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pc_12 02 1999LITTLE ROCK PLANNING COMMISSION PLANNING AND REZONING HEARING MINUTE RECORD DECEMBER 2,1999 4:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being eleven (11)in number. II.Members Present:Pam AdcockBillRector Judith Faust Hugh Earnest Bob Lowry Obray Nunnley,Jr. Craig Berry Mizan Rahman Richard Downing Herb Hawn Rohn Muse Members Absent:None City Attorney:Steve Giles LITTLE ROCK PLANNING COMMISSION PLANNING AND REZONING AGENDA DECEMBER 2,1999 4:00 P.M. I.DEFERRED ITEMS: A.LU99-13-02 —A Land Use Plan Amendment in the 65 StreetEastPlanningDistrictfromSingleFamilytoSuburban Office for 4807 Ballinger Road B.LU99-15-02 —A Land Use Plan Amendment in the Geyer Springs West Planning District from Commercial and Multifamily to Mixed for 9125 Mann Road C.Pfeifer East Annexation D .Z-4452-B Rush Engine —Revised Short-Form PCD and Preliminary Plat E.LU99-19-02 A Land Use Plan Amendment in the Chenal Planning District —Office to Mixed Office Commercial F.Z-4470-B Chenal Commercial Park (Lot 3R)Short-Form PD-C and Revised Preliminary Plat G.LU99-08-09 A Land Use Plan Amendment in the Central City Planning District —Single Family to Mixed Use H.Z-6765 Beard —Short-Form PCD I.Z-6767 The Toddy Shop —Short-Form PD-C J.G-23-298 Alley Right-of-Way Abandonment —Block 72, Original City of Little Rock II.NEW ITEMS: 1.Z-5057-A 4721 Confederate C-3 to R-2 1.1.Z-5057-B Porter Accessory C.U.P. Dwelling II.NEW ITEMS:(Cont.) 2.LU99-16-04 —A Land Use Plan Amendment in the Otter Creek Planning District from Single Family and Mixed Use to Multi-Family for 9222 Stagecoach Road 2.1.Z-6178-A 9222 Stagecoach PD-C to MF-18 3.Z-6769 3500 Longcoy R-3 to C-3 4.Z-6770 Henderson Road R-2 to R-7A and Site Plan Review 5.Z-6772 11719 Hinson Road R-2 to 0-3 6.Z-6768 Holmes Day Care S.U.P. Family Home III.OTHER MATTER: Update from Land Alteration and Landscape Review Task Force 2 Pu b ic He a r i n g te m s 2 6 5 I 3 RI V E R M HA M x I PR I E VA L L E Y I- 6 1- 6 3 0 KA N I S IH 12 1 M 1C d CI X I M I- 36 - 3 RO O S E V E L T ( I 4 LA W S O N 2E U B E R DA N R 6 A 1 ~1 . 1 g (A X X X I 65 1 H 65 M N RA X I E S + VA L L E Y I= TY UM I T S QA g DI X O N BA S E U N E ( DI X O N 36 5 HA R P E R f5 2 2. 1 OT T E R MA B E L V A L E M V T 5 SU N K E R WE S IL . K5 I K 8 6 R AL E X A N D E R SP C S . P OF F CU T C F F CU T O F F EL 36 S AS H E R QT Y LI M I T S 16 7 PR A T T I AS M Pl a n n i n g Co m m i s s i o n Ag e n d a De c e m b e r 2, 3 99 9 december 2,1999 ITEM NO.:A FILE NO.:LU99-13-02 Name:Land Use Plan Amendment —65th Street East Planning District Location:4807 Ballinger Rd. RecCuest:Single-Family tc Suburban Office Source:Emmanuel Ilodiamya PROPOSAL /REQUEST: Land Use Plan amendment in the 65th Street East PlanningDistrictfromSingleFamilytoSuburbanOffice.The Suburban Office category provides for low intensity development ofofficeorofficeparksincloseproximitytolowerdensity residential to assure compatibility.A Planned ZoningDistrict(PZD)is required. The applicant proposes to open an out patient family counseling office. EXISTING LAND USE AND ZONING: The applicant's property is zoned R-2 Single Family and is approximately .94+acres in size.Currently,a single- family residence occupies the site.A railroad track runs through a tract of wooded property in an R-2 zone on the north side of Ballinger Road.Single-family dwelling unitssitonBallingerRoadinanR-2 zone to the northeast of thesiteinquestion.A small vacant apartment complex occupies the property to the southeast in an R-5 Urban Residence zone.The neighborhood to the south and west consists of single family dwelling units built on property zoned R-3 Single Family. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The property is located in,and surrounded by,areas shown as Single-Family. On July 6,1999 a change was made from Single Family to Park/Open Spaces and Mixed Commercial and Industrial on Woodcrest Drive between Battle Road and Southern Oaks Drive about a half-mile southwest of the applicant's property. On June 4,1996,a change was made from Commercial to Industrial on Forbing Road west of the Geyer Springs december 2,1999 ITEM NO.:A (Cont.)FILE NO.:LU99-13-02 intersection about a three fourths of a mile southwest of the applicant's property. On February 20,1996 a small change was made from Commercial to Suburban Office and Mixed Use on Geyer Springs Road near the intersection of Forbing Road about three fourths of a mile southwest of the applicant's property. MASTER STREET PLAN Ballinger Road is shown as a local residential street on the Master Street Plan. PARKS: The applicant's property is located south of the Benny Craig Park. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property is not located in an area covered by a city recognized neighborhood action plan. ANALYSIS: The property in question matches the rural characteristics of the houses along Hoffman Road with large lots and houses near the front of the property.It sits next to the edge of residential subdivision characterized by smaller lots typical of mid-sixties and early seventies development.The vacant apartment complex located southeast of the applicant's property was developed at the rear of the neighboring property while retaining the house at the front of the property.The Union Pacific Railroad tracks separate the applicant's neighborhood and the neighborhood to the north. Suburban Office has been used in other areas as a buffer between more intense uses and Single Family.In this case, there is nothing to buffer since all of the abutting uses are residential. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Wakefield N.A.and Geyer Springs N.A.Staff 2 december 2,1999 ITEM NO.:A (Cont.)FILE NO.:LU99-13-02 has received no comments from area residents.The applicant provided us with a petition that contains 35 signatures of support from area residents.Wakefield Neighborhood Association,in which this application lies,is in support of the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.The applicant's property is located in an area completely surrounded by residential uses.The applicant's property is located on a residential street.A change to Suburban Office would intrude on the residential character of the neighborhood. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) The applicant requested a deferral due to ill health.The bylaws were waved for the five-day notice.This item was placed on the consent agenda for deferral and was approved with a vote of 9 ayes,0 noes and 2 absent.This item was deferred to the December 2. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) Brian Minyard,of Staff,presented the item to the Commission. Emmanuel Ilodiamoia,the applicant stated that they chose this location near a bus stop for a counseling serviceclinictobeaccessibletoclients. Mr.Don Darnell,President of the Wakefield Neighborhood Association,spoke in support of the application and stated that the neighborhood association voted to support this application. Commissioner Herb Hawn asked Mr.Darnell if the neighborhood association discussed this issue as a land use issue independent of the counseling center.Mr.Darnell responded that the neighborhood association discussed the land use issue independent of the counseling center and voted to support the land use change. 3 december 2,1999 ITEM NO.:A (Cont.)FILE NO.:LU99-13-02 Vice Chair Pam Adcock asked Mr.Ilodiamoia how he planned to work with the schools on family counseling.He stated that the Family Counseling would work with the school counselors to provide counseling services to the neighborhood. Commissioner Bill Rector asked if the clinic would be located in an existing structure.Mr.Ilodiamoia replied that the clinic would be located in an existing house. Commissioner Rector explained that the regardless of theclinic,the Suburban Office use of the property could applytoamultitudeofdifferenttypesofoffices. Mr.Jim Lawson,Planning and Development Director stated that even with approval of the land use change,the applicant would need to apply for a Planned Office Development (POD). Commissioner Hawn stated that he felt that a Conditional Use Permit (CUP)should be sufficient for a counseling clinic without changing the land use plan.Mr.Dana Carney ofstaffstatedthatagrouphomewouldbepermittedwith a Conditional Use Permit in an area zoned R-2 residential because to the residential nature of a group home.Theclinic,however,is not a residential use and that a Conditional Use Permit would not be sufficient for the applicant's purpose. A conversation took place between the commission and staff about the merits of denying the land use change but approving a zone change. Commissioner Obray Nunnley asked Mr.Darnell why the neighborhood supported the land use change regardless of what the applicant wanted to do with the property.Mr. Darnell stated that the property faced a railroad track across the street and the property was not really suitable for residential uses. Commissioner Hawn stated that he felt that the members of the neighborhood association understood what they were supporting. Commissioner Craig Berry asked Mr.Darnell what drove the neighborhood to support the land use change.Mr.Darnell stated that the house on the applicant's property and the nearby apartments were a detriment to the neighborhood and 4 december 2,1999 ITEM NO.:A (Cont.)PILE NO.:LU99-13-02 that Suburban Office use would improve the neighborhood while getting rid of unsuitable types of residential dwelling units. Commissioner Berry stated that he had problems with approving the land use change.Chair Hugh Earnest asked Walter Malone,of Staff,to explain to the applicant the steps to be taken if the land use plan amendment was to be denied.Mr.Malone explained the steps to be taken if the application is either approved or denied.The applicant could apply for a Planned Development.The Commission and staff had a discussion concerning the merits of this land use. Mr.Ron Woods spoke on behalf of the applicant.Mr.Ron Woods stated that he agreed with commissioners'oncerns about separating the land use and zoning in this case and had opposed the idea that Mr.Ilodiamoia needed to apply for a land use change before applying for a zone change. Vice Chair Adcock stated that approval of this change would help to improve the neighborhood. A motion was made to approve the item as presented and was approved with a vote of 6 ayes,5 noes and 0 absent. 5 december 2,1999 ITEM NO.:B FILE NO.:LU99-15-02 Name:Land Use Plan Amendment —Geyer Springs West Planning District Location:9125 Mann Rd. RecCuest:Commercial a Multi-Family to Mixed Use Source:Tom Folkner,Tom's Tavern PROPOSAL /REQUEST: Land Use Plan amendment in the Geyer Springs West PlanningDistrictfromCommercial&Multi-Family to Mixed Use.Mixed Use provides for a mixture of residential,office,and commercial uses to occur.A Planned Zoning District (PZD)is required if the use is entirely office or commercial oriftheuseisamixtureofthethree. The applicant wishes to use the property for a tavern, apartments and a mini-storage warehouse. Prompted by this Land Use Plan Amendment request,the Planning Staff expanded the area of review to include the entirety of the Commercial area which includes the West Baseline Alert Center.Expansion of the boundaries will make the boundaries more logical.With the expansion of the review area,the entirety of the commercial area shown on the land use plan between Stardust Trail and Terrace Place would be eliminated. EXISTING LAND USE AND ZONING: The applicant's property,approximately 1.93+acres in size,is zoned a mixture of C-3 General Commercial along Mann Road and R-2 Single Family and R-5 Urban Residence zoning on Terrace Place.The expanded area is 2.65+acres.The West Baseline Alert Center,at the northeast corner of StardustTrailandMannRoadiszonedC-3 General Commercial.A commercial building at the corner of Terrace Place and Mann Road is also zoned C-3.Three apartment buildings located on Terrace Place are zoned R-5.The remainder of the surrounding properties,including a mobile home park across the railroad tracks to the north,is zoned R-2. december 2,1999 ITEM NO.:B (Cont.)FILE NO.:LU99-15-02 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The property is shown as Commercial along Mann Road and Multi-Family for the remainder.The land north of the property lies in a Commercial land use area with frontage on Baseline Road.Multi-Family borders the property on theeastside.The property to the south is shown as Single Family. On June 15,1999 a change was made from Single Family to Suburban Office and Service Trades District at the northwest corner of Baseline Road and the Mabelvale Pike /I-30 interchange about a mile northwest of the applicant's property. On December 5,1995,a change was made from Single Family to Mixed Use on Mabelvale Cutoff west of Chicot Road about a mile southeast of the applicant's property. On December 6,1994,a change was made from Park Open SpacetoCommercialatBaselineandI-30 about three-quarters of mile northwest of the applicant's property. MASTER STREET PLAN: Mann Road is shown on the Master Street Plan as a CollectorstreetfromBaselineRoadtoMabelvaleMainStreet.The Master Street Plan also indicates a proposed Class I BikewaythatwillfollowthissectionofMannRoadandlinkForbing Road to the proposed South Loop. PARKS: The Master Parks Plan does not show any existing or proposed parks for this area. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property is located in the area covered bytheChicotWest/I-30 South Neighborhood Action Plan.The Economic Development goal of the plan includes the objectiveofretainingexistingbusinesseseTheHousingand Neighborhood Revitalization goal contains the objectives of concentrating development in the more urbanized northern section of the study area (wherein this lies)while 2 december 2,1999 ITEM NO.:B (Cont.)FILE NO.:LU99-15-02 encouraging home ownership throughout the study area.The Community Image goal includes the objectives of stricter code enforcement and zoning reviews in the study area. ANALYSIS: All development along Mann Road is along the south side of the street because of the railroad right-of-way that parallels Mann Road on the north.This area was annexed in 1980 and the use pattern of residential and pockets of commercial uses was already in existence.There are other pockets of commercial uses along Mann Road.However,verylittlenewcommercialdevelopmenthastakenplacealongthis section of Mann Road.Much of the residential uses to the south consist of the single-family residential patternscharacteristicofthe1960'and 1970'.Typically,heavier uses,which would include mini-storage,would be placed onarterialsoratleasttheintersectionofacollectorand anarterial.Mixed Use will allow non-residential uses in this area surrounded by multi-family and single family residential uses,intruding deeply into the residential area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Nest Baseline N.A.,Cloverdale N.A.,and the Town and Country Neighborhood Association.Staff has received three comments from area residents.One is in support,one was neutral,and one is negative. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate.The depth of the applicant'lot would allow non-residential uses to penetrate deeply into the residential subdivision. PLANNING COMMISSION ACTION:(OCTOBER 14,1999) This item was placed on the consent agenda for deferral and was approved with a vote of 9 ayes,0 noes and 2 absent. This item was deferred to December 2. 3 december 2,1999 ITEM NO.:B (Cont.)FILE NO.:LU99-15-02 PLANNING COMMISSION ACTION:(DECEMBER 2,1999) Brian Minyard,of Staff,presented the item to the Commission. Mr.Alan Beasley spoke on behalf of the applicant,Mr.Tom Faulkner.Mr.Beasley described the character of the proposed mini-storage warehouse and the dilapidated nature of the nearby apartments. Ms.Janet Berry spoke on behalf to the West Baseline Neighborhood Association in support of the application.Ms. Berry noted that they considered the long-term ramifications of a land use plan change.The neighborhood supported the concept that any commercial development in an area shown as Mixed Use would have to submit to the Planned Unit Development process.Finally,the neighborhood believes that Mixed Use would be an improvement over current uses in the area. Mr.Oley Rooker spoke in support of the application.Mr. Rooker attributed incidents of crime to residents in the neighboring apartments.The nearby apartments hurt businesses in the area. A conversation took place between the commission and staff about the merits of the land use change and the proposalitself.Mr.Walter Malone of staff explained that this application was for a minor land use plan amendment. Commissioner Herb Hawn replied that the land use was the issue but the actual proposal was a good one. Commissioner Obray Nunnley asked why staff expanded the area under review but opposed the change.Mr.Malone explained that commercial and office uses already existed in the area and that the expansion included the corner of Mann Rd.and Stardust Dr.where the alert center is located. Commissioner Nunnley and Mr.Malone had a discussion about the Planned Unit Development process. A motion was made to approve the item as presented and was approved with a vote of 11 ayes,0 noes and 0 absent. 4 december 2,1999 ITEM NO.:C FILE NO.:293 ANNEXATION ANALYSIS —Pfeifer-East I.General Information Owner:Multiple Owners,Christopher O.Parker,Agent Location:North side of Highway 10,North and East of the Chenal Intersection Legal Description/Size:The SE 4,SW 4,SW 4,SE 4 and the SE 4,SE 4,Section 10 and the NE 4,NE 4,NW 4,NE part of the SW 4,NE 4,part of the North 'w,NW &4, and part of the SE 4,NW 4,Section 15,T-2-N,R-14-W, Pulaski County,Arkansas,containing 312.75+acres and 0 population. Purpose of Annexation Request:To receive city services. Site Configuration:An irregular shaped parcel being 3,800 feet north by south and 5,000 feet east by west. Physical Characteristics of the Site:The majority of the site is generally tree-covered and undeveloped.The land slopes downward from the north to the south. Existing Land Use:The bulk of the land is vacant. There is,however,an electrical substation,telephone substation,church and a private school included in the annexation. december 2,1999 ITEM NO.:C (Cont.)FILE NO.:293 Abutting Land Use Relationships:North —Vacant South —Vacant East —Single Family/Vacant West —Commercial/Vacant ZZ.A~nal sis Prospective Land Use Pattern and Compatibility with Municipal Plan:This property lies within the City's extraterritorial jurisdiction (zoning and subdivision).It also lies within the PinnacleDistrictLandUsePlan.The plan calls for single family.The applicant is proposing to develop 450 single family units.The proposed development is compatible with the City's Land Use Plan. Community Services/Facilities Effect On: Parks:No Comment received. Fire:The annexation of this property is important for the growth of the City of Little Rock,especially since it lies between Northwest Territory subdivision and F.C.Grass Farms both of which are newly annexed areas of Little Rock. Land has already been acquired for a new fire station to serve this area.It is important to remember that when the area surrounding this station site has developed to 51%of the averagefiredistrict,the fire station will need to bebuilt,equipped with one pump and one ladder truck,and staffed with 24 fire fighters.The new station will be a requirement with or without the annexation of the Pfeifer property. Police:None. 2 december 2,1999 ITEM NO.:C (Cont.)FILE NO.:293 Public Works:Annexation should take into consideration collector and arterials shown on the current Master Street Plan.A new collector from Chenal to one of the shown Master Street Plan collectors may be required at the time of preliminary plat plat submittal to provide connectivity.Because the proposed development will be commercial in nature,we can anticipate an increase in traffic on Chenal Parkway.This may require signalization at the intersection of Highway 10 at Chenal Parkway due to annexation. As development of this property is achieved,it will result in increased street light,striping, and signage needs. Little Rock School District:No comment received. Utilities Effect On: Water:Service is not available at this time to the portion of this property that is over 410 feet above mean sea level,or to the property which is north of the ridgeline.To serve the remaining property,water main extensions installed at the developer's expense will be required.Exceptional charges apply for service to this property.Water service to a portion of this property may be available from Maumelle Water Corporation. Sewer:The Little Rock Wastewater Utility has no objection to this annexation but have the following comments:The southern and eastern portion of the annexation can be served by an extension of the Little Rock Wastewater Utility collection system.The Little Rock system is not designed to serve the remaining area to the north 3 december 2,1999 ITEM NO.:C (Cont.)FILE NO.:293 and west.Requests for service in this area will be considered by the Little Rock Sanitary Sewer Committee,and at the committee'direction may be approved with special conditions. III.Staff Summa and Summa Recommendation This proposal lies within the City' Extraterritorial Jurisdiction and is compatible with the City's Land Use Plan.The annexation will however create two unincorporated "islands". A small "island"of about 2.5 acres has been left out at the property owner's insistence.A much larger "island"(approximately 182 acres)will be created due to a series of previous annexations with this annexation creating the "fourth"side. While the creation of two "islands"is less than desirable,the City can initiate its own "island" annexation action in the future as it is doing now.The applicant has worked with the City tocreatethebestannexationpossiblebyincluding Wingfield Methodist Church,an Entergy substation, a Southwestern Bell substation and the Walnut Valley Christian Academy.The staff,therefore, recommends approval as filed. IV.Plannin Commission Action:(October 14,1999) The applicant,Mr.Christopher Parker was present and asked that his item be deferred.He also asked that there be a discussion on his item so that he may know of the concerns of the Commission. Mr.Jim Lawson,Director of Little Rock Planning and Development made the staff's presentation.He stated that the staff had worked on the cost benefit analysis to refine it and make it more accurate.He also stated that this annexation would produce 4.27 dollars of revenue for every dollar of cost.He further stated that the City 4 december 2,1999 ITEM NO.:C (Cont.)FILE NO.:293 Manager felt the fire and police pension monies should be counted as revenue because they would have to be paid from general revenues.Mr.Lawson also stated that the staff was working with the applicant on developing an agreement for some park land use in the form of biking and/or hikingtrails. Mr.Parker stated that there were issues to be resolved such as sewer (the northern and eastern 70 acres that fell into another sewer basin)and the proper method of dedication of park trails. A lengthy discussion ensued between the Commission and the staff about how various revenue and expense data was ascertained.More discussion ensued about the two "islands"that would be created as a result of this annexation.The staff informed the Commission that objectors were eliminated by the county judge to create the smaller "island"and the larger "island"would or could be annexed by the city in the future just as the City was attempting to annex the 11 existing"islands". Mr.Ralph Desmarais,representing citizens for accountable growth delivered a letter of opposition to the annexation from Mr.Jim Lynch,co-chair of the Little Rock New Party.He stated he was only delivering the letter and did not represent Mr.Lynch.Mr.Desmarais stated that his coalition had concerns over environmental issues and other off-site issues that they felt were not addressed by the staff's analysis. Ms.Janet Berry,spoke against the annexation. She stated that there seemed to be a lot of unanswered questions. Ms.Ruth Bell,representing the League of Women Voters spoke in favor of the annexation.She stated the developer had a good track record and 5 december 2,1999 ITEM NO.:C (Cont.)FILE NO.:293 seemed to be working with the city on sewer and park issues.She also stated that she had some reservations about proceeding with annexations in general without first having some resolution of smart growth policy issues. A general discussion ensued.Commissioner Lowry made a motion to defer this item to the next Planning and Rezoning meeting December 2,1999. The motion passed by a vote of 9 ayes,0 noes,and 2 absent. PLANNING COMMISSION ACTION:(DECEMBER 2 g 1999) Jim Lawson,Planning Director,stated that the staff's recommendation was approval and there was not any reason to restate the particulars. Mr.Chris Parker,agent for the applicant,made a presentation to the Commission.He stated that the applicant had agreed:to delay or defer development of the 65 acres north of the ridge line that could not be currently served by gravity sewer;to provide a 15'ccess easement for hiking,biking trails etc.;throughout the property.Mr. Parker further amplified and discussed the cost/benefit analysis provided by the staff.The bottom line he said was that the proposed development would be upper-middle class and would more than pay for itself regardless of how the costs were figured. Ms.Ruth Bell,of the League of Women Voters,spoke in favor of the annexation.Mr.Rollin Caristianos,board member of Walnut Valley Christian Academy,spoke in favor of the annexation. A lengthy discussion ensued.Commissioner Hawn made a motion to approve the annexation.Commissioner Rahman seconded the motion.The motion passed by a vote of 9 ayes, 0 noes and 2 absent. 6 D~ember 2,1999 ITEM NO.:D FILE NO.:Z-4452-B NAME:Rush Engine —Revised Short-Form PCD and Preliminary Plat LOCATION:Northwest corner of Asher Avenue and Elm Street DEVELOPER:ENGINEER: Bill F.Rush Garver Engineers 4100 Asher Avenue 1010 Battery StreetLittleRock,AR 72204 Little Rock,AR 72202 AREA:Approx.3 acres NUMBER OF LOTS:2 FT.NEW STREET:0 ZONING:PCD ALLOWED USES:Mixture of Commercial and Industrial PROPOSED USE:Mixture of Commercial and Industrial with the addition of a third building VARIANCE S/WAIVERS REQUESTED: Waiver of the right-of-way dedication for Asher Avenue,ElmStreet,Lewis Street and West 29 Street BACKGROUND: On August 6,1985 the Board of Directors passed Ordinance No. 14,925 which rezoned this property from C-3 to PCD for a mixed commercial/industrial development.There are currently two (2)buildings or the site.The smaller building at the southwest corner of the property contains a restaurant,with Rush Engine Remanufacturers occupying the larger building. A.PROPOSAL/REQUEST: The applicant is proposing to revise the previously approved PCD by subdividing the property into two (2)lots and proposing a commercial building on the new (Lot 1).AfuturebuildingadditionisalsoproposedfortheRush D~=ember 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B Engine building. The new building proposed is to be 7,000 square feet in area (one story)and used for auto parts,sales.This building istobelocatedatthesoutheastcornerofthepropertyonthe newly created lot.A 14,600 square foot future buildingadditionisproposedforthe24,760 square foot Rush Engine Remanufacturing building.The proposed building,buildingadditionandparkingdesignarenotedontheattachedsite plan.Cross access easements are proposed along the commonlotlines. The applicant has noted that an auto parts store (Advance Auto Parts)will occupy the new building,with Rush Engine Remanufacturers remaining in the large commercial building. The applicant is proposing C-3 permitted uses for theexistingcommercialbuildingatthesouthwestcorner of thesite. The applicant has noted the following hours of operation forthethree(3)buildings: Rush En ine —8:00 a.m.—5:00 .m.,Monda -Frida Commercial building (southwest corner of property)10:00 a.m.—7:00 p.m.,Tuesday-Saturday Advance Auto Parts —8:00 a.m.—9:00 p.m.,Daily B.EXISTING CONDITIONS: As noted previously,there are two (2)existing commercial buildings on the site.A 24,760 square foot building islocatedwithinthenorthone-half of the property,with an1,810 square foot building near the southwest corner of thesite.The entire site is concreted or paved,property linetopropertyline. There is a mixture of commercial uses to the eat and west along the north side of Asher Avenue and to the south across Asher Avenue.There is a church across Lewis Street to the west,with single family residences further west.There arealsosinglefamilyresidencesandachurchtothenorthandeastacrossElmStreet. C.NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as ofthiswriting.The Midway and Love Neighborhood Associations were notified of the public hearing. 2 December 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Asher Avenue is listed on the Master Street Plan as a principal arterial,dedication of right-of-way to 45 feet from centerline will be required. 2.Elm Street,Lewis Street,and West 29"Street are commercial streets.Dedicate right-of-way to 30 feet from centerline. 3.A 20 feet radial dedication of right-of-way is required on all corners. 4.Provide design of street conforming to "MSP"(Master Street Plan).Construct one-half street improvements to these streets including 5-foot sidewalks with planned development. 5.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards.Repair existing sidewalk. 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.Building construction over storm drainage will not be allowed. 9.Driveway shall conform to Sec.31-210 and Ordinance 18,031.Close unused driveways. 10.Proposed auto parts business should take access from access easement only. 11.Access easement must be 45 feet of right-of-way and constructed to City standards,minor commercial street. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. APSL:No Comment received. Arkla:No Comment. Southwestern Bell:No Comment received. Water:No Comment. Fire Department:May require private fire hydrant.Contact Dennis Free at 918-3752 for details. Count Plannin :No Comment. 3 December 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B CATA:CATA Routes ¹14 and ¹16 serve this site;approved for transit as submitted. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is in the I-630 Planning District.The Land Use Plan currently shows Commercial for this location.The expansion of an existing PCD is not a Land Use Plan issue. Cit Reco nized Nei hborhood Action Plan:The Oak Forest Neighborhood Action Plan recommends that new commercial be located along corridors. Landsca e Issues: The proposed plan does not allow for the required 10 foot wide buffer along Asher Avenue nor the 8 foot wide buffer along Elm Street. A total of six percent of the vehicular use area of the Advance Auto Parts property must be landscaped with interior islands.Also,a minimum 4 foot wide landscape strip is required along the western perimeter and a 3 foot wide building landscape strip between the public parking area and building.There is some flexibility allowed with the building landscaping requirement. Upgrade in landscaping toward compliance with the Landscape Ordinance equal to the building expansion proposed (60%)on the Rush Engine Remanufacturers property will be required. Variances from minimum Landscape Ordinance requirements can only be granted by the City Beautiful Commission. G.ANALYSIS: The applicant submitted a revised site plan and additional information to staff on October 27,1999.The revised plan addresses most of the concerns as raised by staff and the Subdivision Committee. The revised plan provides for additional building and interior landscaped areas within Lot 1 as required by staff. Staff is comfortable with the landscape areas provided within Lot 1.Lot 2 will require an upgrade in landscaping when the future building addition to the large commercial 4 December 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B building is made. The revised plan also shows the access easement along the west property line of Lot 1 to include the parking spaces along that property line,as requested by staff.The fact that there is an access easement along both interior property lines of Lot 1,a requirement for landscaping along those lot lines is eliminated. The site plan for this property (Lots 1 and 2)shows a total of 135 parking spaces.Typically,the ordinance would require a total of 100 parking spaces for the uses as proposed.Staff has no problem with the parking plan as proposed. The applicant has requested a waiver of the required right- of-way dedication for Asher Avenue,Elm Street,Lewis Street and West 29 Street.The applicant notes that the right- of-way dedication waiver is needed in order to maintain the necessary area required to make the development of Lot 1 work.Public Works has indicated support of the waiver request for Elm,Lewis and West 29 "Streets.Public Works recommends denial of the requested waiver right-of-way dedication for Asher Avenue.This issue must be discussed and resolved by the full Commission. As noted in paragraph A.of this report,the applicant is requesting C-3 permitted uses as alternate uses for the small commercial building at the southwest corner of the property (as suggested by staff).However,after further review,staff feels that it would be reasonable to allow C-3 permitted uses as alternate uses for all three (3) buildings shown on the site plan. Otherwise,to staff's knowledge,there are no outstanding issues associated with the proposed site plan.Staff is comfortable with the proposed site plan and feels that the development as proposed will be an excellent improvement within the Asher Avenue corridor. H .STAFF RECOMMENDATIONS: Staff recommends approval of the revised PCD subject to thefollowingconditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report.2.Staff recommends C-3 permitted uses as alternate uses for 5 December 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B all three (3)commercial buildings.3.Staff recommends approval of the requested waiver ofright-of-way dedication for Elm,Lewis and West 29Streets. 4.Staff recommends denial of the requested waiver of right- of-way dedication for Asher Avenue.5.A landscape upgrade will need to be provided with thefutureadditiontothelargecommercialbuilding.6.Any additional site lighting should be directed away fromadjacentresidentialproperty.7.A preliminary/final plat must be complete (staff level)prior to a building permit being issued.8.The existing driveway from Elm Street at the northeastcorneroftheproperty(noted by the applicant "to remainclosed")must be closed and replaced with curb andgutter. SUBDIVISION COMMITTEE COMMENT:(OCTOBER 21,1999) Ben Rush and Bill Ruck were present,representing the application.Staff gave a brief description of the revised PCD. The primary topic of discussion was the landscape issues associated with the planned development of the property.Mr. Ruck noted that building and interior landscaped areas would be added to the lot at the corner of Asher Avenue and Elm Street.It was also noted that no landscaping would be required along theinteriorlotlinesifanaccesseasementwasproposedalongtheselines.Staff noted that the upgrade in landscaping for the larger lot (Rush Engine building)could be done,with plans submitted,when the future addition is constructed. The Public Works requirements were briefly discussed.The applicant noted that a waiver of right-of-way dedication for Asher Avenue and West 29 Street would probably be requested. Other Public Works issues (stormwater detention and driveway locations)were briefly discussed. After the discussion,the Committee forwarded the revised PCD to the full Commission for resolution. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) Bill Rush,Bill Ruck and Bob Fresson were present,representing the application.Staff briefly described the proposed revised PCD,with a recommendation of approval with conditions to include a waiver of right-of-way dedication for Elm,Lewis and West 29 6 De~ember 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B Streets.Staff recommended denial of the requested waiver of right-of-way dedication for Asher Avenue.Staff noted that the required notices were mailed two (2)days late. The Commission first discussed waiving the bylaws to accept the notification as completed by the applicant.There was a motion to waive the bylaws and accept the notification two (2)dayslate. Bill Rush stated that he thought the notices were mailed only one day late.Commissioner Lowry stated that there were no grounds for waiving the bylaws. The motion passed by a vote of 7 ayes,2 nays,1 absent and 1 open position. Bill Rush addressed the Commission in support of the application and explained the project and the Asher Avenue area in general. He stated that the proposed development would be an upgrade to the property and be an asset to the general area and provide added security to the area.Mr.Rush discussed the right-of-way dedication issue.He stated that the right-of-way dedication for Asher Avenue would kill the project. Bill Ruck provided additional explanation of the project and the difficulty in developing this site and meeting the typical ordinance requirements.He noted that the site lighting would be directed away from adjacent residential property.He also noted that the existing driveway at the northeast corner of the property would be closed. There was discussion relating to the requested waiver of right- of-way dedication for Asher Avenue.Mr.Ruck also stated that the right-of-way dedication would eliminate parking and kill the project. Mr.Rush explained how the access to the property would work.He noted that there were three (3)access points with cross-access easements.He gave additional explanation of the project and reasons for the right-of-way dedication waiver request. Robert James addressed the Commission.He asked why the church on the west side of Lewis Street was not included in the Asher Avenue corridor meetings.He noted that he is not opposed to the proposed project.He noted concerns with people possibly working on vehicles in the auto parts store parking lot. 7 D~ember 2,1999 ITEM NO.:D (Cont.)FILE NO.:2-4452-B Commissioner Lowry asked the applicant about Mr.James'oncern. Bob Fresson stated that there would be no repair work done on the property.He noted that the employees might help a customer change a battery,but no repair work.He also stated that Advance Auto Parts will not select the site for development if the right-of-way is not waived. There was a general discussion relating to a deferral of right- of-way dedication. Mr.Fresson stated that a deferral would not help the situation. He noted that a deferral would allow the possibility of losing the parking along Asher Avenue in the future. A possible franchise for the parking along Asher Avenue wasbrieflydiscussed. Mr.Fresson stated that permanent use of the parking was needed. There was additional discussion relating to the right-of-way dedication issue.Jim Lawson,Director of Planning and Development,stated that if the right-of-way dedication is not made,the application should be denied. Commissioner Faust concurred with Mr.Lawson and expressed concern with waiving the right-of-way. Commissioner Rahman also expressed concern with waiving the right-of-way and the reasons for the waiver request. Mr.Rush further discussed the waiver of right-of-way issue.He noted that he wished to retain as many of the parking spaces aspossibleonLot2. Commissioner Nunnley asked about possible obstruction of traffic with the proposed landscaping along Asher Avenue.This issue andthetrafficinthisimmediateareawasdiscussed. Commissioner Downing asked about the terms of the proposed leaseoftheproperty.Mr.Fresson noted that it was a 10 year lease with five year options (25 years total). In response to a questions from the Commission,Bob Turner,ofPublicWorks,stated that the City has no immediate plans to make improvements to Asher Avenue. 8 December 2,1999 ITEM NO.:D (Cont.)FILE NO.:Z-4452-B Commissioner Downing asked if the City could commit to a 25 year franchise.Mr.Turner stated that the City could not commit to a 25 year franchise. There was additional discussion regarding the franchise procedure and attaching a time period to a franchise. There was a motion to defer the application to the December 2, 1999 agenda in order to give staff time to work with the applicant regarding the Asher Avenue right-of-way issue.The motion was seconded and discussed.The motion passed by a vote of 6 ayes,3 nays,1 absent and 1 open position. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The staff presented a positive recommendation on this application,and there were no further issues for resolution. There were no objectors to this matter. The staff informed the Commission that the applicant had agreed to dedicate the required right-of-way for Asher Avenue and will obtain a franchise for the proposed improvements within this right-of-way dedication area.Staff informed the Commission that a waiver of street improvements would be supported by Public Works and that the applicant had agreed to repair any damaged curb,gutter or sidewalk along Asher Avenue. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made.The motion passed by a vote of 11 ayes and 0 nays. 9 T4~E7 g-HV5~-5 To:Hugh Earnest,Chairman Planning Commissioners From:Asher Corridor Steering Committee Shawn Spencer,Planning Dept. Date:November 1,1999 Re:Rush Engine Revised PCD Earlier this year the Mayor appointed Philip Tappan,COO of Quality Foods,as chairman of a committee to study the Asher corridor and to create a redevelopment plan for the area.This committee is composed of property owners along Asher,business owners,and representatives from the Sheriff's Department,State Fairgrounds,Forestry Commission and local neighborhood associations. Mr.Rush is a member of this committee and he has notified the committee of his plans to redevelop his property.The Steering Committee was thrilled that a new business was willing to locate on the Asher Corridor.The Asher Corridor Steering Committee feels that Mr.Rush's redevelopment plan could be a catalyst for additional new business development in this general area. The Steering Committee requests that the Planning Commission approve the Revised PCD. RECEIVED NOV 2 1999 BY december 2,1999 ITEM NO.:E FILE NO.:LU99-19-02 Name:Land Use Plan Amendment —Chenal Planning District Location:15500 Chenal Parkway R~eeet:Office to Commercial Source:Dave Parker,Saturn West,LLC PROPOSAL /REQUEST: Land Use Plan amendment in the Chenal Planning District from Office to Commercial.The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services,and general businessactivities.Commercial activities very in type and scale, depending on the trade area they serve. This application to amend the Land Use Plan has been filed concurrently with a PCD for an automobile dealership. Typically,a major Land Use Plan amendment,which this one would be classified as,would be filed on the Planning and Rezoning agenda and would not be heard at the same time as the rezoning. EXISTING LAND USE AND ZONING: The property is currently zoned 0-3 General Office and is approximately 4.3 +acres in size.A mini-storage warehousesitsinaPlannedOfficeDevelopmentnorthwestofthe applicant's property.A vacant tract of land is located in a C-1 Neighborhood Commercial zone north of the applicant's property.A radio station sits in an 0-1 Quiet Office zone northeast of the property in question.The vacant property,east of the applicant'property is in a MF-18 Multi-Family zone.Southeast of the applicant's property are single family dwelling units located in R-2 Single Family zoning. Directly south of the property in question is a vacant Planned Commercial Development.Southwest of the propertyisavacantC-3 General Commercial zone.Highland Valley United Methodist Church is located in an 0-2 Office and Institutional zone with a Conditional Use Permit on the neighboring property to the west. November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 20,1999,a change was made from Office to Commercial with a Planned Zoning District required east of Kirk Road on Chenal Parkway. On December 15,1998,a change was made from Single Family to Public Institutional at 715 Wellington Village Road approximately 1,000 feet northeast of the applicant's property. On December 15,1998,a change was made from Single Family to Public Institutional at ¹1 Covenant Drive 2100 feet to the east of the area under review on the south side of Chenal Parkway. On May 6,1997 changes were made form Single Family,Public Institutional,Multi-Family,Neighborhood Commercial,and Park/Open Space to Single Family,Low Density Residential, Public Institutional,Office,Neighborhood Commercial,and Commercial at various locations west of (and including)the applicants property. The applicant's property is shown as Office on the Future Land Use Plan.The Future Land Use plan shows Neighborhood Commercial and Office north of the property in question. South of the property,Park/Open Space and Commercial are shown on the Future Land Use Plan.Commercial and Park/Open Space are shown east of the site in question.Directly to the west of the applicant's property,Public Institutionalisshown. MASTER STREET PLAN: Chenal Parkway is shown as a Principal Arterial on the Master Street Plan.A Class I Bikeway is proposed along Chenal Parkway from Bowman Road to State Highway 10.Kanis Road is shown as a minor arterial.Wellington Village DriveisshownontheMasterStreetPlan,as a proposed minor arterial and will connect Kanis Road to Rahling Road. PARKS: The median of the Chenal Parkway along Rock Creek is shown as open space on the Master Parks Plan. 2 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property lies in the area covered by the Rock Creek Neighborhood Action Plan.The Office and Commercial Development goal listed three objectives relevanttothiscase.The first objective is promotion of commercial development to meet the needs of neighborhoodresidents.The second objective is maintaining as much as possible the existing topography,trees,and green space. The third objective is enhancing the primarily residential character of the community. ANALYSIS: Much of the property along Chenal Parkway between the Parkway Place subdivision and the proposed intersection of Rahling Road and Kanis Road is shown on the land use plan as Commercial and Mixed Office Commercial.The same area isalsozonedavarietyofC-3,C2,02,03 and PCD'. The most recent change in the area was a change from OfficetoCommercialwithaPlannedZoningDevelopmentrequiredfor a automobile dealership west of the Highland Valley United Methodist Church. This site was the subject of a Land Use Plan Amendment on June 28,1988.This was in conjunction with a rezoning request that was originally scheduled for the December 1,1987 Planning Commission meeting.There were several deferrals initiated both by Staff and by the applicant sothattrafficstudiescouldbemadeconcerningthethenarterial,which is now known,as Wellington Village Drive. Wellington Village Drive is currently shown as a MinorArterialandbuilttothosestandards.At that time, Commercial was shown on both sides of Wellington Village Drive (to the east and the west)with frontage along Chenal Parkway.The applicant at that time was Jim Hathaway.It was his opinion that there needed to be more commercial to the east of the intersection to adequately house a commercial development.A rather lengthy discussion ensued concerning zoning of the site.As a result of that meeting,the zoning was changed to C-2 for 15.4 acres and O- 3 for 3.88 acres.In addition,the Land Use Plan was changed to reflect those changes.Those changes are still 3 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 the configuration that we have today.During those Planning Commission meetings,Mr.Hathaway stated on three occasions that the owners would not recpxest for a zoning change on the area zoned 0-3. Wellington Village Drive is the major entry into a large area of single family homes located to the north and east. An area of Office could provide a better transition from the commercial areas along Chenal Parkway through Office and Suburban Office to the Single Family areas to the north. Although it is recognized that this site is at the intersection of two arterials,Staff feels that the Land Use classification of Office is suitable.There are areas of Commercial on the Land Use Plan that have not been developed.For example,the 15 acres of C-2 to the immediate east is vacant.The area to the west of the Highland Park Methodist Church is largely undeveloped with the exception of the recent PZD of September 21,1999 for an Acura auto dealership. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Gibraltar/Pt.West/Timber Ridge N.A.,Parkway Place Property Owners Association,Spring Valley Manor Property Owners Association,Aberdeen Court Property Owners Association,Bayonne Place Property Owners Association, Carriage Creek Property Owners Association,Cedar Hill Terrace Property Owners Association,Eagle Pointe Property Owners Association,Glen Eagles Property Owners Association, Hillsborough Property Owners Association,Hunters Cove Property Owners Association,Hunters Green Property Owners Association,Johnson Ranch Neighborhood Association,Marlowe Manor Property Owners Association,and St.Charles Property Owners Association. Staff has received no comments from area residents. 4 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate at this time and will result in an over-abundance of land available for commercial land uses at the expense of land available foroffice. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) Commissioner Bob Lowery stated that he would recuse on item 6 and item 6.1. Brian Minyard,of Staff,presented the item to the Commission. Chairman Earnest noted that this was the first time a major Land Use Plan Amendment and Zoning had been filed simultaneously.Commissioner Earnest requested that staff explain this simultaneous filing. Jim Lawson,Planning Director,stated that he explained the process to the applicant and recommended to the applicant that the major Land Use Plan Amendment and Zoning change should not be filed at the same time.The applicant told Mr.Lawson that they wanted to file simultaneous applications in order to save time and money by streaming lining the process.Mr.Lawson recommended to the applicantthatthemajorLandUsePlanAmendmentandZoningchange should be filed according to standard procedure. Mr.Wes Lowder,President of the Mehlburger Fizm,spoke on behalf of the applicant.Mr.Lowder explained the nature of the car dealership proposed by the applicant.A comparisonoftripgenerationwasmadebetweentheproposeddealership and most retail and office establishments.Next,Mr.Lowder described some of the architectural and landscape designfeaturesproposed.Finally,an argument was made that the proposed business was a new addition to the City of Little Rock. Chairman Earnest delayed questions from the Commissioners in order to proceed to the comment cards submitted by the 5 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 audience. Mr.Hathaway spoke in opposition to the application as the managing partner for the Chenal Commercial Partnership.Mr. Hathaway stated that he was not opposed to the proposed car dealershi~,land use change,or zoning change.However,Mr. Hathaway stated his opposition to the process of hearing a Land Use Plan Amendment and Zoning applications at the same meeting.Mr.Hathaway was also concerned about the Land Use and Zoning of property owned by the Chenal Commercial Partnership located north of the applicant.An argument was presented that a Land Use Plan Amendment should examine the land use for a larger area than just one piece of property. Mr.Herrn Northcutt spoke in support of the amendment onbehalfoftheHighlandValleyUnitedMethodistChurch.Mr. Northcutt stated that the church supported the Land Use Plan amendment. Chairman Earnest stated that all the comment cards submitted by the audience had been addressed. Mr.Rick Parker,the applicant,described the proposed dealership and how it would blend in with the environment ofthesurroundingneighborhood.Mr.Parker also mentioned some of the economic contributions the dealership would maketothecity. Commissioner Herb Hawn asked the applicant if there was a compelling reason the Land Use Plan should be changed for the specific piece of property described in the application. Mr.Lowder stated that the decision to submit simultaneous applications for a Land Use Plan amendment and Zoning change was based on the timing involved in an option to purchase the property in question. Commissioner Hawn stated that he was considering how a Land Use Plan amendment would effect the whole area and not thespecificsoftheproposedcardealership. Commissioner Richard Downing stated that neighbors want to know what applicants propose for a piece of property in order to make a decision on whether or not to support an application.Commissioner Downing stated that he often 6 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 received criticism for plan changes and asked why the Commission was examining such a small area for a land use change.Commissioner Downing stated that he would vote against the amendment. Commissioner Bill Rector stated that he wanted to look at Land Use,Zoning,and the specified use on an application because he stated that some applications would not be approved unless based on the specified use. Commissioner Judith Faust stated that Mr.Lowder described a project that was lower in intensity than most commercial projects and added that the performance of a use should be considered in making decisions concerning Land Use and Zoning.Mr.Lawson stated the PZD's examined performance and is similar to what Commissioner Faust described.Mr. Lawson also mentioned that Land Use is changing and that one commercial use was not the same as another commercial use. Commissioner Faust asked why the Commission was hearing a Land Use Plan amendment was being heard on the same agenda as a Zone change.Mr.Lawson stated that the applicant was told that they should not file for a Land Use Plan amendment and Zoning change on the same agenda.The applicant felt that they had good reasons to file for both changes at the same time.Mr.Lawson stated that this was the first time an applicant insisted on filing for both changes at the same time.Mr.Lawson felt that he did not have the authority to prevent the applicant from file for both changes at the same time . Vice Chair,Pam Adcock called on Jimmy Moses to speak before the Commission.Mr.Jimmy Moses spoke on behalf of the owner of the property in question.Mr.Moses stated that the owner would not have proceeded with the application if they were told not to proceed with the application.Mr. Moses stated that the changing nature of Chenal Parkway to a commercial corridor since 1988 served as a compelling reason to support the Land use Plan amendment. Chairman Earnest stated that if the city was going to use performance-based zoning,then performance based zoning should be used.However,Commissioner Earnest stated that the reason the City of Little Rock adopted the Land Use Plan was to be able to predict Future Land Uses in the area. Land Use changes were to be made after a comprehensive 7 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 review of an area.Commissioner Earnest stated that Smart Growth was a process to help the City of Little Rock guide changes in Land Use. Commissioner Downing asked what reasons would be compellingforaLandUsePlanchange.Mr.Moses stated that the PZD process gives the city control over commercial development and stated that the term "commercial"was too broad. Commissioner Mizan Rahman liked the idea of looking at Land Use and Zoning at the same time but did not like the idea of changing the Land Use for such a small area.Commissioner Rahman recommended that staff should look at the Land Usefortheentirearea. Mr.Lawson stated that he recommended that the applicant apply for MOC.Mr.Lawson stated that if the Land Use was changed to MOC,the applicant could then apply for a PUD. Mr.Stephen Giles,of the city attorney's office,stated that the ordinance did not allow Mr.Lawson to refuse an applicant an audience with the Planning Commission. A discussion followed between the Planning Commission andStaffwithStaffexplainingthattheapplicationwasa change from 0 to C. Mr.Lawson stated that a change to MOC would allow a wider range of developments in the area and that different levels of commercial development exist. Commissioner Faust asked if staff knew that the area in question would be the intersection of two arterials when the original Land Use Plan was made.Mr.Lawson stated thatstaffknew. Mr.Hathaway asked if a Land Use Plan amendment would needtobefiledbeforeaPCDcouldbesubmittedinanareashown as MOC.Mr.Lawson stated that a Land Use Plan change would not be needed in order to file for a PCD in an area shown as MOC.Mr.Hathaway stated that his partnership would support a change to MOC but added that he as an applicant never challenged the process of submitting applications for separate agendas for a Land Use Plan amendment or Zone change. 8 November 11,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 Commissioner Hawn suggested that the Commission either defer the amendment to allow staff to study a change to MOC,or hold a vote on the application as filed. Discussion took place between commissioners and staff about the merits of deferring the applications. Mr.Lowder stated that he wanted a vote on the application as filed.Chairman Earnest asked Mr.Lowder why the applicant did not allow enough time for the normal application process involved in changing the Land Use and Zoning.Mr.Lowder stated that it was his understanding that a mechanism existed for simultaneous applications for changes similar to this case.Mr.Lowder though that this was a minor Land Use amendment. Commissioner Hawn made a motion to approve the Land Use amendment and Commissioner Downing seconded the motion. Commissioner Rahman Mizan stated that he did not oppose the car dealership,but that he had problems supporting a Land Use Plan amendment for such a small area. Commissioner Faust asked if staff considered an MOC. Mr.Lawson stated that staff wanted to comply with the Rock Creek Neighbor-hood Action Plan in its recommendations. A motion was made to approve the item as presented and was not approved with a vote of 3 ayes,5 noes,1 absent,1 recuse. STAFF UPDATE: Upon the request of the Planning Commission,Staff is reviewing the application with a change to MOC.Mixed Office Commercial provides for a mixture of office and commercial uses to occur.Acceptable uses are office or mixed office and commercial.A Planned Zoning District is required if the use is mixed office and commercial.Upon this instruction,Staff expanded the application to include the area west of Wellington Village Road which would include the two lots owned by Jim Hathaway.The expanded area is all 9 December 2,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 vacant wooded land and is zoned 0-3,General Office District. As stated before,Wellington Village Drive is the primary entry into a large area of single family homes located to She orth and east which includes Wellington Woods and St. Charles.An area of Mixed Office Commercial could provide a transition from the commercial areas along Chenal Parkway through Neighborhood Commercial and Suburban Office to the Single Family areas to the north. Previously,the definition of Mixed Office Commercial included wholly commercial development.However,concerns arose that MOC was used as Commercial with a PZD required. Since then,the definition has changed to include purelyofficedevelopmentsorcommercialdevelopmentswithsome office areas with a PZD.This assures that there is an office component in the MOC. While staff still supports Office at this location,under certain conditions commercial could be supported in Mixed Office Commercial.Not all commercial developments have the same impacts on a site,i.e.,some are lower traffic generators than others.Each application should be evaluated under it's own merits in regards to the impacts it would have on the surrounding area. STAFF RECOMMENDATIONS: Staff believes that the change to MOC is appropriate at this time. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) Commissioner Bob Lowry was in recuse on this item. Brian Minyard,of Staff,presented the item to the Commission.Mr.Minyard reviewed the definition of Mixed Office Commercial (MOC)and explained that MOC does not support 100%commercial development. Mr.Wes Lowder spoke on behalf of the applicant and mentioned that he was there to answer questions. 10 December 2,1999 ITEM NO.:E (Cont.)FILE NO.:LU99-19-02 Mr.Alan Van Biervliet spoke in opposition to the application on behalf of the homeowners in the area.Mr. Van Biervliet mentioned that the Village of Wellington was a new neighborhood and the residents were not notified of the applicant'recpxest.Due to the age of the neighborhood,a ——neighborhood-association has not yet,developed-.Mr.Van Biervliet stated that residents of the neighborhood signed a petition stating their concerns about the presence of a car dealership in their area.The neighborhood was concerned about increased traffic and test driving of new automobiles. Mr.Lowder summed up the opinions of those in support of the application.He also added that the new intersection at this location is projected to have one of the highesttrafficcountsinthecityinthefuture.Mr.Lowder stated that the proposed car dealership would not generate a large amount of traffic. A motion was made to approve the item as presented and was approved with a vote of 9 ayes,1 noes,0 absent,and 1 recuse. 11 D~ember 2,1999 ITEM NO.:F FILE NO.:Z-4470-B NAME:Chenal Commercial Park (Lot 3R)—Short-Form PD-C and Revised Preliminary Plat ———-iOCATlON:Northwest corner of Chenal Parkway and Wellington Village Road DEVELOPER:ENGINEER: Saturn West LLC.The Mehlburger Firm 1700 N.Shackleford Road 201 S.Izard Street Little Rock,AR 72212 Little Rock,AR 72203 AREA:4.2 acres NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:0-3 ALLOWED USES:Office PROPOSED USE:Auto dealership VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The applicant proposes to revise the previously approved preliminary plat for the Chenal Commercial Park Subdivision by adding approximately 1.74 acres to Lot 3.The applicantalsoproposestorezonetheareaofLot3from0-3 to PD-Ctoallowthedevelopmentofanautodealership.A major Land Use Plan amendment for this property has also beenfiled(Item 6.1 on this agenda). The applicant is proposing two (2)buildings for the site. A 15,000 square foot office/showroom/service building and2,500 square foot auto detail building are proposed.Theapplicanthasnotedthatthebuildingswillnotexceed28feetinheight.The proposed buildings along with areas for customer,service and employee parking and vehicle display and inventory are noted on the attached site plan. D~ember 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B B.EXISTING CONDITIONS: The property is undeveloped and wooded.The property slopes upward slightly from Chenal Parkway and Wellington Village Road.There is a church immediately west of the site,with undeveloped 0-3 and C-2 zoned property to the north andeast,across Wellington Village Road.The One Source Homecenter is located across Chenal Parkway to the south. C.NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as ofthiswriting.The St.Charles and Parkway Place Neighborhood Associations were notified of the publichearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Dedicate additional 10 feet of right-of-way for right turn lane on Wellington Village Road. 2.Provide in-lieu contribution for street improvements and intersection construction as previously agreed.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.Construct right turn lane on Wellington Village Road. 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.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 are required. 9.Driveway shall conform to Sec.31-210 or Ordinance 18,031.Relocate driveway on Wellington Village to meet Ordinance requirements. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer main extension required with easements to serve property. AP&L:No Comment received. 2 D~~er 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B Arkla:No Comment. Southwestern Bell:No Comment received. Water:An acreage charge of $600 per acre applies in addition to normal charges.A 39"raw water main crosses in this area.Plans for development and changes in grade in the area where this main is located must be approved by-the Water Works. Fire Department:Private fire hydrants may be required. Contact Dennis Free at 918-3752 for details. Count Plannin :No Comment. CATA:Site is not currently served by CATA,approved for transit purposes as submitted. F .ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is in the Chenal District.The Land Use Plan currently shows Office for this location.There is pending Land Use Plan Amendment on the property to be heard on this agenda. Cit Reco nized Nei hborhood Action Plan:The Rock Creek Neighborhood Action Plan recommends promotion of commercial and office development that enhances the primarilyresidentialcharacterofthecommunity. Landsca e Issues: A minimum 3 foot wide landscape strip between the public parking areas and building is required. If this property were zoned "C-4"for "outdoor display"no display of vehicles would be allowed within the front 20feetoftheproperty. This property being wooded,the City Beautiful Commission recommends preserving as many of the existing trees asfeasible.Extra credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of 6 inch caliper and larger. 3 De ember 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B G.ANALYSIS: The applicant submitted a revised site plan and preliminary plat to staff on October 27,1999.The revised plan addresses some of the concerns as raised by staff and the Subdhvision Committee.An increased buffer has been shown along the west property line,where the service and inventory parking are adjacent to the R-2 zoned church site. The applicant has also noted that existing trees will be saved along the north and east property lines where grading permits.The revised plan also shows building landscaping as required. The revised plan also relocated the driveway from Wellington Village Road further to the north as required by Public Works.The turn lane on Wellington Village Road has also been provided.Public Works has indicated that the street improvements to Chenal Parkway need to be shown. As for the proposed site design,staff is not agreeable to the building having the service entry doors facing thestreetfrontage(Chenal Parkway),as shown on a south elevation sketch submitted by the applicant.Staff is also not comfortable with there being vehicle display within thefirst20feetofthepropertyalongbothstreetfrontages. Aside from the site design concerns,staff feels that the proposed zoning change in inappropriate.Based on the fact that a major Land Use Plan amendment has been filed for the property,which will not be supported,staff cannot support the proposed PD-C rezoning for an auto dealership. H .STAFF RECOMMENDATIONS: Staff recommends denial of the requested PD-C zoning. SUBDIVISION COMMITTEE COMMENT:(OCTOBER 21,1999) Frank Riggins was present,representing the application.Staff gave a brief description of the PD-C and revised preliminary plat,noting several items which needed to be shown on a revised plat drawing. 4 De~ember 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B The buffer along the west property line was discussed.Mr. Riggins noted that a portion of the church parking lot to the west was on this property. Staff noted that any proposed ground-mounted signage needed to be shown oe the plan.Staff also noted that the service entry should be on the west or north side of the building and not thestreetside.In response to a question from staff,Mr.Rigginsstatedthatareaswhereexistingtreeswouldbesavedwouldbe noted as a revised plan.Bob Brown,Site Plan Review Specialist, noted that some building landscaping was required. The Public Works requirements were briefly discussed,including the right turn lane requirement for Wellington Village Road.Tad Borkowski,of Public Works,noted that a traffic signal contribution would be required for the Wellington Village Road- Chenal Parkway intersection. After the discussion,the Committee forwarded the issue to thefullCommissionforresolution. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) Wes Lowder,Frank Riggins and Rick Parker were present, representing the application.Staff briefly described the proposed project with a recommendation of denial.The Land Use Plan Amendment (Item 6.1)and the proposed PD-C rezoning were discussed simultaneously. Chairman Earnest asked about,the Land Use Plan Amendment and the PD-C being on the same agenda.Jim Lawson,Director of Planning and Development,stated that typically a major land use plan amendment and a rezoning are on separate agendas,but in this case the applicant filed both applications on the same agenda. Wes Lowder addressed the Commission in support of the application.He discussed the proposed project and stated that the developer wished to save as many of the trees on the site as possible.He noted that the hours of operation would be from8:00 a.m.to 7:00 p.m.,Monday through Saturday. Jim Hathaway addressed the Commission.He stated that he did not oppose the proposed development,however,he was opposed to the Land Use Plan Amendment and the PD-C being on the same agenda. He discussed this issue. 5 De.~er 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B Herrn Northcutt,of the Highland Valley Methodist Church, addressed the Commission and noted that the church supports the application. Rick Parker addressed the Commission in support of the -applicatien,and offered additional description of the project. Commissioner Hawn asked the applicant why the Land Use Plan should be changed. Mr.Lowder explained that the two applications were filed simultaneously due to timing and financial reasons and explained. There was additional discussion regarding the policy of hearing a major Land Use Plan Amendment and a rezoning on separate agendas. Commissioner Hawn,Downing,Rector,Faust and Jim Lawson (Planning Director)offered comments during this discussion. Mr.Lawson stated that the staff recommended that the applicantfiletheapplicationsonseparateagendas. Jimmy Moses addressed the Commission and supported the two applications being on the same agenda.He noted that the nature of the Chenal Parkway area has changed over the last several years as reasoning for the Land Use Plan change. Commissioner Earnest and Downing offered comments regarding the Land Use Plan Amendment process. Commissioner Rahman recommended that staff look at an expanded area for the Land Use Plan change. Mr.Lawson stated that staff does not favor changing the Land Use Plan for this property only.An expanded Land Use Plan Amendment was discussed. In response to a question from staff,Mr.Lawson stated that it was known at the time of the original land use plan change that there would be two (2)arterial streets at this intersection. Mr.Hathaway discussed changing the Land Use Plan for Lots 1-3 to MOC as a compromise. Commissioner Hawn stated that he was uncomfortable with changing the Land Use Plan proposal at this meeting.There was additional discussion regarding this issue. 6 D~ember 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B Mr.Lowder stated that the applicant wished to have a vote on the applications. There was a motion to defer the PD-C rezoning to the December 2, 1999 agenda.The Commission also asked staff to consider changing the Land Use Plan to MOC for all three lots on the west side of Wellington Village Road.The motion passed by a vote of 8 ayes,0 nays,1 recused (Lowry),1 absent,1 open position. PLANNING COMMISSION ACTION:(DECEMBER 2 ~19 9 9 ) Wes Lowder and Rick Parker were present,representing the application.Staff gave a brief description of the proposed PD-C rezoning and site plan with a recommendation of denial,based on the fact that staff felt that the PD-C for an auto dealership did not meet the purpose and intent of the MOC land use plan designation. West Lowder addressed the Commission in support of the rezoning. He gave reasons why this proposed rezoning would be appropriate. He noted that there would be no large cuts or fills with this proposed development.He noted that the vehicular display within the first 20 feet of the property on the street sides would be eliminated.He noted that the service entry doors would be relocated to a building side other than the Chenal Parkway side. Commissioner Rector asked if the proposed hours of operation, service door locations and other conditions could be made part of the application and would they be enforceable. Jim Lawson,Director of Planning and Development,noted that they could be made part of the application and that they would be enforceable. Commissioner Nunnley asked the applicant if a deferral would be acceptable to allow time for the applicant to meet with the neighborhood. Mr.Lowder responded that a deferral would not be acceptable. Allen Van Biersly addressed the Commission with concerns about the project.He noted that his main concern was related to 7 D~amber 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B traffic and test drives through the Wellington Village neighborhood.He stated that he would be willing to work with the applicant to address the neighborhood concerns. Mr.Lawson stated that prohibiting test drives through the neighborhood could be a condition of approval.There was a brief discussion relating to the enforcement of this condition. Rick Parker addressed the Commission in support of the application.He discussed the proposed operation (Saturn dealership).He stated that the proposed dealership had no auto body shop.He also briefly discussed building design,comparing this proposed building to the design of the Parker Auto Body Shop building located near Rainwood Drive.He also noted that the adjacent church supported this application. Mr.Parker noted that this auto dealership would have approximately 25 employees and that the business would generate approximately 70-100 vehicles per day.He stated that he would commit to not test driving vehicles through the Wellington Village neighborhood. Mr.Lawson explained the MOC land use plan designation definition and intent as reasons for the staff's recommendation of denial. The possible impact of this proposed use was briefly discussed. Commissioner Rahman briefly discussed the MOC land use plan designation with respect to this proposed rezoning.He noted that the proposed auto dealership would have an office component. A motion was made to approve the PD-C rezoning subject to the conditions offered by the applicant to include: 1.No vehicular display within the first 20 feet of the property on the street sides. 2.The service entry doors to be located on a side of the building other than the Chenal Parkway side. 3.No test drives through the Wellington Village neighborhood. 4.No body shop 5.Proposed hours of operation:8:00 a.m.to 7:00 p.m., Monday —Saturday (No Sunday hours). There was a general discussion regarding the conditions of the motion and the MOC land use plan designation. 8 D~.ember 2,1999 ITEM NO.:F (Cont.)FILE NO.:Z-4470-B Mr.Lawson stated that the PD-C as proposed with the conditions could be for this particular auto dealership. Stephen Giles,City Attorney,noted that the zoning run with the land,and that the title would not be restricted.He stated that ————-%he —property-coul+-be sold to another business which could operate under the same conditions placed on this applicant. There was additional discussion relating to the City's Land Use Plan and procedures. Commissioner Downing noted that lots 1 and 2 of this subdivision, which the Commission recommended to change to MOC,should be used for office.There was brief additional discussion. The Chairman called for a vote on the previous motion.The motion passed with a vote of 9 ayes,1 nay and 1 recused (Lowry). 9 december 2,1999 ITEM NO.:G FILE NO.:LU99-08-09 Name:Land Use Plan Amendment —Central City Planning District Location:2311 S.Spring St. R~e est:Single Family to Mixed Use Source:Brenda Beard PROPOSAL /REQUE ST: Land Use Plan amendment in the Central City PlanningDistrictfromSingleFamilytoMixedUse.The Mixed Use category provides for a mixture of residential,office and commercial uses to occur.A Planned Zoning District is recpxired if the use is entirely office or commercial or if the use is a mixture of the three.The applicant wishes to operate a beauty shop and maintain a residence on the property. EXISTING LAND USE AND ZONING: The property is currently zoned R-4 Two Family District andisapproximately.17 +acres in size.A vacant lot is located north of the applicant's property zoned R-4.A mixture of houses and vacant lots lie east of the applicant's property is in an R-4 zone.South of the applicant's property are houses located in R-4 zoning.To the west of the applicant's property is the 23 and SpringStreetSubstationzonedR-5 Urban Residence District.A C- 3 General Commercial district is located southwest of the applicant's property at 24 and Spring Street and is thesiteoftheBigAppleEventCenter. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On April 20,1999,a change was made from Multi-Family to Low Density Residential between 13 and 15 Streets and State and Broadway Streets eight blocks north of the applicant's property on Broadway Street. On April 20,1999,a change was made from Single Family to Commercial between 17 and 19 Streets,east of Scott. Street and northeast of the applicants property. On April 20,1999 a change was made from Low Density December 2,1999 ITEM NO.:G (Cont.)FILE NO.:LU99-08-09 Residential to Mixed Use between 15 and 16 Streets and Main and Cumberland Streets eight blocks north and three blocks east of the applicant's property. On August 18,1998 a change was made from Single Family to Mixed Use on the west side of Commerce in the 1900 block and on the east and west,sides of Commerce Street in the 2000 block located northeast of the applicant's property. On May 21,1996,a change was made from Single Family to Mixed Use in an area west of Bragg Street from 23'o 24 " Streets located nine blocks east of the applicant's property. On February 20,1996,a change was made from Single Family to Public Institutional in an area between Marshall and Battery from 13 to 14 Street located northwest of the applicant's property. The applicant's property is shown on the Land Use Plan as Single Family.The property immediately to the north,east, and south of the applicant's property is shown as Single Family.The property directly to the west is shown as Public Institutional and the block to the southwest is shown as Commercial. MASTER STREET PLAN: Spring Street is shown on the Master Street Plan as a local street and is built to that standard. PARKS: Pettaway Park is located seven blocks to the east of the applicant's property on 22"Street and is shown as a Neighborhood Park. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant'property is inside the area covered by the neighborhood action plan titled "Downtown Neighborhoods: Plan for the Future."The neighborhood action plan listed two relevant goals'he first goal consists of rehabilitation of decayed residential and commercial structures,and elimination of overgrown vacant lots.The second consists of job promotion and training for unemployed and poor residents.The neighborhood action plan also listed the action statement of encouraging mixed-use activity in small commercial structures in residential 2 December 2,1999 ITEM NO.:G (Cont.)FILE NO.:LU99-08-09 blocks.However,the same action statement added that restrictions designed to limit traffic and noise in residential areas should not be lifted. ANALYSIS: This site is in an older residential neighborhood in the central portion of the city.Along Broadway and Main Streets,both arterials,lay areas of Mixed Use,Commercial and Office areas as shown on the Land Use Plan.In this three block section between the two arterials is where this application lies.The Capitol Zoning District boundary extends southward to 23 Street,one half-block north of this application.This area was hit by the 1999 tornado and has numerous projects still under construction to repair damage from the storm.The remainder to the south is a very fragile area that is single family houses with several vacant lots. Spring Street was not designed to accommodate the traffic demands of a commercial structure. This application would create an island of Mixed Use in an area of Single Family.There are existing areas of Commercial and Mixed Use that are available for development into non-residential uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Community Outreach Neighborhood Organization, Capitol Hill Neighborhood Association,Central High Neighborhood Association,East of Broadway Neighborhood Association,Meadowbrook Neighborhood Association,South End Neighborhood Association,South End Neighborhood Developers, South Little Rock Community Development Association,and the Wright Avenue Neighborhood Association. Staff has received no comments from area residents concerning the land use plan amendment. 3 December 2,1999 ITEM NO.:G (Cont.)FILE NO.:LU99-08-09 STAFF RECOMMENDATIONS: Staff believes the change is not appropriate due to traffic concerns and intrusion into the existing neighborhood. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) This item was placed on the consent agenda for deferral. The notices for the zoning action were mailed seven dayslate.In an effort to keep the Land Use Plan and zoning action together,both items were deferred to the December 2, 1999 meeting.The consent agenda was approved with a vote of 9 ayes,0 noes and 2 absent. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) Brian Minyard,of Staff,presented the item to the Commission. Commissioner Herb Hawn asked if this area was included in the proposal for Urban Use (UU)zoning. Mr.Walter Malone,of Staff,stated that the applicant' property did not lie in an area covered by the proposed Urban Use zoning.The applicant'property lies in an area south of the Capital Zoning District. Commissioner Rohn Muse asked Mr.Minyard the difference between a residential street and a collector street.Mr. Minyard stated that residential streets are designed as the lowest capacity streets and that residential streets feed into collector streets.A discussion to place between the commission,planning Staff and Bob Turner,Public Works,in which the differences between residential,collector,and commercial streets were described. Commissioner Craig Berry asked if there was a letter from the Downtown Neighborhoods Association in support of the application.Mr.Minyard stated that the letter of support was located in item H. Chair Hugh Earnest mentioned the issue of approving applications to improve areas of the city but stated that 4 December 2,1999 ITEM NO.:G (Cont.)FILE NO.:LU99-08-09 for now the discussion should focus on the merits of the current application concerning issues of land use. Mr.J.C.Beard,the applicant,mentioned the deferral of this item due to the failure of the applicant to notify the neighboring property owners.The applicant stated that since the deferral the neighboring property owners were contacted regarding this issue. Chair Earnest reminded the commission,staff,and audience that the issue before the Commission was land use and not zoning. Commissioner Mizan Rahman wanted to now why staff opposed a change to Mixed Use at this location.Mr.Malone explained that the Downtown Neighborhoods planned called for the increase of residential uses in the area.A change to Mixed Use for an area,which is already residential with residential structures indicates a desire to change the use from residential to non-residential would not guarantee development residential uses in the area. Commissioner Obray Nunnley mentioned that the Downtown Neighborhoods Association supported the proposed change based on the belief that this area will not be revitalized as a residential area. Commissioner Berry stated his support for the land use plan change. A motion was made to approve the item as presented and was approved with a vote of 11 ayes,0 noes and 0 absent. 5 D~ember 2,1999 ITEM NO.:H FILE NO.:Z-6765 NAME:Beard —Short-Form PCD LOCATION:2311 Spring Street DEVELOPER:ENGINEER: J.C.and Brinda Beard Marlar Engineering Co.,Inc. P.O.Box 165055 5318 J.F.K.Blvd. Little Rock,AR 72206 No.Little Rock,AR 72116 AREA:0.172 acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-4 ALLOWED USES:Single Family and Two Family Residential PROPOSED USE:Beauty Salon and Single Family Residential VARIANCES/WAIVERS REQUESTED:None requested. A.PROPOSAL/REQUEST: The applicant proposes to rezone the property at 2311 SpringStreetfromR-4 to PCD to allow for conversion of the 1,185squarefootsinglefamilyresidencestoabeautysalon.Anexisting378squarefootaccessorydwellingonthesitewillcontinuetobeusedasasinglefamilyresidence.TheapplicanthasalsofiledaminorLandUsePlanamendment forthisproperty(Item 14.1 on this agenda). The proposed beauty salon will have two (2)operators.The proposed hours of operation are as follows: 8:00 a.m.—8:00 p.m.,Tuesday —Friday6:00 a.m.—1:00 p.m.,Saturday B.EXISTING CONDITIONS: There is an existing one-story frame (1,185 square feet)single family residence on the property as well as a 378 L 'ember 2,1999 ITEM NO.:H (Cont.)FILE NO.:Z-6765 square foot,one-story frame accessory dwelling.The larger dwelling is located within the west one-half of the property with the accessory dwelling in the rear yard.There is also a metal carport canopy near the northeast corner of the property. There are existing single-family residences to the north, south and east,with an APEL substation to the west across Spring Street.There is a large commercial building to the southwest and other commercial uses one block further west along Broadway. C.NEIGHBORHOOD COMMENTS: As of this writing,staff has received one (1)letter supporting the proposed rezoning.The Downtown, Meadowbrook,East of Broadway and South Little Rock Community Development Neighborhood Associations were notified of the public hearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Spring Street is listed on the Master Street Plan as a collector street.Dedicate right-of-way to 30 feet from centerline. 2.Dedication of right-of-way is required to 10 feet from centerline of alley. 3.Show parking and construct sidewalk with proposed development. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Sewer available,not adversely affected. AP&L:No Comment received. Arkla:No Comment. Southwestern Bell:No Comment. Water:No Comment. Fire Department:No Comment. Count Plannin :No Comment. CATA:Site is served by CATA Route ¹11;approved as submitted for transit purposes. 2 L 'ember 2,1999 ITEM NO.:H (Cont.)FILE NO.:Z-6765 F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request is in the Central City Planning District.The -Land.-Use Plan currently shows Single Family for this location.There is pending Land Use Plan Amendment on this agenda for this property. Cit Reco nized Nei hborhood Action Plan:The Downtown Neighborhoods Plan for the Future encourages mixed uses in small commercial structures but also recommends maintaining restrictions to protect homeowners from increased traffic and noise. Landsca e Issues: A 6 foot high opaque screen is required along the southern, northern and western perimeters of the property.This screen may be a wooden fence with its face side directed outward or dense evergreen plantings. G.ANALYSIS: The applicant submitted a revised site plan and additional information to staff on October 28,1999.The revised plan shows a proposed parking plan for the property,as noted on the attached site plan.The applicant proposes to use the existing carport canopy as one space,with two spaces (one behind the other)along the north side of the structure on the existing concrete drive.A fourth space is proposed in the grass covered area along the south side of the existing concrete drive.The applicant has noted that there is also on-street parking in the area that could also be utilized. The parking plan as proposed would not conform to typical ordinance standards,with respect to space size,maneuvering area,pavement,etc.The ordinance would typically required six (6)spaces for the proposed uses,five (5)for the beauty salon and one (1)for the accessory dwelling. Aside from the parking issue,staff cannot support the proposed use of the property.Based on the fact that the proposed use is not consistent with the current Land Use Plan nor the recently adopted Downtown Neighborhood Plan, staff feels that the proposed commercial use will not be compatible with the surrounding single family uses. 3 D&~~er 2,1999 ITEM NO.:H (Cont.)FILE NO.:Z-6765 H .STAFF RECOMMENDATIONS: Staff recommends denial of the proposed PCD rezoning. —SUBDIVIS EON COMMITTEE COMMENT:(OCTOBER 21,1999) The applicant was not present.Staff gave a brief description of the proposed PCD.Staff noted that additional information was needed from the applicant regarding the proposed commercial operation.Staff also noted that a parking plan was needed for the property. After the brief discussion,the Committee forwarded the PCD to the full Commission for resolution.Staff noted that the applicant would be contacted and the additional information would be obtained. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) Staff informed the Commission that the applicant was seven (7) days late in sending the required notification to surrounding property owners.The Commission determined that the item needed to be deferred. J.C.and Brinda Beard were present,representing the application.There was a brief discussion relating to the required notification and the deferral of this item. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 2,1999 agenda.A motion to that effect was made.The motion passed by a vote of 9 ayes,0 nays,1 absent and 1 open position. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) J.C.and Brinda Beard were present,representing the application.A procedural motion was made to waive the staff presentation on this application.The motion was seconded and passed. Commissioner Nunnley asked staff about the parking issues associated with this site plan. 4 DOVf NTOWN NEIGHBORHOOD ASSOCIATION BOx '1 64485,LITTLE ROCK,AR 722 't 6 (PRESIDENT KATHY WELLS,'I 998-99 PHONE 501-374-7269,FAX 50't-3746946 FDUNDED 1984 &REA:ARKANsAs RIYER,KING DR.,RoosEvELT RD.,INTERsTATE 30) 74~H 2-&7~5 October 1,1999 Dana Carney Little Rock Planning Department 723 W.Markham St. Little Rock,AR 72201 Dear Mr.Carney, The Downtown Neighborhood Association supports the rezoning proposed for 2311 S.Spring St,so that this residence may become a beauty shop operated by Brenda Beard.The house sits across the street from the back of a shopping center and an electric substation,and that makes it less successful as a home, we are convinced. We do,however,support the views of the immediate neighbors on that block,and if they oppose the application,then we join them.Absent such objection,our Association does encourage re-use of this long-vacant structure -and the vacant lot next door. Yours Truly, Kathy Wells,President copy to Brenda Beard,applicant RECEIVED OCT 04 1999 BY: December 2,1999 ITEM NO.:I FILE NO.:Z-6767 NAME:The Toddy Shop —Short-Form PD-C LOCATION:14001 Cantrell Road DEVELOPER:ENGINEER: A.J.Gornatti McGetrick and McGetrick 14001 Cantrell Road 319 E.Markham St.,Ste.202 Little Rock,AR 72212 Little Rock,AR 72201 AREA:Approx.0.38 acre NUMBER OF LOTS:1 FT.NEW STREET:0 ZONING:R-2/Nonconforming ALLOWED USES:General Commercial C-3 PROPOSED USE:Addition to existing liquor store building VARIANCES/WAIVERS REQUESTED:None requested. BACKGROUND: The property at 14001 Cantrell Road is zoned R-2 with a nonconforming C-3 status.The existing building on the site is a two-story,2,485 square foot brick building that has a retail liquor store on the lower level (1,242.5 square feet)and office and storage space for the liquor store business on the upper level (1,242.5 square feet).There are seven paved parking spaces for customers on the north side of the building with a gravel parking area in the rear for employees.The building has a drive-thru window on the west side with a paved access drive. A.PROPOSAL/REQUEST: The applicant proposes to rezone the property from R-2 to PD-C in order to expand the nonconforming commercial building.The applicant proposes to construct a 12.8 foot by 29 foot addition (single story)on the east side of thebuilding.The expansion will accommodate additional cooler D~.ember 2,1999 ITEM NO.:I (Cont.)FILE NO.:Z-6767 space required by the business.The exterior walls will be constructed of four inch thick galvanized steel panels which will be painted white. the applicant has noted that the existing hours of operation are from 10:00 a.m.to 10:00 p.m.,Monday-Thursday and 10:00 a.m.to 11:00 p.m.,Friday and Saturday. B.EXISTING CONDITIONS: There is an existing two-story commercial building on thesitewithpavedparkinginthefront,a paved drive-thru area and a gravel parking area in the rear.There is undeveloped 0-3 and C-3 zoned property to the north across Cantrell Road,with the Kroger store commercial developmenttothenorthwest.There is a carwash immediately west ofthissite,with a miniwarehouse and commercial developmentfurtherwest.There is a landscape business located across Black Road to the east,with single family residences further east along the south side of Cantrell Road.ThereisonesinglefamilyresidenceimmediatelysouthofthissiteinadditiontoundevelopedR-2 zoned property. C.NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as ofthiswriting.The Parkway Community Improvement,SecludedHillsandWestburyNeighborhoodAssociationswerenotifiedofthepublichearing. D.ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Cantrell Road is listed on the Master Street Plan as a principal arterial;dedication of right-of-way to 55 feet from centerline will be required. 2.Black Road is a commercial street.Dedicate right-of-way to 30 feet from centerline. 3.A 20 foot radial dedication of right-of-way is required at the corner of Cantrell and Black Roads. 4.Provide design of streets conforming to "MSP"(Master Street Plan).Construct one-half street improvements to these streets including 5-foot sidewalks with planned development. 5.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. 2 December 2,1999 ITEM NO.:I (Cont.)FILE NO.:Z-6767 8.Revise driveway location to allow access from Black Road only. 9.Show driveway location on site plan. E .UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater:Location of sewer service for this property unknown.Contact Little Rock Wastewater Utility fordetails. AP&L:No Comment received. Arkla:No Comment. Southwestern Bell:No Comment received. Water:No Comment. Fire Department:Fire hydrant may be required.Contact Dennis Free at 918-3752 for details. Count Plannin :No Comment. CATA:Site is not currently served by CATA;approved. F.ISSUES/TECHNICAL/DESIGN: Plannin Division: This request,is in the River Mountain Planning District. The Land Use Plan currently shows Commercial for this location.The existing use of a liquor store is consistent with the current land use category. Cit Reco nized Nei hborhood Action Plan:The River Mountain Neighborhood Action Plan did not list goals or objectives pertaining to this action. Landsca e Issues: A small landscape upgrade toward compliance with the Landscape Ordinance equal to the 15%building expansion proposed is required. G.ANALYSIS: The applicant submitted a letter to staff with additional information as requested.The applicant has noted that the required right-of-way for both streets will be dedicated, including the 20 foot corner radial dedication.The applicant also notes that a 15 percent in-lieu contribution will be made for the required street improvements. 3 D~.ember 2,1999 ITEM NO.:I (Cont.)FILE NO.:Z-6767 The applicant proposes to utilize the two (2)existing driveways (one from Cantrell Road and one from Black Road) for access.The two drives have existed and served the property for several years.Based on the small scale of the proposed building expansion,Public Works supports using the existing driveways and making the 15 percent in-lieu contribution for future street improvements. There should be no outstanding issues associated with this application.The proposed building addition should have no adverse impact on the surrounding properties. H .STAFF RECOMMENDATIONS: Staff recommends approval of the PD-C zoning subject to the following conditions: 1.Compliance with the requirements as noted in paragraphs D,E and F of this report.2.Staff supports utilizing the existing driveways foraccess.3.Staff supports a 15 percent in-lieu contribution forfuturestreetimprovements. SUBDIVISION COMMITTEE COMMENT:(OCTOBER 21,1999) Pat McGetrick was present,representing the application.Staff briefly described the PD-C. The Public Works requirements were briefly discussed.A waiver or 15 percent in-lieu contribution for the required street improvements was discussed.The requirement for a revised driveway location to allow access from Black Road only was also discussed. After the brief discussion,the Committee forwarded the PD-C to the full Commission for resolution. PLANNING COMMISSION ACTION:(NOVEMBER 11,1999) Staff informed the Commission that the applicant submitted alettertostaffonNovember2,1999 requesting that the item be deferred to the December 2,1999 agenda.The applicant failed to send the required notification.Staff supported the deferral request. 4 D~~ember 2,1999 ITEM NO.:I (Cont.)FILE NO.:Z-6767 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 2,1999 agenda.A notice to that effect was made.The motion passed by a vote of 9 ayes,0 nays,1 absent and 1 open position. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The staff presented a positive recommendation on this application,and there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made.The motion passed by a vote of 11 ayes and 0 nays. 5 December 2,1999 SUBDIVISION ITEM NO.:J FILE NO.:G-23-298 Name:Alley between West 7 and 8 Streets in Block 72, Original City of Little Rock right-of-way Abandonment. Location:Approximately 280 feet of Alley north of West 8 " Street. Owner/A licant:Dickson Flake Agent Receues t:To abandon the 20 feet wide by 280 feet long alley right-of-way in Block 72 Original City of Little Rock. STAFF REVIEW: 1.Public Need for this alle Alley is currently constructed as a public alley with narrow pavement providing access to adjacent property. 2.Master Street Plan Master Street Plan reflects no need for this section of the alley. 3.Need for Ri ht-of-Wa on Ad'acent Streets Master Street Plan calls for additional 5 feet of right-of-way on Main.There is sufficient right-of-way for Louisiana,West 7 "and 8 Streets.There is also need for 20 feet radial dedication of right-of-way at all corners.Staff will support waiver of additional right-of-way on Main Street. 4.Develo ment Potential The George W.Donaghey Foundation plans to incorporate alley in expansion project. 1 December 2,1999 SUBDIVISION ITEM NO.:J FILE NO.:G-23-298 5.Nei hborhood Land Use and Effect The general area is made up of a mixture of commercial and office uses. 6.Nei hborhood Position All abutting property owners and tenants were notified of the public hearing. 7.Effect on Public Services or Utilities Entergy —has no objection to the abandonment but requested easement to access existing lines. AM(LA —has no objection to the abandonment. Southwestern Bell —has no objection to the abandonment but requested easement to access existing line. Water Works —has no objection. Wastewater Utility —has no objection but retain as an easement. Fire Department —has no objection. Neighborhood and Planning —has no objection to abandonment. 8.Reversionar Ri hts No Reversionary rights —Original City of Little Rock. Deed will be executed by Mayor and City Clerk. 9.Public Welfare and Safet Issues Abandoning this alley will have no adverse effects on the public welfare and safety. 2 December 2,1999 SUBDIVISION ITEM NO.:J FILE NO.:G-23-298 STAFF RECOMMENDATION: Staff recommends approval of alley abandonment,north of 8StreetinBlock72OriginalCityofLittleRocksubjectto: 20 feet radial dedication of right-of-way on all cornerspriortoBoardofDirectorshearing. SUBDIVISION COMMITTEE COMMENTS:(October 21,1999) The application was discussed briefly.Committee forwarded the item to the full Commission for final approval. PLANNING COMMISSION ACTION:(November 11,1999) Staff informed the Commission that Fire Department requesting additional time to meet with applicant.Applicant agreed to defer this item until December 2,1999 Planning Commission Meeting. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 2,1999 agenda.A motion passed by a vote of 9 ayes and 0 nays. PLANNING COMMISSION ACTION:(December 2,1999) The Public Works Staff reported there were no continuing issues on this project.All of the matters raised by Fire Department have been resolved. After a brief discussion,the Commission determined it appropriate to place this item on the Consent Agenda for approval.A motion to approve the Consent Agenda passed by a vote of 11 ayes,Onayes. 3 december 2,1999 ITEM NO.:1 FILE NO.:Z-5057-A Owner:Olivia Porter Applicant:Rolanda Porter Location:4721 Confederate Blvd. Request:Rezone from C-3 to R-2 Purpose:To continue to use the existing residence and to add a multisectional manufactured home as an accessory dwelling Size:1.34+acres Existing Use:Single Family;one site built home and one recently added multisectional manufactured home (accessory dwelling) SURROUNDING LAND USE AND ZONING North —Undeveloped;zoned R-2 South —Single Family and Nonconforming barbershop; zoned R-2 East —Single Family;zoned R-2 West —Single Family;zoned R-2 PUBLIC WORKS COMMENTS No Comment. PUBLIC TRANSPORTATION ELEMENT A CATA bus route is located at,Springer Blvd.and Gilliam Park Road,two blocks west of this site. PUBLIC NOTIFICATION All owners of property located within 200 feet of the site,all residents within 300 feet and the Granite Mountain Neighborhood Association were notified of the rezoning request. december 2,1999 ITEM NO.:1 (Cont.)FILE NO.:Z-5057-A LAND USE PLAN ELEMENT The site is located in the College Station/Sweet Home Planning District.The adopted Plan currently recommends Minin~(M)for the majority of the site and Park/Open Space (PK/OS)for that portion of the site nearest the street. Insomuch as the property is reverting to single family, which it has always been used for and which is compatible with uses and zoning in the area,staff feels that no change to the Plan is warranted.A thorough review of the area's land use plan through a neighborhood action plan is anticipated in the not-too-distant future. STAFF ANALYSIS The request before the Commission is to rezone this 1.34+ acre tract from "C-3"General Commercial to "R-2"Single Family.The property is occupied by an older one story, frame,single family residence and a new,multisectional manufactured home which has recently been placed on the property.A conditional use permit application has been filed in conjunction with this rezoning request to allow the manufactured home to serve as an accessory dwelling (Z-5057-A,item no.1.1 on this agenda). On October 18,1988,the property was rezoned from R-2 to C-3 on behalf of a previous owner to allow for construction of a used furniture store on the rear portion of the site. That development never occurred and the property has continued to be used only as a single family residence. The property is located near the city limits in the extreme southeast part of the City.The predominant land use in the area is single family homes on R-2 zoned lots.The properties adjacent to the east,west and across Confederate Blvd.to the south are occupied by single family homes.A nonconforming barber shop is located on R-2 zoned property to the southwest.Two small nonresidential uses are located on I-2 and C-3 zoned properties southeast of the site.A large area of mining property is located farther to the east.Staff believes the requested R-2 zoning is compatible with uses and zoning in the area and is appropriate for the continued residential use of this property. 2 december 2,1999 ITEM NO.:1 (Cont.)FILE NO.:Z-5057-A The College Station/Sweet Home District Land Use Plan does not currently recognize this residential use.The Plan proposes mining for a large area north and east and Park/Open Space along Confederate and as a buffer to the residential neighborhood farther to the west.Since the property is being rezoned to its former residential designation to accommodate its existing and continued residential use,staff believes no plan change is needed at this time. STAFF RECOMMENDATION Staff recommends approval of the requested R-2 zoning. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The applicant was not present.There were no objectors present.Staff informed the Commission that the applicant had failed to complete the proper notification and the item needed to be deferred. The item was placed on the Consent Agenda and deferred to the January 6,2000 meeting.The vote was 11 ayes,0 noes and 0 absent. 3 december 2,1999 ITEM NO.:1.1 FILE NO.:2-5057-B NAME:Porter Accessory Dwelling —Conditional Use Permit LOCATION:4721 Confederate Boulevard OWNER/APPLICANT:Olivia Porter/Gerald Porter PROPOSAL:To obtain a conditional use permit to place a two-section manufactured home as an accessory dwelling on this property currently zoned C-3 at 4721 Confederate Boulevard.There is an accompanying item on this agenda to rezone the property from C-3 to R-2. ORDINANCE DES IGN STANDARDS: 1.SITE LOCATION: This site is on the north side of Confederate Boulevard,approximately 0.2 mile east of the Granite Mountain Community Center. 2.COMPATIBILITY WITH NEGHBORHOOD: This site is located in an area which is primarily residential,but this property is zoned C-3,General Commercial.There is an accompanying item on this agenda to rezone the property to R-2,Single Family Residential.It is surrounded by R-2 zoning.There is a small area of I-2 and C-3 zoning a short distance to the east and across Confederate Blvd.There is also a small area of R-4 zoning,Two Family Residential, directly to the south,but set off of Confederate about 150 feet.There is a single family house on both sides of,as well as on,this site.A barber/beauty center exists to the southwest.A few other single family houses exist along the south side of Confederate including directly across the street to the south. Staff believes the proposed use should be compatible with the neighborhood. The Granite Mountain Neighborhood Association was notified of the Public Hearing. december 2,1999 ITEM NO.:1.1 (Cont.)FILE NO.:Z-5057-B 3.ON SITE DRIVES AND PARKING: This property contains a gravel circle drive serving the existing house.The proposal includes constructing a ~ravel drive from the west side of the existing drive,along the west side of the existing house,to serve the proposed accessory dwelling in the rear.This would adequately serve as access and parking. 4.SCREENING AND BUFFERS: No comment. 5 .PUBLIC WORKS COMMENTS: The driveways must meet residential ordinance standards and one be added to serve the accessory dwelling. Current access to the street can be left as it is,but no additional access directly to Confederate should be added.The driveway for the accessory dwelling should branch off of the existing driveway as shown on the proposed site plan. 6.UTILITY AND FIRE DEPT.COMMENTS: Water:Approved as submitted. Wastewater:Sewer available,not adversely affected by the project. Southwestern Bell-:Approved as submitted. AEKLA:Approved as submitted. Entergy:Approved as submitted. Fire Department:Approved as submitted. CATA:No comments requested. 7.STAFF ANALYSIS: The applicant has requested a conditional use permit toinstallanew1,904 square foot two-section manufactured home as an accessory dwelling behind an existing 1,974 square foot single family house.The 2 december 2,1999 ITEM NO.:1.1 (Cont.)FILE NO.:Z-5057-B property is currently zoned C-3 which would not allow Single Family residential use,but there is an accompanying item on this agenda requesting rezoning to R-2,Single Family Residential.The owner of this property also owns the lot immediately to the west which contains her residence. The accessory dwelling is already in place,but does not meet the City's standards for anchoring and setup. Those discrepancies will have to be corrected.The setback on the west side is only 1.8 feet compared to the ordinance requirement of 3 feet.That side of thesiteabutsthelotwheretheownerofbothlotslives. A variance for reduced setback would be required.The proposal meets all other setback requirements. The proposed site is 1.35 acres,and is 500 feet deep and 118 feet wide.Therefore,there is plenty of room for two dwellings.The owner of this property wants to have her children and their families live in both the house and the accessory dwelling.The 1,904 square feet size of the accessory dwelling exceeds the ordinance maximum of 700 square feet,so that size would also require a variance. The area surrounding the proposed site consists of a variety of lot sizes and a mixture of zoning and uses. Several of the lots are vacant,but most of the occupied lots contain single family homes or duplexes, with some commercial uses on the south side of Confederate Boulevard across the street and to theeast.Staff believes this is a reasonable addition to this property and would be compatible with the neighborhood. 8 .STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a.Comply with Public Works Comments. b.The manufactured home must be set up and anchored in compliance with City standards including the following: 1)A pitched roof of three (3)in twelve (12)or fourteen (14)degrees or greater. 3 december 2,1999 ITEM NO.:1.1 (Cont.)FILE NO.:Z-5057-B 2)Removal of all transport elements. 3)Permanent foundation. 4)Exterior wall finished so as to be compatible with the neighborhood. 5)Orientation compatible with placement of adjacent structures. 6)Underpinning with permanent materials. 7)All homes shall be multisectional. 8)Off-street parking per single-family dwelling standard. Staff also recommends approval of the reduced setback variance of 1.8 feet on the west side,and a variance allowing the larger square footage of 1,904 square feet. SUBDIVISION COMMITTEE COMMENTS:(OCTOBER 21,1999) Gerald Porter was present representing the application. Staff gave a brief description of the proposal. Staff briefly reviewed with the applicant the general requirements for setting up a manufactured home by City standards and stated that more specifics would be provided after someone from the City's building codes department made an on site inspection.Staff also commented about the west setback and overall size variances that would be required with this proposal. There being no further issues,the Committee accepted the proposal and forwarded the item to the full Commission for final action. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The applicant was not present.There were no objectors present.Staff informed the Commission that the applicant had failed to complete the required notices for the accompanying rezoning application (item 1,2-5057-A)and the items should be deferred to the January 6,2000 meeting. The item was placed on the Consent Agenda and deferred to the January 6,2000 meeting.The vote was 11 ayes,0 noes and 0 absent. 4 december 2,1999 ITEM NO.:2 FILE NO.:LU99-16-04 Name:Land Use Plan Amendment —Otter Creek Planning District Location:9222 Stagecoach Rd. RecCuest:Mixed Use &Single Family tn Multi-Family Source:Rollin Caristianos;Rector,Philips,Morse,Inc. PROPOSAL /REQUEST: Land Use Plan amendment in the Otter Creek Planning District from Mixed Use 6 Single-Family to Multi-Family.Multi- Family accommodates residential development of ten to thirty-six dwelling units per acre.The applicant wishes to develop an apartment complex with a maximum density of eighteen units per acxe. EXISTING LAND USE AND ZONING: The property is currently zoned Planned Development Commercial,is approximately 19.1+acres in size,and is currently used as a golf driving range.The property on all sides of the applicant's property is zoned R-2 Single Family.To the north are single family residences and at the intexsection of Baseline Road and Stagecoach Road are two convenience stores and a small strip center zoned C-3. Directly across Stagecoach Road are houses and to the south of them are two churches and vacant property zoned MF-18 multi-family,0-2 Office and Institutional and the churches have MF-18 with a CUP and R-2 single Family with a CUP.To the south on the west side of Stagecoach Road is largely undeveloped land and the new Westfield Subdivision.Another new subdivision lies to the immediate west of the property. Westfield has homes on approximately 80%of the lots while the other has about 20%. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On August 17,1999,a change was made from Multi-Family to Mixed Use and Single Family along Stagecoach Rd.,extending up to Baseline Rd.,including the current applicant's property. On October 6,1998,A change was made from Community Shopping to Commercial at the northeast corner of the I- December 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 30/I-430 interchange about a mile east of the applicant's property. On August 5,1997,a change was made from Multi-Family to Single Family south of Baseline Rd.east of Wimbledon Loop west of the applicant's property. OnM+ly 1,1997,a change was made from Community Shopping to Commercial at 12024 I-30 north to Otter Creek Rd.about a mile southeast of the applicant's property. On April 2,1996,a change was made from Multi-Family to Single Family at Otter Creek Pkwy near Black Walnut Circle a half-mile southwest of the applicant's property. The applicant's property is shown as Mixed Use and Single Family.The neighboring property to the north and south is also shown as Mixed Use and Single Family.Public Institutional and Office are shown to the east of the applicant's property across Stagecoach Road.All of the property to the west is shown as Single Family. MASTER STREET PLAN: Stagecoach Rd.is shown as a minor arterial on the Master Street Plan.The State Highway Department is currently widening this section of Stagecoach Road,Highway 5,into a five-lane road.A Class II Bikeway is designated along Stagecoach Rd.from Brodie Creek to County Line Rd. PARKS: The new Otter Creek Park is under development further to the southwest on Stagecoach Road. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: Currently a city recognized neighborhood action plan for this area does not exist.The Otter Creek /Crystal Valley Neighborhood Action Plan is in the process of being formulated. ANALYSIS: This area is a developing suburban area.Otter Creek subdivision is currently expanding to the northwest along with the new Westfield subdivision located to the south of this application and Wedgwood Subdivision located to the west.New businesses are locating in the area of the 2 December 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 Baseline and Stagecoach intersection and the Otter Creek Parkway and Stagecoach intersection. Two areas near the applicant's property are currently shown on the Land Use Plan as Single Family and Mixed Use but ———-contain M-12 Multifamily zones.Two MF-12 zoned tracts of land lie to the south of the applicant along the west side of Stagecoach Road.A MF-18 zoned tract lies on the east side of Stagecoach Road.Half of the area has a Conditional Use Permit for the Calvary Apostolic Church while the remaining half lies vacant. The Mixed Use category supports a mixture of residential, office and commercial uses.A Planned Zoning District is required if the use not residential.Mixed Use can support wholly commercial or office developments when a PZD is used. A pure commercial area would be a much more intense development than any residential development.As stated before,the Mixed Use category does support residential uses,which includes multi-family.If the entirety of the application had fallen within the Mixed Use area,no plan amendment would have been necessary.The reason that a land use plan amendment was filed was because more of the 19+ acres fell within the Single Family area than the Mixed Use area.It is considered an intensity change since both multi-family and single family area residential. The vast majority of the area shown on the map west of the application,east of Otter Creek Subdivision,and south of Baseline has been preliminary platted for single family housing.Streets are shown (but without houses)on two of the subdivisions to the west and south (Wedgwood and Westfield,respectively).This multifamily would be limited from expansion to the west by these newly constructed subdivisions. A buffer could be appropriate to screen the multi-family from the single family to the rear because of differing scales of the buildings between the single family houses that are being built and the typical size of multi-family structures.This buffer would not be needed to screen the multifamily from the mixed use area to the north and south. Staff checked occupancy rates at the three existing apartment complexes in the area.The two that responded to the inquiry stated that they had occupancy rates of 99 and 3 december 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 100%occupied.The high rate of occupancy is evidence that there is demand for additional multi-family units in the area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations:Meyer Lane Neighborhood Association,Otter Creek Homeowners Association,Quail Run Neighborhood Association,Rolling Pines Neighborhood Association and the Crystal Valley Property Owners Association. Staff has received ten comments from area residents.Six are opposed to the change and two were neutral.Crystal Valley and Otter Creek Neighborhood Associations,which border this site,are opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is appropriate and would recommend a 50'K/OS strip to buffer the Single Family along three sides of the development. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) Brian Minyard,of Planning Staff presented the item.He noted that the applicant has agreed to a 50'K/OS strip along the south,west and north sides of the property whereitabutsSingleFamily. Chairman Hugh Earnest asked Mr.Minyard about the previous change to Mixed Use.He asked what amount of acreage lies in the MX area and what lies in the Single Family area.Mr. Minyard stated that it was about 8 acres in the Mixed Use and 11 acres in the Single Family,approximately.Chairman Earnest commented upon the Wedgwood Subdivision to the immediate west. Commissioner Bob Lowery commented on the occupancy rate of the apartments and asked how many units were in each complex.Mr.Minyard stated that he had that information in his file but did not have it at that moment.Commissioner Lowery continued to ask what the distances were between the proposed and existing apartments.Mr.Minyard estimated it 4 december 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 was about 1200'o Eagle Hill,a half to three-quarters of a mile to Otter Creek Villas,and a mile to a mile and a half to Westwood.Staff picked those three complexes because of there proximately to the site.Commissioner Lowery asked if there were other complexes in the area.Mr.Minyard replied that the other complexes were on the east side of 430. Mr.Jim Lawson,Planning and Development Director,gave history of the site.When the zoning was changed for the driving range,Staff did not support commercial,but agreed to the driving range as a holding zoning as a temporary use. Staff's opinion now is that multi-family is a desirable zoning because commercial stripped along Stagecoach is not desirable.Staff saw this as a step down from the Commercial.He continued to speak about the traffic along Stagecoach as a shortcut from 430 to the county line. Commissioner Lowery asked what acreage was zoned multi- family at the present.Mr.Minyard stated those areas. Chairman Earnest pointed out that the front section of the property would support multi-family under Mixed Use. Mr.Lawson commented on the traffic problems along Stagecoach Road in relation to the freeways. Chairman Earnest stated the limit of 20 minutes per side. Rollin Christianos,of Rector Phillips Morse,spoke in favor of the application.He further stated that the developer would be willing to set a maximum of 264 units on the site with two phases.He continued that there were limitations to the other properties.He spoke of constraints of developing the site for commercial. Maury Mitchell,of Rector Phillips Morse,spoke in favor of the application.He indicated that the developer of the apartment units is Park Development in Jackson,Mississippi and described the complex. Gerald Staley,the applicant,spoke in favor of the application.He spoke of the history of the site and the fact that it was previously multi-family on the plan.He asked to be given multi-family zoning that corresponds to the old plan.He continued to speak of traffic problems in the area.He also spoke of buffers on the property including easements of utilities. 5 december 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 Cathy Coston,chairman of the Otter Creek/Crystal Valley Neighborhood Action Plan,spoke in opposition to the change. She stated that they are not opposed to growth in the area and spoke of traffic problems.She spoke of the number of units added in the area over the last two years and the density of the area.She continued to speak of the existing 42 acres of non-developed multi-family zoned areas in the neighborhood . Mike Parsley spoke in opposition the change. David Henning,who lives across Stagecoach Road from the site,spoke in opposition to the change.He addressed traffic concerns and accidents.He continued to speak of drainage issues of runoff and the ecosystem of the Fourche Creek.He indicated he now regrets the previous Land Use Plan change of his property to Office. George Ingram,of 9106 Stagecoach,spoke in opposition to the change.He spoke of drainage,traffic,and crime problems. Norm Floyd spoke in opposition to the change and of deteriorating conditions of multifamily.He spoke of occupancy rates and the economics of multi-family. Oley Rooker,President of Crystal Valley Property Owners Association,spoke in opposition to the plan.He spoke of improvement to the area and of traffic concerns and existing zoned property for multi-family.He stated that density was the problem in neighborhoods. Necole Kerie spoke in opposition to the change.She spoke of working on the neighborhood plan and the desires of the people and asked the commissioners to respect their wishes. Julie Hall Barrow spoke in opposition.She is a new resident to Little Rock and spoke of memories of living in apartments.She is a homeowner and does not want to live next to apartments because of prior experience of what goes on there. Commissioner Judith Faust asked of Staff if there are rules of thumb or formulas to the proper mix of multi and single family in a particular area.Mr.Lawson stated that Staff 6 december 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 has not done research on that.Commissioner Craig Berry stated that the dynamics of residential living are changing and that establishing ratios may not be beneficial. Mr.Lawson stated that in other areas of the city,large numbers of apartments function together well.He continued that apartments were built outside the city limits in the past and some of those have gone downhill.Management is the key to keep away decline of the neighborhood. Commissioner Mizan Rahman spoke about what happens to the property if it is not changed to multi-family.Mr.Lawson spoke of the number of units in an area and how those affect the neighborhood. Commissioner Herb Hawn spoke about the rental inspection program.He desired to speak about the issue of Land Use, not zoning.He stated that utility easements and wide buffers bound this area. Commissioner Rahman stated that things are dynamic and askedifthishadanegativeimpactonthearea. Commissioner Pam Adcock asked Ms.Coston about other zoned property for multi-family in the area.Mr.Malone explained where the parcels of multi-family are located.Ms.Coston addressed the issue of Land Use and stated that the steering committee looked at the Land Use Plan and stated that the group had reached consensus about eliminating the possibility of further multi-family. Commissioner Berry asked Staff what the maximum density allowed in the area shown as Multi Family.Mr.Malone stated that the Mixed Use area would not require a Land Use Plan change for multi-family.Commissioner Berry continued that the proposed use is less dense than what could be developed on that site.He continued to speak about sprawl in the city.Commissioner Adcock stated that she did not agree with one of his comments on this issue and continued to speak about the past involvement of the neighborhood. Commissioners Berry and Adcock continued in a conversation about developments in their own neighborhoods and the expectation of neighborhoods concerning multi-family. Commissioner Adcock made a motion to approve the Land Use Plan and was seconded.Chairman Earnest reminded the 7 december 2,1999 ITEM NO.:2 (Cont.)FILE NO.:LU99-16-04 commissioners that the motion was concerning changing the Land Use Plan.Commissioner Rahman asked that the applicant be recognized.Mr.Mitchell indicated that there are other multi-family zoned properties in the area are owned by the Otter Creek Land Company'or have floodplain and price problems.He stated he would buy another site if possible, but they would not sell.He continued to speak about drainage and the unfair comparison of this area to other areas of the city. Mr.Lawson wanted to clarify that the motion included the amended 50'K/OS strip.It was noted that the PK/OS strip was part of the motion. Chairman Earnest mentioned that this area was changed recently to mixed use after discussion and thought by the planning commission. The motion was denied with 4 ayes,5 noes and 2 absent.A discussion ensued between the commissioners about the bylaws and if the motion failed or passed.Mr.Steve Giles,of the City Attorney's Office,stated that he did not have his bylaws but that he thought it took six votes either way to pass or fail.He continued that the item would be forwarded to the Board of Directors with a recommendation of denial. Mr.Malone asked for the names of the four commissioners who voted for the item for the record.Those with aye votes areBillRector,Craig Berry,Herb Hawn and Judith Faust. STAFF UPDATE Upon further review of the bylaws between Planning Staff and Mr.Giles,it was discovered that since the item did not "receive a positive vote from the majority of members present"and failed to "receive the required six votes for approval or denial",it shall be declared to be denied.The applicant was notified he would have to appeal to the City Board of Directors if he wished them to hear it. 8 a'ecember 2,1999 ITEM NO.:2.1 FILE NO.:Z-6178-A Owner:Gerald Staley Applicant:Rollin Caristianos Location:9222 Stagecoach Road Request:Rezone from PD-C to MF-18 Purpose:Develop as Multifamily Size:19.5+acres Existing Use:Golf driving range SURROUNDING LAND USE AND ZONING North —Undeveloped and Single Family;zoned R-2 South —Undeveloped;zoned R-2 and MF-12 East —Single Family;zoned R-2 West —New Single Family;zoned R-2 PUBLIC WORKS COMMENTS 1.Stagecoach is listed on the Master Street Plan as a minorarterial.A dedication of right-of-way to 45 feet from new centerline is required. With Buildin Permit 2.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy.3.Sidewalks shall be shown conforming to Sec.31-175 and the "MSP". 4.Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5.A sketch grading and drainage plan,a special flood hazard permit,and a special grading permit for flood hazard areas are required.Arkansas Department of Pollution Control and Ecology (ADPCE)and NPDES permit are also required. 6.Obtain permits for improvements within State Highway right-of-way from AHTD,District VI. 7.Prepare a letter of pending development addressing street lights as required by Section 31-403 of the Little Rock Code.All requests should be forwarded to Traffic Engineering. december 2,1999 ITEM NO.:2.1 (Cont.)FILE NO.:Z-6178-A PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA bus route. PUBLIC NOTIFICATION All owners of property within 200 feet of the site,all residents within 300 feet and the Otter Creek and Crystal Valley Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the Otter Creek Planning District. The Land Use Plan was recently amended changing the designation of this site from Multifamily to Mixed Use for the frontage along Stagecoach Road and single family for the remainder of the site.A Land Use Plan Amendment,changing the site back to multifamily is item no.2 on this agenda, LU99-16-04.A neighborhood action plan has not been approved for this area.The Otter Creek/Crystal Valley Neighborhood Action Plan is now being developed and is anticipated to reach the Planning Commission in the early spring of 2000. STAFF ANALYSIS The request before the Commission is to rezone this 19.5+ acre tract from PD-C Planned Development —Commercial to MF-18 Multifamily.The site is now occupied by a golf driving range.Once the property is rezoned,it will be developed as multifamily.No specific development plan has been submitted.This rezoning request is associated with Land Use Plan Amendment LU99-16-04,item no.2 on this agenda. Staff is supportive of the rezoning request.On December 17,1996,the property was rezoned from R-2 to PD-C for the golf driving range.At that time,the Land Use Plan recommended Multifamily for the site.The Planning Commission viewed the driving range as more of a "holding use"for the property and voted not to change the land use plan. 2 0ecember 2,1999 ITEM NO.:2.1 (Cont.)FILE NO.:Z-6178-A On July 22,1999,the Commission was approached by the owner of a 15.19+acre tract located south of the driving range with a Land Use Plan Amendment and rezoning request primarily to accommodate a speculative location of a postoffice.In response to that application,staff expanded the review area to include 47.13+acres located west of Stagecoach Road,south of Baseline Road;including thissite.The Commission voted to approve Mixed Use (MX)for a depth of approximately 500 feet along Stagecoach Road and Single Family (SF)for the remainder of the 47.13+acres to the west.The Board of Directors approved the change on August 17,1999.The result was the elimination of all multifamily on the plan in this area. Uses and Zoning in the area are somewhat varied,although the predominant use is single family.A new single family subdivision is developing to the west of the site.Older single family homes and an area of undeveloped property are adjacent to the north.An undeveloped,wooded area of R-2 and MF-12 properties extends to the south.The properties across Stagecoach Road to the east include undeveloped C-3 tracts,R-2 zoned single family homes,undeveloped 0-1 tracts and two churches on tracts zoned MF-18 and R-2.Thefirstphasesoftwonewmultifamilydevelopmentshave recently been constructed in the general area.A larger, 1000+unit,development is located north of Baseline Road, west of Stagecoach and a 312 unit development is located south of the Otter Creek neighborhood,further west on Stagecoach Road. The MX Land Use designation,which covers the front 500 feet of this tract,allows multifamily.Staff believes that placing a 50 foot wide Open Space (OS)buffer around the rear portion of the tract (that part now shown as single family)will provide adequate separation between any multifamily development and adjacent single family.With this proposed OS buffer and the knowledge that any multiple building,multifamily development would require,at a minimum,site plan review by the Planning Commission staff believes the proposed MF-18 zoning could be compatible with uses and zoning in the area. No neighborhood action plan has been approved for the area. The Otter Creek/Crystal Valley Neighborhood Action Plan is now in development and should be presented to the Commission in spring of 2000. 3 december 2,1999 ITEM NO.:3 FILE NO.:Z-6769 Owner:Stan Hastings Applicant:Integra Group Location:3500 Longcoy Request:Rezone from R-3 to C-3 Purpose:Include within larger area to be developed as a retail auto parts store. Size:.46+acres Existing Use:Vacant lots SURROUNDING LAND USE AND ZONING North —Single Family;zoned R-3 and Vacant lots; zoned C-3 South —Vacant lots;zoned C-3 East —Single Family;zoned R-3 West —Vacant lots;zoned C-3 PUBLIC WORKS COMMENTS 1.Barrow Road is listed on the Master Street Plan as a minor arterial.A dedication of right-of-way to 45 feet from centerline is required. 2.West 36 Street is listed on the Master Street Plan as a minor arterial.Dedicate right-of-way to 35 feet from centerline. 3.Longcoy Street and 35 Street are listed on the Master Street Plan as commercial streets.Dedicate right-of- way to 30 feet from centerline.(Pertinent to this rezoning) 4.A 20 foot radial dedication of right-of-way is required at all corners.(pertinent to this rezoning) With Buildin Permit 5.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. 6.Plans of all work in right-of-way shall be submitted for approval prior to start of work. december 2,1999 ITEM NO.:3 (Cont.)FILE NO.:Z-6769 7.Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 8.Repair or replace any curb and gutter or sidewalk thatisdamagedinthepublicright-of-way prior to occupancy. 9.Stormwater detention ordinance applies to this property. 10.Obtain permits for improvements within State Highway right-of-way from AHTD,District VI. PUBLIC TRANSPORTATION ELEMENT A CATA bus route is located on West 36 Street,one block south of this site. PUBLIC NOTIFICATION All owners of property within 200 feet of the site,all residents within 300 feet and the John Barrow Neighborhood Association were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the Boyle Park Planning District. The adopted Land Use Plan recommends Commercial for the site with a Park/Open Space "corridor"along the Longcoy Street perimeter.The Plan is consistent with the John Barrow Neighborhood Action Plan which was approved on June 18, 1996.The PK/OS corridor along Longcoy is intended to establish a prohibition against taking access from the commercial site onto Longcoy,thus providing an additional barrier between the commercial development and the residences located across Longcoy Street. STAFF ANALYSIS The request before the Commission is to rezone these threelotsfrom"R-3"Single Family to "C-3"General Commercial. The lots are currently undeveloped,with a scattering of shrubs and a few trees.Once rezoned,the lots will be incorporated into the proposed development of a new retail development which is to encompass the entire block bounded by West 35 ,West 36 ,Longcoy and John Barrow Streets. 2 december 2,1999 ITEM NO.:3 (Cont.)FILE NO.:Z-6769 The property is located within the commercial node established around the intersection of John Barrow Road and West 36 Street.Much of the C-3 zoned property located around the intersection is either undeveloped or else is occupied by single family homes.A liquor store is located on the C-3 tract at the southeast corner of John Barrow and West 36 .Additional,small scale commercial uses extend up John Barrow Road from West 35 Street to West 32" Street.Other than this small area of commercial zoning along 36 and Barrow,the larger area is comprised almost completely of single family homes on R-3 zoned lots.The R-3 zoned lots across Longcoy and West 35 Streets contain single family homes. The Boyle Park District Land Use Plan recommends Commercial for this site,with a Park/Open Space "corridor"to extend along Longcoy Street.The C-3 zoning request conforms to the Plan designation of commercial.The request also conforms to the John Barrow Neighborhood Action Plan.The PK/OS corridor was instituted in 1996,in conjunction with the neighborhood action plan.The purpose behind the corridor is to prohibit access from the commercial block bounded by West 35 ,West 36 ,Longcoy and John Barrow onto Longcoy Street,which is a residential street providing access to homes in the John Barrow Neighborhood.Staff believes it is appropriate to zone a 10 foot.wide OS strip along the eastern perimeter of the subject property.The OSstripwouldprohibitaccessontoLongcoy.The block is 269feetdeep,from John Barrow to Longcoy.Development of thesitewouldrequireabufferontheLongcoyperimeterof5% of the average depth of the tract,or 13.5 feet.The 10 foot OS strip will be incorporated into the required buffer that,must be provided when the site is developed.Zoning the strip OS will provide additional protection for the residential properties across Longcoy by prohibiting driveways. Although it is not part of this rezoning application,staff believes it is appropriate to establish the 10 foot OS strip along the remainder of the block,extending south to West 36 Street.Such a strip would prohibit access from the remainder of the block onto Longcoy Street,providing the same level of protection for the remaining residents on the east side of Longcoy.The OS strip is consistent with the Land Use Plan and the Neighborhood Action Plan.The 3 december 2,1999 ITEM NO.:3 (Cont.)FILE NO.:Z-6769 appropriate legal ad can be posted in the newspaper prior to the item going to the Board of Directors,if the Planning Commission were to approve the additional OS zoning. ———-STAFF—RECOMHENDAT ION Staff recommends approval of the requested C-3 zoning with the eastern 10 feet of the subject property (Lots 4,5 and 6,Block 152,John Barrow Addition)to be zoned OS,Open Space to prohibit access onto Longcoy Street. Additionally,staff recommends that the Commission approve zoning the eastern 10 feet of the remainder of the block which fronts onto Longcoy Street (Lots 1,2 and 3,Block 152,John Barrow Addition)from C-3 to OS,Open Space to prohibit access onto Longcoy Street. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The applicant was present.There were no objectors present. Staff presented the item and informed the Commission that the applicant had agreed to the requested 10'pen Space strip along the eastern perimeter of the entire block. Staff recommended approval of the C-3 zoning and the 10'penSpacestrip. The C-3 rezoning request and the 10'pen Space zoning along the eastern perimeter of the entire block were placed on the Consent Agenda and approved by a vote of 11 ayes,0 noes and 0 absent. 4 december 2,1999 ITEM NO.:4 FILE NO.:Z-6770 Owner:Cherri Satterfield Applicant:C.R.Satterfield,Jr. Location:West side of Henderson Road, approximately 1,000 feet south of Raines Road Recpxest:Rezone from R-2 to R-7A andSitePlanReview Purpose:Placement of a single-wide manufactured home Size:5.00 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Pasture and Single Family;zoned R-2 South —Single Family;zoned R-2 East —Single Family and undeveloped tracts;zoned R-2 West —Undeveloped tracts;zoned R-2 PUBLIC WORKS COMMENTS 1.Dedicate right-of-way to 25 feet from centerline of existing road. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA bus route. PUBLIC NOTIFICATION All owners of property within 200 feet of the site were notified of the rezoning request.There is no neighborhood association within the vicinity of this site.The propertyisoutsideofthecitylimitsandnodatabaseofaddressesismaintainedtonotifyresidentsinthearea. december 2,1999 ITEM NO.:4 (Cont.)FILE NO.:Z-6770 LAND USE PLAN ELEMENT The site is located in the Crystal Valley Planning District. The adopted Plan recommends Single Family for the site. R:BA m a single family zoning district which allows for placement of one manufactured home or one on-site constructed dwelling per lot or parcel.The request conforms to the adopted Plan.No neighborhood action plan has been done for this area,nor is one proposed in the near future. STAFF ANALYSIS The request before the Commission is to rezone this 5 acretractfrom"R-2"Single Family to "R-7A"Manufactured HomeDistrictandtoapproveasiteplanforplacementofone, single-wide manufactured home on the tract.The site is vacant and mostly cleared.At one time,there were two mobile homes on the tract.Those were removed sometime ago and there are utility hook-ups remaining on the tract. The property is located outside of the city limits but within the City's extraterritorial jurisdiction.The predominant land uses in this rural area are single family homes on large tracts and large areas of undeveloped,wooded property.There are several nonconforming mobile homes and manufactured homes located in the general vicinity including across Henderson Road to the northeast.Single family homes are located adjacent to the south and across Henderson Road to the east.A pasture is adjacent to the north and a single family home is located beyond that.The property adjacent to the west is wooded.Farther to the south,at the end of Henderson Road,a Planned Development-Office was recently approved to allow use of an existing single family home as an office. The Land Use Plan recommends single family for this site. R-7A is a single family zoning district.Staff believes the zoning request to be compatible with uses and zoning in the'reaandtoconformtotheadoptedLandUsePlan. R-7A zoning requires the submission of a site plan at the time of the zoning request.The applicant has submitted a plan showing the placement of one,single-wide,1997 model manufactured home on the tract.The home measures 16' 72',1,152 square feet.The applicant also proposes to construct a two-car covered carport and a storage building. 2 december 2,1999 ITEM NO.:4 (Cont.)FILE NO.:Z-6770 All proposed structures exceed required setbacks.Placement of the home must conform to the siting standards established by Section 36-262 (d)(2). STAFF RECOMMENDATION Staff recommends approval of the requested R-7A zoning. Staff also recommends approval of the site plan for placement of a 1997 model,single-wide,16' 72'anufacturedhomeonthetractsubjecttocompliance with the following siting criteria established in Section 36- 262 (d)(2)of the Code: a.A pitched roof of three (3)in twelve (12)or fourteen (14)degrees or greater. b.Removal of all transport features. c.Permanent foundation. d.Exterior wall finished in a manner compatible with the neighborhood. e.Underpinning with permanent materials. f.Orientation compatible with placement of adjacent structures. g.Off-street parking per single-family dwelling standards. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The applicant was present.There were several objectors present.Several letters of objection and support had been received by staff and forwarded to the Commissioners. Staff presented the rezoning request and site plan and offered a recommendation of approval as noted in the "Staff Recommendation"above.At this point in the meeting,there were only 8 commissioners present.The Chairman offered the applicant the opportunity to defer the issue.The applicant agreed to the deferral.It was determined by the Commission that those persons present in opposition who might not be 3 december 2,1999 ITEM NO.:4 (Cont.)FILE NO.:Z-6770 able to return at a later date would be allowed to enter a statement for the record. Kay Hicks,of 7407 Henderson Road,stated that she built her home 21 years ago.She commented that the one mobile home now existing on the street was an eyesore.Ms.Hicks stated that site built homes last longer than manufactured homes. She acknowledged that there were previously two mobile homes on the lot but said that she did not want any action approved that would allow the encroachment of more manufactured homes into the neighborhood. In response to a question from Commissioner Lowry,Chairman Earnest stated that he was giving persons the opportunity to speak at either this meeting or the later meeting to which the item was being deferred. The Commission suggested that the deferral might allow the two parties to get together to discuss the issue. Ray Hanley,of 7413 Henderson Road,agreed to get together with the applicant,if he was willing to do so.Mr.Hanley stated that the property was zoned to allow for site-built single family homes. David Powell,of 7322 Henderson Road,stated that he had nothing against "trailers"but his experiences with mobile homes had not been good. Ed Hicks,of 7407 Henderson Road,stated that he would defer speaking to a later date. A motion was made to defer the item to the January 20,2000 meeting.The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. 4 december 2,1999 ITEM NO.:5 FILE NO.:Z-6772 Owner:Rees Development,Inc. Applicant:Patrick McGetrick Location:11,719 Hinson Road Request:Rezone from R-2 to 0-3 Purpose:Future office development Size:.80+acres Existing Use:Single Family home SURROUNDING LAND USE AND ZONING North —Multi-story office building;zoned 0-3 South —Apartment complex;zoned R-5 and Office Development;zoned PD-0 East —Apartment complex;zoned R-5 West —Masonic lodge and office buildings;zoned 0-3 PUBLIC WORKS COMMENTS 1.Hinson is listed on the Master Street Plan as a minor arterial.A dedication of right-of-way to 45 feet from present centerline is required. With Buildin Permit 2.Driveways shall conform to Sec.31-210 or Ordinance 18,031. 3.Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4.Stormwater ordinance apply to this project. PUBLIC TRANSPORTATION ELEMENT The nearest CATA bus route is located at,Rodney Parham and Green Mountain Drive;4 block east of this site. PUBLIC NOTIFICATION All owners of property within 200 feet of the site,all residents within 300 feet and the Pleasant Valley and december 2,1999 ITEM NO.:5 (Cont.)FILE NO.:Z-6772 Rainwood Cove Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the Rodney Parham Planning District. The adopted Plan recommends Office for the site.No neighborhood action plan has been approved for this area norisoneproposedinthenearfuture. The 0-3 Office request conforms to the adopted plan. STAFF ANALYSIS The request before the Commission is to rezone this .80 acretractfrom"R-2"Single Family to "0-3"General Office.Thesitecurrentlycontainsaone-story,brick and frame,single-family residence.No specific development has been proposed at this time. Staff believes the 0-3 request to be appropriate and compatible with uses and zoning in the area.The 0-3 zonedpropertiesadjacenttothewestareoccupiedbyamasonic lodge and an office building.Several small office buildings are located on the PD-0 zoned property to the southwest.A large,three-story office building is located on the 0-3 zoned property across Hinson Road to the north. A large multifamily development is located on the R-5 zoned property adjacent to the east and south.Carport structuresarelocatedontheapartmentpropertyborderingthesubjectproperty.Other uses and zoning in the area are varied, ranging from single family homes across Hinson Road toadditionalmultifamilydevelopmentsandavarietyof commercial uses. The Rodney Parham Planning District Land Use Plan recommendsOfficeforthesite. The 0-3 request conforms to the adopted Plan and is compatible with uses and zoning in the area. STAFF RECOMMENDATION Staff recommends approval of the 0-3 zoning request. 2 december 2,1999 ITEM NO.:5 (Cont.)FILE NO.:Z-6772 PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The applicant was present.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 11 ayes,0 noes and 0 absent. 3 december 2,1999 ITEM NO.:6 FILE NO.:Z-6768 Name:Holmes Day Care Family Home Special Use Permit Location:19 Southmont Drive Owner/A licant-:Gloria May Holmes ~Pro osal:A Special Use Permit is requested to allow the occupantof19SouthmontDriveto operate a day-care family home. The property is zoned R-2. STAFF ANALYSIS The occupant of the single family home located on the R-2 zoned property at 19 Southmont Drive is requesting approval of a Special Use Permit to allow her to operate a day-care family home. 19 Southmont is located at the southern fringe of a large, single family residential neighborhood.Properties extending to the east,west and north are zoned R-2 and are occupied by single family homes.A church is located on the R-2 zoned property adjacent to the south.The applicant's home is typical of those in the neighborhood,one-story frame construction with a single-car carport and driveway. The applicant proposes to operate the day care from 6:30 a.m.until 5:00 p.m.,Monday through Friday.The maximum number of children on the property at any given time will be ten.Some children will receive full day care while others will receive after school care.The ages of children in the applicant'care will range from 2-5 years of age.The rear yard is fenced and will be used by the children as a playground.The applicant's property borders a church on the rear.The church's playground is adjacent to the applicant's rear yard.The property has a single-wide driveway with room for two cars to provide drop-off/pick-up area. The principal use of the property will remain single family residential.No signage beyond that allowed in single family zones will be permitted.The applicant states all necessary paperwork to be licensed by the State has been completed and she has received and passed an inspection by the Childcare Board. december 2,1999 ITEM NO.:6 (Cont.)FILE NO.:Z-6768 Section 36-54(e)(3)of the Code establishes the site and location criteria for day care family homes as follow: a.This use may be located only in a single-family home, ~upied-by-the-care giver. b.Must be operated within licensing procedures established by the State of Arkansas. c.The use is limited to ten (10)children including the care givers. d.The minimum to qualify for special use permit is six (6)children from households other than the care givers. e.This use must obtain a special use permit in all districts where day care centers are not allowed by right. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner,location to location or use to use. STAFF RECOMMENDATION Staff recommends approval of the requested Special Use Permit to allow a day-care family home at 19 Southmont Drive subject to compliance with the site and location criteria established in Section 36-54(e)(3)of the Code. PLANNING COMMISSION ACTION:(DECEMBER 2,1999) The applicant was present.There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the site and location criteria established in Section 36-54(e)(3). The item was placed on the Consent Agenda and approved as recommended by staff.The vote was 11 ayes,0 noes and 0 absent. 2 PL A N N I N G CO M M I S S I O N VO T E RE C O R D DA T E ~C O N S T W6 U ~ ME M B E R A5 c K F'E C T O R , BI L L DO W N I N G , RI C H A R D e w & A A A BE R R Y , CR A I G p u V NU N N L E Y , OB R A Y y AD C O C K , PA M ~ ~I EA R N E S T , HU G H 4 4 v RA H M A N , MI Z A N 0 0 v LO W R Y , BO B R t' ~ v HA W N , HE R B ~ l, v FA U S T , JU D I T H e W y' MU S E , RO H N e 4 ~ TI M E IN AN D TI M E OU T RE C T O R , BI L L DO W N I N G , RI C H A R D v. ' I o g /A T E RN BE R R Y , CR A I G NU N N L E Y , OB R A Y 4: 2 Cv Ho Ae Rh r AD C O C K , PA M hf Ci 7 7. 4 5 g) ) /V 7 7U EA R N E S T , HU G H RA H M A N , MI Z A N LO W R Y , BO B HA W N , HE R B FA U S T , JU D I T H MU S E , RO H N Me e t i n g Ad j o u r n e d 8- M P. M . AY E + NA Y E ~ AB S E N T + AB S T A I N December 2,1999 There being no further business before the Commission,the meeting was adjourned at 8:30 p.m. Date /Pf ec etar Chairman