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pc_10 18 2001LITTLE ROCK PLANNING COMMISSION PLANNING —REZONING —CONDITIONAL USE HEARING MINUTE RECORD OCTOBER 18,2001 4:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being nine (9)in number. II.Members Present:Richard Downing Judith Faust Craig Berry Bob Lowry Fred Allen,Jr. Pam Adcock Obray Nunnley,Jr. Norm Floyd Rohn Muse Members Absent:Mixan RahmanBillRector City Attorney:Steve Giles III.Approval of the Minutes of the September 6,2001 MeetingoftheLittleRockPlanningCommission.The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING —REZONING —CONDITIONAL USE HEARING OCTOBER 18,2001 4:00 P.M. I.NEW ITEMS: 1.Z-4343-K Lot B-5,The Ranch Addition C-2 to 0-3 Tract D-2,The Ranch Addition 0-2 to C-3 2.Z-6398-B 12800 County Line Road R-2 to MF-6 3.LU01-19-06 A Land Use Plan Amendment in the Chenal Planning District from Single Family to Commercial 3.1.Z-7096 Lot 61,Maumelle Orchard R-2 to C-3 Addition east side of Chenal Parkway, south of Cantrell Road 4.Z-7095 Rowell Day Care Family Home— Special Use Permit 8017 West 41'treet 5.Z-5405-B Arkansas Baptist School —Revised C.U.P. 8400 Ranch Blvd. 6.Z-5557-A Harris -Revised C.U.P. 2923 West 65 Street 7.Z-7093 Holy Temple Church of God in Christ —C.U.P. 1315 S.Pulaski Street 8.Z-7094 Jones —C.U.P. 2420 Bragg Street RARRlTI RDAO R040 Public Hearing 3 3.1 ARKANSAS Items 462 a %i( I 7 Rl*HID MUST M4RKH4M MARK M VER 01 UM15 1-6 K4NIS I-MR IHI5 2'H 12M E IQIH g 4 I HRGHT 0 I I —450 RODM Eli M 561~N 4 RQTMEKEIT EAM50N 1-440 LIR50N TRADER PIKE68 a 0 a UMM DA I TIUBER M 0 0000 65 TH T.8 65M RAIKES T4M I IT 5 Z 5 RASEUN(a I EUN DIKON OHM MMTAIE M I TT 565 CREM 4EST M SUNKER OKK ORE R SPGS C QIT y CUTIE'4 104K UIT IMITS O 6 Planning -Rezoning -Conditional Use Hearing October 18,2001 October 18,2001 ITEM NO.:1 FILE NO.:Z-4343-K Owner:Ranch Properties,Inc.and FCC Tract D Partnership Applicant:Ed Willis Location:Lot B-5 (unrecorded),The Ranch Addition—North side of Cantrell Road,between Ranch Dr.and Ranch Blvd. Tract D-2 (unrecorded),The Ranch Addition —West side of Ranch Blvd., approximately 450 feet north of Cantrell Road Request:Lot B-5 —Rezone from C-2 to 0-3 Tract D-2 —Rezone from 0-2 to C-3 Purpose:Lot B-5 —New office building Tract D-2 —future development Size:Lot B-5 —7.50 acres Tract D-2 —7.29 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING (Lot B-5) North —Leisure Arts Complex;zoned PCD South —Single Family residential;zoned R-2 (across Cantrell Road) East —Office building;zoned C-2 West —Undeveloped;zoned C-2 SURROUNDING LAND USE AND ZONING (Tract D-2) North —Office buildings;zoned 0-2 and PCD (across Ranch Drive) South —Undeveloped;zoned C-3 East —Commercial center;zoned C-2 (across Ranch Blvd.) West —Undeveloped;zoned C-3 A.PUBLIC WORKS COMMENTS: 1.Cantrell Road is classified on the Master Street Plan as a principal arterial.Dedication of right-of-way to 55 feet from centerline will be required. October 18,2001 ITEM NO.:1 (Cont.)FILE NO.:Z-4343-K TiiTith Buildin Permit: 2.Driveways shall conform to Sec.31-210 or Ordinance 18,031.There will be no access to Highway 10. 3.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 4.Repair or replace any curb and gutter or sidewalk thatisdamagedinthepublicright-of-way prior to occupancy. 5.Stormwater detention ordinance applies to this property. 6.Obtain permits for improvements within State Highway right-of-way from AHTD,District Vl. 7.Plans of all work in right-of-way shall be submitted for approval prior to start of work. B.PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA's Highway 10 Express route. C.PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Johnson Ranch,Bayonne Place and Aberdeen Court Neighborhood Associations were notified of the proposed rezonings. D.LAND USE ELEMENT: This request is located in the Pinnacle Planning District. The Land Use Plan shows Mixed Office and Commercial for this property.The applicant has proposed two changes:one from C-2 to 0-3 and another from 0-2 to C-3.This would result in 4 of an acre less commercial than is there now and would maintain the mix of commercial and office zoning in the MOC area. A land use plan amendment is not required. Cit Reco nized Nei hborhood Action Plan: The applicant'property lies in an area not covered by a City recognized neighborhood action plan. 2 October 18,2001 ITEM NO.:1 (Cont.)FILE NO.:Z-4343-K E.STAFF ANALYSIS: The request before the Commission is to rezone Lot B-5 (unrecorded),The Ranch Addition (7.50 acres)from C-2 shopping Center District to 0-3 General Office District,and Tract D-2 (unrecorded),The Ranch Addition (7.29 acres)from 0-2 Office and Institutional District to C-3 General Commercial District.Both properties are currently undeveloped,with a future office building to be constructed on Lot B-5 for Family Life Ministries.No immediate development has been proposed for Tract D-2. Lot B-5 is located on the north side of Cantrell Road, between Ranch Blvd.and Ranch Drive.Ranch Drive borders the property to the north.The large Leisure Arts complex (zoned PCD)is located across Ranch Drive to the north,with single family residences further north.The new CingularofficebuildingislocatedontheC-2 zoned property immediately east.There is undeveloped C-2 zoned property immediately west along Ranch Blvd.There is R-2 zoned property located across Cantrell Road to the south.There are other office and commercial uses located in this immediate area.The proposed 0-3 zoning is compatible with existing uses and zoning in the area. Tract D-2 is located at the southwest corner of Ranch Blvd. and Ranch Drive.There are two (2)office buildings (zoned0-2 and PCD)located on the property to the north across Ranch Drive,with the Arkansas Baptist School campus located further north.Undeveloped C-3 zoned property is located to the south and west.There is a commercial complex located across Ranch Blvd.to the east,with undeveloped MF-18 zoned property to the northeast.There are other office and commercial uses located in this immediate area.The proposed C-3 zoning is compatible with existing uses and zoning in the area. The Pinnacle District Land Use Plan shows MOC (Mixed Office and Commercial)for this general area along the north sideofCantrellRoadfromRanchDrivetoPatrickCountryRoad. The applicant is in effect proposing to "swap"the office and commercial zoning for Lot B-5 and Tract D-2.This "swap"will result in approximately 4 of an acre less 3 October 18,2001 ITEM NO.:1 (Cont.)FILE NO.:Z-4343-K commercial zoning than currently exists in this MOC area. The applicant's proposal maintains the mix of office and commercial zoning in this area. Staff believes that the proposed 0-3 zoning for Lot B-5 and the proposed C-3 zoning for Tract D-2 are compatible with uses and zoning in the area and conform to the adopted Land Use Plan. F.STAFF RECOMMENDATION: Staff recommends approval of the 0-3 zoning request for Lot B-5 and the C-3 zoning request for Tract D-2,as filed. PLANNING COMMISSION ACTION:(OCTOBER 18,2001) The staff presented a positive recommendation on this application,as there were no further issues for resolution. There were no objectors to this matter. Staff noted that the applicant had amended the application, making a minor change in Lot B-5.Staff noted that the applicant had moved the side property line of the unrecorded Lot B-5 (west side)over slightly,increasing the lot size from 7.5 acres to 8 acres. 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 9 ayes,0 nays and 2 absent. 4 October 18.2001 ITEM NO.:2 FILE NO.:Z-6398-B Owner:Doug Loftin Applicant:Hope Engineers,Inc. Location:12800 County Line Road;north side of County Line Road,approximately 300 feeteastofVimyRidgeRoad Request:Rezone from R-2 to MF-6 Purpose:Future multifamily development Size:3.54 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Single Family residences;zoned R-2 South —Elementary School (across County Line Road);not zoned —Saline CountyEast—Single Family residences;zoned R-2 West —Convenience store;zoned C-3 A.PUBLIC WORKS COMMENTS: 1.County Line Road is classified on the Master Street Plan as a minor arterial.A dedication of right-of-way 45 feet from section line will be required. With Buildin Permit: 2.Driveways shall conform to Sec.31-210 or Ordinance 18I031. 3.Provide design of street conforming to "MSP"(Master Street Plan).Construct one-half street improvements to this street including 5-foot sidewalk with planned development. 4.Plans of all work in right-of-way shall be submitted for approval prior to start of work. October 18,2001 ITEM NO.:2 (Cont.)FILE NO.:Z-6398-B 5.Stormwater detention ordinance applies to this property.6.Easements for proposed stormwater detention facilities are required. 7.Grading permit will be required on this development. B.PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C.PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Alexander Road,Quail Run,Meyer Lane and SWLR UP Neighborhood Associations were notified of the proposed rezoning. D.LAND USE ELEMENT: This request is located in the Otter Creek Planning District.The Land Use Plan shows Single Family for this property.The applicant has applied for MF-6 Multi Family zoning.The property is currently zoned R-2 Single Family. Staff does not request a Land Use Plan amendment be filed for this application. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in an area covered by the Chicot West I-30 South Neighborhood Action Plan.The plan contains a Housing and Neighborhood Revitalization Goal of encouraging new single-family growth and maintaining and enhancing the quality and affordability of existing housing. Two objectives supporting the goal include encouragement of home ownership and encouragement of constructing new single- family housing.An action statement supporting the goal encourages introduction of owner-occupied housing in the area that could be marketed for under $50,000. E.STAFF ANALYSIS: The request before the Commission is a corrective action to rezone 3.54 acres of property at 12800 County Line Road from 2 October 18,2001 ITEM NO.:2 (Cont.)FILE NO.:Z-6398-B R-2 Single Family Residential District to MF-6 Multifamily District.The property is currently undeveloped and wooded. No immediate development has been proposed for the property. The Chicot West I-30 South Neighborhood Action Plan was adopted by the Board of Directors on November 4,1997. Through the action plan,there were multiple land use plan amendments and rezonings for properties in the plan area. One of the rezonings involved the 3.54 acre property at 12800 County Line Road.Ordinance No.17,605 which was also passed by the Board of Directors on November 4,1997 rezoned this property from MF-6 to R-2. Doug Loftin bought the 3.54 acre property in early 1997. When the Planning Staff researched the property ownership records for the properties to be rezoned,the change in ownership for this property had not yet been entered in the Pulaski County Assessor's database.Therefore,the previous property owner (whom Mr.Loftin bought the property from) was notified of the proposal to rezone the property.This previous property owner did not notify Mr.Loftin of the rezoning and therefore,the property was rezoned without Mr. Loftin'knowledge or input. The property is located on the north side of County Line Road,approximately 300 feet east of Vimy Ridge Road.There are a number of single family residences (zoned R-2)located immediately north and east of the site.There are other single family homes located on larger tracts further north and east.The Robert L.Davis Elementary School (Bryant School District)is located across County Line Road to the south in Saline County.There is a convenience store located immediately west of the site on the C-3 zoned property at the northeast corner of County Line and Vimy Ridge Roads.There is a Family Dollar Store located on the C-1 zoned property at the northwest corner of the same intersection.There are other single family uses in this general area (primarily on larger lots),as well as industrial I-2 zoned property further north and northwest of this site.The proposed MF-6 zoning is compatible with existing uses and zoning in the area. As noted previously,the proposed rezoning from R-2 to MF-6isacorrectiveactiontorestorezoningtopropertywhich 3 October 18,2001 ITEM NO.:2 (Cont.)FILE NO.:Z-6398-B was rezoned without the property owner'knowledge.If Mr.Loftin had been properly notified of the intent to rezone the property as part of the neighborhood action plan, he would have requested that the MF-6 zoning not be changed. In which case,the rezoning would not have been pursued bystaffandtheMF-6 zoning would still be in place. Therefore,staff believes it is appropriate to restore the MF-6 zoning to the property,thereby correcting the rezoning mistake made at the time of the Chicot West I-30 South Neighborhood Action Plan in 1997. F.STAFF RECOMMENDATION: Staff recommends approval of the MF-6 rezoning request,as filed. PLANNING COMMISSION ACTION:(OCTOBER 18,2001) Eric Krebs,of Hope Engineers,was present,representing the application.There were three (3)persons present in opposition.Staff presented the rezoning request,with a recommendation of approval of the MF-6 rezoning. The Commission discussed whether or not it would be appropriatetohearfromthepersonspresentinopposition,given the fact that the rezoning request was a corrective action.StephenGiles,City Attorney,noted that the opposition could speak at the Board of Directors'eeting even if they do not address the Planning Commission.The issue was further discussed and it was decided to hear from the opposition. Janet Berry,of SWLR UP,addressed the Commission in oppositiontotherezoning.She noted that the applicant had been before the Commission three (3)times in the past four (4)years requesting rezoning of this property. Michelle Ready also addressed the Commission in opposition.Shestatedthatthepropertyownerhadnotmadeanattempttowork with the neighborhood.She noted that development of this property would be detrimental to the adjacent single familyresidentialproperty. Gary Patterson also addressed the Commission in opposition. Eric Krebs,of Hope Engineers,noted that Doug Loftin (the property owner)did not know of or consent to the rezoning ofthispropertyfromMF-6 to R-2 which occurred in 1997. 4 October 18,2001 ITEM NO.:2 (Cont.)FILE NO.:Z-6398-B Commissioner Faust asked about the previous applications for this property.Brian Minyard,of the Planning Staff,noted that there was a land use plan amendment in March,2000 which was withdrawn and a land use plan amendment and PCD request in March,2001 which was denied.This issue was briefly discussed. Commissioner Floyd noted that the applicant had never proposed to develop the property as multifamily. There was additional discussion pertaining to the appropriateness of the rezoning request and what options the Board of Directors would have in addressing the issue.Mr.Giles explained that the Board of Directors could rezone property on its own motion. There was a motion to approve the MF-6 rezoning request. Commissioner Nunnley noted that Mr.Loftin bought the property with the understanding that the property was zoned MF-6.He pointed out that the property was rezoned to R-2 without Mr.Loftin'knowledge,and that the Commission should be fair to him and correct the mistake. The Chairman called for a vote on the previous motion.The motion passed by a vote of 7 ayes,2 nays and 2 absent.The application was approved. 5 Octobey 18,2001 ITEM NO.:3 FILE NO.:LU01-19-06 Name:Land Use Plan Amendment —Chenal Planning District Location:East side of Chenal Parkway about 570 feet south of Cantrell Road. R~t:g'l y 'ly t Co ' Source:James T.Berry PROPOSAL /REQUEST: Land Use Plan amendment in the Chenal Planning District from Single Family to Commercial.The Commercial category includes a broad range of retail and wholesale sales of products,personal and professional services,and general business activities.Commercial activities vary in type and scale,depending on the trade area they serve.The applicant wishes to develop the property for commercial uses. EXISTING LAND USE AND ZONING: The property is vacant land currently zoned R-2 Single Family and is approximately 5.0+acres in size.All of the surrounding property is vacant land.The land to the north is zoned C-3 General Commercial while the land to the east and south is zoned R-2 Single Family.The land to the west is zoned C-2 Shopping Center and C-3 General Commercial. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On March 6,2001 a change was made from Single Family to Commercial at the 19900 Block of Highway 10 about 1/3 of a mile Northwest of the applicant'property. On June 20,2000 a change was made from Mixed Office Commercial to Commercial at the 17800 -17900 blocks of Cantrell Road about 1 mile East of the site in cpxestion. On November 16,1999 a change was made from Single Family to Office at 6400 Patrick Country Road about 1 mile Northeast of the application site. On October 5,1999 a change was made from Office to Mixed Office Commercial on Cantrell Road at Patrick Country Road October 18,2001 ITEM NO.:3 (Cont.)FILE NO.:LU01-19-06 about 1 mile East of the area under review. On July 21,1998 a change was made from Single Family to Single Family,Office and Multi-Family at 18600 Cantrell Road about 2/3 of a mile East of the area in question. On July 21,1998 a change was made from Single Family to Office at Chenal Parkway and State Highway 300 about 8 of a mile Northwest of the amendment area. On April 15,1997 a change was made from Single Family, Office,and Existing Business Node to Public Institutional, Suburban Office and Multi-Family at Cantrell and Patrick Country Road about 1/10 of a mile Northeast of the property in question. The applicant's property is shown as Single Family on the Future Land Use Plan.The property to the north is shown as Commercial.The property to the east and south is shown as Single Family.The property to the west is shown as Public Intuitional and Commercial.There is a strip of Park/Open Space shown on both sides of Chenal Parkway. MASTER STREET PLAN: The Master Street Plan shows Chenal Parkway as a Principal Arterial.A Class I Bikeway is shown for this portion of Chenal Parkway linking Bowman Road to State Highway 10.Any development of this property will be subject to half street improvements. PARKS: There are no parks or open spaces shown on the 2001 Little Rock Parks and Recreation Master Plan that would be affected by this amendment. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in an area not covered by a city recognized neighborhood action plan. ANALYSIS: The applicant'property lies in a developing area near the Highway 10 Design Overlay District.Even thought the applicant's property is not located in the overlay district, development of the applicant's property will be affected by 2 October 18,2001 ITEM NO.:3 (Cont.)FILE NO.:LU01-19-06 the strip of Park/Open Space located on both sides of Chenal Parkway.The strip of Park/Open Space on Chenal Parkway is directly connected to the strip of Park/Open Space on State Highway 10 at the Chenal Parkway /Highway 10 intersection. There is a desire shown by the Plan to bring the Overlay front yard landscape and setback concepts down Chenal Parkway. A combined total of 46.SO+acres of vacant land shown as Commercial already forms a node at the Chenal Parkway / Highway 10 intersection.The convenience store located at the northwest corner of the intersection is the only developed commercial use in the area while the remainder of the land shown as Commercial remains vacant.The vacant land shown as Commercial demonstrates a lack of demand for Commercial uses at the Chenal Parkway /Highway 10 intersection.The need for new land shown as Commercial at this location has not been demonstrated. This application would expand the availability of land shown as Commercial adjacent to land shown as residential without making provision for a buffer between incompatible uses.A change to Commercial would allow zone changes that would not require dialogue between the applicant and city staff that would result from the site plan process required by Planned Development applications.The zone changes that might result from this application would not require the provision of a buffer between the incompatible uses of Commercial and Single Family. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Aberdeen Court Property Owners Association, Bayonne Place Property Owners Association,Carriage Creek Property Owners Association,Eagle Pointe Property Owners Association,Glen Eagles Property Owners Association, Hillsborough Property Owners Association,Hunters Cove Property Owners Association,Hunters Green Property Owners Association,Johnson Ranch Neighborhood Association,Marlowe Manor Property Owners Association,and St.Charles Property Owners Association.Staff has received no comments from area residents. 3 October IB,2001 ITEM NO.:3 (Cont.)F1LE NO.:LU01-19-06 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.There appears to be abundant undeveloped commercial land in this area. PLANNING COMMISSION ACTION:(OCTOBER 1S,2001) Brian Minyard,City Staff,made a brief presentation to the commission. Mary Dornhoffer spoke in opposition to the application. Ms.Dornhoffer expressed concerns that the scenic quality of the State Highway 10 Corridor be maintained and that the proposed change would harm the environmental qualities of the surrounding area. A motion was made to defer the item to the November 29,2001 Planning Commission Meeting and was approved with a vote of 8 ayes,1 noes and 2 absent. 4 October li 2001 ITEM NO.:3.1 FILE NO.:Z-7096 Owner:James T.Berry Applicant:White-Daters and Associates Location:East side of Chenal Parkway, approximately 570 feet south of Cantrell Road Request:Rezone from R-2 to C-3 Purpose:Future commercial development Size:5 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Undeveloped;zoned C-3 South —Undeveloped;zoned R-2 East —Undeveloped;zoned R-2 West —Undeveloped;zoned R-2 A.PUBLIC WORKS COMMENTS: 1.Show legal access to the property. With Buildin Permit: 2.Driveways shall conform to Sec.31-210 or Ordinance 18,031. 3.Provide design of street conforming to "MSP"{Master Street Plan).Construct one-half street improvements to this street including 5-foot sidewalk with planned development. 4.Grading permit will be required on this development. 5.Stormwater detention ordinance applies to this property. October 18,2001 ITEM NO.:3.1 (Cont.)FILE NO.:Z-7096 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 as well as the Aberdeen Court,Bayonne Place and DuQuesne Place Neighborhood Associations were notified of the proposed rezoning.There were no residents within 300 feet of the site to notify. D.LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this area.The applicant has applied for C-3 zoning.A Land Use Plan Amendment has been filed and is a separate item on this agenda. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in an area not covered by a city recognized neighborhood action plan. E.STAFF ANALYSIS: The request before the Commission is to rezone this undeveloped,wooded,5-acre tract from R-2 Single Family Residential District to C-3 General Commercial District.No immediate development has been proposed for the site.This rezoning request is associated with a Land Use Plan Amendment,LU01-19-06 (Item 3.on this agenda). The 5 acre tract,which appears to be land-locked,is located along the east side of Chenal Parkway,approximately 570 feet south of Cantrell Road.Staff is not sure how the applicant is to gain legal access to the property,as thereisanotherR-2 zoned piece of property between this tract and Chenal Parkway. There is a large amount of undeveloped commercial zoned property in this immediate area of the intersection of Chenal Parkway and Cantrell Road.There are approximately 18.5 acres of undeveloped C-3 zoned property immediately 2 October 18,2001 ITEM NO.:3.1 (Cont.)FILE NO.:Z-7096 north of this site along the south side of Cantrell Road (southeast corner of Cantrell Road and Chenal Parkway). There is also approximately 26.5 acres of undeveloped C-3 zoned property across Chenal Parkway to the west,at the southwest corner of Chenal Parkway and Cantrell Road.There is approximately 4 acres of undeveloped C-2 zoned property at the southwest corner of Chenal Parkway and Northfield Drive.Additionally,there is somewhere in the vicinity of 16 acres of undeveloped C-2/C-3 zoned property within the Northwest Territory Subdivision located on the north side of Cantrell Road at Chenal Parkway. There is a strip of undeveloped R-2 zoned property immediately west of this site,between this property and Chenal Parkway.There is a large amount of undeveloped R-2 zoned property immediately south and east of this site.The Aberdeen Court single family neighborhood is located to the southeast,with the DuQuesne Place single family neighborhood being located to the southwest across Chenal Parkway. Staff is not supportive of the requested C-3 zoning for this location.The Chenal District Land Use Plan recommends Single Family for this site and the larger areas to the south and east.As noted previously,there is a large amount of available,undeveloped commercial zoned (C-2 and C-3)land at each of the corners of the intersection of Cantrell Road and Chenal Parkway,two (2)principal arterials.Staff does not believe this rezoning is appropriate given the availability of undeveloped, commercial zoned property in the area. Additionally,staff is not in favor of moving the south line of the C-3 zoned property along the south side of Cantrell Road (southeast corner of Cantrell Road and Chenal Parkway) further to the south into an area which could possible be used as a transitional area in the future.This property is located between the C-3 zoned property to the north and single family neighborhoods to the southeast and southwest. Staff feels that if this property is not developed as single family in the future,it could possibly prove to be an appropriate area of transition (multifamily or quiet office) between the commercial zoning along Cantrell Road and the single family neighborhoods to the south. 3 October 18,2001 ITEM NO.:3.1 (Cont.)FILE NO.:Z-7096 F.STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION:(OCTOBER 18 g 2001) Tim Daters was present,representing the application.There were two (2)persons present in opposition.Staff briefly described the proposed rezoning,with a recommendation of denial.Staff also presented the proposed Land Use Plan Amendment,with a recommendation of denial.Staff noted that the applicant had requested deferral of this item to the November 29,2001 agenda. The Chairman removed this item from the Consent Agenda for deferral,so that one (1)of the persons present in opposition could address the Commission. Mary Dornhoffer addressed the Commission in opposition to the proposed rezoning.She stated the following points as specific reasons for the opposition: 1.The rezoning would significantly impact the traffic flow in the area. 2.There was a large amount of vacant commercial property in thearea. 3.The increase in commercial zoning would be detrimental to the scenic corridor. 4.The rezoning would negatively impact the property values in the area. There was a motion to defer the application to the November 29, 2001 agenda.The motion passed by a vote of 8 ayes,1 nay and 2 absent. October 16 2001 ITEM NO.:4 FILE NO.:Z-7095 Name:Rowell Day Care Family Home —Special Use Permit Location:8017 West 41'treet Owner/A licant:Almeta Rowell ~P*1:A Special Use Permit is requested to allow a day care family home to be operated in the single family residence located on the R-3 zoned property at 8017 West 41'treet. Public Notification: Neighbors located within 200 feet of the site and the John Barrow and Westwood Neighborhood Associations were notified of the public hearing. Staff Anal sis: The occupant/owner of the single family home located on the R-3 zoned property at 8017 West 41'treet is requesting approval of a Special Use Permit to allow her to operate a day-care family home. 8017 West 41'treet is located on the south side of West 41'treetbetweenGilmanandPotterStreets.All surrounding properties are zoned R-3 and are occupied by single family residences.There is a large vacant tract (zoned MF-12)to theeastacrossPotterStreet.The applicant'home is a one-story, brick and frame structure and is typical of those in the generalarea.There is a single car driveway and carport with parking for two (2)vehicles.The rear yard is enclosed by chainlink and wood fencing and should provide a safe play area.The applicant proposes to operate the day care from 6:00 a.m.to 6:00 p.m., Monday through Friday,with occasional after hours care to 9:00 p.m. The principal use of the property will remain single familyresidential.No signage beyond that allowed in single family zones will be permitted.The applicant has noted that she is October 18,2001 ITEM NO.:4 (Cont.)FILE NO.:Z-7095 working with the State Department of Human Services licensing division on obtaining a license for a day care family home for six (6)to ten (10)children. Section 36-54(e)(3)of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: a.This use may be located only in a single-family home, occupied by the care giver. b.Must be operated within licensing proceduzes established by the State of Arkansas.State regulations shall control the number of employees residing off premises. c.The use is limited to ten (10)children including the care givers. d.The minimum to qualify for special use permit is six (6) children from households other than the care givers. e.This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits aze not transferable in any manner.Permits cannot be transferred from owner to owner,location to location or use to use. To staff's knowledge,there are no outstanding issues associated with this application.Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 8017 West 41'treet,subject to the following conditions: 1.Compliance with the site and location criteria established in Section 36-54(e)(3). 2.There is to be no signage beyond that permitted in single family zones. 2 October 18,2001 ITEM NO.:4 (Cont.)FILE NO.:Z-7095 3.Outdoor activities,including playground use,are to be .limited to day-light hours. PLANNING COMMISSION ACTION:(OCTOBER 18,2001) The staff presented a positive recommendation on this application,as there were no further issues for resolution. There were no objectors to this matter. 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 9 eyes,0 nays and 2 absent. 3 October 16 2001 ITEM NO.:5 FILE NO.:Z-5405-B NAME:Arkansas Baptist School —Revised Conditional Use Permit LOCATION:8400 Ranch Boulevard DEVELOPER:ENGINEER: Arkansas Baptist School System White-Daters and Associates 62 Pleasant Valley Drive 24 Rahling Circle Little Rock,AR Little Rock,AR 72223 AREA:20.9 acres NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-2 ALLOWED USES:School PROPOSED USE:School with expansion VARIANCES/WAIVERS RE UESTED:1.A variance from the buffer and screening requirements along the north property line. BACKGROUND: On February 12,1991,the Planning Commission approved aconditionalusepermittoallowforthedevelopmentofajunior/senior high school campus on this property for the Arkansas Baptist School System.The approved plan included aschoolbuilding,paved parking areas,and football and baseballfields.On January 21,1999,the Planning Commission approved arevisedconditionalusepermit,which allowed the Summit Churchtoholdchurchservicesintheexistingschoolfacilities.No new construction was proposed with this application. A.PROPOSAL/REQUEST: The applicant,Arkansas Baptist School System,requests arevisedconditionalusepermittoallowfortheexpansion of the existing school campus.The proposed expansion will take place as follows: October 18,2001 ITEM NO.:5 (Cont.)FILE NO.:Z-5405-B ~Phase I —A 32,000 square foot (maximum)elementary School building (2 story)with associated paved parking and pick-up/drop-off areas. ~Phase II —A 36,000 square foot (maximum)classroom addition (2 story)to elementary school building. ~Phase III —A 14,000 square foot (maximum) multi-purpose building (2 story)addition with seating capacity of 300 persons. ~An elementary playground and a practice field (notlighted)will also be incorporated into the development. The elementary school component of the school campus will have a total of 26 classrooms.There are 51 new paved parking spaces proposed to serve the elementary school phase,with additional paved area for drop-off/pick-up vehicular stacking.The hours of operation will be from7:30 am to 5:00 pm,Monday —Friday,with occasional specialevents.The applicant also notes that the proposed buildingwillnotexceed35feetinheight. The applicant is requesting a variance to allow a reduced land use buffer and eliminate the screening fence requirement along the north property line adjacent to the elementary school phase of the school campus.A portion oftheproposedpracticefield,playground area and a corner oftheproposedbuildingextendsintotherequiredbuffer. The proposed site plan shows a ground-mounted sign along theeastsideoftheentrancedrivefromRanchBoulevard.Theapplicantnotesthatthesignwillhaveamaximumheightofsix(6)feet and a maximum area of 57 square feet. B.EXISTING CONDITIONS: There is an existing school building located within the southern portion of the property,with associated paved parking areas.There is a football field and a baseballfieldlocatedwithinthewesternportionofthesite.Theareaofthesiteproposedfortheelementaryschool expansion is undeveloped,with some clearing and grading having taken place.There is undeveloped R-2 zoned propertytothenorthandwest,with single family residences to thenortheast.There is undeveloped MF-18 zoned property across Ranch Boulevard to the east and office uses immediately south of the site. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received several informational phone calls pertaining to this application.All owners of property located within 200 feet of the site,all residents within 300 feet of the site who could be identified,and the 2 October 18,2001 ITEM NO.:5 (Cont.)FILE NO.:2-5405-B Johnson Ranch,Bayonne Place and Aberdeen Court NeighborhoodAssociationswerenotifiedofthepublichearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 2.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy.3.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4.Grading permit will be required on this development. 5.Storm water detention ordinance applies to this property.6.Redesign entrance to eliminate conflicting turns. Contact Bill Henry for details. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entergy:No Comment received. ARKLA:No Comment received. Southwestern Bell:No Comment received. Water:An acreage charge of $300 per acre applies in addition to normal charges.The placement of proposedfirehydrantsmustbeapprovedbytheLittleRockFire Department. Fire Department:No Comment. Count Plannin :No Comment. CATA:Project site is not located on a dedicated bus route and has no effect on bus radius,turnout and route. F.Landsca e Issues: The drainage and utility easement area cannot count toward fulfilling the required 50-foot wide (average width)land use buffer along the northern perimeter.The minimum width allowed at any given point is 9 feet. 3 October 18,2001 ITEM NO.:5 (Cont.)FILE NO.:Z-5405-B The land use buffer along the eastern perimeter drops below the minimum width allowed of 9-foot. A 6-foot high opaque screen,either a wooden fence with its face side directed outward or dense evergreen plantings,is required along the northern and eastern perimeters of the site. An irrigation system to water landscaped areas will be required. A 3-foot wide landscape strip between the public parking areas and buildings is required.However,considerable flexibility with this requirement is allowed. Prior to a building permit being issued,a landscape plan stamped with the seal of a Registered Landscape Architect will be required. G.SUBDIVISION COMMITTEE COMMENTS:(SEPTEMBER 27,2001) Joe White and Bill Windall were present,representing the application.Staff briefly described the revised conditional use permit,noting that some additional information needed to be shown on the site plan. The Public Works requirements were discussed,specifically the requirement to redesign the entrance from Ranch Boulevard for the elementary school phase.Tad Borkowski, of Public Works,explained that the entrance area needed to be redesigned to eliminate conflicting turns.Joe White discussed using traffic cones to control the traffic flow during peak traffic times.The Committee suggested using gates to control the traffic flow.It was suggested that Mr.White meet with the City's traffic engineer and resolve the entrance issue.Mr.White indicated that he would attempt to resolve the issue. The landscape requirements were also discussed.Bill Hall, of the Planning staff,explained the requirements.The required buffer along the northern perimeter was the main topic of discussion.Mr.White noted that he would also attempt to resolve this issue.Staff noted that a variance could be requested,if needed, 4 October 18,2001 ITEM NO.:5 (Cont.)FILE NO.:Z-5405-B After the discussion,the Committee forwarded the revised conditional use permit to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised site plan on October 3, 2001.The revised plan addresses some of the issues as raised by the Subdivision Committee.The applicant has noted building height,dumpster area,sign location and fencing information on the site plan.The required land use buffer width and screening along the east property line have also been provided. The site plan shows a total of 51 parking spaces for this phase of the school campus.A minimum of 26 spaces is required by ordinance.Staff supports the parking plan as proposed. As noted in paragraph A.,the applicant is requesting a variance to allow a reduced land use buffer and to eliminate the screening fence requirement along the north propertylineoftheelementaryschoolphaseoftheschoolcampus.A portion of the practice field,playground area and a corneroftheproposedbuildingextendsintothe50footwide required buffer.There is an 80 foot wide utility and drainage easement along the north property line,which is heavily wooded.This utility and drainage easement cannot count toward the buffer requirement according to Ordinance.Staff feels that the variance request is justified based on the fact that structural improvements within this buffer area will be very minimal and the 80 foot wide utility and drainage easement is densely vegetated.Staff feels that if a utility company or the City cleazs the utility and drainage easement area to install new lines or drainage improvements,the applicant must construct the required screening fence along this property line. To staff's knowledge,the applicant has not yet met with the City's traffic engineer to redesign the entrance area from Ranch Boulevard.As noted at the Subdivision Committee meeting,the entrance area needs to be redesigned to eliminate conflicting turning movements.Staff will attempttoresolvethisissuepriortothepublichearing. 5 October 18,2001 ITEM NO.:5 (Cont.)FILE NO.:2-5405-B Aside from the entrance area redesign issue,there should be no outstanding issues associated with this application. Staff feels that the addition of the elementary school phase to this overall school campus will have no adverse impact on the general area. I .STAFF RECOMMENDATIONS: Staff recommends approval of the revised conditional use permit subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report. 2.Any site lighting must be low-level and directed away from adjacent residential property. 3.The dumpster area must be screened on three (3)sides with an eight (8)foot high opaque fence or wall. 4.The proposed ground-mounted sign will have a maximum height of six (6)feet and a maximum area of 57 squarefeet. 5.Staff recommends approval of the variance to reduce the land use buffer and eliminate the screening requirement along the north property line of the elementary school phase,as noted in paragraph H.of this report.If the 80 foot wide utility and drainage easement along the north property line is ever cleared,eliminating the natural vegetative screen,a six (6)foot high opaque screening fence must be constructed to provide the required screening of the R-2 zoned property to the north. 6.The issue relating to redesign of the entrance area from Ranch Boulevard must be resolved. PLANNING COMMISSION ACTION:(OCTOBER 1 8 g 2001 ) The staff presented a positive recommendation on this application,as there were no further issues for resolution. There were no objectors to this matter. Staff noted that the applicant had met with the City'Traffic Engineer and redesigned the entrance area to the elementary school phase,eliminating conflicting turning movements. 6 October 18,2001 ITEM NO.:5 (Cont.)FILE NO.:2-5405-B 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 9 ayes,0 nays and 2 absent. 7 October 16 2001 ITEM NO.:6 FILE NO.:Z-5557-A NAME:Harris —Revised Conditional Use Permit LOCATION:2923 West 65 Street DEVELOPER:ENGINEER: Rex-Temple,Inc.Christopher and Associates P.O.Box 114 Dallas,TX Lewisville,TX 75067 AREA:0.68 acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:I-2 ALLOWED USES:Retail (Adult bookstore) PROPOSED USE:Adult bookstore,with building addition VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: The property at 2923 West 65 Street (southeast corner of West 65 Street and Murray Street)is zoned I-2,Light IndustrialDistrict.According to the City'Zoning Ordinance Section36-320 (c)(2)g.,a conditional use permit is required for retail uses not specifically listed within the permitted use listingfoztheI-2 zoning district. On April 21,1992,the Planning Commission approved a conditional use pezmit to allow construction of a retail commercial building and pazking areas on this property.The existing one-story commercial building on the property is occupied by a sexuallyorientedbusiness(adult bookstore).The current hours of operation are 24 hours per day,seven (7)days per week. October 18,2001 ITEM NO.:6 (Cont.)FILE NO.:E-5557-A A.PROPOSAL/REQUEST: The applicant proposes to revise the previously approved conditional use permit by constructing an 868 square foot building addition to the east side of the existing one-story commercial building.The proposed building addition will be 16 feet by 54 feet —3 inches and located in an area of existing paved parking.The addition will be constructed to match the existing hadite and stucco with rock structure,in order to maintain the integrity and appearance of the existing structure.The proposed building addition is the only change that the applicant proposes to the existing development. B.EXISTING CONDITIONS: There is an existing one-story commercial building and associated paved parking areas on the property at 2923 West 65 Street.The general area is made up of a mixture of commercial and industrial uses.All surrounding properties are zoned Z-2,Light Industrial District. C.NEIGHBORHOOD COMMENTS: All property owners within 200 feet of the site,all residents within 300 feet of the site who could be identified,and the Upper Baseline,Wakefield and SWLR UP Neighborhood Associations were notified of the public hearing.Staff received one (1)phone call from the president of the Upper Baseline Neighborhood Association expressing opposition to the application. D.ENGINEERING COMMENTS; PUBLIC WORKS CONDITIONS: 1.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2.Plans of all work in right-of-way shall be submitted for approval prior to start of work. With Buildin Permit: 3.Stormwater detention ordinance applies to this property. 4.A Sketch Grading and Drainage Plan will be required per Sec.28-186(e). 5.A Grading Permit will be required per Sec.29-186 (c)and (d). 2 October 18,2001 ITEM NO.:6 (Cont.)FILE NO.:Z-5557-A E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entergy:No Comment. ARKLA:No Comment. Southwestern Bell:Approval as submitted. Water:No Comment. Fire Department:Place fire hydrants per code.Contact Dennis Free at 918-3752 for details. Count Plannin :No Comment. CATA:Project site is located on bus route ()15 and has noeffectonbusradius,turnout and route. F.Landsca e Issues: A landscaping upgrade toward compliance with the Landscape Ordinance equal to the expansion proposal (32%)will be required.Building landscaping between the proposed building and public parking area (where the plan submitted shows gravel)will need to be landscaped with plantings. G.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 27,2001) Ken Greentree was present,representing the application. Staff briefly described the revised conditional use permit, noting that a small amount of additional information needed to be shown on the site plan.Staff noted that the building height,ground-mounted sign location,dumpster location and any existing fencing needed to be shown on the site plan. The Public Works requirements were briefly discussed. Mr.Greentree indicated no issues with these requirements. The Landscape requirements were also discussed.Staff notedthatalandscapingupgradeequaltothepercentageof building expansion would be required.Staff also noted that building landscaping would be required along the east side of the proposed building expansion. 3 October 18,2001 ITEM NO.:6 (Cont.)FILE NO.:Z-5557-A There being no further issues for discussion,the Committee forwarded the revised conditional use permit to the full Commission for final action. H.ANALISIS: The applicant submitted a revised site plan to staff on October 2,2001.The revised plan addresses all of the issues as raised by staff and discussed by the Subdivision Committee.All of the additional notations as requested bystaffhavebeenmade. The site plan submitted shows that there are 29 existing paved parking spaces on the site.The ordinance requires a minimum of 12 parking spaces for a commercial use of thissize.The proposed building addition will eliminate several parking spaces along the east side of the existing building.Staff supports the parking plan as proposed. As noted previously,the existing commercial building is occupied by a sexually oriented business.Staff conducted an analysis of the property with respect to Ordinance No. 15,629,"An ordinance regulating the location of sexually oriented businesses."Staff found that the business continues to be in compliance with the ordinance.Only commercial and industrial uses are located within 750 feet of the property. Otherwise,to staff's knowledge there are no outstanding issues associated with the revised conditional use permit. The proposed building addition complies with the setback and height regulations for I-2 zoned property,and should have no adverse impact on the general area. I.STAFF RECOMMENDATIONS: Staff recommends approval of the revised conditional use permit subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report. 2.The dumpster area must be enclosed on three (3)sides with an eight (8)foot high opaque fence or wall. 4 October 18,2001 ITEM NO.:6 (Cont.)FILE NO.:Z-5557-A PLANNING COMMISSION ACTION:(OCTOBER 4,2001) Staff informed the Commission that this application was inadvertently included in the legal ad for the October 4,2001 meeting,but was actually filed for the October 18,2001 agenda. Staff noted that notices were sent for the October 18,2001 hearing date,and that the application needed to be deferred to that agenda. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 18,2001 agenda.A motion to that effect was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.The application was deferred. PLANNING COMMISSION ACTION:(OCTOBER 18,2001) Ken Greentree was present,representing the application.There were several persons present in opposition.Staff briefly described the Revised Conditional Use Permit request,with a recommendation of approval subject to the conditions as noted in paragraph I.of this report. Commissioner Lowry asked what should be the scope of the Commission'review of this application.Stephen Giles,City Attorney,noted that the use of the property had already been established and that the issue was more of a site plan issue. There was additional discussion of this matter. Ken Greentree requested that he address the Commission after the opposition. Don Darnell,president of the Wakefield Neighborhood Association, addressed the Commission in support of the application.He noted that his neighborhood was the closest single family neighborhood to this property.He stated that his neighborhood had no problem with the proposed expansion of the sexually oriented business and explained.He noted that there was a large amount of vacant commercial buildings in southwest Little Rock,and stated his support of small businesses in the area. Carroll Strickland spoke in opposition to the application.He noted that he was with the Upper Baseline Neighborhood Association and was against the building expansion. 5 October 18,2001 ITEM NO.:6 (Cont.)FILE NO.:2-5557-A Janet Berry,of SWLR UP,also addressed the Commission in opposition.She noted that SWLR UP voted to oppose the application.She noted that her association was opposed to the nature of the business and that there were two (2)new day care centers in the area (more than 750 feet away from the property in question). Pat Gee,president of the Upper Baseline Neighborhood Association,also spoke in opposition.She noted that her association and the Geyer Springs Neighborhood Association opposed the application and explained.She noted that the sexually oriented business did not add anything to the area.She noted that there were other members of her association present who would not speak. The Commission asked the applicant to explain the need for the building expansion.Ken Greentree noted that the interior of the building was small and crowded,and that it was difficult to kept the building clean and orderly.He noted that there would be no new product lines added to the business,as the building expansion was proposed just to make the existing interior less congested. Chairman Downing asked about the exterior appearance of the proposed building addition.Mr.Greentree noted that the proposed building addition would match the existing building. Commissioner Lowry asked Janet Berry if her association discussed anything other than the use of the property.Ms.Berry stated that they had not. Commissioner Floyd noted that the City could not be exclusionary for certain types of uses.Stephen Giles,City Attorney, explained this issue.He noted that this business was the only legal sexually oriented business in the City.Commissioner Floyd asked if southwest Little Rock was the only area of the city where this type of business could be located.Mr.Giles stated that it was not and explained. There was a motion to approve the revised conditional use permit as recommended by staff. Commissioner Faust made comments relating to first amendment issues.She noted that the proposal met all ordinance standards. 6 October 18,2001 ITEM NO.:6 (Cont.)FILE NO.:Z-5557-A Commissioner Adcock noted that she was opposed to the application. Commissioner Nunnley noted support for the application and explained.Chairman Downing made additional comments related to the application. Chairman Downing then called for a vote on the previous motion. The motion passed by a vote of 8 ayes,1 nay and 2 absent.The application was approved. 7 October 18.,2001 ITEM NO.:7 FILE NO.:Z-7093 NAME:Holy Temple Church of God in Christ-Conditional Use Permit LOCATION:1315 S.Pulaski Street DEVELOPER:SURVEYOR: Holy Temple Church of God in Christ Ollen Dee Wilson 1322 S.Pulaski Street P.O.Box 604 Little Rock,AR North Little Rock,AR 72115-0604 AREA:0.16 acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-4 ALLOWED USES:Single family and two-family residential PROPOSED USE:Church parking lot VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The applicant,Holy Temple Church of God in Christ,is requesting a conditional use permit to allow for the construction of a church parking lot on the R-4 zoned property at 1315 S.Pulaski Street.The proposed parkinglotwillbelocateddirectlyacrossSouthPulaskiStreet from the Church. The proposed parking lot will contain 12 angle (60 degree) parking spaces with one-way access from S.Pulaski Street. The alley along the property's east property line will be improved and utilised as an exit point. October 18,2001 ITEM NO.:7 (Cont.)FILE NO.:Z-7093 The parking lot will have seven (7)foot landscape buffers along the north and south property lines.Landscape screening will be utilised along these property lines,in- lieu of wood screening fences. B.EXISTING CONDITIONS: The lot is currently vacant and grass-covered.There are single family residences immediately north and south of thesite,with a mixture of uses further south along Daisy Gatson Bates Drive.The Holy Temple Church is located to the west across South Pulaski Street.There is an undeveloped,grass-covered alley along the property's east boundary,with single family residences across the alley along Cross Street. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received no comment from the neighborhood.All property owners within 200 feet of thesite,all residents within 300 feet of the site who could beidentified,and the Central High,Downtown,Wright Avenue and East of Broadway Neighborhood Associations were notifiedofthepublichearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Driveways shall conform to Sec.31-210 or Ordinance 18,031. 2.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 3.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5.Repair alley for sufficient access. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entergy:No Comment received. ARKLA:No Comment received. Southwestern Bell:No Comment received. 2 October 18,2001 ITEM NO.:7 (Cont.)FILE NO.:Z-7093 Water:No Comment. Fire Department:No Comment. Count Plannin :No Comment. CATA:Project site is not located on a dedicated bus route and has no effect on bus radius,turnout and route. F.Landsca e Issues: The proposed northern and southern perimeter land use buffers fall short of the minimum 6.7 foot width allowed within the designated "mature area".The street buffer minimum width allowed is also 6.7 feet.Additionally,the Landscape Ordinance perimeter landscape strip minimum width allowed is 6.7 feet.The full width requirement without the "mature area"designation by both the Zoning Ordinance and the Landscape Ordinance in each case is 9-feet. A 6-foot high opaque screen,either a wooden fence with its face side directed outward or dense evergreen plantings,is required along the northern and southern perimeters of thesite. A minimum of 6%(312 square feet)of the interior of the vehicular use area must be landscaped.The full requirement without the "mature area"designation is 8%(416 square feet). A water source within 75 feet of all landscaped areas is required. G.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 27,2001) The applicant was not present.Staff briefly described the proposed conditional use permit.Staff noted that the site plan (parking lot)needed to be redesigned so that the appropriate landscape buffers along the north and south property lines and interior landscaping are provided. Staff noted that the applicant would be contacted concerning the changes which needed to be made.There being no further 3 October 18,2001 ITEM NO.:7 (Cont.)FILE NO.:Z-7093 issues for discussion,the Committee forwarded the conditional use permit to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised site plan to staff on October 3,2001.The revised site plan satisfies the issues as raised by staff at the Subdivision Committee meeting. The proposed parking lot has been redesigned using 60 degree angle parking,with a total of 12 parking spaces.The landscape buffers along the north and south property lines have been increased to seven (7)feet in width,thereby satisfying the landscape/buffer requirements.Interior landscaping has also been provided.The applicant also notes that landscape screening will be provided along the north and south property lines. To staff'knowledge,there are no outstanding issues associated with the proposed conditional use permit.The use of this lot for a church parking lot should have no adverse impact on the surrounding properties,with the appropriate buffers and landscaping provided. I .STAFF RECOMMENDATIONS: Staff recommends approval of the conditional use permit subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D and F of this report. 2.The alley along the east property line must be improved to provide appropriate access.The applicant must work with Public Works regarding this issue. 3.Any site lighting must be low-leveled and directed away from adjacent residential property. PLANNING COMMISSION ACTION:(OCTOBER 18,2001) Staff informed the Commission that the applicant submitted aletterrequestingthattheapplicationbedeferredtothe November 29,2001 agenda.Staff supported the deferral as requested. 4 October 18,2001 ITEM NO.:7 (Cont.)FILE NO.:Z-7093 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 29,2001 agenda.A motion to that effect was made.The motion passed by a vote of 9 eyes,0 nays and 2 absent. 5 October 18,2001 ITEM NO.:8 FILE NO.:Z-7094 NAME:Jones —Conditional Use Permit LOCATION:2420 Bragg Street (I-30 Service Road) DEVELOPER:ENGINEER: Paul Jones None 2420 Bragg Street Little Rock,AR 72206 AREA:acres NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:I-2 ALLOWED USES:Industrial PROPOSED USE:Retail VARIANCES/WAIVERS RE VESTED: Deferral of right-of-way dedication for West 25 Street and radial right-of-way dedication for West 25 Street and I-30 Service Road BACKGROUND: The property at 2420 Bragg Street (I-30 Service Road)is zonedI-2,Light Industrial district.According to the City's Zoning Ordinance Section 36-320 (c)(2)g.,a conditional use permit is required for retail uses not specifically listed within the permitted use listing for the I-2 zoning district. A.PROPOSAL/REQUEST: The applicant,Paul Jones,requests a conditional use permittoallowretailsales(inside and outside display)of merchandise on the I-2 zoned property at 2420 Bragg Street. There is an existing building (previously a service station) and concrete parking area on the property.The applicant is proposing to use the property as is,with no additional improvements. October 18,2001 ITEM NO.:8 (Cont.)FILE NO.:Z-7094 Additionally,the applicant is requesting a deferral ofright-of-way dedication for West 25 Street and 20 footradialright-of-way dedication for the corner of West 25StreetandtheI-30 Service Road.The property owner notesthathisretailuseisonlytemporary,and that the property owners eventually plan to re-develop this site as a main entrance area for the old V.A.property to the west. B.EXISTING CONDITIONS: As noted above,there is an existing commercial building andconcreteparkingareaontheproperty.The property iscurrentlyoccupiedbyMr.Jones'etail business which hasoutsidedisplayofmerchandise. The old V.A.Hospital property is located immediately westofthesite,with the I-30 Service Road along the property'seastboundary.There is a service station immediately southofthesiteatthenorthwestcornerofRooseveltRoadandI-30.There is O-l and R-4 zoned property across West 24Streettothenorth,which contain a mixture of single family residences and vacant lots. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received no comment from the neighborhood.All property owners within 200 feet of thesite,all residents within 300 feet of the site who could beidentified,and the East of Broadway,Community Outreach, Meadowbrook,and MacArthur Park Neighborhood Associations were notified of the public hearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.West 24 Street is classified on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 2.A 20 foot radial dedication of right-of-way is requiredatthecornerofWest24andI-30 Service Road.3.West 25 Street is classified on the Master Street Plan as a commercial street.Dedicate right-of-way to 30feetfromcenterlineorpetitiontoclose. 4.A 20 foot radial dedication of right-of-way is requiredatthecornerofWest25StreetandI-30 Service Road. 2 October 18,2001 ITEM NO.:8 (Cont.)FILE NO.:Z-7094 With Buildin Permit: 5.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Eliminate one driveway on I-30 Service Road. 6.Provide design of streets confozming to "MSP"(Master Street Plan).Construct one-half street improvements to these streets including 5-foot sidewalks with planned development.(West 25 "and West 26 Streets) 7.Repair or replace any curb and guttez sidewalk that is damaged in the public right-of-way prior to occupancy. 8.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 9.Obtain permits for improvements within State Highway right-of-way from AHTD,District VI. 10.Stozmwater detention ordinance applies to this property.11.Easements shown for proposed storm drainage are required. 12.Grading permit will be required on this development. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entergy:Pole line is an existing easement.Pole line will need to be relocated at owner's cost before approval.Contact Thomas Roach at 954-5165 for details. ARKLA:No Comment received. Southwestern Bell:No Comment received. Water:No Comment. Fire Department:No Comment. Count Plannin:No Comment. CATA:Project site is not located on a dedicated bus route and has no effect bus radius,turnout and route. F.Landsca e Issues: Since there is no building expansion or new vehicular use areas proposed,no landscape upgrade is required. 3 October 18,2001 ITEM NO.:8 (Cont.)FILE NO.:Z-7094 G.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 27,2001) Paul Jones was present,representing the application.Staff briefly described the proposed conditional use permit, noting that a few additional items needed to be shown on the site plan.Mr.Jones noted that there would be no ground-mounted signage on the property. The Public Works requirements were the main topic of discussion.Mr.Jones noted that he would request a deferral of the right-of-way dedication for West 25 "Street and the radial dedication for West 25 "Street and the I-30 Service Road.This issue was discussed at length. Mr.Jones noted that he would like to leave the existing fence along the north property line and the corner of West 24 Street and the I-30 Service Road,after the required right-of-way is dedicated.Tad Borkowski,of Public Works, noted that Public Works would support a franchise to leave the fence in place after the dedication. Bill Hall,of the Planning Staff,noted that there would be no upgrade in landscaping required,based on the fact that there is no building expansion or new vehicular use area proposed. There being no further issues for discussion,the Committee forwarded the conditional use permit to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised site plan to staff on September 28,2001.The revised plan addresses the issues raised as a result of the staff review and presented at the Subdivision Committee meeting.The boundary of the outside display area,existing fencing information,existing parking and dumpster location have been shown on the site plan. The City's Zoning Ordinance requires a minimum of eight (8) parking spaces to serve a commercial use of this size. There is ample existing concrete parking area to meet the minimum requirement. 4 October 18,2001 ITEM NO.:8 (Cont.)FILE NO.:Z-7094 As noted in paragraph A.,the applicant is requesting a deferral of additional right-of-way dedication for West 25 " Street (along the property'south boundary)and the 20 foot radial dedication at the corner of West 25 Street and the I-30 Service Road.The applicant notes that his proposed retail use is a temporary use,and that the property owners plan to re-develop this site in the future as a main entrance area for the old V.A.Hospital property,which is currently owned by the Institute In Basic Life Principles. Public Works notes support of the deferral for five (5) years or until re-development of this pzoperty,whichever occurs first.Public Works also supports a franchise to allow the applicant to keep the existing fence along the north property line and at the northeast corner of the property,after the required right-of-way foz West 24 Street and the 20 foot radial right-of-way at the corner of West 24 "Street and the I-30 Service Road have been dedicated. Otherwise,to staff'knowledge there are no outstanding issues associated with this application.Staff feels that aretailuse(with outside display)on this property will have no adverse effects on the adjacent properties or the general area. I .STAFF RECOMMENDATIONS: Staff recommends approval of the conditional use permit subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D and E of this report. 2.The dumpster area must be enclosed on three (3)sides with an eight (8)foot high opaque fence or wall. 3.The applicant must obtain a franchise for the existing fence along West 24 Street and at the northeast corner of the property,after the required right-of-way dedication. 4.Staff supports the deferral of right-of-way dedication foz West 25 Street and the 20 foot radial right-of-way dedication for the cozner of West 25 Street and the I-30 Service Road for five (5)years or until re-development of the property,whichever occurs first. 5 October 18,2001 ITEM NO.:8 (Cont.)FILE NO.:Z-7094 PLANNING COMMISSION ACTION:(OCTOBER 18,2001) The staff presented a positive recommendation on this application,as there were no further issues for resolution. There were no objectors to this matter. 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 9 ayes,0 nays and 2 absent. 6 PLANNING COMMISSION VOTE RECORD DATECD -~~l CD~SE ~@ k&u~wa MEMBER 3I 4 RECTOR,BILL DOWNING,RICHARD FLOYD,NORM ~0 0 NUNNLEY,OBRAY v BERRY,CRAIG ADCOCK,PAM e RAHMAN,MIZAN A LOWRY,BOB ALLEN,FRED,JR. v''AUST, JUDITH v'USE,ROHN MEMBER RECTOR,BILL DOWNING,RICHARD FLOYD,NORM NUNNLEY,OBRAY BERRY,CRAIG ADCOCK,PAM RAHMAN,MIZAN LOWRY,BOB ALLEN,FRED,JR. FAUST,JUDITH MUSE,ROHN Meeting Adjourned Ki ~O P.M. AYE NAYE ~ABSENT ~ABSTAIN ~RECUSE October 18,2001 There being no further business before the Commission,the meeting was adjourned at 5:20 p.m. //W'-ol e re ary Chairman