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pc_11 15 2001subLITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD NOVEMBER 15,2001 4:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being eleven in number. II.Approval of the Minutes of the October 4,2001 meeting. The minutes were approved as mailed. III.Members Present:Richard Downing Fred Allen,Jr. Craig Berry Judith Faust Bob Lowry Norm Floyd Rohn MuseBillRector Mizan Rahman Obray Nunnley,Jr. Robert Stebbins Members Absent:None City Attorney:Stephen Giles LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA NOVEMBER 15,2001 4:00 P.M. I.DEFERRED ITEMS: A.Bridies Haven Addition —Preliminary Plat (S-1322),South side of Mann Road,approximately 400 feet east of Leah Lane B.LU01-08-02 —A Land Use Plan Amendment in the Central City Planning District from Single-family to Commercial C.Rodgers —Short-Form PCD (Z-4985-E),2408 Wolfe Street /2407 Battery Street D.Enterprise-Broadway —Short-Form PCD (Z-7090),Southeast Corner of West 3'treet and Broadway II.PRELIMINARY PLATS: 1.Mystery Woods Addition —Preliminary Plat (S-1326),NorthoftheintersectionofWest57StreetandFreelandDrive 2.Otter Creek Business Park Addition —Preliminary Plat (S-1328),Northwest Corner of Otter Creek Parkway and Stagecoach Road 3.Covenant Cove Addition —Preliminary Plat (S-1329), Southwest Corner of Rutgers Drive and Lehigh Drive 4.Kidco Addition —Preliminary Plat (S-1330),Located approximately 750 feet north of the Northwest Corner of Chenal Parkway and Kirk Road III.PLANNED ZONING DEVELOPMENTS: 5.A Land Use Plan Amendment in the West Little Rock PlanningDistrict,Located at 2400 Block of Glover Street fromSingle-family and Multi-family to Commercial,(LU01-03-02) Agenda,Page Two III.PLANNED ZONING DEVELOPMENTS:(CONT.) 5.1 Window Works —Short-Form PD-C (Z-3250-A),2410 Glover Street 6.Stewart —Short-Form PCD (Z-7105),4200 John Barrow Road 7.Sea Inc —Short-Form PID (Z-7106),Southeast Corner of Sibley Hole Road and West Baseline Road 8.A Land Use Plan Amendment in the Central City Planning District,Located at 2416 South Chester Street from Single- family to Suburban Office,(LU01-08-03) 8.1 Center for Healing Hearts and Spirits Short Form PD-0 (Z-7107),2416 South Chester Street IV.SITE PLAN REVIEWS: 9.Healthy Lawns and Shrubs Inc.Subdivision Site Plan Review (S-1327),Located on the West side of Westpark Drive, approximately 450 feet South of West 12 Street V.OTHER MATTERS: 10.Adoption of 2002 Planning Commission Calendar BA R R E T T l( 4 5 RO A D o 8 z Pu b l i c He a r i n g AR K A N S A g it e m s 45 P FX 'P P ( ( 5 5. 1 PI V 4 ( I 8 1- 4 5 6 ~ 4 I 49 ' @ IC V PR I D E VA L E MA R K H A M LE E Rl Vs - R MA R K M CI T Y UM I T S o 1- 6 5 KA N I S z 1- 6 5 6 o MW S 12 M 12 T H 9 TH o o E IO T H e( H 8 IP OC ( Y C( E RO O S E V E L T 8 M I- S D AM QV P ( M 3 8 RO O S E V E L T LA W S O N 8 8. ~ I- 4 4 D -4 4 LA R S O N 1 FR A l l E R PI K E o QT Y UM I 1 5 ZE U B E R DA V I D 8 3 8 oo KI O' D O D D 65 T H 65 M RA I N E S VA L L E Y GT Y OM I T S ? I- 50 65 DI X O N BA S E L I N E A EL I N E 2 o~ 7 Y PC I L DI X O N L 56 5 OT T E R AR E ( V A L E MA VA CU T O F F CR E E K WE S T BU N K E R 2 CF VI N S O N Y Q DR E H E R AL E X A N D E R 5 YE R SP C S . I C OF F CU T O F F o I CU T O F F \ CI T Y LI M I T S OA ' L 16 1 6 56 5 A R SH E PR A T T 14 5 T H Pl a n n i n g Co m m i s s i o n Ag e n d a No v e m b e r 15 , 20 0 1 November 1 ,2001 ITEM NO.:A FILE NO.:S-1322 NAME:Birdies Haven —Preliminary Plat LOCATION:South side of Mann Road;approximately 400 feet east of Leah Lane DEVELOPER:ENGINEER: Independent Investment Marlar Engineering Management Group 5318 J.F.K.Blvd. 6808 Baseline Road No.Little Rock,AR 72116 Little Rock,AR 72209 AREA:1.84+acres NUMBER OF LOTS:7 FT.NEW STREET:315+ ZONING:R-2 PLANNING DISTRICT:15 CENSUS TRACT:41.05 VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL: The applicant proposes to subdivide a 1.84+acre tract into 7 single family residential lots,with an eighth tract to be set aside as a small park area.A single cul-de-sac is proposed to access the subdivision from Mann Road. STAFF REPORT: The applicant was not present at the September 13,2001 Subdivision Committee meeting.Staff informed the Committee 1 November 1.-2001 SUBDIVISION ITEM NO.:A (Cont.)FILE NO.:S-1322 that there were many deficiencies in the proposed plat.The Committee determined the item should be deferred to the next regularly scheduled Subdivision agenda.Staff advised the applicant of this action and provided him a copy of the staff comments that were presented at the Subdivision Committee meeting. PLANNING COMMISSION ACTION:(OCTOBER 4,2001) The applicant was not present.There were no objectors present. A letter of opposition had been received from Janet Berry, President of SWLR UP.Staff informed the Commission that the item needed to be deferred due to the many deficiencies in the proposed plat.There was no further discussion. The item was placed on the Consent Agenda and deferred to the November 15,2001 meeting by a vote of 9 ayes,0 noes and 2 absent. STAFF UPDATE: On October 24,2001,the applicant submitted a letter requesting the item be deferred until the next Subdivision Hearing, January 3,2002. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Staff informed the Commission that the applicant submitted aletteronOctober24,2001 requesting that this item be deferred to the January 3,2002 agenda.Staff supported the deferral request. The item was placed on the Consent Agenda and approved for deferral to the January 3,2002 meeting by a vote of 11 ayes, 0 noes and 0 absent. 2 November j.5,2001 ITEM NO.:B FILE NO.:LU01-08-02 Name:Land Use Plan Amendment —Central City Planning District Location:2408 Wolfe St. Rscenest:Single Family to Commercial Source:Emma Rogers PROPOSAL /REQUEST: Land Use Plan amendment in the Central City PlanningDistrictfromSingleFamilytoCommercial.The Commercial category includes a broad range of retail and wholesale sales of products,personal and professional services,and general business activities.Commercial activities vary in type and scale,depending on the trade area that they serve.The applicant wishes to use the property for day care and selected 0-1 and C-2 uses. EXISTING LAND USE AND ZONING: The property is occupied by a vacant building and is currently zoned R-4 Two Family and R-5 Urban Residence andisapproximately.94+acres in size.All of the surrounding property is zoned R-4 Two Family.A church occupies the neighboring property to the south while the property to the west is the campus of the Mitchell Elementary School.The remainder of the surrounding property is developed with housing. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On January 4,2000 a change was made from Single Family to Mixed Use at 2311 S.Spring Street about 1 mile East of the applicant's property. On June 15,1999 a change was made from Single Family and Mixed Use to Public Institutional on Wright Avenue and Park Street about a '&mile Northwest of the property in question. On June 1,1999 a change was made from Mining to Park/Open Space,Industrial,and Single Family at Arch Street and I- 30 about 1 mile Southeast of the area in question. \ November 15,2001 SUBDIVISION ITEM NO.:B (Cont.)FILE NO.:LU01-08-02 The applicant's property is shown as Single Family on the Future Land Use Plan.The surrounding property is all shown as Single Family except for the property to the west that is shown as Public Institutional. MASTER STREET PLAN: The Master Street Plan shows Roosevelt Road as a Principal Arterial.24 "Street,Battery Street,and Wolfe Street are shown as Standard Residential streets.There are no bikeways shown on the Master Street Plan that would be affected by this amendment. PARKS: The 2001 Little Rock Park and Recreation Master Plan proposes an eight-block strategy of providing facilities within an eight block radius of all residential areas.The plan also states that playground facilities (such as the one at Mitchell Elementary)are included in the eight-block strategy. 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 the Central High School National Historic District.The historic district is intended to preserve the neighborhood surrounding the historic site.Any future development in this area would need to fit the design guidelines of the historic district. The purpose of the guidelines is to provide standards to preserve the area's unique architectural heritage.The guidelines are not intended to hinder the continued maintenance or repair of a structure,but are used primarily for projects that involve a new addition to a house or for design projects that may be seen from the street.Overall,the intension of design guidelines is for the preservation of a structure's architecture;guidelines 2 Novembe '"15,2001 SUBD IVI S ION ITEM NO.:B (Cont.)FILE NO.:LU01-08-02 are viewed as broadly as possible in order to enable the property owner to maintain the property and retain architectural elements. Mitchell Elementary School is located across Battery Street from this application and the Gospel Temple Baptist Church lying immediately to the south.The neighboring public institutional uses are of a scale that is compatible with the surrounding neighborhood.C-2 and 0-1 uses,as proposed,in the neighborhood would introduce the potential for a wide variety of uses near the elementary school. Some of the allowable uses such as daycare center,private schools,and kindergartens would be compatible with the school across the street and fit the character of the neighborhood.Other allowable uses such as eating establishments,beauty shops,and Laundromats would not be compatible with the school across the street and would notfittheresidentialcharacteroftheneighborhood. Commercial uses across from a school on a residential street may cause traffic conflicts from both the loading and unloading of school students and the commercial traffic throughout the day.In addition,the residential streets serving the property would need to support a greater volume of traffic than the streets are designed to accommodate. The applicant'property sits in the middle of the block midway between Roosevelt Road to the south and W.24 Street to the north.The applicant's property fronts on both Wolfe and Battery Streets.However,the frontage along Wolfe Street is wider than the frontage along BatteryStreet.Any conflicts of loading and unloading of students would occur on Battery Street.Regardless of which side of the applicant's property the loading and unloading of students takes place,the loading and unloading would take place in mid-block. Most of the neighborhood's commercial property sits at the intersection of Roosevelt Road and Dr.Martin Luther KingJr.Drive.There is also vacant property zoned for commercial uses located west of Summit Street on Roosevelt Road. 3 Novembe~..5,2001 SUBDIVISION ITEM NO.:B (Cont.)FILE NO.:LU01-08-02 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Capitol Hill Neighborhood Association, Central High Neighborhood Association,East of Broadway Neighborhood Association,Meadowbrook Neighborhood Association,MLK Neighborhood Association,South End Neighborhood Association,South End Neighborhood Developers,and Wright Avenue Neighborhood Association.At this time staff has not received any comments from area residents or neighborhood associations. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.A change to Commercial would place a conflicting land use category inside a residential neighborhood in an area where there are available existing non-developed commercial areas. PLANNING COMMISSION ACTION:(OCTOBER 4~2001) Brian Minyard,City Staff,made a brief presentation to the commission.Dana Carney,City Staff,initiated a discussion about the timing of the notices for the related zone change case in item 2.1.After a brief discussion between the Planning Commission,City Staff,the representative of the applicant,and Mr.Cedric Rogers,a determination was made that the applicant missed the deadline for mailing notices to the neighboring property owners.Because of this The Commission voted to defer the request for rezoning.A determination was made to defer the Land Use Plan item in order to be discussed at the same meeting as the related zoning item. A motion to defer item 2 to the November 15,2001 meeting and was approved with a vote of 8 ayes,1 no,and 2 absent. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Brian Minyard,City Staff,made a brief presentation to the commission.Donna James,City Staff,made a presentation of 4 Novembe~i5,2001 SUBDIVISION ITEM NO.:B (Cont.)FILE NO.:LU01-08-02 item C so the discussion could coincide with the discussionforitemB.See item C for a complete discussion concerning the Short,Form Planned Commercial Development. Ruth Bell,representing the League of Women Voters of Pulaski County,spoke in opposition to the Land Use Plan Amendment.Ms.Bell stated that the amendment would place a Commercial use in an area surrounded by PublicInstitutionalandSingleFamilyuses. Discussion that followed focused on the zoning action. A motion was made to defer items B &C to the November 29, 2001 Planning Commission Meeting.The deferral failed with a vote of 3 ayes,8 noes,and 0 absent. A motion was made to approve item B as presented.The item was denied with a vote of 0 ayes,11 noes,and 0 absent. 5 \ November 1 ,2001 ITEM NO.:C FILE NO.:Z-4985-E NAME:Rodgers Short-Form PCD LOCATION:2408 Wolfe Street DEVELOPER:ENGINEER: Emma Rodgers Michael Hahn,Architect 717 Bradburn Road P.O.Box 1285 No.Little Rock,AR 72117 Little Rock,AR 72203 AREA:.64+acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING: Current:R-4 and R-5 Proposed:PCD ALLOWED USES:Residential PROPOSED USE:Mixed Use Development including duplex, daycare and selected 0-1 and C-2 uses. VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: On April 19,1988,the Board of Directors passed Ordinance No. 15,460 rezoning this property from R-4 and R-5 to PRD to allow a residential and child care facility.On January 16,1990,the Board passed Ordinance No.15,801 revising the PRD to eliminate the residential care facility part of the project and replaceditwithanadditionaldaycarefacility. On June 20,1995,the Board of Directors passed Ordinance No.16,919 which rezoned the property from PRD to POD.The uses which were permitted in and on the POD site were to be limited 'I November 1 ,2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E to the two-family dwelling which is located at 2407 S.BatteryStreetandthedaycarefacilitywhichwasauthorizedby Ordinance No.15,801,plus the following uses from the 0-1 and C-2 list of permitted uses:church;clinic (medical,dental,or optical);community welfare or health center;day nursery or day care center;lodge or fraternal organization;nursing home or convalescent home;office (general or professional); photography studio;private school,kindergarten,or institutionforspecialeducation;school (business);school (public or denominational);studio (art,speech,drama,dance,or otherartisticstudio);barber and beauty shop;and,eating place,limited to the ground floor of the existing building,with a maximum of 800 square feet,to be a sit-down facility withoutdrive-in or drive-thru service and with carryout permitted,but with no delivery service allowed. To this date,the property has never completely developed and most of the building is currently vacant.The parking lot within the southern portion of the property was never constructed. The applicant,Emma Jean Rogers,submitted a letter to staff on April 28,1999,requesting that the existing POD be revoked and the property revert to its original R-4 and R-5 zoning.Mrs. Rogers sold a portion of the property to Gospel Temple Baptist Church for development of a church facility. Lots 2,4-10,Block 9,McCarthy's Addition,Lot 10 and the South 'c of Lot 11,Block 8,Oak Terrace Addition reverted to R-4 zoning.Lots 11 and 12,Block 9,McCarthy's Addition revertedtoR-5 zoning. On July 6,1999,the Board of Directors passed Ordinance No. 18,045 which revoked the three previous PZD ordinances.On May 27,1999,the Planning Commission had approved a conditional use permit for a church to be constructed on the southern portion of the site.That church has been constructed. A.PROPOSAL/REQUEST: The applicant is now requesting that the variety of 0-1 and C-2 uses authorized under the 1995 Planned Development bereinstated.Those uses are outlined in the previous paragraph.Development consists of the one,large buildingthatstretchesfromWolfeStreettoBatteryStreet,24on-site parking spaces and rebuilding a portion of the building that was damaged by a tornado.The applicant proposes to use the 49 parking spaces on the adjacent church site during non-church hours. 2 November l.,2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E B.EXISTING CONDITIONS: The site is occupied by a large,18,038 square footbuilding.Portions of the building are two-stories inheight.The portion nearest Battery Street is one-story inheight.A portion of the structure was damaged in a tornado and is proposed to be rebuilt.A paved but otherwise unimproved parking area is located north of thebuilding.A completely unimproved parking area is south ofthebuilding.The southern portion of the block has beenrecentlydevelopedasanewchurch.Large areas of single family and two family residences extend north,east and south of this property.An elementary school is located west of the site,across Battery Street. C.NEIGHBORHOOD COMMENTS: All owners of property within 200 feet of the site were to have been notified by the applicant.Staff notified allresidentswithin300feetwhocouldbeidentifiedandthe Downtown,Central High and Wright Avenue NeighborhoodAssociations.As of this writing,staff has received no comments. 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.Stormwater detention ordinance applies to this property.5.A Sketch Grading and Drainage Plan will be required per Sec.29-186(e). 6.A Grading Permit will be required per Sec.29-186(c) and (d). E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main located on site.Contact Little Rock Wastewater Utility for details.See Attached Map. Entergy:No Comments. 2QUCLA:No Comments. 3 November 1 ,2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E Southwestern Bell:No Comment. Water:Contact Central Arkansas Water if larger or additional meters are needed. Fire Department:Approved as submitted. Count Plannin :No Issues. CATA:Project site is located on bus routes ¹11 and 14 and may affect bus radius,turnout and route.Please inform CATA of construction start and end dates. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is located in the Central City Planning District.The Land Use Plan shows Single Family for this property.The applicant has applied for a Planned Commercial Development for a day care center.The property is currently zoned R-4 Two-Family and R-5 Urban Residence. 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 an area not covered by a city recognized neighborhood action plan. Landsca e Issues: A landscaping upgrade toward compliance with the Landscape Ordinance equal to the expansion proposed (14%)will be required. G.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 13,2001) The applicant was not present.Staff informed the Committee of the need for more information on hours of operation,dumpster location,signage and the size of the daycare operation.Public Works and Landscape Comments were noted.Staff noted no agreement to allow use of the church parking lot had been submitted. 4 November 1 ,2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E Staff was asked to meet with the applicant.The Committee determined there were no other issues and forwarded the item to the Commission. H .ANALYSIS: Subsequent to the Subdivision Committee meeting,staff did meet with the applicant.Some issues were resolved.The day care center use was much more clearly defined.The proposed day care will have a maximum of 100 children and 10 employees.Hours of operation for the day care are 6:00 a.m.—6:00 p.m.,Monday —Friday.One,8 feet by 12 feet ground mounted sign will be placed on the east side of the property.One,3 feet by 14 feet wall sign will be mounted on the west faqade,facing Battery Street.No additional fencing will be installed.Existing,6 feet tall wood privacy fencing on the north and south perimeters will remain.The parking lot south of the building will be paved.There will be no outside lighting other than lighting at the entry doors. Authorization to use the church parking lot has not yet been received.No further details on any of the other proposed uses have been submitted. Staff is not supportive of the application,as filed.In our opinion,the multiple office and commercial uses proposed from the 0-1 and 0-2 zoning districts are not appropriate for this location.The property is located in the heart of a primarily single-family residential neighborhood.This neighborhood extends both north and south of Roosevelt Road,in all directions for several blocks around the site.The neighborhood is,at best,fragile;a situation compounded by the recent tornado that damaged or destroyed so much of the neighborhood's residential housing stock.Staff is concerned that introducing the variety of non-residential uses proposed by the applicant into this area would further exacerbate the situation by negatively impacting the livability of adjacent residential properties. Staff does believe that allowing a neighborhood oriented institutional use,such as the day care center would be appropriate.The two blocks on the north side of Roosevelt,from Wolfe to Summit have developed as a neighborhood "institutional node."An elementary school 5 November 1 ,2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E occupies one block while a new church has been built on the southern half of the subject block.Allowing a day care center to be located in this "node"seems appropriate. It is staff's opinion that the neighborhood would be better served by limiting the use to the day care;not by allowing the variety of office and commercial uses proposed by the applicant. Staff would recommend that the application be amended to a conditional use permit to allow only the day care center operation,as proposed. I .STAFF RECOMMENDATIONS: Staff recommends denial of the application,as filed. PLANNING COMMISSION ACTION:(OCTOBER 4~2001) This item was presented in conjunction with Item No.2, LU01-08-02;a Land Use Plan Amendment. Brian Minyard,of the Planning Staff presented the proposed Plan Amendment. The applicant was present.There was one objector present. Staff informed the Commission that it appeared that the required notices for the rezoning had been sent later than the required 15 days.The post-mark on the certified mail receipts was unclear but it appeared that the notices were sent no earlier than 14 days and possibly be late as 5 days prior to the meeting. Cedric Rodgers,representing the application,stated he thought the notices were sent September 24,2001,10 days prior to the meeting.The Commission studied the mail receipts and reached a consensus that the notices had been sent late. Staff commented that the objector who was present had stated that,although she lives next door,she did not received any notice from the applicant.She had received staff's notice. 6 November 1 -2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E Mr.Rodgers was advised to renotify,in a timely manner.A motion was made to defer the item to the November 15,2001 meeting.The motion was approved by a vote of 8 ayes,1 noe and 2 absent. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) The applicant was present.There were three objectors present. This item was presented in conjunction with Item ¹B,LU01-08-02, a Land Use Plan amendment.Staff informed the Commission the applicant did not obtain a certified abstract list for property owners within 200 feet of the site.The applicant used an abstract listing from a previous application and researched owners at the County Clerks office.There was some question ifallpropertyownerswithin200feetwerenotified.A waiver of the By-Laws was required to accept the notification as presented.After a brief discussion a motion was made to waive the By-Laws and accept the notification to adjacent property owners as presented.The vote passed 7 ayes,3 noes,0 absent and 1 abstention (Robert Stebbins). Staff presented the proposed plan amendment.Staff then presented the proposed PCD and recommended denial of the application as filed.Staff indicated the neighborhood would bebetterservedbylimitingtheuseofthepropertytoan institutional type use such as a daycare facility.Staff recommended the application be re-filed as a Conditional Use Permit to allow a daycare center to operate on the property. Ms.Emma Rodgers was present representing the application.She indicated she was trying to rezone the property to the PRD zoning it previously had. Ms.Arkie Byrd spoke in opposition to the application.She stated she had been a resident of the neighborhood since 1986 and had made a deliberate and conscious choice to live in the area.She stated she would like to see the neighborhood retain the current character plus see a resurgence.She stated rezoning this property to commercial was not in the bestinterestoftheneighborhood.Ms.Byrd stated the school and the church had stabilized and enhanced the neighborhood.She stated she would not oppose a Conditional Use Permit for a daycare center since it was a daycare before and there was a 7 November 1 ,2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E need in the area for this service.She stated her objection was to the broad based proposal to rezone the property to commercial,which would create conflict and increased traffic into the area.Ms.Byrd stated she lived diagonally from the proposed project. Ms.Ruth Bell,League of Women Voters of Pulaski County,stated the League was opposed to both Items B and C.She stated the Land Use Amendment would be placing commercial in an area of residential and public instructional uses and this was a smallsite.Ms.Bell voiced opposition to the rezoning because it was so wide open and if approved would allow such a wide range ofofficeandcommercialtypeuses.To the League,she stated,a neighborhood type activity like a daycare center would be more appropriate for the site. John Phillips stated he had lived in the neighborhood since 1966 and he and his family had made a conscious decision to move into the area.He stated he lived next door to the site,at 2400 Wolfe Street.He stated the area has a great history and was growing and he would like to see the area continue to grow.HestatedhehadspokentoMr.Rodgers and indicated he would not oppose a daycare center but any other commercial type use would not be appropriate and would be a detriment to the neighborhood. Commissioner Floyd questioned if the parking problem had been resolved.Dana Carney,of the Planning Staff,indicated a shared parking agreement had not been reached with the church. Commissioner Nunnley stated he lived one and one-half blocks from the site and he was aware the applicant had failed toutilizetheproperty.He stated there was a fire and the property sat vacant for a while.He stated he and many of the residents of the area had been able to turn the area around and make the area a viable residential area again.He stated a daycare would be an appropriate use of this property but a commercial use would be a detriment to the community. Commissioner Lowry questioned if the applicant could amend the current application to be a daycare center application.Mr. Lawson stated this would be a possibility since staff had the necessary information for a Conditional Use Permit.Dana Carneystatedonpage5ofthewrite-up for this item,the staff analysis goes into some detail of hours of operation,the numberofemployeesandthenumberofchildrentobeserved.He stated those were typically the questions,which are answered as part 8 November 1 —2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E of a Conditional Use Permit application.Mr.Carney stated if this application were amended,staff's recommendation would be approval based on compliance with the conditions stated in thefirstparagraphofthestaffanalysis. Commissioner Lowry asked Ms.Rodgers if she would be agreeable to amend the current application to a Conditional Use Permit for a daycare center based on the concerns which had been raised. Commissioner Lowry stated this would help to eliminate some of the concerns of the neighbors that the location might someday become a use not desirable to the neighborhood. Ms.Rodgers asked why if it were zoned PRD in 1999 and the uses were not a problem then,why now have the uses become a problem. Commissioner Lowry stated at the time the changes were made it was beneficial to the neighborhood and now it would not be beneficial to the neighborhood.He stated the fact that it was that way before does not mean it is beneficial now. Commissioner Nunnley stated the Central High Neighborhoods had performed a housing survey in the area to designate the area as a historical area.To add a commercial element into the area would be a detriment to the work,which had gone into the area to preserve the area and housing stock.Commissioner Nunnley stated five years later when people have moved back into the neighborhood,the neighborhood is on an upswing and preservation of the residential character is important,this use is not conducive.Had the applicant gone forward with the plans when approved,he surmised,this would be a different discussion. Commissioner Rector stated to Ms.Rodgers that she was entitled to a vote for what she had applied for.She stated she understood that but questioned if she could amend her application to remove some of the uses to be allowed but still be allowed more than a daycare center because there may be a need to change types of businesses at the location. Commissioner Nunnley stated to put a commercial business in a residential area just because you own the land is not a good planning practice. Commissioner Faust questioned Ms.Rodgers if she was aware that she had not applied for a Planned Residential Development but for a Planned Commercial Development.Commissioner Faust stated the issue was the commercial aspect of the development. 9 November 1.2001 SUBDIVISION ITEM NO.:C FILE NO.:2-4985-E Commissioner Allen asked if the applicant would be willing to amend the application to a CUP for a daycare center.Mr. Sedrick Rodgers,son of the applicant,stated the original plan was to have a PRD,residential and daycare.If the daycare did not work then it would be changed back to residential.He stated they would be willing to amend the application to a PRDiftheCommissionwouldapprovetheapplicationatthishearing. Chairman Downing asked Mr.Giles if the applicant could amend the application between the Planning Commission and the Board ofDirectors.Mr.Giles stated this was a possibility but the Board could elect to send the application back requesting the Planning Commission to review the application as presented at the Board level. Commissioner Lowry made a motion for approval of the item as presented including all staff recommendations and comments. Commissioner Rector asked staff if the applicant wanted to amend the application to a CUP or a PRD ~Mr.Lawson stated a PRD butstaffwasunclearontheresidentialportionoftheapplication. He stated staff had a clear understanding of the daycare aspectoftheproposal.Commissioner Rector asked the applicant how the residential component of the PRD would be structured.We understand the daycare would be a daycare said Commissioner Rector.Ms.Rodgers stated the she wanted what was in placepriorto1999. Commissioner Rector questioned staff as to what residential piece could be included in the application.Mr.Lawson stated the remainder of the property could be duplex or single-family. He stated the Commission would have to make a motion to allow the staff to work with the applicant to work out the details between the current hearing and the Board meeting. Commissioner Nunnley stated he realized there was a movement forfasttracknegotiations,however,he did not think this was the application to try this technique on.He stated the Commission was talking about an item that was going to affect the neighborhood and he did not feel comfortable voting on an item and letting staff and the applicant work out the details.Hestateddetailsshouldberesolvedandtheapplicationbrought, back to the Commission and voted on with a recommendation to send to the Board.Mr.Carney stated staff would work with the applicant and bring the details back to the Commission in two weeks. 10 November 1 -2001 SUBDIVISION ITEM NO.:C FILE NO.:Z-4985-E Commissioner Lowry rescinded his previous motion. Commissioner Lowry made the motion for deferral of Items B and C for two-weeks (November 29,2001).The vote failed 3 ayes,8 noes,and 0 absent. Commissioner Lowry then made a motion for deferral of Item C. The item failed 5 ayes,6 noes and 0 absent. Chairman Downing stated that it would be best to move the item to the Board. Commissioner Lowry made a motion for the approval of Item B to include all staff recommendations and comments.The vote failed 0 ayes,11 noes,and 0 absent.Commissioner Lowry then made a motion for approval of Item C as filed to include all staff recommendations and comments.(This is voting on the PZD asfiledwithoutthestaffrecommendationforadaycarecenter.) The vote failed 0 ayes,11 noes and 0 absent. Mr.Lawson asked if the Commission would vote to waive the feeiftheapplicantweretoreapplywithinatimelymanner. Commissioner Rector made the motion to waive the fee if the applicant reapplies within one year.The vote passed 11 ayes,0 noes and 0 absent. 11 November 1 ,2001 ITEM NO.:D FILE NO.:Z-7090 NAME:Enterprise —Broadway —Short-Form PD-C LOCATION:Southeast corner of 3 and Broadway DEVELOPER:ENGINEER: Allright Parking White-Daters 209 West 6 "Street 24 Rahling Circle Little Rock,AR 72201 Little Rock,AR 72223 AREA:.32 acres NUMBER OF LOTS:2 FT.NEW STREET:0 ZONING: Current:UU Proposed:PD-C ALLOWED USES:Residential,office,commercial PROPOSED USE:Automobile rental VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: On March 7,2000,the Board of Directors approved Ordinance No. 18,228 which rezoned the core of Downtown Little Rock from various zoning districts to "UU"Urban use or "R-4A"Low Density Residential.This property was previously zoned "M" Metrocenter,a zoning category established under Urban Renewal. The UU classification allows any use in the Residential,Office and Commercial districts.All uses must be enclosed or inside. The district has specific development criteria that make it unique among the City's zoning classifications. November 1 ,2001 SUBDIVISION ITEM NO.:D (Cont.)FILE NO.:Z-7090 A.PROPOSAL/REQUEST: The applicant proposes to utilize two lots of an asphalt paved parking lot located at the southeast corner of 3 and Broadway for a car rental business.The lots are to be enclosed by a wrought iron fence and a 24 feet by 48 feet modular building will be placed in the middle of the site to serve as an office.Gates will provide access from 3 Street and from the parking lot to the south.Landscaping, which is now nonexistent on the site,will be installed on the perimeters and around the building. B.EXISTING CONDITIONS: The property is part of an existing,paved parking lot. The property is paved virtually from property line to property line.The surrounding area is characterized by typical urban core development;including office buildings and parking lots. C.NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the Downtown Neighborhood Association were notified of the proposed zoning.As of this writing,staff has received no comments. 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.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Close unused driveways. 4.Restripe parking lot for future circulation. 5.Move gates to allow cars to park without blocking sidewalks . 2 November 1 ,2001 SUBDIVISION ITEM NO.:D (Cont.)FILE NO.:Z-7090 E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entergy:No Comments. ARKLA:No Comments. Southwestern Bell:No Comments. Water:No objection. Fire Department:Approved as submitted. Count Plannin :No Comments. CATA:Project site is located on bus routes 41,3,5,8 and 17 and may affect bus radius,turnout or route.Please inform CATA of construction start and end dates. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use —Urban for this property.The applicant has applied for a Planned Development —Commercial for a car rental business.The property is currently zoned Urban Use. A land use plan amendment is not required. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered by the Downtown Little Rock Framework for the Future Neighborhood Action Plan.The Land Use and Zoning Goal supports the establishment of Mixed Use —Urban and the establishment of Urban Use Zoning in the area along Broadway and West 3 Streets where the applicant is located.Action statements recommend the preservation of the character of downtown, development and redevelopment of vacant property,and encourage mixed uses throughout Downtown. 3 November 1 ,2001 SUBDIVISION ITEM NO.:D (Cont.)FILE NO.:Z-7090 Landsca e Issues: A 9-foot wide landscape perimeter strip,excluding driveways,is required along the southern perimeter of Lot 2.A total of 8%of the paved area on Lots 1 and 2 are required to be landscaped with interior islands.Since this is a rehab of an existing site,some flexibility with landscaping can be allowed. G.SUBDIVISION COMMITTEE COMMENT:(SEPTEMBER 13,2001) Tim Daters was present representing the application.Staff noted that additional information was needed on the proposed building,fencing,signage,landscaping and dumpster.Staff questioned if it were not possible to rework the site plan to be more consistent with the"spirit"of the UU district.Public Works and Landscape Comments were discussed by staff.Mr.Daters stated he would meet with his client regarding the issues raised bystaff.He was advised to have a revised site plan and answers to issues raised by staff to staff no later than Wednesday,September 19,2001. STAFF UPDATE: Staff met with representatives of Enterprise and White-Daters on September 20,2001.Staff issues and concerns were discussed at length.That same day,the applicant requested that the item be deferred to the next Commission agenda.Staff believes the issue should be kept on the Subdivision cycle of meetings and should be deferred to the November 15,2001 Commission meeting. PLANNING COMMISSION ACTION:(OCTOBER 4,2001) The applicant was present.There were no objectors present. Staff informed the Commission that the applicant had requested that the item be deferred. There was no further discussion. 4 'I November 1 -'001 SUBDIVISION ITEM NO.:D (Cont.)FILE NO.:Z-7090 The item was placed on the Consent Agenda and approved for deferral to the November 15,2001 meeting.The vote was 9 ayes, 0 noes and 2 absent. STAFF UPDATE: On October 10,2001,the applicant submitted a letter requesting that the item be withdrawn. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Staff informed the Commission that the applicant submitted aletteronOctober10,2001 requesting that the item be withdrawn.There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 11 ayes,0 noes and 0 absent. 5 November.i5,2001 ITEM NO.:1 FILE NO.:S-1326 NAME:Mystery Woods Addition —Preliminary Plat LOCATION:North of the intersection of West 57 Street and Freeland Drive DEVELOPER:ENGINEER: Mystery Properties Corp.McGetrick E McGetrick P.O.Box 56403 319 E.Markham StreetLittleRock,AR 72215 Little Rock,AR 72201 AREA:5.2+acres NUMBER OF LOTS:19 FT.NEW STREET:550 ZONING:R-2 PLANNING DISTRICT:13 CENSUS TRACT:20.01 VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL: The applicant proposes to subdivide this undeveloped,5.2+acre parcel into 19 single-family residentiallots.The lots will be accessed by way of a new 550footcul-de-sac.The property is located north of West 57 Street,near the Freeland Drive intersection. B.EXISTING CONDITIONS: The site is vacant and cleared,with a scattering oftrees,and one dense stand in the southeast corner. There is an existing residence on the southwest cornerofthesite.The property gently slopes to the north away from West 57 "Street.The property is zoned R-2 Single-Family,as is the property in close proximitytothesite.The area around the site is developed assingle-family residence.Other uses in the area I Novembei i5,2001 SUBDIVISION ITEM NO.:1 (Cont.)FILE NO.:S-1326 consist of nonresidential uses along Geyer Springs Road,including a large church facility.West 57Streetisunimprovedconsistingofa"chip-seal" roadway surface. C.NEIGHBORHOOD COMMENTS As of this writing,staff has received one informational call concerning this application. Property owners abutting the site and the Geyer Springs Neighborhood Association and Wakefield Neighborhood Association were notified of the Public Hearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.West 57 Street property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 2.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 3.A grading permit will be required on this development. 4.Stormwater detention ordinance applies to this property. 5.Easements for proposed stormwater detentionfacilitiesarerequired. 6.Analyze downstream stozmwater effects of this development on adjacent developments to the south. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easements if service is requi red for the project. Contact Jim Boyd at 376-2903 for details. Entercnr:No comment received. ARKLA:No comment received. Southwestern Bell:Approved as submitted. Water:An acreage charge of $150 per acre applies in addition to normal charges in the area. 2 November:5,2001 SUBDIVISION ITEM NO.:1 (Cont.)FILE NO.:S-1326 Fire De artment:Place fire hydrants per city code. Contact Dennis Free at 918-3752 for details. Count Plannin :No comment. CATA:Project site is located near Bus Routes ¹17 and 17A but has no effect on bus radius,turnout and route. F.ISSUES/TECHNICAL/DESIGN Plannin Division:No comment. Landsca e Issues:No comment. G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Pat McGetrick was present,representing the application.Staff described the proposed plat and noted several items,which needed to be shown on the preliminary plat drawing.Staff questioned if the existing single-family structure would be a part of the plat.Mr.McGetrick stated the structure would be moved out of the area. Public Works issues were briefly discussed with regard to stormwater detention.Bob Turner,Director of Public Works,noted the applicant would need to submit a preliminary storm drainage plan and provide storm drainage analysis to assure protection of the lower subdivisions with regard to run-off. After the discussion,the Committee forwarded the preliminary plat to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised preliminary plat drawing to staff on October 31,2001.The revised plat addresses the issues as raised by staff and the Subdivision Committee.The applicant submitted a 3 November ~5,2001 SUBDIVISION ITEM NO.:1 (Cont.)FILE NO.:S-1326 preliminary stormwater drainage analysis to determine the effects of this development on adjacent developments to the south. Staff noted at the Subdivision Committee meeting that the proposed lots conform to all ordinance standards. Therefore,there should be no unresolved issues withthisapplication.Staff feels that the proposed revised preliminary plat will have no adverse impact on the general area. I .STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D and E of this report. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Staff informed the Commission that the applicant had submitted a letter on November 12,2001 requesting deferraltotheNovember29,2001 public hearing.The applicantfailedtonotifyabuttingpropertyownerswithinthe required time. The item was placed on the Consent Agenda and approved fordeferralbyavoteof11ayes,0 noes and 0 absent. 4 November i5,2001 ITEM NO.:2 FILE NO.:S-1328 NAME:Otter Creek Business Park Addition —Preliminary Plat LOCATION:Approximately 140 feet north of the intersection of Otter Creek Parkway and Stagecoach Road DEVELOPER:ENGINEER: Otter Creek Land CO.McGetrick 6 McGetrick ¹2 Otter Creek Court 319 E.Markham Street Little Rock,AR 72209 Little Rock,AR 72201 AREA:9.931+acres NUMBER OF LOTS:8 FT.NEW STREET:600 ZONING:C-1 PLANNING DISTRICT:16 CENSUS TRACT:42.08 VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL: The applicant proposes this 9.931+acre parcel be divided into eight (8)lots and one tract.A portion of Tract A is a dedicated 200-foot drainage and sewer easement and the remainder of Tract A within this plat will be dedicated as the same.Access to the project will be from Stagecoach Road and Otter Creek Court. Otter Creek Court,which currently ends in a cul-de- sac,will be extended to the east to connect to Stagecoach Road.The applicant proposed no access tolots1or8fromStagecoachRoad.All driveway locations will be on Otter Creek Court. Novembe~&5,2001 SUBDIVISION ITEM NO.:2 (Cont.)FILE NO.:S-1328 B.EXISTING CONDITIONS: The property is undeveloped,grass-covered with a portion in floodway.The site slopes from the west and south to the north.The area to the east is undeveloped,wooded and is currently zoned R-2.The area to the south contains a strip commercial development,a daycare facility and office uses with C 1 zoning.The area to the west is a multi family development (MF-18 zoning)and the area to the north contains single-family residence many of which are vacant with R-2 zoning as noted on the attached area zoning map. C.NEIGHBORHOOD COMMENTS: Property owners abutting the site and the Southwest United for Progress Neighborhood Association and theOtterCreekHomeownersAssociationwerenotifiedof the Public Hearing.As of this writing,staff hasreceivednocommentfromtheneighborhood. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Stagecoach 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.Otter Creek Court is classified on the Master Street Plan as a commercial street.Dedicate total right-of-way of 60 feet. 3.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. 4.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 5.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Show driveway locations on the plat.6.Plans of all work in right-of-way shall be submitted for approval prior to start of work.7.Dedicate regulatory floodway to the City of Little Rock.See Mel Hall for floodway line determination. 8.A sketch grading and drainage plan,a special flood hazard permit,and a special grading permit for 2 November i5,2001 SUBDIVISION ITEM NO.:2 (Cont.)FILE NO.:S-1328 flood hazard areas are required.ADEQ and NPDES permit is also required. 9.Stormwater detention ordinance applies to this property. 10.Easements for proposed stormwater detentionfacilitiesarerequired. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easements for Lot 1.Indicate the existing sewer main crossing Lot 2 and Lot 7 or relocate the sewer main. Contact Jim Boyd at 376-2903 for details. E~nter:A ten-foot easement is required on the south property line. ARKLA:No comment received. Southwestern Bell:No comment received. Water:An acreage charge of $150 per acre applies in addition to normal charges in this area.A development fee based on the size of the connection applies for connections to the 12"main on the east side of Stagecoach Road. Fire De artment:Place fire hydrants per city code.Contact Dennis Free at 918-3752 for details. 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.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. Landsca e Issues:No comment. 3 November ~5,2001 SUBDIVISION ITEM NO.:2 (Cont.)FILE NO.:S-1328 G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Pat McGetrick was present,representing the application.Staff briefly described the preliminary plat,noting additions,which were needed on the preliminary plat. Bob Turner,Director of Public Works,indicated concern of Tract A and the relationship of the floodway to the proposed lots.Mr.McGetrick stated there was a channelization project as a part of the Stagecoach Road widening by the Arkansas Highway and Transportation Department and the property currently has a 200 foot drainage and sewer easement which is shown as Tract A.Mr.McGetrick indicated he would work with Public Work for a floodway line determination. There was a brief discussion pertaining to the driveway locations and the need for shared driveways within the development.Mr.McGetrick indicted he would consider this suggestion. After the discussion,the Committee forwarded the preliminary plat to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised preliminary plat tostaffonOctober31,2001.The revised plat addresses most of the issues as raised by staff and the Subdivision Committee.The 15-foot sewer easement across Lots 2 and 7 has been shown on the revised plat and the 10-foot utility easement has been shown on the south property line. The interior driveway locations have been shown on the revised plat with shared driveways between lots.The driveway between proposed Lots 1 and 2 has been moved to the east to align with the proposed driveway of Lots 7 and 8.Public Works will require a no access easement along Stagecoach Road. 4 November ~5,2001 SUBDIVISION ITEM NO.:2 (Cont.)FILE NO.:S-1328 Otherwise,to staff's knowledge there are no outstanding issues associated with the proposed preliminary plat.The proposed preliminary plat conforms to the Subdivision Ordinance and should have no adverse impact on the general area. I .STAFF RECOMMENDAT IONS: Staff recommends approval of the preliminary plat subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D and E of this report.2.Provide a no access easement along Stagecoach Road. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Pat McGetrick was present representing the applicant. There were no objectors present.Staff informed the Commission they had received the letter of support from the Southwest Little Rock United for Progress Neighborhood Association. Staff recommended approval of the preliminary plat subject, to compliance with 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 11 ayes,0 noes and 0 absent. 5 November 15,2001 ITEM NO.:3 FILE NO.:S-1329 NAME:Covenant Cove Addition —Preliminary Plat LOCATION:Southwest corner of Rutgers Drive and Lehigh Drive DEVELOPER:ENGINEER: Circle H.Industries White-Daters &Associates ¹24 Rahling Circle Little Rock,AR Little Rock,AR 72223 AREA:10.33+acres NUMBER OF LOTS:40 FT.NEW STREET:1,383 ZONING:R-2 PLANNING DISTRICT:11 CENSUS TRACT:24.04 VARIANCES/WAIVERS REQUESTED: 1.Rear Private Drive STAFF NOTE: On October 17,2001,the applicant submitted a letter recpxestingthattheitembewithdrawn. PLANNING COMMISSION ACTION:(NOVEMBER 15 g 2 00 1 ) The applicant was not present.There were no objectors present. Staff informed the Commission that the applicant had recpxested a withdrawal of the item.There was no further discussion.The item was placed on the Consent,Agenda and approved for withdrawal.The vote was 11 ayes,0 noes and 0 absent. November 15,2001 ITEM NO.:4 FILE NO.:S-1330 NAME:Kidco Addition —Preliminary Plat LOCATION:Located approximately 750 feet north of the northwest corner of Chenal Parkway and Kirk Road DEVELOPER:ENGINEER: Walter Quinn White-Daters and Associates 10901 Financial Center Pkwy 5 24 Rahling Circle Little Rock,AR 72207 Little Rock,AR 72223 AREA:2.06+acres NUMBER OF LOTS:2 FT.NEW STREET:0 ZONING:0-2 PLANNING DISTRICT:19.2 CENSUS TRACT:42.10 VARIANCES/WAIVERS REQUESTED: 1.A variance to allow a pipe-stem lot. 2.A variance from the maximum depth requirements for a pipe-stemlot. A.PROPOSAL: The applicant proposes the subdivision of this 2.06+acretractintotwo(2)lots.The proposed Lot 2 currently houses an existing business,(a daycare facility)which takes access through the parking lot of the ARKSYS building.The proposal calls for a 30 foot access easement to Kirk Road to allow access to the site. The applicant is requesting a variance to allow for a pipe- stem lot in office zoning.The applicant is also November 1 ,2001 SUBDIVISION ITEM NO.:4 (Cont.)FILE NO.:S-1330 requesting a variance to allow a 30 foot wide 500 foot plus pipe-stem lot.The ordinance allows a minimum width of 30 feet and a maximum depth of 300 feet. B.EXISTING CONDITIONS: The area of proposed Lot 2 contains an existing daycarecenterandlocatedontheproposedLot1isavacant single-family residence.The property is zoned 0-2 as is the property contiguous to the site as indicated on the attached zoning map.The area to the south contains an auto care center.The area to the east is undeveloped andcleared.Uses to the north and west of the site are nonresidential uses,the ARSYS Building,United States PostOfficeandstripcommercialandoffice.Kirk Road is an unimproved chip-seal roadway. C.NEIGHBORHOOD COMMENTS: As of the writing,staff has received no comment from the neighborhood.Property owners within 200 feet of the site and the St.Charles Property Owners Association and ParkwayPlacePropertyOwnersAssociationwerenotifiedofthe Public Hearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Kirk Road is classified on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 2.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Show driveway location on the plat.3.Provide design of street conforming to "MSP"(Master Street Plan).Construct one-half street improvements to the street including 5-foot sidewalk with planned development;including Lots 1 and 2. 4.Plans of all work in right-of-way .shall be submitted for approval prior to start of work. 5.Stormwater detention ordinance applies to this property.6.Easements for proposed stormwater detention facilities are required. 7.Provide access easement in writing for Lot 2. 2 November 1 —2001 SUBDIVISION ITEM NO.:4 (Cont.)FILE NO.:S-1330 E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Easement required for existing sewer main. Contact Jim Boyd at 376-2903 for details. Entercn:Fifteen (15)foot easement regni red for existing over-head utility line adjacent to Kirk Road. ARKLA:No comment received. Southwestern Bell:No comment received. Water:The north 20 feet of this property is dedicated as a waterline easement recorded as instrument number 2000009555.Central Arkansas Water requests a 10-foot utility easement adjoining the proposed west right-of-way of Kirk Road.Acreage fee of $600 per acre has been paid for this property. Fire De artment:Approved as submitted. 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.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. Landsca e Issues:No comment. G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Joe White was present,representing the application.Staff briefly described the proposed preliminary plat.Staff noted items,which needed to be shown on the preliminary plat drawing. The deferral of street improvements to Kirk Road was discussed.Bob Turner,Director of Public Works,did not indicate support of the deferral and questioned if this project would "trigger"the street improvements,which were deferred from other projects. 3 November 1 ,2001 SUBDIVISION ITEM NO.:4 (Cont.)FILE NO.:S-1330 Driveway locations and the 20-foot access and utility easement were discussed.Mr.Turner suggested working with the adjacent property owner for a shared driveway along the north property line or increase the easement to 30 feet. Mr.White indicated the property was developed and the area was a part of their dedicated green space. After the discussion,the Committee forwarded the preliminary plat to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised preliminary plat to staf f on October 31,2001.The revised plat addresses all of the issues raised by staff and the Subdivision Committee.The applicant has increased the width of the pipe-stem to 30feetandhasindicatedontheplatthedeveloperwill construct 'c street improvements to Kirk Road. Otherwise,to staff'knowledge there are no outstanding issues associated with the preliminary plat.The proposed preliminary plat conforms to Subdivision Ordinance and should have no adverse impact on the general area. I.STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat subject to the following conditions: 1.Compliance with the recpxirements as noted in paragraphs D and E of this report. 2.Staff recommends approval of the variance to allow a pipe-stem lot (Lot 2)with an increased pipe-stem depth. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Joe White was present representing the applicant.There were no objectors present.Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above.Staff also recommended approval of the variance for the pipe-stem lot (Lot 2)and the variance to allow an increased depth of the pipe-stem. 4 November 1 ,2001 SUBDIVISION ITEM NO.:4 (Cont.)FILE NO.:S-1330 There was no further discussion.The item was placed on the Consent Agenda and approved as recommended by staff 11 ayes, 0 noes and 0 absent. 5 November 15,2001 ITEM NO.:5 FILE NO.:LU01-03-02 Name:Land Use Plan Amendment —West Little Rock Planning District Location:2410 Glover Street. geest:Multi-family and Single Family to Commercial. Source:Robert M.Brown,Development Consultants,Inc. PROPOSAL /REQUEST: Land Use Plan amendment,in the West Little Rock Planning District from Multi-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 use the property to sell custom draperies and window treatment. EXISTING LAND USE AND ZONING: Two houses occupy the study area and are currently zoned R-2 Single Family.The house on the applicant's property is vacant and the site of a former daycare center.The area under reviewisapproximately1.15+acres in size.The property to the northiszonedC-1 Neighborhood Commercial and is the site of a bank. The property to the east is an existing business zoned C-3 General Commercial.A small office building is located to the southeast on land zoned 0-3 General Office.A house is located on property to south zoned R-2 Single Family.Condominiums are located to the west on land zoned MF-6 Multifamily.The Watergate apartments are located to the northwest on land zoned C-1 Neighborhood Commercial. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On August 17,1999,a change was made from Multi-family to Office and Commercial on Andover Court about 4 of a mile west of the applicant's property. On November 18,1997 a change was made from Multi-family to Suburban Office north of Cantrell Road and west of Manney Road about .15 miles east of the application area. November 1.2001 SUBDIVISION ITEM NO.:5 (Cont.)FILE NO.:LU01-03-02 On November 7,1996,multiple changes were made from Commercial, Multi-family,Office,Public Institutional,and Single Family to Commercial,Low Density Residential,Multi-family,Public Institutional,and Single Family within a one-mile radius of the site under review. The applicant's property is shown as Multi-family on the Future Land Use Plan.The neighboring property to the north and eastisshownascommercial.The property to the south is shown as Single Family while the property to the west is shown as Multi- family. MASTER STREET PLAN: Glover Street is a street with open drainage serving residences located on the west side of the street and businesses located on the east side.The Master Street Plan does not show any Bikeways that would be affected by this amendment. PARKS: The 2001 Little Rock Parks and Recreation Master Plan proposes an eight-block strategy of providing facilities within an eight block radius of all residential areas.The plan shows Reservoir Park as an existing Large Urban Park located about 4 of a mile west of the property under review.Due to the topography and street layout,Reservoir Park would not be greatly affected bythisamendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property lies in the area covered by the forthcoming Midtown Neighborhood Action Plan.The steering committee does not support the conversion of residential structures into businesses but supports the improvement of Commercial areas along Cantrell Road. ANALYSIS: The vacant house on the applicant's property is a former day care center that faces Glover Street.The front yard of the property is paved for a parking lot.The house also faces the rear parking lot and back end of businesses located on Cantrell Road.Both sides of Glover Street are paved for parking and 2 November 1 ,2001 SUBDIVISION ITEM NO.:5 (Cont.)FILE NO.:LU01-03-02 Glover Street functions as an alley serving these businesses. Since the businesses located across the street from the applicant's property face Cantrell Road,Glover Street provides rear access for these properties.Most of the current traffic on Glover Street would already consist of delivery trucks, employees,and garbage pickup. The Single Family residential property to the south faces Biscayne Drive.The primary residential neighborhood near the applicant's property starts west of Glover Street on Biscayne Drive.The multi-family to the north and west are isolated from the applicant's property and are accessed either from Andover Court or Cantrell Road.Glover Street acts as a boundary between the residential and non-residential uses in the area. This site has been occupied by a quasi-retail use for twenty plus years utilizing the current residential structure.With a Planned Zoning Development,the residential character could be maintained for this development.If the proposed PZD's residential characteristics are maintained and the non- residential characteristics are lesser than or not greater than the previous use,then this development can fit into the plan for the general area.The Land Use Plan is not to be interpreted as site specific,but to give general guidelines. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Heights Neighborhood Association,Andover Square Residence Association,Apache Crime Watch,Briarwood Neighborhood Association,Evergreen Neighborhood Association,Meriwether Neighborhood Association,Normandy-Shannon Property Owners Association,Overlook Property Owners Association,Robinwood Property Owners Association,South Normandy Property Owners Association,and Tall Timber Homeowners Association.Staff has received four comments from area residents.Three are opposed to the change and one was neutral. STAFF RECOMMENDATIONS: Staff believes a Land Use Plan amendment is not necessary for this site. 3 I November 1.,2001 SUBDIVISION ITEM NO.:5 (Cont.)FILE NO.:LU01-03-02 PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Brian Minyard,City Staff,made a brief presentation to the commission.Staff stated that a Land Use Plan amendment was not necessary for this site and recommended withdrawal of this item. Robert Brown,representing the applicant,asked that the item be withdrawn. A motion was made to withdrawal the item.The item was withdrawn with a vote of 11 ayes,0 noes,and 0 absent. 4 November 15,2001 ITEM NO.:5.1 FILE NO.:Z-3250-A NAME:Window Works Short-Form PD-C LOCATION:2410 Glover Street DEVELOPER:ENGINEER: Window Works,Inc.Development Consultants Inc. 7619 Cantrell Road 2200 N.Rodney Parham Road Little Rock,AR 72227 Little Rock,AR 72212 AREA:0.487+Acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-2 ALLOWED USES:Single-family Residential with a variance to allow a day-care center. PROPOSED USE:Commercial VARIANCES/WAIVERS REQUESTED:Waiver of street improvements to Glover Street. BACKGROUND: On September 18,1978,the Board of Adjustment approved a zoning variance to allow a daycare center to operate on this site.The use existed until recently when the daycare facility closed. A.PROPOSAL/REQUEST: The applicant proposes to rezone this property from R-2 to PD-C to use the existing buildings for the purpose of operating a custom window covering business.The applicant also proposes the addition of a 12-foot by 24 foot building in the rear of the existing buildings to be use for storageofmaterials.The business also provides interior design services and custom design of bed coverings. November 1.2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A In addition to herself,the applicant has two (2)designers and one (1)office manager.The designers will be located in the main house in front but will spend a vast majority of their time out of the shop.There are also two (2) seamstresses,who will work in the smaller building in the back.An installer picks up the finished draperies and takes them out for installation upon completion.The typical customer base is ten per day.Very seldom are more than three customers in the shop at the same time. The hours of operation will be:8:30 —5:30 Monday through Friday and 10:00 —5:00 on Saturday. The applicant proposes to use the existing,paved parking lot, which provides space for 10 vehicles although,those spaces do not meet ordinance standards. B.EXISTING CONDITIONS: The site contains a single-family structure,which has been used as a daycare center for the previous 23 years.The front yard area is paved with no separation between the property and the roadway.The structure fronts onto GloverStreet,which is unimproved and serves as a driveway providing access to the parking lots for the nonresidential uses to the east.These uses include Barbara Jean's andGraffiti's along with other businesses.Additionally, Janet Jones Realty Company is located to the southeast of the site.There is a single-family residence to the southofthesite,which is accessed by Glover Street,but is oriented to Biscayne Street.From the intersection of Glover and Biscayne south the area is single-family. Watergate Apartments are located to the north of the site and a gated condominium development is located to the west. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received numerous calls from persons requesting information on this application.All property owners within 200 feet of the site,all residents within 300 feet of the site who could be identified,and the Andover Scpxare Residents Association were notified of the Public Hearing. 2 November 1 —2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Proposed parking encroaches on street right-of-way. Redesign and resubmit. 2.Eliminate parking backing up to the public street. 3.Provide design of street conforming to "MSP"(Master Street Plan).Construct one-half street improvements to the street including 5-foot sidewalks with planned development. 4.Plans of all work in right-of-way shall be submitted for approval prior to start of work.Trees in right-of-way must be protected. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easementsifserviceisrequiredforthisproject. EntercnEr:No comment received. ARKLA:No comment received. Southwestern Bell:Approved as submitted. Water:It appears that this property does not have frontage on a public water main.A public water main extension may be required if changes in water service are required or if an additional public fire hydrant is required by the Little Rock Fire Department.Any additional water facilities required will be installed at the expense of the developer. Fire De artment:Approved as submitted. Count Plannin :No comment received. CATA:Project is located on Express Bus Route ¹25 but has no effect on bus radius,turnout and route. 3 November 1.—2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is located in the West Little Rock Planning District.The Land Use Plan shows Multi-Family and Single- Family for this property.The applicant has applied a Planned Commercial Development for a retail business.The property is currently zoned R-2 Single-Family.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 an area,which is currently under development of a Neighborhood Action Plan. The Mid-Town Neighborhood Action Plan will be completed by mid-2002. Landsca e Issues: Since the proposed building expansion is under 10%of the existing structures,no landscaping is required.However,if and when the parking area marked "potential future parking"is development,perimeter landscaping of this area will be necessary.Sufficient buffer and landscaping area has been left to satisfy ordinance requirements. Buildin Codes: 1.Handicap accessible parking space needs to be 16 foot wide (8 foot designated isle). 2.Interior accessibility will require one restroom be ADA accessible. 3.Submit commercial remodeling plans for permitting. Contact Mark Whitaker at 371-4839 for details. G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Joyce Holt and Robert Brown were present,representing the application.Staff noted that some additional project information was needed (hours of operation,dumpster 4 November 1 ,2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A location,signage details).Mr.Brown indicated that the additional information would be provided as requested. Staff suggested the applicant eliminate the parking in the rear.Mr.Brown indicted the applicant would consider this suggestion. Public Works stated a concern of the parking encroachments to the roadway.A suggestion was made to request an abandonment of the street right-of-way and to maintain a service easement. Landscaping requirements were discussed with regard to the rear parking area.It was noted without the rear parking area the site plan conforms to the zoning buffer and landscape ordinance requirements. After discussion,the Committee forwarded the PD-C to the full Commission for resolution. H .ANALYSIS: The applicant submitted a revised site plan addressing most of the issues raised by staff and the Subdivision Committee.The hours of operation,the dumpster location and signage details were addressed. The hours of operation will be Monday through Friday from8:30 am to 5:30 pm and 10:00 am to 5:00 pm on Saturdays. There will not be a dumpster located on the property.The applicant does not propose a ground mounted sign but will instead have a wall mounted sign conforming to ordinance standards for commercial uses. The applicant proposes a 30 foot landscaped buffer area adjacent to the west property line.There will be limited fencing removed as a result of this project.The fencing, which is proposed to be removed,is located adjacent to the northeast corner of the building. The parking area in the back has been removed leaving nine parking spaces in the front of the building.Staff has recommended the applicant pursue the abandonment of thestreetright-of-way from Biscayne to the north propertylineasapartofthisapplication.If approved,this 5 November 1 2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A would eliminate Glover Street as a public street since the City Board of Directors abandoned the remainder of Glover Street in 1972. Otherwise,to staff'knowledge,there are no outstanding issues associated with this PD-C.The proposed PD-C zoning for Window Works,Inc.should have no adverse impact on the general area. I .STAFF RECOMMENDATIONS: Staff recommends approval of the PD-C for Window Works, Inc.rezoning request subject to the following conditions: 1.Compliance with the requirements as noted in Paragraphs D,E and F. 2.Limit the number of employees to seven (7)employees. 3.Install a 30 foot landscaped buffer on the west property line. 4.Abandon the public street right-of-way for the remainder of Glover Street. If the right-of-way is not abandoned staff will not support the existing parking situation,which has vehicles backing directly into the public street. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) The applicant was present.The item was discussed concurrently with Item ¹5,LU01-08-02,a Land Use Plan amendment.The applicant chose to withdraw the Land Use Plan amendment prior to staff presenting the item.Staff then presented the proposed PZD application and recommended approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Staff informed the Commission the applicant and the adjacent property owner had reached an agreement with regard to the right-of-way abandonment and should the Commission forward the item to the Board of Directors,the abandonment of the street right-of-way would be a part of their recommendation. 6 'I November 1.,2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A The applicant requested staff review the limitation of seven employees and consider limiting the number of employees parking on the site to seven.Mr.Jim Lawson,Planning Staff,indicated staff would contact the adjacent property owners to determine if this would be a concern.He stated that parking was the concern raised by the adjacent landowners in previous conversations.If this was an issue,then the details could be dealt with at the Board of Directors level. Mr.Lowry made a motion to approve the application as filed including all staff comments and recommendations subject to the abandonment of the street right-of-way requirement. Chairman Downing indicated he had one card from a Mr.B.L. Gibson.He questioned Mr.Gibson if he was in favor or opposition to the application. Mr.Gibson stated he was unclear as to the proposal and the amount of property involved.He indicated his property was located on Biscayne Drive,the second house from the intersection of Glover Street and Biscayne Drive.He was opposed to the house facing Biscayne Drive becoming non- residential.He stated he had lived in the area since 1968 and the area had changed over the years becoming non-residential. He stated the house in question changed to a daycare center 20 plus years ago.He voiced his concern that if the house on Biscayne Drive were to become commercial,this would be 20 feet from his kitchen window.He stated he would be opposed to the house on Biscayne Drive becoming non-residential. Mr.Lawson stated the house on Biscayne Drive was different from the house on Glover Street.He stated staff looked at the house on Biscayne Drive and would not support changing it to a commercial use.Mr.Lawson stated the house has a natural dividing line and the feel of the area is residential after this point. Chairman Downing stated the Land Use proposal,which was withdrawn,would have a greater effect on Mr.Gibson's concerns. He stated the rezoning application was for a single use and that use only and should the applicant go out of business then the Commission would review a new application. 7 November 1.,2001 SUBDIVISION ITEM NO.:5.1 (Cont.)FILE NO.:Z-3250-A Commissioner Rahman questioned the change in the Land Use Plan. Mr.Lawson stated the applicant had requested a change from residential to commercial.Mr.Lawson stated staff had looked at the site as something different than residential but to expand beyond the proposed site would not be advisable.He stated staff did not want to introduce any more commercial into the area.Commissioner Rahman then asked if this business went out and a year from now someone wanted to put in an alternative business what would be the procedure.Mr.Lawson stated they would be starting back at square one. Chairman Downing asked Mr.Gibson if he agreed with the application as filed and noted if the business changed,the neighbors would then have a chance to review prior to any other business locating on the site.Mr.Gibson stated he was in agreement with this business.Commissioner Lowry renewed his motion,which was on the floor. The motion passed by a vote of 11 ayes,0 noes and 0 absent. 8 November 15,2001 ITEM NO.:6 FILE NO.:Z-7105 NAME:Stewart Short-Form PCD LOCATION:4200 John Barrow Road DEVELOPER:ENGINEER: Acts Church Lemons Engineering Consultants C/o Frank Stewart 204 Cherry Street 1423 Ingram Street Cabot,AR 72023 Conway,AR 72032 AREA:0.91+Acre NUMBER OF LOTS:6 FT.NEW STREET:0 ZONING:C-3 &0-3 ALLOWED USES:Office/Commercial PROPOSED USE:Office/Commercial VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The applicant proposed to rezone the property located at 4200 John Barrow Road from 0-3 and C-3 to PCD.Five of the six lots are currently zoned C-3.The proposal includes the construction of a one-story 6,750 square foot building to be used as a mix of office and commercial uses.There are 22 parking spaces proposed as a part of this application. The site will have access from West 42"Street and from John Barrow Road.The applicant proposes the hours of operation to be from 8 am to 8 pm daily.Proposed uses of the building would be 0-3 and C-3 uses with a proposed mix of 50%office and 50%commercial. November 1 ,2001 SUBDIVISION ITEM NO.:6 (Cont.)FILE NO.:Z-7105 B.EXISTING CONDITIONS: The site is vacant,cleared with a scattering of trees and shrubs and slightly lower in elevation to the north,south and west.The site is at elevation with John Barrow Road. Uses in the area include a daycare facility to the north a vacant commercial structure to the northeast,Sober Living Alcohol and Drug Rehabilitation facility to the east, vacant 0-3 zoned property to the south and single-family residences to the west.There is a billboard located on the southeast corner of the property.John Barrow Road is improved complete with sidewalks while West 42"Street is improved with curb and gutter but has no sidewalk. 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 John Barrow Neighborhood Association, Campus Place Property Owners Association and Westwood Neighborhood Association were notified of the Public Hearing.As of this writing,staff has received two informational phone calls concerning this application. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.John Barrow 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.West 42"Street is classified on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 3.A 20 feet radial dedication of right-of-way is required at,the corner of John Barrow Road and West 42"Street. 4.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 5.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy.6.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Driveway on John Barrow is too close to side property line. 2 November 1 ,2001 SUBDIVISION ITEM NO.:6 (Cont.)FILE NO.:Z-7105 7.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 8.Stormwater detention ordinance applies to this property.9.Easements for proposed stormwater detention facilities are required. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. E~nter:Approved as submitted. ARKLA:No comment received. Southwestern Bell:Approved as submitted. Water:An acreage charge of $150 per acre applies in addition to normal charges in this area.If there arefacilitiesthatneedtobeadjustedand/or relocated, contact Central Arkansas Water.That work would be done at the expense of the developer.The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development.The fire hydrant could be installed by Central Arkansas Water's forces at the Developer's expense,but would need to be coordinated with the contractor for this project. Fire De artment:Approved as submitted. Count Plannin :No comment. CATA:Project site is located near Bus Route N14 but has no effect on bus radius,turnout and route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is located in the Boyle Park PlanningDistrict.The Land Use Plan shows Office for this property.The applicant has applied for a Planned Commercial Development for a new mixed-use development of commercial and office.The property is currently zoned 0-3 3 November 1 —2001 SUBDIVISION ITEM NO.:6 (Cont.)FILE NO.:Z-7105 General Office and C—3 General Commercial.A Land Use Plan amendment is not required. Cit Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan.The plan lists the following recommendation concerning redevelopment in the area:Enhance the business climate directed toward encouraging new business and commercial establishments to locate in the area as well as retention of existing businesses. Landsca e Issues: Areas set-aside for buffers and landscaping meet ordinance requirements.A water source within 75 feet of all landscaped areas will be required. Buildin Codes: 1.Eight-foot isle for designated handicap space.2.Submit a full set of plans to building codes for review and permitting. Contact Mark Whitaker at 371-4839 for details. G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Frank Stewart and Tim Lemons were present,representing the application.Staff briefly described the PCD request.Staff noted that some additional project information was needed (hours of operation,building heights,signagedetails,lighting plan).Mr.Lemons noted that the additional information would be provided as requested. Public Works requirements were discussed.Bob Turner, Director of Public Works,indicated the driveway spacingrelatedtoJohnBarrowRoadwouldbeadequate.Mr.Lemons stated he would work with Public Works to resolve any other issues related to the project. 4 November 1 ,2001 SUBDIVISION ITEM NO.:6 (Cont.)FILE NO.:Z-7105 Landscape requirements were discussed.Staff indicated the proposed buffers and landscaping met the current ordinance requirements.Staff also stated a water source within 75 feet of all landscaped area would be required. The Committee then forwarded the PCD to the full Commission for resolution. H.ANALYSIS: The applicant submitted a revised site plan to staff on October 31,2001.The revised site plan addresses the issues as raised by staff and the Subdivision Committee. The revised site plan includes an 8-foot by 10-foot ground mounted sign to be placed at the John Barrow Road and West 42"Street intersections.The area of the sign conforms to the ordinance requirements for signage. Single family residence are located across the alley west of the site therefore.Appropriate measures should be taken to provide screening for those properties.Since there are no activities proposed on the site behind the building,the building itself can serve as screening if designed properly. The applicant has proposed any site lighting will be low- level and directed away from adjacent residential zoned properties.The applicant has also included the proposed building height (15 feet)on the revised site plan. The applicant proposes to replat Lots 1 —6,Block 162 John Barrow Addition which will address the issue of dedication of right-of-way and street intersection radius. Otherwise,to staff'knowledge,there are no outstanding issues associated with this PCD.The proposed PCD zoning should have no adverse impact on the general area. 5 November 1 —2001 SUBDIVISION ITEM NO.:6 (Cont.)FILE NO.:Z-7105 I.STAFF RECOMMENDATIONS: Staff recommends approval of the PCD rezoning subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report. 2.Be no doors,windows or other openings on the rear wall of the building beyond those emergency exits required by building codes for fire safety.3.A screening/parapet wall be constructed along the rear roofline of the building to screen roof mounted equipment from the single-family residential property to the rear.4.Submit three (3)copies of the final plat for review bystaff. PLANNING COMMISSION ACTION:(NOVEMBER 15 g 2001 ) Staff informed the Commission the applicant submitted a letter on November 1,2001 requesting the item be deferred to the January 3,2002 Subdivision hearing.There was no further d3.scuss3.0n. The item was placed on the Consent Agenda and approved for deferral.The vote was 11 ayes,0 noes and 0 absent. 6 November 15,2001 ITEM NO.:7 FILE NO.:Z-7106 NAME:Sea Inc Short-Form PID LOCATION:Southeast corner of Sibley Hole Road and West Baseline Road DEVELOPER:ENGINEER: Ron Taber White-Daters &Associates Irwin &Saviers ¹24 Rahling Circle 1701 Centerview Drive Little Rock,AR 72223LittleRock,AR 72211 AREA:3.61+Acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-2 ALLOWED USES:Single-family Residential PROPOSED USE:Office/Warehouse VARIANCES/WAIVERS REQUESTED: 1.A deferral of Master Street Plan improvements to West Baseline Road. 2.A deferral of Master Street Plan improvements to Sibley Hole Road. A.PROPOSAL/REQUEST: The applicant proposes to rezone the property f rom R-2 to PID to allow for the construction of 4,000 square feet ofofficespaceand3,600 square feet of warehouse space.ThesitewillhaveaccessfrombothWestBaselineandSibley Hole Roads.The applicant is requesting deferral of MasterStreetPlanimprovementstoWestBaselineRoadandSibley Hole Road. November 1.,2001 SUBDIVISION ITEM NO.:7 (Cont.)FILE NO.:Z-7106 B.EXISTING CONDITIONS: The site is heavily wooded and undeveloped as are the areas to the northwest and to the west.Other uses in the area include,the Little Rock Church to the east,I-2 zoned property that contains Arkansas Excavation and a boat and RV storage facility to the north,a PDI for Cord Packaging to the south and a non-conforming salvage yard to the northeast.Sibley Hole Road is an unimproved chip-seal roadway.West Baseline Road is a two-lane asphalt roadway with no sidewalks. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received one informational phone call concerning this application.All property owners within 200 feet of the site,all residents within 300 feet who could be identified,and the Southwest United for Progress Neighborhood Association were notified of the Public Hearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Baseline Road is classified on the Master Street Plan as a principal arterial.Dedication of right-of-way to 55feetfromcenterlinewillberequired. 2.Sibley Hole Road is classified on the Master Street Plan as a commercial street.Dedicate right-of-way to 30 feet from centerline. 3.A 20 feet radial dedication of right-of-way is requiredatthecornerofSibleyHoleandBaselineRoads. 4.Provide design of street conforming to "MSP"(Master Street Plan).Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 5.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6.Stormwater detention ordinance applies to this property. 2 November 1 , —2001 SUBDIVISION ITEM NO.:7 (Cont.)FILE NO.:Z-7106 7.Driveways shall conform to Sec.31-210 or Ordinance 18,031.Move driveway on Baseline Road to the east to meet 300 foot required spacing,or 150 foot sideline spacing. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easementsifserviceisrequiredfortheproject. Entercny:Eo comment received. ARKLA:No comment received. Southwestern Bell:No comment received. Water:If there are facilities that need to be adjusted and/or relocated,contact Central Arkansas Water.TheLittleRockFireDepartmentmayrequireanadditional public fire hydrant in conjunction with this development.The fire hydrant could be installed byCentralArkansasWater's forces at Developer's expense, but would need to be coordinated with the contractor forthisproject. Fire De artment:Approved as submitted. Count Plannin No comment received. CATA:Project site is located near Bus Routes ¹17 and 17A but has no effect on bus radius,turnout and route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is located in the Otter Creek PlanningDistrict.The Land Use Plan shows Service Trades Districtforthisproperty.The applicant has applied for a Planned Industrial Development for an industrial project.A Land Use Plan amendment is not required. 3 November 1 2001 SUBDIVISION ITEM NO.:7 (Cont.)FILE NO.:Z-7106 Cit Reco nized Nei hborhood Action Plan: The area lies within an area not currently covered by a Neighborhood Action Plan.There is a committee in the process of developing a Plan that will consider this area. The committee was notified of this request. Landsca e Issues: The interior landscape island adjacent to the disabled parking area must be increased to 150 square feet to count toward the interior landscaping requirement. A water source within 75 feet of all landscaped areas will be required. Screening of this site from the residential zoned properties to the east and west is required.Since this site is heavily wooded,(and with undergrowth)no additional screening is necessary. Prior to a building permit being issued,it will be necessary to submit an approved landscape plan stamped with the seal of a registered landscape architect. Since this is a tree covered site,the City Beautiful Commission recommends preserving as many existing trees as feasible.Extra credit toward fulfilling landscape ordinance requirements can be given when preserving trees of 6-inch caliper or larger. Buildin Codes: 1.Curb cuts/ramps should be made at the designated isle (in the hatched area). 2.Isle needs to be 8-foot wide to meet minimum ADA requirements. 3.Submit a full set of plans to building codes for review and permitting. Contact Mark Whitaker at 371-4839 for details. 4 November 1 ,2001 SUBDIVISION ITEM NO.:7 (Cont.)FILE NO.:Z-7106 G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Mr.Joe White was present,representing the application.Staff briefly described the PID request.Staff noted that some additional information was needed (hours of operation, building heights,signage details,dumpster locations). Mr.White noted that the additional information would be provided as requested. The landscape requirements were also discussed.It was noted that the proposed site plan conformed to the zoning buffer and landscape ordinance requirements.It was noted the interior island adjacent to the disable parking area must be increased to 150 square feet to count toward theinteriorlandscapingrequirement. Since this site is tree-covered,the City Beautiful Commission recommends preserving as many trees as feasible. Extra credit toward fulfilling landscape requirements can be given when preserving trees of 6-inch caliper or larger. Mr.White indicated that it was the developer's desire to preserve as many of the existing trees as possible and work with the topography. The deferral of the street improvements to Sibley Hole Road and West Baseline Road were discussed.Bob Turner, Director of Public Works,indicated support of the deferraltoWestBaselineRoadbutnottoSibleyHoleRoad. Discussions were also directed toward the driveway location on West Baseline Road.A site distance problem was a concern raised by Public Works.Moving the driveway to theeastwouldallowforashareddrivewaysituationandwouldassistintheeliminationofthesightdistanceconcern. Mr.White indicated he would look into moving the driveway. After the discussion,the Committee forwarded the PID to the full Commission for resolution. H.ANALYSIS: The applicant submitted a revised site plan to staff on October 31,2001.The revised site plan addresses most of the issues as raised by staff and the Subdivision 5 November 1 ,2001 SUBDIVISION ITEM NO.:7 (Cont.)FILE NO.:Z-7106 Committee.The applicant included the hours of operation (8 am —5 pm,Monday through Friday),the location and the size of the proposed ground mounted sign,the location of the dumpster and referenced any site lighting in the general notes. The ground mounted sign is indicated to be maximum size allowed by the zoning ordinance for industrial zoning.Thesitelightingwillbelow-level and directed away from residentially zoned properties.The dumpster will be placed near the warehouse site and although,the site plan does not include notes on screening,the ordinance requires screening on three sides of the dumpster;either an opaque fence or wall 8 feet in height. The applicant has moved the driveway location on West Baseline Road east to 220 feet from the intersection to allow for a shared driveway with future development to theeast.This spacing will not meet the minimum requirement for driveway spacing as set by Ordinance (300 feet). Otherwise,to staff's knowledge,there are no outstanding issues associated with the PID.The proposed PID zoning should have no adverse impact on the general area. I .STAFF RECOMMENDATIONS: Staff recommends approval of the PID rezoning subject to the following conditions: 1.Compliance with paragraphs D,E and F of this report. 2.Screening be placed on three sides of the dumpster;to be either an opaque fence or wall 8 feet in height.3.The driveway spacing on West Baseline Road be a minimum of 300 feet from the intersection of Sibley Hole Road. 4.Staff recommends approval of the deferral of MasterStreetPlanimprovementstoWestBaselineRoad.5.Staff recommends denial of the deferral of Master Street Plan improvements to Sibley Hole Road. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Joe White was present representing the applicant.There were no objectors present.Staff informed the Commission there was one 6 November 1 ,2001 SUBDIVISION ITEM NO.:7 (Cont.)FILE NO.:Z-7106 letter of support received on the item from the Southwest Little Rock United for Progress.Staff presented the item with a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation"above.Staff informed the Commission that the developer had agreed to construct one-half street improvements to West Baseline and Sibley Hole Roads. Staff also stated the applicant was in agreement to moving the driveway entrance 300 feet to the east of the intersection of West Baseline and Sibley Hole Roads. There was no further discussion. The item was placed on Consent Agenda and approved as recommended by staff.The vote was 11 ayes,0 noes and 0 absent. 7 November 15,2001 ITEM NO.:8 FILE NO.:LU01-08-03 Name:Land Use Plan Amendment —Central City Planning District Location:2416 S.Chester Street Rsceuest:Single Family tc Suburban Office Source:Joyce M.Raynor PROPOSAL /REQUEST: Land Use Plan amendment in the Central City Planning District from Single Family to Suburban Office.The Suburban Office category provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility.A Planned Zoning District is required. EXISTING LAND USE AND ZONING: The property is currently zoned R-4 Two Family and consists of a vacant house at 2416 Chester Street,and a vacant lot at 2414 Chester Street.Combined,the applicant's property is approximately .32+acres in size.The lots north of the applicant's property are zoned R-4 Two Family with a house located on the lot neighboring the applicant's property.The vacant lots to the east lie in the Capital Zoning District and are zoned M where Single Family and Two Family uses are permitted.The lots south of the site under review are zoned R- 4 Two Family.The neighboring lot to the south is vacant while houses are located on the remaining lots to the south.All of the property to the west is zoned R-4 Two Family and consists of houses and vacant lots. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On January 4,2000 a change was made from Single Family to Mixed Use at 2311 S.Spring Street about a 'c mile east of the applicant's property. On June 15,1999 a change was made from Single Family to Mixed Use and Public Institutional at Wright Avenue about 9/10 of a mile northwest of the application area. On June 1,1999 a change was made from Mining to Single Family, \ November ~,2001 SUBDIVISION ITEM NO.:8 (Cont.)FILE NO.:LU01-08-03 Industrial,and Park/Open Space at I-30 and Arch Street about 8 of a mile southeast of the property in question. On April 20,1999 a change was made from Commercial,Low Density Residential,and Public Institutional to Mixed Use on Scott Street from 16 Street to I-630 about 1 mile northeast of the study area. On April 20,1999 a change was made from Single Family to Commercial on Scott Street from 17 Street to 19 Street about 1 mile northeast of the area under review. On April 2,1999 a change was made from Multi-Family to Low Density Residential on Arch Street from 13 Street to 15 Street about 8 of a mile northeast of the amendment area. On August 18,1999 a change was made from Single Family to Mixed Use on the 1900 and 2000 block of Commerce Street about 1 mile east of the review area. The applicant's property is shown as Single Family on the Future Land Use Plan.All of the surrounding property is shown as Single Family on the Future Land Use Plan. MASTER STREET PLAN: Chester Street is shown as a Collector Street on the Master Street Plan from Wright Avenue to Roosevelt Road.A Class III Bikeway is shown on Chester Street from S.14 Street to Roosevelt Road. PARKS: The 2001 Little Rock Park and Recreation Master Plan proposes an eight-block strategy of providing facilities within an eight block radius of all residential areas.The applicant's property is located about six blocks south of Dunbar Park,which is shown as a Neighborhood Park in the plan.This application area is far enough away that Dunbar Park would not be greatly affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property is located in an area covered by the Downtown Neighborhoods Plan for the Future.The Housing Goal of the plan contains an objective of repairing or demolishing 2 November 1 ,2001 SUBDIVISION ITEM NO.:8 (Cont.)FILE NO.:LU01-08-03 condemned houses.Four action statements support this objective.The first statement calls for the creation of a city policy to rehabilitate condemned houses rather than demolish them by promoting salvage of the condemned houses.The second action statement calls for the creation of a list and map addresses of condemned houses to promote rehabilitation,by publicizing the list.The list is contained in the plan's appendix and shows the structure at 2414 Chester Street on both the map and the list contained in the appendix.The second action statement calls for the establishment of a city program of incentives for repair rather than demolition.The final action statement calls for city funding of demolishing burned houses and public nuisance structures. ANALYSIS: The applicant's property is located in a stabilizing residential neighborhood with houses oriented towards Chester Street.Most of the Office uses in the area are located along Broadway Street,Main Street,and Roosevelt Road.The streets where Office uses are shown in the neighborhood are listed as either Principal Arterials or Minor Arterials.This portion of Chester Street is not listed as either type of arterial.A change to Suburban Office would place isolated office uses on a collector street in an area surrounded by residential uses. This block was hit by the tornado of 1999.Since that time, there have been repairs and renovations to most of the houses in the area in addition to at least four new housing starts in the immediate area.This reinvestment into the residential neighborhood was made based on the area zoning and Future Land Use Plan showing residential for this area.The City should honor those investments by maintaining the area as residential. A temporary non-residential use,which maintains that residential feel and is designed to be converted back to residential at a later date might be considered. The property in question sits across the street from the Governors Mansion Historic District.The historic district is intended to preserve the neighborhood surrounding the historic site.The purpose of the guidelines is to provide standards to preserve the area's unique architectural heritage.However,the applicant's property would not be affected by the regulations of 3 November 1 ,2001 SUBDIVISION ITEM NO.:8 (Cont.)FILE NO.:LU01-08-03 the historic district due to its location outside the district's boundaries.Nevertheless,any development of this property would need to respect the character of the surrounding residential neighborhood.The Capital Zoning District map shows the property across the street zoned as M where Single Family and Two-Family uses are permitted. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Capitol Hill Neighborhood Association,Central High Neighborhood Association,East of Broadway Neighborhood Association, Meadowbrook Neighborhood Association,MLK Neighborhood Association,South End Neighborhood Association,South End Neighborhood Developers,and Wright Avenue Neighborhood Association.Staff has received four comments from area residents.None are in support,four are opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.This amendment would intensify possible uses in a revitalizing residential area isolated from other compatible uses. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Brian Minyard,City Staff,made a brief presentation to the commission.Donna James,City Staff,made a presentation of item 8.1 so the discussion could coincide with the discussion for item 8.See item 8.1 for a complete discussion concerning the Short Form Planned Development-Office. Ms.Joyce Raynor spoke on behalf of the application and stated that the property would be used as an office and would not house clients of applicant's counseling services. Ms.Leta Anthony spoke in support of the application and stated that the proposed services would be a clearing-house where clients would be matched with counseling services that would be provided at other locations. 4 November 1 ,2001 SUBDIVISION ITEM NO.:8 (Cont.)FILE NO.:LU01-08-03 Mr.Howard Sanders spoke in opposition to the application and was opposed to the possibility of businesses moving into the neighborhood. Mr.Tommy Brown spoke in opposition to the application and stated that Commercial real estate was available outside the neighborhood that would fit the applicant's needs. Ms.Erma Hendrix spoke in opposition to the application and stated concerns about the notification procedures and added that she was able to talk to property owners within three hundred feet of the applicant's property after receiving a notification card from the City of Little Rock.Ms.Hendrix collected signatures from residents opposed to the application and presented them to the Planning Commission. Ms.Louise Bullocks spoke in opposition to the application stating that it would not improve the neighborhood. Bishop L.T.Walker spoke in opposition to the application stating that he did not want to see the character of the neighborhood disturbed. Mr.Lee Hill spoke in opposition to the application and cited potential traffic problems. Ms.Phyllis Brown spoke in opposition to the application and stated that services similar to those proposed by the applicant were already available within the city. A discussion took place between the commission,city staff,the applicant,and the opposition about the support and opposition to the services proposed by the applicant. Commissioner Rohn Muse asked if the Downtown Neighborhood Plan for the Future supported the proposed project.Jim Lawson, Planning Director,stated that the Goals and Objectives described in the staff report did not designate a specific area for the Goals and Objectives mentioned.Walter Malone,Planning Manager,stated that the neighborhood action plan supported the reuse and rehabilitation of residential units in the neighborhood. 5 November 1 ,2001 SUBDIVISION ITEM NO.:8 (Cont.)FILE NO.:LU01-08-03 Commissioner Judith Faust asked where a copy of the list and map of condemned houses mentioned in the staff report might be located.Brian Minyard stated that the list was located in an appendix of the neighborhood action plan. A discussion took place among the commissioners,applicant,and the opposition about the possibility of working toward a compromise on the issue.The applicant wanted a compromise that would allow the proposed project to move forward. Planning Commission Chairman,Richard Downing,wanted the property owner to speak concerning the sale of the property in question to the applicant.David Featherdon,the property owner,stated that he supported the uses proposed by the applicant and believed that the applicant represented a good cause. Further discussion took place between the commission and the opposition concerning the effect of the proposed use on the neighborhood and what would make the applicant's proposal acceptable to the neighborhood. A motion was made to approve the item as presented.The item was denied with a vote of 0 ayes,11 noes,and 0 absent. 6 November 15,2001 ITEM NO.:8.1 FILE NO.:Z-7107 NAME:Center for Healing Hearts and Spirits Short-Form PD-0 LOCATION:2416 South Chester Street DEVELOPER:ENGINEER: Joyce Rayner Troy Laha P.O.Box 661 6202 Baseline Road Little Rock,AR 72203 Little Rock,AR 72209 AREA:0.16+Acre NUMBER OF LOTS:1 FT.NEW STREET:0 CURRENT ZONING:R-4 two-family ALLOWED USES:Single-family and two-family residences. PROPOSED ZONING:PD-0 PROPOSED USE:Office VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The applicant proposes to rezone the property located at 2416 S.Chester Street from R-4 two-family to PD-0 to utilize the existing single-family residential structure as an office to provide education and referral services to clients.The office staff will administer a community awareness program for victims and family of victims of violent crimes and terminal illnesses.The property will not provide housing for any clients,but will be utilized as office space only. The applicant proposes the hours of operation to be Monday through Friday from 8 am to 5 pm.There will be 2.5 individuals employed by the Center.Volunteer services November 1.=2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 will also be utilized in providing services.Parking will be accessed via the alley.Because most services provided by the Center will be on an individual basis in-house,via telephone,off-site counseling,off-site home visitations and minimal group sessions (3-6 individuals),traffic in and out of the property will be minimal.This single-use PD-0 is for this use only and will not be transferable to any other use. B.EXISTING CONDITIONS: The site contains an exiting,vacant,single-family structure.The area is in the path of the tornado and is characterized by the large number of vacant lots and homes in disrepair or,in some cases,new construction of homes. There are three vacant lots to the north of the site and one to the south.The four lots directly across the street are also vacant.There is a new duplex located on the northwest corner of S.Chester Street and Roosevelt Road. The area to the west of the site is predominately single- family with the exception of a duplex located directly behind the proposed site. The lot slopes downward from S.Chester Street to the rear. There is an existing parking pad,which extends from S. Chester Street along the north side of the house.The lot has been raised and leveled mid-way back with a significant grade change to the alley.There is a three-foot retaining wall separating the grade change with a large mature tree located on the high side of the grade change.In addition, there are the remnants of an out building located on the back property line. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received two informationalcallsconcerningthisapplication.All property owners within 200 feet of the site,all residents within 300 feet of the site who could be identified and the Downtown Neighborhood Association,Martin Luther King Neighborhood Association,Nright Avenue Neighborhood Association and Southend Neighborhood Developers were notified of the Public Hearing. 2 November 1 .2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 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.Driveways shall conform to Sec.31-210 or Ordinance 18,031. 3.Plans of all work in right-of-way shall be submitted for approval prior to start of work. E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entercny:Approved as submitted. ARKLA:No comment received. Southwestern Bell:No comment received. Water:No objection. Fire De artment:Approved as submitted. Count Plannin :No comment received. CATA:Project site is located near Bus Routes ¹2 and ¹15 but has no effect on bus radius,turnout and route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: The request is located in the Central City Planning District.The Land Use Plan indicates Single-Family for this property.The applicant has applied for a Planned Development Office for a non-profit educational and referral organization.The property is currently zoned R-4 two-family.A Land Use Plan amendment for a change to Suburban Office is a separate item on this agenda. 3 November 1 ,2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 Cit Reco nized Nei hborhood Action Plan: The area lies in the Downtown Neighborhoods Action Plan area.There are three (3)statements mentioned in the plan which are related to this activity.Increase small business development.Promote re-use of 64 properties unsold at delinquent tax auctions,whose back taxes totaled $175,000 in a check of records held by the Arkansas Land Commissioner.The Housing Goal supports the preservation and rehabilitation of existing housing to create a diverse and demographically representative neighborhood to provide a feeling of security in the area and spur economic development. Landsca e Issues: A minimum 6.7-foot wide land use buffer is required along the northern and southern perimeters of the site by the Zoning Ordinance.The landscape ordinance also requires the same minimum 6.7-foot wide landscape strip north and south of the new vehicular use area.The plan submitted does not comply with these requirements. Buildin Codes: 1.Add a handicap ramp (suggested placement in the front) to allow for accessibility with a minimum slope of 1 and 12. 2.Designate the front driveway as a handicap space with a minimum width of 16 feet. 3.One interior restroom should comply with ADA requirements. 4.The applicant will be required to obtain a building permit for these and other interior remodels. Contact Mark Whitaker at 371-4839 for details. 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. November 1.:2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Ms.Joyce Rayner and Mr.Troy Laha were present, representing the application.Staff briefly described the proposed PD-O.Staff noted that additional notes needed to be shown on the site plan. Staff also indicated the desire for the structure to remain residential in character.Staff suggested the applicant move the parking to the rear and be accessed by the alley. The Public Works requirements were briefly discussed. Mr.Laha indicated he would work with Public Works on these issues. Landscaping requirements were discussed.Staff indicated a minimum of 6.7 —foot wide landscape strip along the north and south property lines would be required which was not indicated on the site plan.A 6-foot high opaque screen is required along the southern and northern property lines adjacent to the residentially zoned properties.After consideration,it was determined the extension of screening beyond the rear of the structure was not in keeping with the landscaping in the area and would change the character of the structure. After the discussion,the Committee forwarded the PD-0 to the full Commission for resolution. H.ANALYSIS: The applicant submitted a revised site plan to staff on October 30,2001.The revised site plan addresses the issues as raised by staff and the Subdivision Committee. The landscaped areas are shown on the site plan along with the proposed signage. The applicant proposes a 3 foot by 3 foot ground mounted sign in the front yard area.This conforms to the ordinance requirements for office signage.Staff is agreeable with the sign as proposed. The revised site plan also shows the areas of landscaping upgrades as required in paragraph F.of this report.A 6.5 5 November 1.2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 foot landscape strip of shrubs will he put into place for screening adjacent to the vehicular parking area on the north and south property lines to the rear of building. Staff feels the applicant has done an above average job in addressing the site design issues associated with this property,given the fact that the property is very small in size.The desire is for the site to remain residential in character,which the applicant has accomplished by accessing parking from the alley. Otherwise,to staff'knowledge,there are no outstanding issues associated with the PD-O.The proposed PD-0 zoning should have no adverse impact on the general area. I.STAFF RECOMMENDATIONS: Staff recommends approval of the PD-0 rezoning request subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) The applicant was present.There were seven objectors present. The item was discussed concurrently with Item ¹8,LU01-08-03,a Land Use Plan amendment. Staff presented the proposed plan amendment.Staff then presented the PZD and recommended approval subject to compliance with the Conditions outlined in the "Staff Recommendation" above. Ms.Joyce Raynor indicated the property would be used solely as an office use.She stated the program was to provide education and referral to victims of violent crimes and terminal illnesses;this site would not house clients;they will be going out more than clients will be coming in;and identifying services for clients was the primary function of the Center. Ms.Leta Anthony,Co-founder and President of the Women' Council of African American Affairs,stated services are not 6 November 1 ,2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 available to the under served citizens of the community.She stated the reason these centers are located in neighborhoods is because that is where the needs are and the underserved community does not know where to go to get these services.Ms. Anthony stated the Center will serve as a clearinghouse to match clients to services and the physical location is solely to have an address to provide services,which have been taking place in members'omes.She stated she saw this as an opportunity to serve the human capital. Mr.Harold Sanders spoke in opposition.He stated he has lived in the area for several years and has made a significant investment in the area.He stated he has constructed a duplex located on the corner of Roosevelt Road and Chester Street.He also stated he has a home based business but from the neighborhood it appears residential because there is no traffic to his business. Mr.Tommy Brown spoke in opposition.He indicated his supportforMs.Raynor and her objective but felt the use was not conducive to the neighborhood.He felt there were areas,which could be used for this activity and would not be in residential neighborhoods.He stated the alley has suspect activity and additional traffic into the alley would create more problems. Erma Hendrix also spoke in opposition to the proposal and voiced the following concerns:The applicant does not live in the area and the residents question why they chose not to put the project in their area;The Board Members contacted which were listed on the letterhead knew nothing about the project;The letter sent to residents inferred the Police Department was in cooperation. Ms.Hendrix stated she had visited with the Office of the Police Chief and there is no record of the commitment from their Department.Ms.Hendrix also had a letter from a State Legislator in opposition to the project.She stated the group never visited with the neighbors.Ms.Hendrix stated a concern about who was to receive the certified notices and many did not. get the notices but did a get notice from staff.She stated she was grateful to Quapaw Quarter and Capitol Zoning for theirlettersinsupportofpreservingtheneighborhood.Ms.Hendrix presented petitions with signatures of persons in the neighborhood who oppose the project at this location. Ms.Louise Bullocks addressed the Commission and indicated she had lived in the area for over 75 years.She stated the 7 November 1.2001 \ SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 neighborhood has been coming back and there are still things in the neighborhood,which are not great,but bringing this element into the neighborhood could have a negative impact. Bishop L.T.Walker stated he has been moved two times as a result of Philander Smith College.He stated he moved to 2315 Chester Street and it appears this will require him to move once again.He stated he has lived in the city for 81 years and he would like to see the neighborhood preserved. Lee Hill spoke in opposition to the application.He stated he would be directly affected by the project since his house is located adjacent to the alley going southbound which will be utilized to access the parking area.He stated this is not the proper place to locate this activity.Mr.Hill stated there is a problem in that the applicant did not meet with the neighborhood prior to the submission of the application andtrafficsafety,ingress and egress are a concern.Mr.Hill stated the alley to Roosevelt Road is extremely dangerous.Mr. Hill provided pictures to the Commission indicating the sight distance problems at the intersection.Mr.Hill indicated a lot of funds had been spent on rehabilitation of homes after the tornado.Back to traffic he said,there is a no left turn on Chester Street at Roosevelt Road and a check with AHTD indicated 15,000 cars per day on Roosevelt Road.He stated he wanted to preserve the residential character of the area and the use would be better served by placing the Center in a commercially zoned area of the city. Phyllis Brown,an employee of the City of Little Rock in the911-call center,spoke in opposition of the application.She stated the Police Department has a victim's services division, which reaches out to everyone regardless of color who has been a victim of crime.She stated education is also offered through the Police Department and for treatment of terminal illnesses, there is Hospis,Hospitals and Churches that can reach out to people who need services.She stated she did not want to see a parking lot or a marquee when leaving her home reminding her that this was not a residential use. Commissioner Lowry asked Ms.Hendrix the number of signatures on the petition.She stated between 75 and 100.Commissioner Lowry then asked the feeling of the neighborhood.She stated they were against the location and that was the reason the residents signed the petition. 8 November 1 2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 Commissioner Nunnley questioned Ms.Raynor as to the rational behind picking this location.She stated the Council had been looking for over two years for a house to locate the facility. She contacted someone in the area who owned property and askedifheknewofalocation.He indicated this site was available and he would donate a portion of the property value to the council. Ms.Raynor also addressed the question of notification indicating she notified property owners within two-hundred feet as required and all the neighborhood associations in the area giving the purpose of the Center and the services provided and a phone number for anyone to call with questions.She stated only one person had called with questions.She also stated not everyone "picked-up"his or her notices from the Post Office. Commissioner Muse questioned the statement in the staff write-up concerning the Downtown Neighborhoods Action Plan with regard to Economic Development.Walter Malone,of the Planning Staff, indicated small business development in the area was not specified.He noted through out the area there were numerous non-residential structures,which were identified and in his opinion,those structures would be the neighborhood's first choice for non-residential activities.He stated there was a desire to increase the number of residences in the area,which would indicate they would not be in favor of converting a residential structure into a non-residential use. Commissioner Berry questioned Bob Turner,Director of Public Works,regarding the street width in the area.Mr.Turner stated the width was a standard four-lane roadway.Mr.Turner agreed there was a sight distance problem on Chester Street at Roosevelt Road.Mr.Turner also stated it was deemed advisable to use the alleyway to keep traffic off Chester Street. There was a lengthy discussion concerning if the two parties could work through the issues and come to an agreement on how the two could locate together.Ms.Anthony stated her group would be willing to meet with the neighborhood and try to reach a compromise.Ms.Hendrix stated her group would be willing toassistwithfindinganewlocationbutnotfortheCenterto locate in the area. 9 November 1 —2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 Commissioner Downing asked Ms.Raynor the type corporation and funding mechanisms the Center operated under.Ms Raynor stated the Center was a 501 c 3 corporation and the Center operates on donations from individuals.In the future,she stated,the Center will apply for grants to assist in operations.Ms. Raynor stated location was important for staff to get to the victims,but the facility was for an administrative office only. Ms.Raynor stated the Center has been in existence for three years operating from member's homes.She stated the Center was not modeled from any other program she was aware of. Commissioner Nunnley stated a concern of the lack of communication between the neighbors and the applicant and stated he saw preservation of neighborhoods as a key component of the City. Mr.Jim Lawson,Planning Staff,indicated there were four to five structures which were "gone"as a result of the tornado. He stated the map in the package did not indicate this and it appeared there were more structures in the area than are in fact there.In the future,he stated,staff will indicate the structures which are no longer there by "x-ing"through the non- existent structures. Chairman Downing stated two years ago the Commission spoke of mixed-use developments and urban sprawl.He questioned how the neighborhood was being destroyed with the placement of an office in the area.He stated the office would be used for administrative purposes only.He stated not allowing infill development would further urban sprawl.Chairman Downing statedifthesignistheissue,then remove the sign. Mr.Lawson stated the key to smart growth is to revitalize areas in ways that could convert back to single-family.He stated that through the PD-0 the City can support the application and begin to revitalize the area. Commissioner Lowry asked Ms.Raynor if she could limit the number of employees to three,remove the sign,offer no client group counseling on the premise,only offer client in-take services,end hours at the Center at 5:00 pm and have no one coming into the Center for counseling.Ms.Raynor agreed to these conditions. 10 November —,2001 SUBDIVISION ITEM NO.:8.1 (Cont.)FILE NO.:Z-7107 Commissioner Lowry made the motion to approve the Land Use application as filed,Item ¹8.The vote failed 0 ayes,11 noes and 0 absent. Commissioner Lowry made the motion to approve Item ¹8.1 the PD-0 recpxest as filed including staff comments and recommendations including limiting the number of employees to three,removing the sign as agreed to by the applicant and that there be no in house group counseling as agreed to by the applicant. The vote passed 9 ayes,0 noes,0 absent and 2 abstentions (Norm Floyd and Obray Nunnley). 11 November 15,2001 ITEM NO.:9 FILE NO.:S-1327 NAME:Healthy Lawns and Shrubs Inc.—Subdivision Site Plan Review LOCATION:On the West side of Westpark Drive,approximately 450feetSouthofWest12Street DEVELOPER:ENGINEER: Healthy Lawns and Shrubs McGetrick &McGetrick P.O.Box 56499 319 E.Markham StreetLittleRock,AR 72215 Little Rock,AR 72201 AREA:1.445+acres NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:I-2 ALLOWED USES:Industrial PROPOSED USE:Expansion of existing use. VARIANCES/WAIVERS REQUESTED:None recpxested. A.PROPOSAL/REQUEST: The property is zoned I-2 and contain an existing structures used by Healthy Lawns and Shrubs.Healthy Lawns and Shrubs is an existing lawn care center located on West 12 Street,west of Westpark Drive.The existing building and the proposed new building will be used as a shop and storage space of material and equipment and supplies by the company. This application is for multiple buildings on a single site and must go through multiple building site plan review bythePlanningCommission. The applicant proposes the construction of a 500 squarefootbuildingneartheeastpropertylinewithinanexistingconcrete/asphalt area.The applicant notes that the exterior of the new storage building will match the November —,2001 SUBDIVISION ITEM NO.:9 (Cont.)FILE NO.:S-1327 existing building.Please see the attached site plan for the proposed building location. B.EXISTING CONDITIONS: The site is accessed via Vogler Street from West 12 Street.The site contains an existing building used by Healthy Lawns and Shrubs as storage.Other areas of the site contain open storage of lawn materials;plants, composting materials,mulching materials and items that have been removed and are waiting to be shredded for composting.The parking area is currently gravel and concrete.The site has fencing on all sides.To the east, adjacent to the rear of office/warehouse uses fronting West Park Drive,the fence is a six-foot wooden fence.To the south and west the fence is a six-foot chain link fence.A concrete plant is located to the west of the site and the Rock Creek floodway borders the southern boundary of the property. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received no comment from the neighborhood.All property owners within 200 feet of thesiteandtheUniversityParkNeighborhoodAssociationand the Broadmoor Neighborhood Association were notified of the Public Hearing. 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.Stormwater detention ordinance applies to this property.5.Dedicate regulatory floodway to City of Little Rock.See Mel Hall for floodway line determination. 6.A grading permit and development permit for special flood hazard area is required prior to construction. 2 November .—,2001 SUBDIVISION ITEM NO.:9 (Cont.)FILE NO.:S-1327 E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. Entercnr:Approved as submitted. ARKLA:No comment received. Southwestern Bell:Approved as submitted. Water:An acreage charge of $150 per acre applies in addition to normal charges in this area.The Little Rock Fire Department needs to evaluate this site to determine whether additional fire protection is required.On sitefireprotectionoranadditionalpublicfirehydrantmay be required.The work would be done at the expense of the developer. Fire De artment:Approved as submitted. Count Plannin No comment received. CATA:Project site is located near Bus Route ¹3 and has no effect on bus radius,turnout and route. F.ISSUES/TECHNICAL/DESIGN: Plannin Division:No comment. Cit Reco nized Nei hborhood Action Plan: The property lies in the Boyle Park Neighborhood Action Plan area.The Plan was completed in early 2001 and was not presented to the Planning Commission or the Board of Directors because there was no "Champion"of the Plan to bring it forward.An Objective stated in the Plan is to protect the residential integrity of the neighborhood by maintaining adequate separation or sufficient buffering between residential and non-residential uses. Landsca e Issues: A 6-foot high opaque wood fence with its face side directed outward is required along the southern perimeter of the site. 3 November .,2001 SUBDIVISION ITEM NO.:9 (Cont.)FILE NO.:S-1327 Buildin Codes: Submit a full set of plans to building codes for review and permitting.Contact Mark Whitaker at 371-4839 for details. G.SUBDIVISION COMMITTEE COMMENT:(October 25,2001) Pat,McGetrick was present,representing the application.Staff briefly described the proposed site plan and noted that some additional project information was needed. Public Works requirements were briefly discussed. Mr.McGetrick indicated he would work with Public Works to resolve these issues. The landscaping requirements were briefly discussed.It was noted that a 6-foot high opaque wood fence with its face side directed outward is required along the southern perimeter of the site.Concern was raised over the floodway line and the placement of a wooden fence in the floodway.Mr.McGetrick indicted he would work with Public Works to determine the floodway line determination for this property. After discussion,the Committee forwarded the site plan to the full Commission for final action. H.ANALYSIS: The applicant submitted a revised site plan to staff on October 31,2001.The revised site plan addresses the issues as raised by staff and the Subdivision Committee. The proposed hours of operation are 8 am to 5 pm,Monday through Friday.There will be approximately five (5) employees located on this site.The existing building height is 18 feet and the proposed building height is 25feet.There are no new signs and there will not be a dumpster located as a result of this project.Anyadditionallightingwillbeonthebuilding.The applicant has indicated a fence or landscape barrier will be constructed on the south side of the property. 4 November ,2001 SUBDIVISION ITEM NO.:9 (Cont.)FILE NO.:S-1327 The proposed new maintenance and storage building conforms to the minimum setback and height requirements as set forth by the City'Zoning Ordinance.Therefore,there should be no outstanding issues associated with the proposed site plan.The proposed plan should have no adverse impact on the general area. I.STAFF RECOMMENDATIONS: Staff recommends approval of the site plan subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report. PLANNING COMMISSION ACTION:(NOVEMBER 15,2001) Staff informed the Commission that the applicant had submitted a letter on November 12,2001 requesting deferral to the November 29,2001 public hearing.The applicant failed to notify abutting property owners within the required time. The item was placed on the Consent Agenda and approved for deferral by a vote of 11 ayes,0 noes and 0 absent. 5 'I Adopte~November 15,2001 PLANNING COMMISSION CALENDAR -2002 SUBDIVISION HEARINGS: Subdivision ~Fille Date ~te a(Ad Committee (2)HHearinl Date (t)(3) 11-19-01 11-30-01 12-06-01 01-03-02 01-07-02 01-18-02 01-24-02 02-14-02 02-19-02 03-01-02 03-07-02 03-28-02 04-01-02 04-12-02 04-18-02 05-09-02 05-13-02 05-24-02 05-30-02 06-20-02 06-24-02 07-05-02 07-18-02 08-08-02 08-12-02 08-23-02 08-29-02 09-19-02 09-23-02 10-04-02 10-10-02 10-31-02 11-04-02 11-15-02 11-21-02 12-19-02 12-23-02 01-03-03 01-16-03 02-07-03 PLANNING —REZONING —CONDITIONAL USE HEARINGS: Subdivision ~Fille Date ~te a(Ad Committee (2)HHearin l Date (t)(3) 12-03-01 12-19-01 12-20-01 12-05-01 12-1 9-01 01-02-02 01-17-02 01-22-02 02-06-02 02-07-02 01-23-02 02-06-02 02-20-02 02-28-02 03-04-02 03-20-02 03-21-02 03-06-02 03-20-02 04-03-02 04-11-02 04-15-02 05-01-02 05-02-02 04-17-02 05-01-02 05-15-02 05-23-02 05-28-02 06-12-02 06-13-02 05-29-02 06-12-02 06-26-02 07-11-02 07-15-02 07-31-02 08-01-02 07-17-02 07-31-02 08-14-02 08-22-02 08-26-02 09-11-02 09-12-02 08-28-02 09-11-02 09-25-02 10-03-02 10-07-02 10-23-02 10-24-02 10-09-02 10-23-02 11-06-02 11-14-02 11-18-02 12-04-02 12-12-02 11-20-02 12-04-02 12-18-02 01-09-03 AVAILABLE INFORMAL MEETING DATES: (to be scheduled as required) MMeetin i Date (5) 01-31-02 03-14-02 04-25-02 06-06-02 07-25-02 09-05-02 10-17-02 12-05-02 01-23-03 NOTE:(1)All public Hearings shall be held at 4:00 P.M.unless otherwise changed by the Commission. (2)All meetings shall be held at 12:00 P.M.unless changed by the Subdivision Committee, (3)An agenda meeting will be held prior to each public hearing date and will begin at 3:30 P.M.in the Sister Cities Conference Room. (4)Reserved. (5)All informal meetings shall be held at 3:30 P.M.unless otherwise changed by the Commission. (6)All meetings shall be held at 12:00 NOON unless otherwise changed by the Plans Committee. NOTICE:AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST.REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. P L A N N I N G C O M M I S S I O N V O T E R E C O R D D A T E ' J . s ~ e x ) i o & r Z . w g R E . C U L ~ R I I E M B E R 2 . I o R E C T O R , B I L L , ' 0 0 v 0 D O W N I N G , R I C H A R D e w v F L O Y D , N O R M e O a N U N N L E Y , O B R A Y e e ~ B E R R Y , C R A I G S T E B B I N S , R O B E R T u ' e 0 A $ R A H M A N , M I Z A N e 0 & v L O W R Y , B O B o 0 & e A L L E N , F R E D , J R . 0 0 ~ v F A U S T , J U D I T H o o ~ M U S E , R O H N v ~ o 0 y ~ U t . v K R e e . ) r s v p 7 M E M B E R C . t ' R E C T O R , B I L L v ' " D O W N I N G , R I C H A R D 0 F L O Y D , N O R M N U N N L E Y , O B R A Y B E R R Y , C R A I G 0 S T E B B I N S , R O B E R T o R A H M A N , M I Z A N L O W R Y , B O B A L L E N , F R E D , J R . F A U S T , J U D I T H M U S E , R O H N e a r ' e e t i n g A d j o u r n e d 5 P . M . t A Y E N A Y E A A B S E N T A 5 A B S T A I N ~ R E C U S E November 15,2001 SUBDIVISION MINUTES There being no further business before the Commission,the meeting adjourned at 6:59 p.m. /-s-oz Date Chairman S e ary