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pc_12 21 2000LITTLE ROCK PLANNING COMMISSION PLANNING AND REZONING HEARING MINUTE RECORD DECEMBER 21,2000 4:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being eight (8)in number. II.Members Present:Fred Allen,Jr. Craig Berry Bob Lowry Hugh Earnest Judith Faust Mizan Rahman Pam AdcockBillRector Members Absent:Richard Downing Rohn Muse Obray Nunnley,Jr. City Attorney:Cindy Dawson LITTLE ROCK PLANNING COMMISSION PLANNING AND REZONING HEARING AGENDA DECEMBER 21,2000 4:00 P.M. I.DEFERRED ITEMS: A.Z —5682-A Country Club of Little Rock Conditional Use Permit B.G-25-179 Street Name Change;a portion of East Markham Street to President Clinton Avenue II.NEW ITEMS: 1.Z —6952 9119-9213-9215 Asher Avenue R-2,C-3 and C-4 to C-4 2.Z —6956 12900 I-30 R-2 to C-4 3.Z —6957 SE corner of Colonel Glenn R-2 to 0-3 and I-430 and C-3 3.1 LUOO-12-01 A Land Use Plan Amendment in the 65 Street West Planning District,located at the SE corner of Colonel Glenn and I-430;from MX and SO to C and 0. III.OTHER MATTERS: 4.Proposed PR,Park and Recreation Zoning District 5.Report from Plans Committee regarding Special Use Permit procedure for Day Care Family Homes 6.Z-6781-A Telecorp Revised Tower Use Permit OOO t,t ill ",'-I.! g B,.':-a)r.o 1 'S n l 'tl :I YVY'1Y Jdi -L ;IY 7 11 WYWddd J,JhnzJB t,;Wl 'll ttl'll :..YJt:',l p ',.-.-'=-,' S t »'C .'l'33 1 nl JJ'J C J Y JWJJY 05 CL December 21,2000 ITEM NO.:A FILE NO.:Z-5682 —A NAME:Country Club of Little Rock Conditional Use Permit LOCATION:4200 Country Club Blvd. OWNER/APPLICANT:Country Club of Little Rock PROPOSAL:A conditional use permit is requested to erect two temporary (bubble)structures over two pairs of tennis courts.The structures will be erected around December 1 of each year and removed around March 31 of each year.The Country Club property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1.SITE LOCATION: The Country Club of Little Rock is located at the eastern perimeter of The Heights neighborhood.The tennis courts are located at the southwest corner of the site,near Country Club Lane. 2.COMPATIBILITY WITH NEIGHBORHOOD: The Country Club has existed as a component of the Heights neighborhood for many years.The proposal is not to add any new activities to the site,but rather to cover a total of four existing tennis courts for approximately 4 months each winter.The Club has agreed to plant additional trees along the perimeter of the property to provide more screening of the tennis court area from the nearby residences along Country Club Lane.As such,allowing the proposed court covers should not affect the Club'continued compatibility with the neighborhood. The Heights Neighborhood Association was notified of the pending application.Additionally,all residents within 300 feet of the southwest perimeter of the Club property and all owners of property located within December 21,2000 ITEM NO.:A (Cont.)FILE NO.:Z —5682-A 200 feet of the southwest perimeter were notified of the application. The following individuals who live closest to the tennis courts have submitted letters stating that they have no objection to the proposed temporary structures: ~Mr.and Mrs.Jim Atkins 1904 Country Club Lane ~Mr.and Mrs.Curtis Bailey 2110 Country Club Lane ~Mr.and Mrs.Dan Bailey 2112 Country Club Lane ~Mrs.Boots Barnett 1921 Country Club Lane ~Mr.J.W.Benafield 2120 Country Club Lane ~Dr.and Mrs.Ralph Downs 2020 Country Club Lane ~Judge and Mrs.Robert Dudley 1900 Country Club Lane ~Mr.and Mrs.Joe Ford 2100 Country Club Lane ~Dr.and Mrs.Jim Landers 1910 Country Club Lane ~Mr.&Mrs.Russ McDonough,III 2000 Country Club Lane ~Mr.and Mrs.David Snowden 1911 Country Club Lane 3.ON SITE DRIVES AND PARKING: No change is proposed.Existing driveways and parking areas will be utilized. 4 .SCREENING AND BUFFERS: No additional screening or buf fering is required.The Country Club has agreed to plant 40 loblolly pine trees inside the fence along Country Club Lane.The trees will be at least 8 feet tall at planting.The Club also plans to plant a few white dogwoods in this area. 5 .PUBLIC WORKS COMMENTS: No Comments. 6.UTILITY,FIRE DEPT.,AND CATA COMMENTS: No Comments. 7.STAFF ANALYSIS: The Country Club of Little Rock proposes to erect two temporary structures (bubbles)over two pairs of tennis 2 December 21,2000 ITEM NO.:A (Cont.)FILE NO.:Z —5682-A courts .The bubbles will be approximately 36 f eet in height at the tallest point.The structures will be erected on or around December 1 of each year and removed on or around the following March 31.These structures will allow for use of the courts through the harshest winter months.One bubble will cover Courts ¹1 and ¹2.The second bubble will cover Courts ¹3 and ¹4.These are the easternmost tennis courts,located adjacent to the 8 "Fairway and farthest away from the Country Club Lane perimeter of the site.Immediate plans are to erect one structure.Fund raising continues for the second structure. In order to provide a natural screen for the structures,the Club proposes to plant 40 loblolly pines inside the fence along Country Club Lane.The trees will be at least 8 feet tall at planting.The Club also plans to plant a few white dogwoods in this area.The Club has committed to maintain the sprinkler system in this area to ensure the steady growth of these trees.No other improvements are proposed for the Club property and no new use areas are proposed. Letters have been submitted by the adj acent property owners along Country Club Lane voicing no objection to the Club's plans. Staff is supportive of this proposal to erect temporary structures over the existing tennis courts.The increased landscaping along the perimeter of the site should mitigate any potential visual impact of the structures. 8 .STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1.The structures are to be erected on or within one week of December 1 of each year and removed on or within one week of the following March 31. 2.Forty,8 foot tall loblolly pine trees and a few white dogwood trees are to be planted inside the 3 December 21,2000 ITEM NO.:A (Cont.)FILE NO.:Z —5682-A fence of the Club property along Country Club Lane as proposed by the applicant. 3.The sprinkler system is to be maintained in this area to insure the steady rate of growth of these new trees. SUBDIVISION COMMITTEE COMMENT:(OCTOBER 5,2000) The applicant was not present.Staff presented the item. It was felt there were no outstanding issues and the item was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION:(NOVEMBER 9,2000) The applicant was present.There were no objectors present. The applicant has submitted a letter on November 7,2000, requesting that the item be deferred to allow him an opportunity to meet with a concerned neighbor. A motion was made to waive the Commission'bylaws and to accept the late request for deferral.The motion was approved by a vote of 8 ayes,0 noes and 3 absent. The item was placed on the Consent Agenda and approved for deferral to the December 21,2000 commission meeting.The vote was 8 ayes,0 noes and 3 absent. PLANNING COMMISSION ACTION:(DECEMBER 21,2000) William Rector and Bob Lowry abstained on this issue.Ron Tabor was present representing the application.There were no objectors present.A letter had been received from Eva Park Riley on behalf of Mrs.Neil Park of g2 Cantrell Road and Mrs.George Rose Smith of 4300 Cantrell Road requesting that the item be deferred to allow for a meeting with the applicant. Mr.Tabor requested deferral of the item.A motion was made to waive the Commission's bylaws to accept the late request for deferral.The motion was approved by a vote of 6 ayes, 0 noes,3 absent and 2 abstaining (Rector,Lowry). 4 December 21,2000 ITEM NO.:B (Cont.)FILE NO.:G-25-179 Interstate 30,the Board of Directors passed Resolution No. 10,122 stating their intent to rename portions of East and West Markham Street to President Clinton Avenue.On July 27, 1999,that Resolution was amended by Resolution No.10,608 which stated the Board's intent to rename only that portion of East Markham Street,between Cumberland and Collins Streets.That portion of East Markham is located within what is known as The River Market District,the recently developed entertainment and shopping district located along the Arkansas River.The street will serve as a primary entrance to the Presidential Park and Library that are to be located immediately east of Interstate 30.The proposed name change is to take effect when President Clinton completes his term of office on January 20,2001. 7.Staff Recommendation: Staff recommends approval of the proposed street name change. PLANNING COMMISSION ACTION:(DECEMBER 7,2 00 0 ) Staf f requested that this item be deferred to the December 21, 2000 meeting to allow for continued meetings with the affected business and property owners.A motion was made to waive the Commission'bylaws and to accept the late request f or deferral.The motion was approved by a vote of 8 ayes,0 noes and 3 absent.The item was placed on the Consent Agenda and deferred to the December 21,2000 meeting by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION:(DECEMBER 21,2000) Public Works staf f was present representing the item.There were no objectors present.Staff presented the item and a recommendation of approval. The item was placed on the consent agenda and approved by a vote of 8 ayes,0 noes and 3 absent. 2 December 21,2000 ITEM NO.:1 FILE NO.:Z-6952 Owner:Jeff Jenkins Applicant:Jeff Jenkins Location:9119—9213—9215 Asher Avenue Request:Rezone from R-2,C-3 and C-4 to C —4 Purpose:Wrecker Service Size:2+acres Existing Use:Wrecker Service and Office/Vacant Lot SURROUNDING LAND USE AND ZONING Nor th —Vacant;zoned C-3 South —Single Family;zoned R-2 East —Vacant;zoned C-3 and R-2 West —Commercial;zoned C-3 PUBLIC WORKS COMMENTS 9119 Asher Ave. 1.Asher Avenue is classified on the Master Street Plan as a principal arterial;dedication of right-of-way to 45 feet from centerline is required. WITH BUILDING PERMIT 2.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. 3.Driveways shall conform to Sec.31-210 or Ordinance 18,031. 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.Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little December 21,2000 ITEM NO.:1 (Cont.)FILE NO.:Z-6952 Rock Code.All requests should be forwarded to Traffic Engineering. 7.Obtain permits for improvements within State Highway right-of-way from AHTD,District VI. 9213 &9215 Asher Ave. 8.Asher Avenue is classified on the Master Street Plan as a principal arterial,dedication of right-of-way to 55 feet from centerline is required. WITH BUILDING PERMIT 9.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. 10.Driveways shall conform to Sec.31 —210 or Ordinance 18,031. 11.Plans of work in right-of-way shall be submitted for approval prior to start of work. 12.Stormwater detention ordinance applies to this property. 13.Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock Code.All requests should be forwarded to Traffic Engineering. 14.Obtain permits for improvements within State Highway right-of-way from AHTD,District VI. PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA Bus Route. PUBLIC NOTIFICATION All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the John Barrow,Westwood,Pecan Lake,SWLR UP and Stagecoach/Dodd Neighborhood Associations were notified of the rezoning request. 2 December 2 1,2 00 0 ' ITEM NO.:1 (Cont.)FILE NO.:Z-6952 LAND USE PLAN ELEMENT The site is located in the Boyle Park Planning District. The adopted Plan recommends Commercial and Single Family for the area proposed for rezoning.The biggest portion of that area shown as Single Family is already zoned C-4 or C-3. With the loss of a substantial portion of the applicant' property to the Asher Avenue widening project,allowing this minor expansion of the commercial zoning will result in a very small net gain of commercially zoned property.Staff believes it would be appropriate to zone a 20 foot wide OS buffer strip along the sides of the R-2 zoned portion of the applicant'property proposed for rezoning.This would provide a buffer for the adjacent residentially zonedtracts.Staff does not believe a Plan Amendment is necessary. The property lies within the area covered by the Pecan Lake— Stagecoach/Dodd —Westwood neighborhood action plan that was adopted on April 4,2000.The site is on the perimeter of the Westwood area,although this 3-part neighborhood plan covered a much larger area along the Asher-Colonel Glenn- Stagecoach corridors.Objectives within the Westwood Plan were to "maintain adequate or sufficient buffering between residential and non-residential uses"and that "commercial and office activities should remain on Asher Avenue."With the staff-suggested 20-foot buffer,this rezoning request should meet the intent of the action plan. STAFF ANALYSIS The request before the Commission is to rezone these tracts, totaling 2+acres,from "R-2"Single Family,"C-3"General Commercial and "C-4"Open Display Commercial to "C-4"Open Display Commercial.The area proposed for rezoning consists of 4 identifiable tracts: ~A vacant tract located at 9119 Asher Avenue.This tract was previously occupied by Claghorn Shoe Store.ThistractiszonedC-3,General Commercial. ~The Asher Wrecker Service property located at 9213-9215 Asher Avenue.This tract comprises the largest portion 3 December 21,2000 ITEM NO.:1 (Cont.)FILE NO.:Z-6952 of the properties proposed for rezoning.The bulk ofthissiteisalreadyzonedC-4 and is occupied by an auto repair/wrecker service.The rear portion of this tractislocatedonasmallbluff,behind and above the wrecker service buildings,and is used for vehicle parking/storage. ~A small remnant of C-3 zoned property located adjacent to and west of the wrecker service property.This property was previously occupied by a veterinary clinic that was removed as a result of the street —widening project, leaving an undevelopable remnant. ~A tract wrapping around the wrecker service and veterinary clinic tracts.Portions of this tract are zoned C-3,C-4 and R-2 and are already used for parking and vehicle storage. The properties are located on the south side of Asher Avenue,within the commercial node established at the Asher Avenue/Colonel Glenn/Stagecoach Road intersection.Several vacant,C-3 zoned tracts are located across Asher Avenue to the north.The C —3 zoned property across Stagecoach Road is occupied by a gift/variety shop.This property will be substantially impacted by the realignment of theintersection.Vacant,C-3 zoned tracts and an R-2 zoned City of Little Rock Parks Department maintenance facilityarelocatedeastofthesite.Single-family homes are located southwest of the site.A large area of R-2 zoning extends southwest and southeast of the property.The property to the southeast is undeveloped. As a result of the Asher Avenue widening project, substantial right —of-way was taken from these properties. The amount acquired from the Asher Wrecker property varied from 20+feet to 30+feet,virtually eliminating the parkingarealocatedinfrontofthebuildings.The right-of-way acquisition for the veterinary clinic property caused the building to be removed,leaving only the remnant of property.The other properties were similarly,though not as dramatically,impacted.To mitigate the loss of parkingarea,the applicant has acquired the adjacent properties and seeks their rezoning to accommodate needed parking/vehicle storage space. 4 December 21,2000 ITEM NO.:2 FILE NO.:Z-6956 Owner:Jeff M.Brown and Aliza Brown Applicant:Jeb Burnett Location:12,900 I-30 Request:Rezone from R-2 to C-4 Purpose:Retail sales with some outside display Size:1.5+acres Existing Use:Vacant,wooded SURROUNDING LAND USE AND ZONING North —Undeveloped,floodway;zoned R-2 South —I-30 right-of-way East —Undeveloped,wooded;zoned R-2 West —Expo Center and parking lots,zoned C-4 PUBLIC WORKS COMMENTS 1.Dedicate regulatory floodway easement to the City of Little Rock.Contact Melvin Hall for details. WITH BUILDING PERMIT 2.A grading permit and development permit for special flood hazard area is required prior to construction. 3.A sketch grading and drainage plan,a special flood hazard permit,and a special grading permit for flood hazard areas are required.ADEQ and NPDES permit is also required. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. PUBLIC NOTIFICATION All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and December 21,2000 ITEM NO.:2 (Cont.)FILE NO.:Z-6956 the SWLR UP and Otter Creek Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located within the Otter Creek PlanningDistrict.The adopted Plan recommends MCI,Mixed Commercial Industrial for the site.This C-4 request conforms to the plan and is appropriate for this site.The site is locatedatthesouthernperimeteroftheareacoveredbytheOtter Creek/Crystal Valley Neighborhood Action Plan that was adopted on April 4,2000.That plan focused more specifically on the "heart"of the planning area;Stagecoach Road between Baseline Road and Otter Creek Road.This area along I-30 was recognized as being intensely commercial in nature and no changes were proposed to the Land Use Plan along the I-30 boundary of the plan area.This C-4 request conforms to the neighborhood action plan. STAFF ANALYSIS The request before the Commission is to rezone this undeveloped,1.5+acre tract from "R-2"Single Family to"C-4"Open Display Commercial.The applicant has indicated the proposed use of the site to be "retail sales with some outside display." The property is located on the north side of I-30,east of and adjacent to the Expo Center development.The Expo Center and its parking lots are zoned C-4.A large area of undevelopable floodway is located to the north of the site. An undeveloped,R-2 zoned tract and an R-2 zoned, nonconforming motel are located to the east.The interstate right-of-way is south of the site.Beyond the interstate are large tracts of C-4 and I-2 zoned property.A small portion of the western perimeter of the site abuts a recently expanded,R-7 zoned mobile home park.The C-4 rezoning request is compatible with uses and zoning in thearea.Any portion of this site which lies within the regulatory floodway should be zoned OS,Open Space,and protected by a drainage easement. The Otter Creek District Land Use Plan and the Otter Creek/Crystal Valley Neighborhood Action Plan recommend 2 December 21,2000 ITEM NO.:2 (Cont.)FILE NO.:Z-6956 Mixed Commercial Industrial for this site and the properties extending to the east.This commercial rezoning request is the less intensive of the categories permitted under MCI. The C-4 request conforms to the Plans and is appropriately located on the Interstate Frontage. STAFF RECOMMENDATION Staff recommends approval of the C-4 rezoning request with any portion of the site that lies within the regulatory floodway to be zoned OS. PLANNING COMMISSION ACTION:(DECEMBER 21,2000) The applicant was present.There were no objectors present. A letter of support had been received from Janet Berry, President of SWLR United for Progress.Staff presented the item and recommended approval of the C-4 zoning with any portion of the site that lies within the regulatory floodway to be zoned OS. The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 8 ayes,0 noes and 3 absent. 3 December 21,2000 ITEM NO.:3 FILE NO.:Z-6957 Owner:Leonard Boen Applicant:Patrick McGetrick Location:SE corner of Colonel Glenn Road and I-430 Reques t:Rezone from R-2 to 0-3 and C-3 Purpose:Future development Size:59.46+acres Existing Use:Vacant,wooded SURROUND IN G LAND USE AND ZON IN G North —Vacant;zoned C-3 and Clear Channel Radio andTelevisionStudioComplex;zoned C-2 South —Sparsely developed single family;zoned R-2East—Sparsely developed single family and undeveloped;zoned R-2 West —Wooded,undeveloped;zoned POD PUBLIC WORKS COMMENTS 1.Colonel Glenn Road is classified on the Master Street Plan as a principal arterial,dedication of right —of-way to 55 feet from centerline is required. 2.Talley 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 requiredatthecornerofColonelGlennRoadandTalleyRoad. WI TH BUILD ING PERMI T 4.Driveways shall conform to Sec.31-210 or Ordinance18,031. 5.Provide design of street conforming to "MSP"(MasterStreetPlan).Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 6.Plans of all work in right —of —way shall be submitted for approval prior to start of work. 7.Stormwater detention ordinance applies to this property.8.Easements for proposed stormwater detention facilities December 21,2000 ITEM NO.:3 (Cont.)FILE NO.:Z-6957 are required. 9.Obtain permi ts for improvements within State Highway right-of-way from AHTD,District VI. 10.Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock Code.All requests should be forwarded to Traffic Engineering. 11.Grading permit will be required on this development,ifitdisturbsmorethanacre. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. PUBLIC NOTIFICATION All owners of property located within 200 feet of the site,all residents within 300 feet who could be identified and the John Barrow and SWLR UP Neighborhood Associations werenotifiedoftherezoningrequest. LAND USE PLAN ELEMENT The site is located in the 65 Street West PlanningDistrict.The adopted Plan currently recommends MX,Mixed Use,and SO,Suburban Office,for the site.Prior to December 1998,the entirety of the site was shown as Suburban Office.The MX designation was added in conjunction with a Planned Development that never came tofruition.The applicant has filed a plan amendment,askingthatthePlanbechangedtoC,Commercial,and 0,Office.Staff is supporting the plan change,see item no.3.1 on this agenda;LUOO-12-01.The rezoning request will conform to the amended Plan. The property lies at the western edge of the area covered bythePecanLake-Westwood —Stagecoach/Dodd Neighborhood Action Plan that was adopted on April 4,2000.Those neighborhoods involved in developing the plan are located well east of thissite,along the Asher Avenue/Stagecoach Road corridor.The zoning and land use section of the Stagecoach/Dodd element of the Action Plan does recommend that nonresidential 2 December 21,2000 ITEM NO.:3 (Cont.)FILE NO.:Z-6957 developments be "congregated in the area bounded by I-430, Shackleford,Colonel Glenn and David O'Dodd Roads.This rezoning request conforms to that goal. STAFF ANAL YS I S The request before the Commission is to rezone this undeveloped 59.46+acre tract from "R-2"Single Family to"C-3"General Commercial and "0-3"General Office.The northern 35.8 acres adjacent to Colonel Glenn Road are proposed for C-3 zoning.The remaining southern 23.66 acres are proposed for 0-3 zoning.The site is heavily wooded. No specific development has been proposed. The property is located at the southeast corner of Colonel Glenn Road and I —430.The undeveloped property adjacent to the site,between this site and the Interstate,was recently rezoned POD for a multi-building office development.The R —2 property to the south is sparsely developed with 4 single family homes and large areas of pasture.The R-2 zoned property across Talley Road to the east contains 4 single family homes and larger areas of undeveloped,wooded property.The I —1 zoned property southeast of this site contains Little Rock Municipal Water Works and Little Rock Wastewater Utility facilities.Clear Channel,a multiple television and radio station complex,occupies the former "Sam's Club"building on the C-2 zoned property across Colonel Glenn,to the north.Other uses in the immediate vicinity include an undeveloped,C-3 zoned tract across Colonel Glenn and an I-1 zoned office/warehouse complex to the northeast.Farther west,beyond I —430,are large areas of C —2,C —3 and C-4 zoned properties.A car dealership is currently under construction on a portion of the C-4 zoned property at the southwest corner of I-430 and Colonel Glenn Road.Staff believes the rezoning request is compatible with uses and zoning in the area.The commercial zoning will be oriented to the north,at the Colonel Glenn/I-430 interchange.The office zoning will be to the south,where the land use plan recommends Suburban office across Tally Road. The Land Use Plan currently recommends MX,Mixed Use,and SO,Suburban Office,for the site.A land use plan amendment has been filed asking that the site be changed to commercial and office,corresponding with this rezoning 3 December 21,2000 ITEM NO.:3 (Cont.)FILE NO.:Z-6957 request.Staff is supportive of the proposed change.The Plan recommends LI,Light Industrial for the properties to the east and SO,Suburban Office,to the south.The applicant'proposal seems to be reasonable in light of the surrounding land use designations.This rezoning request also meets the intent of the adopted neighborhood action plan. S TAFF RE COMMENDAT ION Staf f recommends approval of the requested C-3 and 0-3 zoning. PLANNING COMMISSION ACTION:(DECEMBER 21,2000) The applicant was present.There were no objectors present. A letter of support had been received from Janet Berry, President of SWLR United for Progress.In response to a concern raised by a neighboring property owner.The applicant amended the application to include a 35-foot wide OS zoned buffer strip along the south perimeter of the site. The OS strip is to be measured from the new property line, once required right-of-way is dedicated.Staff recommended approval of the amended application. The item was placed on the Consent Agenda and approved,as amended.The vote was 8 ayes,0 noes and 3 absent. 4 December 21,2000 ITEM NO.:3.1 FILE NO.:LUOO-12-01 Name:Land Use Plan Amendment —65th Street —West Planning District Location:Southeast corner of Col.Glenn Rd.&I-430 Receuest:Mixed Use &Suburban Office to Commercial &Office Source:Leonard Boen,Boen &Associates Inc. PROPOSAL /REQUEST: Land Use Plan amendment in the 65th Street —West PlanningDistrictfromMixedUse&Suburban Office to Commercial &Office.The Commercial category includes a broad range ofretailandwholesalesalesofproducts,personal and professional services,and general business activities. Commercial activities vary in type and scale,depending on the trade area they serve.The Office category represents services provided directly to consumers (e.g.,legal, financial,medical)as well as general offices,which support more basic economic activities.The applicant wishes to use the property for office,warehouse,and commercial developments. Staff is not expanding the application since the Land Use Plan in this area was reviewed in April 2000. EXISTING LAND USE AND ZONING: The applicant's property is vacant wooded land and currently zoned R-2 Single Family and is approximately 59.46+acres in size.The C-3 General Commercial on the north side of Col. Glenn Road at the I-430 interchange is vacant.A T.V. station and an expo center is located on property to the north of the application area on land zoned C-2 Shopping Center.Office and warehouse structures occupy the I-1 Industrial Park property northeast of the Col.Glenn / Talley Road intersection.Four houses located along the east side of Talley Road sit on property zoned R-2 Single Family.A waterworks plant is located to the southeast on property zoned I-1 Industrial Park.The property to the south of the application area consists of five houses built December 21,2000 ITEM NO.:3.1 (Cont.)FILE NO.:LUOO —12-01 on large lots zoned R-2 Single Family.A vacant PlannedOfficeDevelopmenttouchingthewestboundaryoftheapplicationarealiesbetweentheapplicant's property andI-430. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: ~On September 19,2000 a change took place from Low Density Residential to Mixed Office Commercial on W.36StreetatI-430 about 2/3 of a mile north of theapplicant's property. ~On April 6,1999 a change took place from Office and Community Shopping to Mixed Office Commercial at the northwest corner of Col.Glenn and Bowman Road about a 4 mile west of the application area. ~On December 1,1998 a change took place from SuburbanOfficetoMixedUseontractAoftheapplicant's property resulting in the current land use shown for the proper ty under review . ~On August 5,1997 multiple changes took place on the on the south side of Col.Glenn between I-430 and David O. Dodd Road west of the applicant's property on the opposite side of I-430. ~On June 3,1997 a change took place from Single Family to Commercial on the east side of Marigold Drive about 1 mile east of the applicant'property. ~On June 18,1996 various changes took place along Shackleford and Col.Glenn Road about a 4 north and eastoftheareaunderreview. ~On May 7,1996 multiple changes took place between I-430 and Bowman Road and David O.Dodd Road west of the applicant'property on the opposite side of I-430. Tract A of the applicant'property is shown as Mixed Use while tract B is shown as Suburban Office.The land on the north side of Col.Glenn Road is shown as Commercial.The land east of Talley Road is shown as Light Industrial.The property to the south and west is shown as Suburban Office. MASTER STREET PLAN: Col.Glenn Road is shown as a Principal Arterial on the Master Street Plan while I-430 is shown as a FreeWay. Talley Road is shown as a local street.The Master Street 2 December 21,2000 ITEM NO.:3.1 (Cont.)FILE NO.:LU00-12 —01 Plan shows a proposed collector street linking Talley RoadtoShacklefordRoadabouta4milenorthoftheapplicant'property.Development of this property would be subject totherequirementfor4streetimprovementsonthesouthsideofCol.Glenn Road and for 4 street improvements on TalleyRoad.There are no bikeways shown on the Master Street Planthatwouldbeaffectedbythisamendment. PARKS: The Park System Master Plan does not show any parks or openspacesthatwouldbeaffectedbythisamendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property lies in the area covered by the Stagecoach/Dodd section of the Pecan Lake,Stagecoach/Dodd, Westwood Neighborhood Action Plan.The neighborhood actionplanstatesintheintroductionofZoningandLandUseGoals and Objectives that the neighborhood requests "...that non-residential developments congregate in the area bounded byI-430,Shackleford,Col.Glenn,and David O.Dodd Roads." The zoning and land use goal states:"maintain and encouragesingle—family and low density residential developments intheresidentialareaoftheneighborhood,while encouragingresponsiblenon—residential development in areas currentlyreservedforsuchusesontheFutureLandUsePlan." Objective 51 states:"Protect the residential integrity oftheneighborhoodbymaintainingadequateseparationorsufficientbufferingbetweenresidentialandnon-residentialuses."The plan also includes the following actionstatement:"Encourage new non —residential development westofShacklefordRoadandnorthofDavid0.Dodd Road. ANALYSIS: The applicant's property is buffered from residential areas. The requested change maintains the transition between theintensenon-residential uses along Col.Glen Road and thelessintenseresidentialusesalongDavidO.Dodd Road.TherequestedchangeisalsobufferedbythetransitionfromintenseusesalongCol.Glenn Road and the less intense uses on W.36 Street.The proposed changes also fits as atransitionfromthelessintenseCommercialusesnear theI-430 Col.Glenn Interchange and the more intense LightIndustrialusestotheeast.I-430 acts as a barrier and 3 December 21,2000 ITEM NO.:3.1 (Cont.)FILE NO.:LUOO —12 —01 any development of the applicant'property is not likely toaffect,or be affected by,the development of property on the west side of the freeway. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:John Barrow Neighborhood Association, Meadowcliff/Brookwood Neighborhood Association,Pecan Lake Property Owners Association,South Brookwood Ponderosa,and Stagecoach-Dodd Neighborhood Association. Staff has received two comments from area residents that were neutral. STAFF RECOMMENDATIONS: Staff believes the change is appropriate.The requested amendment fits the pattern of land use located in the vicinity of the application area. PLANNING COMMISSION ACTION:(DECEMBER 2 1 I 2 000) This item was placed on the consent agenda for approval . A motion was made to approve and was passed with a vote of 8 ayes,0 nays and 3 absent. 4 December 21,2000 ITEM NO.:4 SUBJECT:Proposed "PR"Park and Recreation Zoning District REQUEST:That the Planning Commission hold a public hearing on the adoption of the proposed new zoning classification,"PR"Park and Recreation District. STAFF REPORT: At the request of the Parks and Recreation Department,the Planning Staff initiated a review of the Zoning Ordinance regarding the placement of municipal and private recreation uses. The Parks Department is interested in the creation of a new zoning district specifically for such uses.In conjunction with an updated Master Parks Plan,the Parks Department feels that placing municipal Parks property in a "Parks"zoning district will help lead to accreditation of the City'Park System.The new district will be designed to accommodate the wide variety of uses found in a large municipal parks system,ranging from passive use areas and small picnic/playground parks to large regional facilities such as Interstate Park,McArthur Park and the proposed Clinton Library Park. Ordinances were reviewed from other jurisdictions and,in conjunction with the Parks Department staff,the Planning Staff developed a draft "Parks and Recreation"District following a format similar to the other zoning districts in the City. On August 23,2000,the initial draft of the proposed ordinance was distributed to the Plans Committee for review and discussion. Copies of the proposal and an informational letter requesting comments were sent to approximately 50 people on the ordinance amendment mailing list.No comments were received from persons other than staff and the Plans Committee members.The issue was discussed at length at the September 6,2000 Plans Committee meeting.The text of the draft ordinance was accepted and forwarded to the full Commission.The sole remaining issue of concern seems to be the question of public notification of pending park improvements on properties that are zoned PR. The Commission is asked to set the date of public hearing as December 21,2000.Notices will be sent to the persons on the ordinance amendment mailing list.Notices will also be sent to all persons on the neighborhood association notification list. December 2 1,2 00 0 ITEM NO.:4 (Cont.) PLYING COMMISSION ACTION:(NOVEMBER 9,2000) Staf f presented the item to the Commission.Severalcommissionersexpressedconcernthattherewasnomechanism forsiteplanrevieworpublicnotificationofpendingparkimprovements.Staff was instructed to prepare a draft containingsuchaprovision. The item was placed on the Consent Agenda to set the publichearingforDecember21,2000.The vote was 8 ayes,0 noes and3absent. STAFF REPORT: At its November 15,2000 meeting,the Plans Committee discussedtheconcernraisedbytheCommissionregardingsiteplanrevieworpublicnotificationofpendingparkimprovements.Staffofferedasasuggestionthatthefollowingstatementbeadded asSubsection(4)under development criteria: All properties within this district shall be developed under a unified site plan submitted to and adopted by the Planning Commission to assure compliance with the adopted Master Parks Plan. A lengthy discussion f ollowed between the Committee members andthestaffsofthePlanningandParksDepartments.The committee members felt strongly that the new subsection or some otherprocesstoassurepublicinvolvementshouldbeadded.During thediscussion,it became apparent that the new subsection offeredthebestprocesstoassurecontinuedpublicawarenessofpendingparkimprovementsanddevelopments.Staff was directed to makethechangeinthedraftandtobegintheprocessofnotificationoftheDecember21,2000 public hearing. On November 20,2000,staff sent a copy of the draft and a noticeofthepublichearingto168persons,including the ordinance amendment notice list and all neighborhood associations. Comments were solicited and will be forwarded to the Commission. 2 December 21,2000 ITEM NO.:4 (Cont.) PLANNING COMMISSION ACTION:(DECEMBER 21,2000) Bryan Day,Director of Parks and Recreation,was present.There were no objectors present.Only 3 comments had been received bystaffinresponsetothenotificationofthepublichearing.Two comments were from City Staff and a letter of support had been sent by the Hillcrest Residents Association.Staff presented the item and a recommendation of approval with the following change: It was suggested that Subsection (c)(2)be changed to read as follows: "Accessory uses and structures are permitted when they are normally appurtenant to the permitted uses and structures.Such uses may include,but are notlimitedto,related residences and retreatfacilitiesandrecreation,refreshment and service buildings in parks,playgrounds and golf courses." Chair Adcock questioned the maximum permitted height of 120 feet.Staff responded that the increased height would accommodatefacilitiessuchasanobservationtower.Staff noted that theincreasedheightwaspermittedonlywithacorrespondingincreaseinsetback. Ruth Bell,of the League of Women Voters of Pulaski County,spokeinsupportoftheproposedOrdinance.She stated that the League would like to see privately owned recreation areas included. Bryan Day stated that a new Master Parks Plan was being developed and that privately owned recreation areas would be shown on theParksPlan.He stated that those owners would be encouraged to zone their property "PR".Mr.Day stated that it was his department'intent to rezone all of the City'park land in one"fell swoop."Mr.Day stated that zoning the park property to"PR"would protect it from other development. A motion was made to approve the item with staff'suggested change.The motion was approved by a vote of 8 ayes,0 noes and 3 absent. 3 2000 PROPOSED ORDINANCE AMENDMENTS DRAFT 3 DATE December 5,2000 STAFF REPORT:() At the request of the Parks and Recreation Department,the Planning StaffinitiatedareviewoftheZoningOrdinanceregardingtheplacementof municipal and private recreation uses.The Parks Department is interested in the creation of a new zoning District specifically for such uses.In conjunction with an updated Master Parks Plan,the Parks Department feels that placing municipal Parks property in a "Parks"zoning district will help lead to accreditation of the City's Park System.The new district will be designed to accommodate the wide variety of uses found in a large municipal parks system,ranging from passive use areas and small picnic/playground parks to large regional facilities such as Interstate Park,McArthur Park and the proposed Clinton Library Park. Ordinances were reviewed from other jurisdictions and,in conjunction with the parks Department staff,the Planning Staff developed a draft "parks andRecreation"District following a format similar to the other zoning districts in the City. There are f ive important points to note: ~No land can be zoned to "PR"Parks and Recreation District unless that land is first established on the Master Parks Plan. ~Development of any "PR"zoned property must conform to the standards established by the Master Parks Plan for that specific site. ~Properties within the "PR"district must be developed under a unifiedsiteplansubmittedtoandadoptedbythePlanningCommissiontoassure compliance with the adopted Master Parks Plan. ~The "pR"zoning district also encompasses private uses such as private golf courses and subdivision recreation areas if the owners of thosesitesfirstaddthosesitestotheCity's Master Parks plan.There is no re irement that an rivate use rezone its ro ert to PR ~There is no change in the current language of the ordinance reqarding the placement of recreational and cultural uses.Those uses are still permitted by-right or as a conditional use in the various districts described previously.The "PR"district becomes an option,one that is preferred by the Parks Department. '00,ORD.ZON. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 36 OP THE CODE OP ORDINANCES OP THE CZ1Y OP ZITTLE ROCK,ARKANSAS PROVZDZNG FOR THE CREATION OF A NEW SONING DISTRICT TO BE TZTLED "PR"PARK AND RECREATION SONZNG DZSTRZC1,MODZPZCATZON OP VARIOUS PROCEDURES,DEFZNZTZOES p LAND USE REGUIATIONS AND FOR 01HBR PURPOSES . NHEREAS,it has been detezsd.nsd that it is advantageous to the City of Little Rook to have a soningdistzictwhichspecificallyencompassesthewidevariety ofmunioipalandprivatereczeationusesavailabletothecitizensoftheCity;and NHEREAS,the City of Little Rock Planning CommissionhasreviewedandzeconmendedapprovaloftheproposednewParkandRecreationSoningDistrict. NON,TREREPORE BE ZT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OP LZTTLE ROCK,ARKANSAS. SECTION l.That various provisions of Chapter 36 oftheLittleRockCodeoi'zdinanoes be amended as follows: Subsection (a).That Chapter 36.,Section 36-222whichwaspreviouslyazeservedsectionbeamended tozeadasfollows': Section 36-322.PR Park and Recreation District. (a)Purpose snd intent.The PR park snd zeczeationdistrioti.s intended to pz'ovi&e areas whezeactiveandpassiverecreationactivitiesmay bsconductedandforconservationofnatuzalandculturalareasandresources,allowingflexibilityadequatetopezmitreasonable development of the site to meet the recreation and conservation needs of the city.Thisdistrictisintendedtoincludethosepublic andprivateparksndrecreationandconservationazeaswhicharsdesignatedasparksintheadoptedCityMasterParksPlan. (b)Development czitszis.Unless otherwise specifically provided in this chapter,the following development criteria shall apply to the PR park and recreation district: (1)Development of all pzopszties in the PR Di.strict shall confozm to the Park System Standards established hy the Master Parks Plan. (2)Ro property shall be zoned PR until that property has been established on the Master Parks Plan by the Board of Directors.Por puxposes of the official land Use Plan of the city,the adopted Mastez Parks Plan shall control. (3)Multiple uses and structures shall be permitted on individual park sites as specified by the Master Parks Plan. (4)All properties within this district shall be developed under a unified site plan submitted to and adopted by the Planning Commission to assure compliance with the adopted Master Parks Plan. (c)Permitted uses.The following uses aze pezmitted in the PR parks and zeczeation district: (1)Municipal,goveznmental,private or philanthropic parks and recreational uses which confozm to the Masters Pazks Plan, including but not limited to,parks, playgzounds,athletic playing fields,tennis courts,golf courses,natural areas, swimsd.ng pools,country clubs,educational exhibits and cultural attractions. (2)Accessory uses and structures are permitted when they are normally appurtenant to the pezmitted uses and structures such ss recreation,refreshment and service buildings in parks,playgzounds and golf courses (e)Eefght regulations.Mo building hereafter exected or structurally altezed shal'1 exceed a height of forty —five (45)feet at the required front,side or rear yard setback lines.Building heights proposed in excess of forty-five (45)feet are authorized using the following formula:At the height permitted at said yard setback lines,one (1)foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines.In no instance shall the maximum height of the building exceed one hundred twenty (120)feet. (f )Area regula ti ons. (1)The required front,side and rear yard setbacks shall be a distance of not less than twenty-five (25)feet from the property line to the respective face of any building or structure other than for perimeter fences. (g)Lot coverage.The main building and all accessory buildings in the PR district shall not occupy more than thirty-five (35)percent of thetotallotarea. Subsection (b).That Chapter 36.,Section 36-176 be amended to insert between the zoning classifications"I-3 Heavy Industrial District"and "AF Agriculture and Forestry District"a new zoning classificationtitled"PR Park and Recreation District". SECTION 2.That this Ordinance shall take effect thirty (30)days from and after its passage. PASSED: ATTEST:APPROVED: City Clerk Mayor MEAIORANDI JM TO:Little Rock Planning Commission FROM:I'lans Committee of thc Planning Commission SIJBJECT:Plans Committee Rcport and Recommendation on thc Zoning Ordinance Amendment Proposal —2000 Work Program,being a proposal to restructure the current Special IJse Permit process for day care family home. DATE:November 20,2000 RKCOAIMENDATION: ~That the proposal as submitted to the conunittee not be developed as offered by Ms.Jan Taylor or any other form at this time. ~That the curient ordinance language be retained as being appropriate and morc than adequate to regulate this activity. ~That the enforcement history is too small to w'urant disruption of a broadly developed service. HISTORY/REPORT: This subject has as a beginning enforccmcnt activities by both Planning personnel and Dcpartmcnt of Human Services (DHS)over 1999 and into 2000.Thcrc werc many visits by both staffs to a single S.U.P.site on Pleasant Cove in West Little Rock.On almost every visit Planning Staff dctcrmincd no violation and DHS found few complaints that were easily remedied. Ms.Jan Taylor,a neighbor to this use had many complaints about noise,traffic,parking and activity that she felt inappropriate to a residential area.Her primary concern apparently was an inability to cause revocation or a hearing to pursue such. Over the past six months,Ms.Taylor has contacted or made appearances before the City Board or any individual that she felt could offer assistance or solution. Early on this year,Plannin&r Staff committed to include the subject in the year 2000 Amendmcnt Work Program and invited Ms.Taylor to be a participant.She was placed on the mailin&r list for committee materials. The staff completed its development of the 2000 Work Program in July of this year and gained full Commission endorsement as the needed chan&res for review on August 3.The Plans Committee set a firs work session on the items for August 23 and instructed staff to structure the list to deal with S.U.P.flrst.Staff was instructed to invite Ms.Taylor as well as a representative from the DHS.For several reasons the meeting could not be held on August 23 and was deferred to September.I'his was done and all assembled on this date. Meetin on Se tember 6 2000 Ms.Taylor was offered the opportunity to present a case for changes to the ordinance.She presented a thorough overview of what she felt were the pertinent issues and problems. Mr.David Griffin of DHS staff divas present to answer questions.Mr.Griffln stated there were a few violations his staff had found,but they had been retnedied.%1r.Griffln also stated that there were over 100 of these uses in this area in residential neighborhoods and they did not present a problem. Ihe committee and visitors discussed the subject briefly with comment by the chair that the committee would continue this discussion at a later nseeting and determine direction. Meetin on October 4 2000 On October 4,2000,the committee meeting was scheduled for discussion of this item. Present at the meeting were:Judith Faust,Chairperson Dana Carney,Staff Brian Minyard,Staff Richard Wood,Staff Staff offered an options list for discussion that offered as options,no further action and recommending that to the full Commission or proceed in the direction as recommended by Ms. Taylor. The discussion centered on whether there was in fact any problem cityv ide with current uses, ordinance language problems,or anything that suggested change was in order.The consensus was that no action was needed at this time.The chair stated that it would bc appropriate to submit this determination to the balance of the committee for their thou&rhts and later to the full Commission and City Hoard. Meetin~on November.15 2000 On November 15,2000.thc Plans Committcc reviewed a draft memorandum.It was determined that thc draft correctly cxprcsscd the thoughts of the Conunittee.Thc committee members reiterated their opinion that the current ordinance language did not need to bc revised.Staff v as dircctcd to forward the rncrnorandurn to the Full Commission and to notify Ms.Jan Taylor that the item would be on the Commission's Dcccmber 21,2000 Agenda. Present at the meeting werc:Judith Faust,Chairperson Hugh Ernest,Commissioner Obray Nunnlcy,Jr.,Commissioner Tony Bozynski,Staff Dana Carney,Staff Brian Minyard,Staff Walter Malone,Staff PLANNING COMMISSION ACTION:DECEMBER 21 2000 Staff and Commissioner Judith Faust,Chair of thc Plans Committee,presented the report. Commissioner Faust bricfly discussed thc process followed by thc Plans Committee and stated that thc Committee felt no change in current policies or procedures divas warranted. Jan Taylor addressed the Commission.She stated that shc thought it was thc Board of Directors'irectivethattheCommissiondraftanamendmcnttotheCodetoincludearevocationprocedure for Special Use Permits. Jim Lawson,Director of Planning and Development,stated that it divas not staff's understanding that the Board issued such a directive.Mr.Lawson stated that the Board asked the Commission to look at the process to detertnine if changes were warranted,including a revocation clause. Ms.Taylor asked if the issue was still open for discussion.Staff responded that the Plans Committee had made its rcport to thc Conznission and that the Conwnission was to discuss the issue prior to forv,arding its own rcport to the Board of Directors.Ms.Taylor v as encouraged to make any continents shc felt vvcrc pertinent. Ms.Taylor asked vvhy no revocation clause w'as added.Staff responded that thc City' cnforccmcnt policics made such a provision unncccssary,that any violation of the Special Use Permit would result in cnforccmcnt and thc possible issuance of a citation to appear in court.It divas noted that day care family homes had thc additional level of regulation and supervision by the State Department of IIuman Services. Corrllnissioncr IIugh Earnest commcntcd that the issue was thoroughly discussed at the Plans Committee's Scptcmbcr 6,2000 rnccting.IIc stated that there was a frank and open discussion of the issue and that the Plans Committee felt no change to existing policics or procedures divas warranted. Commissioner Bob Lowry commented that Ms.Taylor also had available private remedy through the courts. In response to a question from Ms.Taylor,Mr.Lawson stated that staff would enforce against any violation of the Special Use Permit regulations,including the limit of 10 children. A motion was made to adopt the Plans Committee rcport and to forward it to the Board of Directors.The motion was approved by a vote of eight (8)ycs,zero (0)noes,and three (3) absent. December 21,2000 ITEM NO.:6 FILE NO.:Z-6781-A NAME:Telecorp —Tower Use Permit LOCATION:4500 Alpine Lane OWNER/APPLICANT:Ralph and Melissa Farish PROPOSAL:To obtain a revised tower use permit for a Wireless Communication Facility with a 312.5-foot triangular self-supporting lattice style tower on property zoned R-2,Single Family Residential,located south southwest from the current terminus of Alpine Lane,south of Colonel Glenn Road. ORD INANCE DES I GN STANDARDS: 1.SITE LOCATION: This site is located approximately 1000 feet south— southwest from the current terminus of Alpine Lane, south of Colonel Glenn Road. 2.COMPATIBILITY WITH NEIGHBORHOOD: This site is zoned R-2,Single Family Residential,and is surrounded by R-2 zoning.The area is rural consisting mostly of large tracts of land,many of which are still undeveloped,and some contain site-built and/or manufactured homes.There is currently no road to the proposed site.The distance from the proposed site to any other existing structure is well beyond the height of the tower. Staff believes that given the rural nature of the proposed site,that even with the style and slightly increased height of the proposed tower and slightly reduced setback,the proposal should not have an adverse impact on the surrounding area. This site is not served by any neighborhood association. However,Staff notified the closest association,which was The Spring Valley Manor Property Owners Association December 21,2000 ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A of the public hearing.The applicant notified all property owners within 200 feet of the public hearing. 3 .ON S I TE DRIVE S AND PARKING: An unimproved 1647 linear foot access road was constructed to the site from the current terminus of Alpine Lane.Parking for maintenance vehicles is adequate.The site would be unmanned. 4 .SCREENING AND BUFFERS: The applicant was not required to screen or landscape the site originally.The site would be brought into compliance with the current ordinance standards for landscaping and screening when Alltel collocates on thissite. 5.PUBLIC WORKS COMMENTS: No comment. 6.UTILITY AND FIRE DEPT.COMMENTS: Water:No objection. Wastewater:No sewer service required for this project. Southwestern Bell:No comments received. ARKLA:Approved as submitted. Entergy:No comments received. Fire Department:Approved as submitted. CATA:No comments requested. 7.STAFF ANALYSIS: The applicant acquired a Tower Use Permit (T.U.P.)from the Planning Commission on January 6,2000 for a Wireless Communication Facility (WCF)with a 300 foot triangular self —supporting lattice style tower with supporting equipment cabinets on a 100x100 foot leased area.The approved T.U.P.included setback variances for 2 December 21,2000 ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A a 236 foot set back to the west and a 30 foot setback to the south f or the tower .Normally the tower would have to be set back from the abutting residential property lines the height of the tower .The proposed equipment location met the required setbacks for R —2 zoning. Alltel Mobile applied to collocate on this same tower. During the review of the collocation request,Staff discovered from the drawings submitted by Alltel that the height of the tower and the location of the equipment were not constructed as originally approved. The applicant has requested to amend their Tower Use Permit to allow the facility to remain as currently constructed,with a 312.5 foot tall triangular self— supporting lattice style tower with supporting equipment cabinets located on the northwest side of the tower instead of the northeast side of the tower.The current setback to the west is 234 feet and to the south is 20.83 feet versus originally approved set backs of 236 feet and 30 feet respectively. When the original request was made the property owner to the south opposed the location because he said it would be located only 100 feet from the prime spot for a future house on his property to the south.He felt this tower would negatively impact the view from,and value of,his property. Staff still supports its original belief that this is good location for a single tower,which can provide the widest coverage and support multiple users.Therefore, that would mitigate the impact of the style and height of this tower on the surrounding area.While it is unfortunate that the actual construction of the facility was not as originally approved,Staff believes the revisions would not create a significant change in the impact of this WCF on the surrounding area. 3 December 21,2000 ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A 8.STAFF RECOMMENDATION: Staff recommends approval of the revised tower use permit sub j ect to compliance with the f ol lowing conditions: a.Comply with the City's current Landscape and Screening requirements for WCFs. b.Only sign allowed would be one with a small message containing provider identification and emergency telephone numbers.c.Only lighting allowed would be that required byStateorFederallaw,and that required for safety and security of equipment.Any lighting must be down shielded and kept within the boundaries of the site. Staff also recommends continued approval of the lattice style variance,and approval of revised variances for the height of 312.5,and reduced setbacks of 234 feet to the west and 20.8 feet to the south. SUBDIVISION COMMITTEE COMMENTS: The Subdivision Committee did not review this revised proposal. PLANNING COMMISSION ACTION:(DECEMBER 21,2000) Randal Frazier,attorney for the applicant,was present representing the application.There was one registered objector present.Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation,"paragraph 8 above. Jim Lawson,Planning and Development Director,commented that the discrepancies necessitating this revision were discovered during Staff review of the site plan for an application for the collocation of a second antenna on the existing tower. Therefore,it was decided to bring the site back to the Commission for review and approval before any additional antennas were approved on this tower.He added he did not 4 December 21,2000 ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A believe the mistakes were made intentionally,but were simply errors which occurred during construction. Chair Adcock expressed her concern that there is not a specific formal building permit and inspection process for ensuring that approved issues are constructed as approved in the extraterritorial zoning area.She added that there have to be consequences f or non —compliance;otherwise more non- compliance will occur and people will build cell towers and other things the way they want to. Commissioner Faust stated that she didn'see the layout dimension differences to be large enough to be of great concern. Commissioner Rahman stated his main concern was about the height difference because a tower is built to a specific height as stated in the specifications.Therefore,he felt that if it was higher than approved that the specifications had to have been wrong and purposely stated higher than approved.He stated his concern about the issues of how to ensure compliance in the construction phase and what to do in the case of non-compliance.He also stated his concern about setting a precedence for granting variances.He added that allowing one variance would promote more variances. Commissioner Berry commented that the Commission must be careful that a remedy to deal with compliance is not self— defeating by discouraging collocation.He added that he could live with the 3-4%mistake made in this case,in order to allow Alltel to collocate. Mr.Frazier clarified that the setback to the south was off by 9 feet and that the height was "potentially"taller than approved.He continued that the construction process is not an exact science and measurement methods differ.He felt the differences in height were due to a portion of the footings supporting the tower being constructed above ground,(3.6 feet above ground),and part of the antenna array projecting above the top of the tower.He stated he believed the toweritselfwasprobably300foottallbyitself,but these other physical elements caused the final height of the total structure to exceed 300 feet.He acknowledged that the ordinance height is based on the distance from the ground to the top of the antenna array,but construction crews don' 5 December 21,2000 ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A understand that difference.Mr.Frazier said he asked in the application for the liberal figure which Telecorp's surveyor showed,to be sure the actual total height was covered by the variance.Mr.Frazier stated he believed this height to be higher than the actual physical height.He added that the Alltel drawing showed the distance to the top of the antenna array to be 299.5 feet tall sitting on a 3.6 foot concrete footing for a total of only 303 feet.He agreed that they did make a mistake on the setback,that the tower is 9 feet closer to the south property line than it should have been and they were sorry for that error.However,he added that he didn'feel that difference would have a large impact at that location.He also stated that they have instructed their engineers to pay particular attention to locating the structures correctly in the future.He apologized for the mistakes that were made.He concluded by stating that he felt since the tower was there,no one had complained about it since it was constructed,the area is rural,and there are no residences close to the location,that the best thing to do would be to approve the revised site plan as submitted. Commissioner Lowry asked if the mistakes were made in the plans/drawings or in the construction.Mr.Frazier stated the mistakes were made in construction.Commissioner Lowry also asked Mr.Frazier for his suggestions as to how to prevent these mistakes on the front end.Mr.Frazier responded that he felt that the existing inspection process for those instances where a building permit was required would address accurate siting.Mr.Lawson suggested that Staff place more emphasis on making sure applicants are clear that the height measurement is from the ground to the highest element whetherit'the tower or the antenna array.He added this could be done by stamping permits and plans with that statement,plus verbally emphasizing the point.Commissioner Lowry concluded by stating he felt the mistakes were not intentional,and the project was done in good faith. Walter Nelms,adjacent property owner to the south,explained his concerns.First,the tower did not meet the ordinance- required setback of the height of the tower from adjacent residential property in two directions,to the south and the west.He added that his property is the abutting property in both of those directions.The tower was originally to be only 30 feet from his northern property line and now it's evencloser.His second concern was that because of the tower's location,that there was very little area on his 5 acre 6 December 21,2000 ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A property south of the site that the tower would not strike ifitfellover. Chair Adcock asked Mr.Nelms what he felt should be done about this situation,what would be a fair penalty.Mr.Nelms began with the comment that penalties happen af ter the fact, and that prevention was better.He stated that he felt that since he was unable to attend the original hearing,the item should have been delayed so he could have discussed in personhisobjectionsandsuggestions.He added that in his originalletterofobjectionhestatedthattherewereotherlocations on the Farish's property that had the same or higher elevation that would have been agreeable to him.However,the location next to his property was chosen and that other than the letter he submitted,he had no recourse since he had to be out of town during the hearing. Commissioner Berry asked Staff if the "fall"line for towers was measured to the property line or to structures on adjacent property.Mr.Carney from the Planning Staff responded that the dimension asked about is considered a setback,not a "fall line"or "fall zone",and that it was measured to the adjacent property line not structures on the adjacent property. Three motions were made.The first was to adopt the Staff recommendation to approve the variance for the height of312.5 feet.The motion passed by a vote of 6 ayes,2 nays, and 3 absent.The second motion was to adopt the Staff recommendation to accept the setback variances to allow the tower to be 20.8 feet from the south and 234 feet from the west property lines.The motion passed by a vote of 7 ayes, 1 nay,and 3 absent.The third motion was to adopt the otherStaffrecommendationsandcommentsforconditionsand collocation issues stated in the agenda report.The motion passed by a vote of 8 ayes,0 nays,and 3 absent. Mr.Lawson asked that the record reflect that the applicant had been offered the standard opportunity to defer this item since there were only 8 Commissioners present and he chose not to defer. Commissioner Lowry strongly recommended to the industry andStaffthatthisproblemnotariseagainorhemightnotlook upon it again in the same manner. 7 December 21,2000 V ITEM NO.:6 (Cont.)FILE NO.:Z-6781-A Chair Adcock asked if there was not some way that the City and County could work together to ensure that the rules and regulations are followed in the City's Extraterritorial Zoning Area. Commissioner Earnest suggested that the Commission consider during the next year some sort of consolidation of City and County planning functions to deal with this and other planning issues.He was aware of locations where that process was working in other parts of the country. 8 IE g~in h ~S ~3b hb 7 W'el 4 x h ~~bN x ~ 8 9 ~o 8 ~ L December 21,2000 There being no further business before the Commission,the meeting was adjourned at 5:17 p.m. Date e re ry Chairman