has expressed a desire to develop thesite. AGENCY COMMENTS: Public Safet Fire:No comments received.The closest two fire stations are on Mabelvale West at Southwest Hospital and on Vimy Ridge Road just south of Mabelvale Cut-Off Road.Each of thesestationsisover2milesdrivingdistanceontheexistingstreetnetwork. Police:No comments received.Heinke Road is the boundary between two patrol districts.Police services for thisareawouldbebasedoutofthesouthwestsubstation. April 11,z002 ITEM NO.:7 (Cont.)FILE NO.:297 Infrastructure and Communit Facilities: Central Arkansas Transit:Central Arkansas Transit indicates they have no concerns related to this annexation.Theclosestcurrentbusrouteisover2milesawayin Mabelvale. Parks &Recreation:The Parks and Recreation Departmentindicatestheyhavenoconcernsrelatedtothisannexation. The City's Master Parks Plan shows a deficit in park/openspacefortheareaincludedinthisannexation.At the time of development,additional recreation or open space should be considered in or near this site. Public Works:The Public Work Department indicates they have no concerns related to this annexation.The City will take over maintenance of the remaining portion of Heinke Road within Pulaski County.Since the property is undeveloped,the property owner will be recpxi.red to make half street improvements at the time of future development. Utilities: Central Arkansas Water:No comments received.There is anexistingwaterline,which passes in front (along Heinke Road)of the area under consideration for annexation.Thislineisof12-inch diameter.Extension of water will be atthecostofthedeveloper. Entergy:No comments received.There are electric lines along Heinke Road. Reliant-Energy:No comments received. Wastewater Utility:The Wastewater Utility has no objections totheannexation;there is capacity in this area for the proposed development.The site is in the Sewer District 142 Basin,but is on the line with the Fourche Basin. There is a sewer line serving a single-family subdivisiontothenorthwest,which passes within 100 feet of the annexation area.This line is of minimal size.Extensionofservicewillbeatthecostofthedeveloper.Inaddition,there will be a capacity contribution fee chargedtothedevelopmentduetothefactitisamultifamilyprojectandnotstandardresidentialuse. Schools: Little Rock District:The Little Rock School District has 2 April 11,c002 ITEM NO.:7 (Cont.)FILE NO.:297 indicated they have no issues with the proposed annexation.The site is not within the Little Rock School District. Pulaski County Special District:No comments received.ThesiteisinthePulaskiCountySpecialSchoolDistrict. The schools serving this site are:Landmark Elementary,Fuller Junior High and Mills High School. ANALYSIS: The site is within the City of Little Rock PlanningJurisdiction.The City current exercises only subdivisionjurisdictionoverthisland.There is no zoning regulation currently enforced on this property. The property is currently undeveloped.The high point of the property is the south east corner along Heinke Road near the county line.The site drops as one moves to the northwest for atotalofsome40feet.The site is currently wooded. The City's Otter Creek Planning District contains the area and shows it for Single Family development.That is,residential development at not more than 6 units per acre.The applicant has indicated he will file a request for a development containing 56 units on these 5.34 acres.The proposal is for 14four-unit structures.A development of up to 32 units isconsistentwiththecurrentlyadoptedplan.If the applicants proposed development is to be allowed,a Plan change to allowforgreaterdensitywillhavetobeconsideredlateratthetimethatapplicationisbeforetheCity. The City's Master Street Plan shows Heinke Road as a collector. This would mean an additional 10 feet of right-of-way as well as widening.The City usually obtains this additional right-of-way and street improvements through the development process when thepropertyisundevelopedsuchasthesubjectproperty.InadditiontheMasterStreetPlanshowsanextensionofCountyLineRoad(from the west),curving northeast to intersect withtheProposedSouthLoop.This Minor Arterial could affect thewestboundaryofthesite.At the time of development the exactalignmentandlocationofthisroadwillhavetobemorespecificallydelineated. 3 April 11,2002 ITEM NO.:7 (Cont.)FILE NO.:297 Currently the site and surrounding area,both inside and outside the City Limits,are semi-rural in nature.Within half a mile to the west are the town of Shannon Hills and a partially developed subdivision on Sardis Road.To the south are residential subdivisions in Saline County.These subdivisions are a mix of mobile homes and site built homes.However to the north is undeveloped land and large lot residential development. There are also a scattering of commercial uses behind or adjacent to homes. Without annexation the site is likely to develop as one or two residential units (or as a non-residential use).Based on normal single-family development density when sewer is provided, a total of 20 units residential units could be expected if the area is annexed and sewer service is provided.Since the City through it'Land Use Plan has indicated that residential use is appropriate,the question is what density of development is most advantageous for the City and surround development. No City of Little Rock department has indicated a problem or concern with this property being made a part of the City.No outside agency (School or Utility)has indicated a problem or concern with this property being made a part of the City.The County Judge has signed the annexation order,approving the annexation of this property to the City of Little Rock. STAFF RECOMMENDATION: Staff recommends accepting the "Rolling Pines"Annexation. PLANNING COMMISSION ACTION:(APRIL 11,2002) This item was placed on the Consent Agenda for approval,there being no outstanding issues and staff recommends approval.By unanimous vote (10-0)the item was approved. 4 April l~,2002 SUBDIVISION ITEM NO.:8 FILE NO.:G-23-313 Name:Crestwood Street at Kavanaugh Boulevard betweenlots18and19ofthe Prospect Terrace Addition right-of-way Abandonment. Location:Approximately 110 feet of Crestwood Street southwest of Kavanaugh. Owner/A licant:Howard and Stacy Hurst Request:To abandon the 40 feet wide by 110 feet long portion of Crestwood Street where it meets Kavanaugh near an existing cul-de-sac. STAFF REVIEW: 1.Public Need for This Right-of-Way Crestwood Street is currently constructed as a residential public street with 40 feet of pavement connecting Crestwood Drive to Kavanaugh Boulevard.This short residential street provides a secondary access point for the neighborhood.Several factors make this closure request unique.There is an existing cul-de- sac at this location that will adequately provide for turn-around traffic.In addition,Crestwood meets Kavanaugh at a blind curve making a potentially hazardous situation. 2.Master Street Plan Crestwood Street is a residential street that serves the Prospect Terrace Subdivision. 3.Need for Right-of-Way on Adjacent Streets According to the Master Street Plan,Kavanaugh Boulevard is classified on a minor arterial with a reduced right of way of width of 70 feet.Applicant does not support the dedication of additional right of 1 April li,2002 SUBDIVISION ITEM NO.:8 FILE NO.:G-23-313 way on Kavanaugh,which is a typical requirement for street closures. 4.Develo ment Potential There is little future development potential in this established residential area. 5.Nei hborhood Land Use and Effect The general area is made up of a mixture of institutional,commercial and residential uses. 6.Neighborhood Position All abutting property owners and neighborhood associations were notified of the public hearing. 7.Effect on Public Services or Utilities Entergy —has no objection to the abandonment but requested that the entire right of way be left open as a utility easement. ARKLA -has no objection to the abandonment. Southwestern Bell —has no objection to the abandonment. Water Works —has no objection to the abandonment but requested that the entire right of way be left open as a utility easement for the 8 inch and 2 inch water lines that are located there. Wastewater Utility -has no objection to the abandonment. Fire Department —Has no objection to the abandonment. Neighborhood and Planning —has no objection to abandonment. 2 April li,2002 SUBDIVISION ITEM NO.:8 FILE NO.:G-23-313 8.Reversionary Ri hts Reversionary rights will extend to the property owners of lots 18 and 19.A recent supplement to the application indicates that the applicant now owns bothlots. 9.Public Welfare and Safet Issues Abandoning this street will have no apparent adverse effects on the public welfare and safety. SUBDIVISION COMMITTEE COMMENTS:(March 21,2002) The application was discussed briefly.Vice Chair Judith Faust questioned whether closing an existing residential street was something we should be supporting.Public Works representatives agreed that in most cases,the closure of an improved residential street was something that would not be supported.In this case,at the proposed street closure location there is an existing cul-de-sac to serve neighborhood traffic and at the intersection with Kavanaugh there is a blind curve. STAFF RECOMMENDATION: Staff has no objection in this case to the abandonment request subject to the following conditions: 1.Construction of all abutting street improvements in conjunction with abandonment approval (re-establish curb and gutter sections along Kavanaugh and Crestwood).Construct improvements to provide for a26'treet width (back of curb to back of curb)at all points in the cul-de-sac 2.The existing street right-of way is to remain as a platted utility and drainage easement. 3.Dedication of right-of-way on Kavanaugh 35'rom centerline in accordance with the Master Street Plan. 3 April 11,2002 AREA MAP CRESTWOOD DRIVE CLOSURE Z7 i. P ~ersW 44'~ y ggvANfAU'b H.B"~4 4 April 11,2002 SUBDIVISION ITEM NO.:8 FILE NO.:G-23-313 PLANNING COMMISSION ACTION (April 11,2002) Mr.Mike Hood of Public Works Department introduced the item,explaining that several factors make this request unique.There is an existing cul-de-sac,which will adequately provide for turn-around traffic.Additionally, Crestwood meets Kavanaugh in a blind curve,making a potentially hazardous situation.Mr.Hood stated that staff has no objection to this request,subject to the following conditions: 1.Construction of street improvements to Kavanaugh and Crestwood 2.Existing street right-of-way to remain as platted utility and drainage easement 3.Dedication of right-of-way on Kavanaugh to 35 feet from platted centerline,in accordance with "MSP" 4.Applicant is to install a fire hydrant at Kavanaugh, to address concern of Fire Department Mr.Bruce Tidwell,applicants'epresentative,stated that closing Crestwood would be beneficial to the entire neighborhood.He also submitted a petition signed by a majority of the property owners,consenting to and approving the abandonment. Mrs.Stacy Hurst presented an additional list of property owners in the Prospect Terrace neighborhood who also support the petition.Mrs.Hurst stated that the main reasons for requesting the street closure is the safety of neighborhood children and that the intersection of Crestwood and Kavanaugh is in a blind curve and therefore a safety hazard. Mrs.Hurst stated that she and Mr.Hurst will incur the cost for installation of curbs,gutters,and newly created green space.Mrs.Hurst also stated that the petition has unanimous support from the residents of the cul-de-sac. Ms.Carol Lord,Ms.Joyce Dillingham,Mr.Casey Jones,and Ms.Christy Oliver voiced support for the petition. Mr.Norman Hodges,Dr.Scott Hogan,Mrs.Bell,and Mr.James Rice voiced opposition for the petition. 5 April 11,2002 SUBDIVISION ITEM NO ~:8 FILE NO.:G-23-313 Commissioner Nunnley asked if there is traffic count in the area indicating an above average amount of traffic for a residential street.Mr.Hood stated that a recent traffic count indicated 113 vehicles per day interring from Kavanaugh and 168 vehicles per day exiting onto Kavanaugh, which is a relatively small amount of traffic.Commissioner Nunnley asked what remedies,other than closing a street, could residents consider in a situation involving perceived public safety issues.Mr.Hood stated that additional controls could be placed at the intersection. Commissioner Berry asked which Ordinance specifies the conditions under which the City should abandon an existing right-of-way. Mr.Steven Giles stated that the legal issue is whether the right-of-way is no longer needed for corporate purposes. Commissioners discussed public and traffic safety concerns, compelling reasons for closing a right-of-way,and the public interest. Motion was made and seconded to defer the application. Motion failed by a vote of 3 ayes,6 nays,1 absent,and 1 abstention. Motion was made and seconded to approve the application.The motion failed by a vote of 2 ayes,7 nays,1 absent,and 1 abstention. 6 April 11,2002 ITEM NO.:9 ~Sub 'ct:Proposed modification of the landscaping and screening requirements for Wireless Communication Facilities in existence prior to December 20,1999;allowing for waivers and deferrals of those requirements to be reviewed and approved by the Planning Commission through the Tower Use Permit process. STAFF REPORT: Wireless Communication Facilities which were in existence on December 20,1999 were given two-years to come into compliance with the landscaping and screening requirements which were approved by the passage of Ordinance No.18,713.The Board of Directors retained the sole authority to grant deferrals or waivers of those standards.The Board has since determined thatitisappropriateforsuchwaiversordeferralstobehandledby the Planning Commission through the Tower Use Permit process. This Ordinance change affects only those WCF',which were in existence on December 20,1999.Any WCF's constructed since that time should have been constructed in compliance with the current landscape and screening requirements or a waiver or deferral should have been granted by the Commission through the TUP process. The Plans Committee reviewed the proposed amendment at its February 20,2002 meeting.The attached draft reflects two minor changes that were suggested by the Committee and approvedatitsMarch20,2002 meeting. Copies of the proposed amendment and notice of the April 11, 2002 Commission meeting were sent to several individuals involved in the Wireless Communication industry. PLANNING COMMISSION ACTION:(APRIL 11,2002) Staff presented the item.There were no persons present to speak either in support or opposition.The item was placed on the Consent Agenda and approved by a vote of 10 ayes,0 noes and 1 absent. 1 ORDINANCE NO.draft 3/19/02 2 AN ORDINANCE AMENDING CHAPTER 36 OF THE3CODEOFORDINANCESOFTHECITYOFLITTLE4ROCK,ARKANSAS,CONCERNING WIRELESS 5 COMMUNICATIONS FACILITY REGULATIONS; 6 PROVIDING FOR MODIFICATION OF THE 7 LANDSCAPING AND SCREENING PROVISIONS OF 8 ARTICLE XII;PROVIDING FOR EXISTING WCF TO9COMPLYWITHSUCHLANDSCAPINGANDSCREENING10PROVISIONSWITHIN30DAYSOFTHEEFFECTIVE11DATEOFTHISORDINANCE;AND FOR OTHER12PURPOSES. 13 14 Whereas,the Board of Directors passed certain standards for landscaping and buffering of 15 wireless communication facilities ("WCF")in Little Rock,Ark.,Ordinance No.18,173 (December 20, 16 1999),as may be amended ("LRO 18,173")which were to apply to all future applications for WCF 17 permits,and 18 Whereas,Section 2(c)(6)included a requirement that WCFs in existence on the date of LRO 19 18,173,but not in compliance with the provisions of the ordinance,were required to come into 20 compliance within a two (2)year period of time unless the Board granted a waiver or deferral of the 21 various provisions,and 22 Whereas,the two (2)year grace period has now expired and new and existing WCF shall 23 be landscaped and screened within 30 days of the effective date of this ordinance,or obtain a 24 deferral of the requirements from the Little Rock Planning Commission. 25 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 26 THE CITY OF LITTLE ROCK,ARKANSAS: 27 Section 1:Section 36-593(c)(6)of Little Rock,Ark.Rev.Code ("LRC")(1988)is 28 deleted in its entirety and the following language is substituted as follows: 29 (6)Existing WCF shall be landscaped and screened in accordance with this 30 section within thirty (30)days of the effective date of this ordinance unless 31 compliance is deferred by the Planning Commission through the TUP process 32 because the WCF is not currently located within 100 feet of any occupiable 33 structure.Provided,however,the WCF shall be landscaped and screened in 34 accordance with this article within ninety (90)days of final inspection for any 35 occupiable structure subsequently constructed within 100 feet of the WCF. 36 1 2 a.In such cases where the Planning Commission has granted a deferral 3 of the landscape and/or screening requirements of this article,the 4 Planning Commission may modify the deferral or impose the 5 landscape and screening requirements if,in the future,a major 6 change in circumstances occurs. 7 b.For purposes of this section,a "major change in circumstance" 8 means that: 9 (1)the area within 200 feet of the boundaries of the WCF tower 10 site has developed to the point that there is a virtually unobstructed 11 view of the tower site from any adjoining occupiable residential 12 structure or from public property or right of way,and 13 (2)the City has received a complaint from the owner of an 14 occupiable structure located within 200 feet of the tower site that 15 the site has insufficient landscaping or screening in place;and 16 (3)the City has requested that the parties resolve the issue by 17 agreeing to certain screening or landscaping requirements 18 consistent with LRC $36-593 which can be granted 19 administratively by the Director of Planning and Development,but 20 no agreement has been reached,or sufficient additional space 21 around the site has been acquired to meet the landscaping,setback 22 and screening requirements of LRC $36-593. 23 Section 2.Severability.In the event any section,subsection,subdivision,paragraph, 24 item,sentence,clause,phrase,or word of this ordinance is declared or adjudged to be invalid or 25 unconstitutional,such declaration or adjudication shall not affect the remaining portions of the 26 ordinance which shall remain in full force and effect as if the portion so declared or adjudged 27 invalid or unconstitutional was not originally a part of the ordinance. 28 Section 3.Repealer.All laws,ordinances,resolutions,or parts of the same,that are 29 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such 30 inconsistency. 31 Section 4.Emergency.The City appreciates the fact that the federal government has 32 taken steps to encourage the advancement of telecommunications technology,and understands [Page 2of3] 1 that it is incumbent upon the City to encourage additional carriers to enter into the 2 telecommunications field and to be able to have some certainty about the requirements and 3 conditions for tower permits within the City.Such development is essential to protect the public 4 health,safety and welfare.The City also acknowledges and understands that existing federal and 5 state law allows the City to impose reasonable conditions on the appearance of wireless 6 communication facilities,which may include,among other things,landscaping and screening 7 requirements.An emergency is,therefore,declared to exist,and this ordinance shall be in full 8 force and effect from and after the date of its passage. 9 10 PASSED: 11 12 ATTEST:APPROVED: 13 14 15 16 Nancy Wood,City Clerk Jim Dailey,Mayor 17 18 19 APPROVED AS TO LEGAL FORM: 20 21 22 23 Thomas M.Carpenter,City Attorney [Page 3 of 3] April 11,2002 ITEM NO.:10 OTHER MATTERS TITLE:Urban Land Institute (ULI)Midtown Redevelopment Plan SOURCE:Planning Commission and Staff REQUEST:Approval of Resolution At the March 14,2002 informal meeting,it was decided that the Planning Commission needed to take some formal action on the Midtown plan before recpxesting the City Board of Directors to endorse the plan.Following is the Planning Commission's resolution in support of the ULI Redevelopment Plan for the Midtown area (Markham and University). PLANNING COMMISSION ACTION:(APRIL 11,2002) City Attorney,Stephen Giles,read into the record a resolutionfortheBoardofDirectorssupportingtheULI-Midtown Study.A motion was made to send the resolution to the Board ofDirectors.By a unanimous vote (10-0)the Commission approved the motion. Commissioner Downing reviewed the process and findings of the ULI Midtown Report.Elliot Kumpe,resident of the NW section and co-chair of Midtown Neighborhoods Plan wanted to express that group's support of the ULI Midtown Report (support of the vision and confidence this gives for the future of the area). Ruth Bell,League of Women Voters,spoke of the League'supportforthestudyandtheefforttoredeveloptheareapriortoa time when it is all boarded up and closed down.Scott Mosley, Vice President of St.Vincent,stated the Board of St.Vincent has passed resolution of support for this plan and wants to seeitadvanced. PLANNING COMMISSION VOTE RECORD DATE v,~(t &K 8y/ew'RIER ~~~c p g j y) MEMBER '7 r c-C ALLEN,FRED,JR.u BERRY,CRAIG v v v DOWNING,RICHARD v FAUST,JUDITH v'LOYD,NORM 4 LOWRY,BOB y MUSE,ROHN NUNNLEY,OBRAY,JR. RAHMAN,MIZAN RECTOR,BILL v'TEBBINS,ROBERT u yvi~g~z*~RE@ v«C. MEMBER Q,k /0 ALLEN,FRED,JR.v e v' BERRY,CRAIG e v''o DOWNING,RICHARD v'+y 0 v'AUST,JUDITH o V'O ~ FLOYD,NORM 0 O'p LOWRY,BOB e MUSE,ROHN ~u'e NUNNLEY,OBRAY,JR.W e W ~e p RAHMAN,MIZAN A RECTOR,BILL ~v y y'TEBBINS,ROBERT v Meeting Adjourned 5 ~&4 P.M. +AYE +NAYE ~ABSENT ~ABSTAIN ~RECUSE April 11,2002 There being no further business before the Commission,the meeting was adjourned at 5:50 p.m. Date Q Z- Se ar hairman