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pc_04 03 1997suba LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD APRIL 3, 1997 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present with ten members in attendance. II. Approval of the Minutes of the Previous Meeting The Minutes of the March 6, 1997 Planning Commission meeting were approved as mailed. III. Members Present: Members Absent: Pam Adcock Craig Berry Sissi Brandon Doyle Daniel Hugh Earnest Herb Hawn Larry Lichty, Chairperson Bill Putnam Suzanne McCarthy, Vice Chair Mizan Rahman Ronald Woods City Attorney: Stephen Giles LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA APRIL 3, 1997 I. DEFERRED ITEMS: A. Kanis Office Addition R-2 to 0-3 (Z-6256) B. Kanis Office Addition Preliminary Plat (S-1126) C. Bonnie Jones Planned Commercial District PDC (Z-6208) D. Carriage Creek -- Revised Conditional Use Permit (Z -5300-A) E. Sprint -- Revised Conditional Use Permit (Z -6118-A) F. Asher Car Sales -- PCD (Z-6239) II. NEW ITEMS• •1. Sports Authority a. Rezoning R-2 to PCD (Z-6278) b. Right-of-way abandonment for Bristol Drive and portions of Chenal Parkway (G-23-264) 2. THJR Addition lot #2 PDC (Z -5258-C) 3. H & J Partnership Site Plan Review (Z-6277) 4. Villages of Wellington Phase VI Preliminary plat (S -1042-D) 5. The Ranch Preliminary Plat Lot #2 Tract F (5 -285 -BB) 6. Pine Hill Addition Replat (5-1128) 7. Marsh Preliminary Plat (5-1129) 8. Southwest Hospital Replat (5-1132) see z-791-3 9. Kerr Addition Preliminary Plat (5-1130) 10. Stagecoach Acres Preliminary Plat (S-1131) 11. Otter Creek Park Conditional Use Permit (Z-6279) Agenda, Page 2 II. NEW ITEMS: (cont.) 12. Asbury United Methodist Church Conditional Use Permit (Z -3766-A) 13. Alltel -- Seven Acres Business Park Lot #2 Revised POD (Z -5038-C) 14. Alltel -- Cantrell Road Site Conditional Use Permit (Z -4061-A) 15. Alltel -- Roosevelt Road Site Conditional Use Permit (Z-6275) 16. Alltel -- Gordon Road Site Conditional Use Permit (Z-6276) 17. Chenal Country Club Revised Conditional Use Permit (Z -5055-B) 18. Everett Conditional Use Permit (Z-6274) 19. Dailey Street Right-of-way abandonment (G-23-263) 20. Witcher Day Care Family Home Special Use Permit (Z-6268) 21. Ball Day Care Family Home Special Use Permit (Z-6269) 22. Cia Day Care Family Home Special Use Permit (Z-6270) 23. Johnson Day Care Family Home Special Use Permit (Z-6272) 24. Z -5320-C 7600 Cantrell Road C-3 and C-4 to C-4 25. Proposed amendment to Planning Commission Bylaws 3NId WT m K � a 1 \ cAt )7) u z N x M� � b O eO� n W� O Z - QL Q � 0 O W fu X NZ0N K o W x m 1� �b1 N $ J� NOlIIWVH OOS s S�N,yd S N U� W 2 3A30 �LL W O �U �JC JNINdS O i s�6 N oo w LL OR0 V J 4 i O� U O� O GR�Sj T ~ ■O Y I pPEt ' 0 a 2 oa 5 W z u • O u s� h O J� JU o 5 v J d0.(/1O I I April 3, 1997 ITEM NO.: A Z-6256 Owner: Vernon and Elizabeth Clary; Cora and Loice Peek Applicant: Robert M. Brown Location: 13423 and 13501 Kanis Road Request: Rezone from R-2 to 0-3 Purpose: Future general office development; associated with S-1126 Kanis Office Addition Preliminary Plat Size: Existing Use: 9.76± acres Two Single Family homes SURROUNDING LAND USE AND ZONING North - Undeveloped, heavily wooded; zoned R-2 South - Single Family homes; zoned R-2 East - Single Family homes; zoned R-2 and electrical contractor's office; zoned POD West - Single Family homes and nonconforming auto body shop; zoned R-2 PUBLIC WORKS COMMENTS Kanis Road frontage shall be improved to provide left turn capability into development with proper taper lengths. Kanis Road is a minor arterial and right-of-way dedication to 45 feet from centerline is required. Kanis Road has a 1995 average daily traffic count of 2,500. See other comments in File S-1126, Kanis Office Addition Preliminary Plat. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The request is located in the Ellis Mountain District. The adopted Land Use Plan recommends Transition Zone and Single Family use in the area (with a PUD recommended along Kanis). April 3, 1997 SUBDIVISION ITEM NO.: A Z-6256 (Cont. The request is for 10-31, general office. The request of office within the Transition Zone is reasonable; however, the area requested extends well south of the Transition Zone area. The City has not supported extending nonresidential use beyond the transition designated area along Kanis Road. There have been no changes to justify a change in the way the City has reviewed cases along Kanis Road. (Note: There is a Kanis Road Study committee currently working on Kanis Road. This committee may make recommendations to modify the land use plan. Recommendations from the committee are expected later this Spring.) STAFF ANALYSIS The request before the Commission is to rezone this 9.76± acre tract from "R-2" Single Family to "0-3" General Office. Two single family homes are currently located on the front 200 feet of the property, closest to Kanis Road. The remainder of the 1,300+ foot deep property is undeveloped and heavily wooded. Plans are to develop the tract as a multi -lot, small office subdivision once it is rezoned. The proposed office subdivision is detailed in S-1126, Kanis Office Addition Preliminary Plat; item no. 3-B on this agenda. The site is located in an area which is rural in nature. Surrounding uses are almost exclusively single family homes on larger lots and large tracts of undeveloped property. A small, POD zoned electrical contractor's office is adjacent to the northern end of the tract. An R-2 zoned, non- conforming auto paint and body shop is located on one of the properties to the west. The northern end of the PRD zoned Brodie Creek development is located 800-900 feet to the west of this site. with the exception of the electrical contractor and the nonconforming auto paint and body shop, all adjacent properties are occupied by single family residences. The Ellis Mountain District Land Use Plan recommends Transition Zone for properties fronting on this portion of Kanis Road. The TZ designation extends south of Kanis Road approximately 600 feet where this property is located. The Plan recommends Single Family for properties south of the TZ. The subject property is approximately 1,300 feet deep, extending south off of Kanis Road well beyond the Transition Zone area. The City has not supported extending nonresidential use beyond the Transition designated area along Kanis Road. Staff cannot support a change in this direction at this time. There is an ongoing study of the Kanis Road corridor which may result in recommended modifications to the Land 2 April 3, 1997 SUBDIVISION ITEM NO.: A Z-6256 (Cont. Use Plan. Results of the study are not expected until later this spring. Staff can support 0-3 zoning for that portion of the tract which falls within the Transition Zone designated area, approximately 600 feet south of Kanis Road. Office uses are appropriate with the Transition Zone. Staff questions whether it would be appropriate to extend 0-3 zoning for the full 1,300+ feet as proposed by the applicant. Such an action would establish a questionable zoning pattern and could potentially impact the existing single family residential uses. The newest development in this area has been single family residential, as evidenced by the subdivision to the southeast. STAFF RECOMMENDATION Staff recommends denial of the application, as filed. Staff recommends that only the northern 600 feet of the tract be rezoned 0-3. Extending 0-3 zoning to the southern 700+ feet of the tract is not compatible with the adopted Land Use Plan and could negatively impact the single family uses in the area. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) The applicant was present. There were 8-10 objectors present. Staff presented the item and informed the Commission that the applicant had amended the application to conform to staff's recommendation that only the northern 600 feet of the tract be rezoned 0-3. In light of the amended application, staff offered a recommendation of approval. Robert Brown addressed the Commission in support of the application. He related the rezoning request to the Kanis Office Addition Preliminary Plat, which had earlier been deferred by the Commission. Mr. Brown stated that he had amended the application to conform to staff's recommendation. He stated that he had also begun the process to request a Land Use Plan amendment for the remainder of the property to the south. Mr. Brown stated that he had met with area residents and that those residents directly adjacent to the northern 600 feet of the tract did not object to the proposed rezoning. Paul Glasscock, of 1300 white Road, addressed the Commission in opposition to the rezoning. He stated that he was speaking on behalf of the residents of white Road, many of whom were present. Mr. Glasscock stated that he was aware of the Transition designation for properties fronting on Kanis Road but that the neighborhood residents were still opposed to the office rezoning. He pointed out that the 3 April 3, 1997 SUBDIVISION ITEM NO.: A Z-6256 (Cont. newest development in the area was single family. He stated that he was concerned that zoning the northern 600 feet of the subject property to office would be the "foot in the door" to extending nonresidential zoning throughout the area. Mr. Glasscock pointed out several objectionable uses within the 0-3 zoning district and noted that no specific development was proposed through this rezoning application. He also questioned whether providing sewer service to the site would require an easement through the properties on White Road. Lastly, Mr. Glasscock questioned the Transition designation on Kanis Road and stated that he would like to see the depth of the area designated Transition reduced. Abby Bryant, a resident of White Road, spoke in opposition to the rezoning. She stated that she was concerned about the loss of her property's value if the office zoning was approved. She also asked that the Transition area be reduced in depth. Commissioner Hawn commented that the intent of the Transition area was to limit development to uses which are compatible with nearby residential. In response to a question from Commissioner McCarthy, Steve Giles of the City Attorney's Office stated that Transition is a Land Use Plan designation suggesting that an area is sensitive and that development should be congruous to residential. Tony Bozynski, of the Planning Staff, noted that a study committee is currently working on the Kanis Road area. Mr. Bozynski stated that the City has traditionally supported office zoning in the Transition area along Kanis Road. There was a brief discussion of the newly adopted definition of Transition which is to become effective March 4, 1997. Commissioner Hawn commented that the spirit of Transition does not support "blanket" 0-3 zoning. He stated that many uses in the 0-3 district were not compatible with adjacent residential uses. Commissioner Rahman stated that he had a problem with the depth of the area designated Transition along this portion of Kanis Road and that he would prefer to see the depth reduced. Chairman Lichty asked Mr. Brown if there would be a problem conforming to a Planned Development. Mr. Brown stated that this application was filed prior to the recent resolution of the Transition question. He noted that there had even been talk of two Transition definitions, one for Cantrell Road and one for Kanis Road. Mr. Brown discussed the other nonresidential uses in the area. He also noted that this 4 April 3, 1997 SUBDIVISION ITEM NO.: A Z-6256 (Cont. rezoning was associated with a preliminary plat for a small lot office development. Jim Lawson, Director of Planning and Development, suggested that the applicant meet with the neighbors to discuss eliminating potentially objectionable uses from the rezoning request. Commissioner Daniel spoke of his concerns about the Land Use Plan pattern in the area. Chairman Lichty stated that the intent of this Planning Commission was that development in the Transition area be submitted as a Planned Development. Commissioner Putnam suggested deferring the item. Mr. Brown stated that he would meet with the neighbors to potentially adjust the list of uses or amend the application to a Planned Development. A motion was made to defer the item to the April 3, 1997 Commission meeting with the understanding that the applicant is to meet with the neighbors. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be withdrawn, without prejudice, to allow the completion of the Kanis Road study. The item was placed on the Consent Agenda and withdrawn, without prejudice, by a vote of 10 ayes, 0 noes and 1 absent. 5 April 3, 1997 ITEM NO.: B FILE NO.: 5-1126 NAME: KANIS OFFICE ADDITION -- PRELIMINARY PLAT (S-1126) LOCATION: South side of Kanis Road west of white Road DEVELOPER: ENGINEER• Bek Kaiser etal Robert Brown #5 Innwood Circle, Ste. 105 Development Consultants, Inc. Little Rock, AR 72211 10809 Executive Center Dr. Suite 210 Little Rock, AR 72211 AREA: 9.79 ACRES NUMBER OF LOTS: 14 FT. NEW STREET: 1,140 ZONING: Existing R-2 PROPOSED USES: Vacant, residential Proposed 0-3 PLANNING DISTRICT: #18, Ellis Mountain District CENSUS TRACT: 42.07 VARIANCES REQUESTED: • Reduced right-of-way and street width for proposed internal street. • Cul-de-sac to exceed 1,000 lf. maximum length STAFF RECOMMENDATION: DEFERRAL of the preliminary plat to the May 15, 1997 Planning Commission meeting. There are a number of unresolved issues and the item needs to be recirculated for agency comment. This deferral is at the request of staff and will not be changed to the applicant. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Robert Brown presented the item to the Subdivision Committee. Larry Jones stated that the Land Use Plan designations for this site are Transition Zone for approximately 600 feet south from Kanis Road and residential for the remainder. Staff asked that the existing houses on the west side of White Road be shown in more detail and labeled with addresses. The applicant was told to request a land use change to accommodate the rezoning (Z-6256) or revise the plat. If a substantial revision is made to the plat, then it must be sent back to Subdivision Committee for review. April 3, 1997 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1126 PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was included in the Consent Deferral Agenda and scheduled for the April 3, 1997 Planning Commission meeting. A motion to approve the Consent Agenda was passed with 10 ayes, 0 nays, 0 absent and 1 abstention. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This item was included in the Consent withdrawal Agenda. A motion to approve the Consent Agenda was passed with 10 ayes, 0 nays and 1 absent. E ,April 3, 1997 ITEM NO.: C FILE NO.: Z-6208 NAME: Bonnie Jones PD -C LOCATION: 1872 Schiller Avenue DEVELOPER: Bonnie Jones 1872 Schiller Ave. Little Rock, AR 72201 AREA: 6,600 SQ. FT. ZONING• R-4 PLANNING DISTRICT: CENSUS TRACT• 7 VARIANCES REQUESTED: NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: Residential and Commercial #8 Central City None BACKGROUND• The applicant has met with staff several times to discuss a proposal for a beauty shop within her home. A. PROPOSAL/REQUEST: The applicant seeks to develop a four station beauty salon in a portion of her home. There would be three employees plus herself working 7:00 a.m. - 7:00 p.m. Wednesday - Saturday. She will continue to reside in the rear portion of the dwelling which includes 2 bedroom, bath and kitchen. She proposes no signage or exterior lighting. B. EXISTING CONDITIONS: The site consist of a single family home at the corner of 19th and Schiller Streets. C. NEIGHBORHOOD COMMENTS: Staff has received several calls seeking information on this proposal. ,April 3, 1997 SUBDIVISION ITEM NO.: C (Cont.) FILE NO • Z-6208 D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: Schiller and 19th Streets have 36 foot asphalt streets, curb and gutter, and four foot sidewalks. Improvements of the sidewalks to ADA standards would be required with this rezoning. Dedication of a 20 foot radial area at the intersection of Schiller Avenue and 19th Street to meet current city standards is required. Repair of any curb and gutter or sidewalk that is damaged in the public right-of- way is responsibility of the property owner and would need to be facilitated prior to occupancy. E. UTILITIES/FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available Arkla: No comment Southwestern Bell: No comment Water: No objection AP&L : No comment Fire Department: No comment County Planning: No comment F. ISSUES/TECHNICAL/DESIGN: Landscape: No comment Issues: All vehicles stored on site must be licensed and operational. Planning Division: The site is located in the Central City District. The adopted Land Use Plan recommends Single Family use. Currently, there is no commercial use near the site in question, which is located on the intersection of two residential neighborhood street. There has been no land use change in the area to justify commercial land use in this location. G. ANALYSIS: The applicant seeks to convert a portion of her home into a four station beauty salon. This would be the relocation of her existing business. The applicant has requested a "PD -C". The PD -Commercial district is intended to accommodate single use commercial 2 April 3, 1997 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6208 developments. Mrs. Jones has proposed a four station beauty salon within her residence. The proposal fails to meet the legislation intent as outlined in the Zoning Ordinance Section 36-452(3) commercial districts: 1. To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas. 2. To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic. 3. To encourage orderly and systematic commercial, office or mixed use development design or combination thereof... 4. To encourage commercial development which is consistent with the long-range comprehensive plan of the City. H. STAFF RECOMMENDATIONS: DENIAL of the PCD request (Z-6208) as illustrated on the proposed site plan. If the Planning Commission approves this submittal, then Planning Staff would like to add conditions outlined in Sections D, E and F of this report. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 31, 1996) Larry Jones presented the case to the Committee for comment. Bonnie Jones (no relations to Larry Jones) was present to answer questions concerning her proposal. There was little discussion. The Subdivision Committee forwarded the item to the November 21, 1996 meeting of the Planning Commission for determination. PLANNING COMMISSION ACTION: (NOVEMBER 21, 1996) This item was included in the Consent Deferral agenda. Deferral to the January 9, 1997 Planning Commission meeting. A motion to approve the Consent Agenda was passed with 9 ayes, 0 nays and 2 absent. 3 April 3, 1997 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6208 PLANNING COMMISSION ACTION: (JANUARY 9, 1997) Larry Jones presented the staff report. Chairman Woods asked how the applicants request differed from a -home occupation." Staff responded that beauty and barbershops are not allowed as "home occupation" uses. The applicant explained that she wanted to locate a three chair beauty shop from her home. Mrs. Jones stated that she could obtain an adjacent vacant lot for parking. She stated that she needed to move her business home because of her health problems. Ruth Bell spoke in opposition to this rezoning since it is a residential area. She said that the housing stock of this neighborhood needed to be protected from commercial uses. Chairman Woods stated that he would like staff to look at this area in order to brims "commercial life" back to the Wright Avenue and 14th Street neighborhoods. Commissioner Daniel stated that he struggled with this rezoning request. Commissioner Hawn asked if this rezoning could be tied to Mrs. Jones. Staff responded that a rezoning goes with the property rather than a landowner. Commissioners Putnam and Lichty suggested that the item be deferred to allow staff to study the land use plan for this area. Motion to defer the item to the April 3, 1997, Planning Commission meeting. Staff will review the land use plan on both sides of Wright Avenue in respect to this rezoning request. Motion passed with 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The applicant amended her application to ask for a waiver of all Public Works Department conditions. David Scherer commented on the waiver request. Larry Jones presented the Planning Department staff report. Mr. Jones stated that if the Planning Commission approve the rezoning that Planning Staff would prefer that the Land Use designation not be changed. Bonnie Jones, the applicant, spoke in favor of the rezoning. She stated that she would except less than four beauty salon stations. Commissioners Putnam and Adcock asked several questions of the applicant. There was discussion amongst the Commissioners on this item. Motion to approve the rezoning. The motion failed with 2 ayes, 8 nays and 1 absent. 4 • April 3, 1997 ITEM NO.: D FILE NO.: Z -5300-A NAME: LOCATION: OWNER/APPLICANT• PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location: Carriage Creek - Revised Conditional use Permit 13207 Ridgehaven Road Kim Moore/Pat McGetrick A revised conditional use permit is requested to convert the existing clubhouse building within the Carriage Creek recreational area to a single-family dwelling. The property is zoned R-2. The applicant proposes to replat the residential structure into a separate single-family lot. The site is located on the south side of Ridgehaven Road, approximately six tenths of a mile west of Napa Valley Road. 2. Compatibility with Neighborhood: The area surrounding the park property is exclusively single-family residential is nature. 3. On -Site Drives and Parking: Access to the park property is gained by utilizing a driveway from Ridgehaven Road. There is a small existing parking lot on the site which the applicant proposes to plat into the new residential lot. 4. Screening and Buffers: No comments 5. Public Works Comments: Public Works has concerns about this Revised Conditional Use Permit, they are as follows: April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z -5300-A 1. The existing concrete walk that is provided for the neighborhood that would be solely in a residential lot without a pedestrian access easement. 2. The lot encumbering a portion of the lake and the dam, this lake and spillway structure will provide for stormwater detention control for the development. Now a portion of this dam and lake would be within private ownership. 3. Staff also have concerns about the existence of the drive and parking for the tennis courts being on the private property for the house. These areas of concerns could be addressed through revised plans and easements and written agreements between the private property owner and the Neighborhood Association. 6. Utility Comments: L.R. Wastewater - Wooden deck constructed over existing sewer main located within existing sewer easement. Little Rock Wastewater will not be responsible for repair of deck should removal be required for maintenance of sewer main in the future. 7. Staff Analysis: The applicant is requesting a revised conditional use permit to convert the existing clubhouse building within the Carriage Creek Recreational area to a single-family dwelling. The property is zoned R-2. The applicant proposes to replat the residential structure into a separate single-family lot. The clubhouse is part of the existing conditional use permit for the Carriage Creek Recreational area. This item is before the Planning Commission as a result of a recent zoning enforcement action. On July 7, 1996, the Zoning enforcement staff made an inspection of the clubhouse structure. The inspection revealed that the structure was being used as a single-family residence. The property had been illegally subdivided and sold to Kim and Phyllis Moore. The Moores were renting out the property. On August 12, 1996, after attempts to contact the property owner, a courtesy notice was issued to cease the use of the clubhouse structure or apply for a revision to the conditional use permit. The enforcement action has 2 April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -5300-A been suspended pending the Planning Commission's review of the revised conditional use permit. On March 13, 1990, the Little Rock Planning Commission approved a conditional use permit for the Carriage Creek Recreational area. The conditional use permit included a 2,554+/- square foot clubhouse, a pond, swimming pool, two tennis courts, a basketball court and parking area (with two access points on Ridgehaven Road). To date, the clubhouse, tennis courts, pond and part of the parking lot have been constructed. The applicant proposes to replat the area around the clubhouse into a separate lot and convert the clubhouse to a single-family dwelling. The replat would also include the one existing access drive to the site, the parking area, a portion of the sidewalks along the north side of the pond, as well as a small portion of the pond. There are several questions which the applicant has not yet answered regarding this proposal. For example, does the applicant propose that the remainder of the site continue to be used as a park? If the remainder of the property continues to be used as a park, how will the future park users access the site and where will they park? How will the applicant treat the sidewalks which traverse the proposed residential lot (easement?)? Is the applicant proposing to construct the swimming pool, basketball court, remainder of the parking lot and the second access drive from Ridgehaven Road as approved with the original conditional use permit? These and possibly other questions need to be answered by the applicant before Staff can analyze the technical issues pertaining to this item and make a staff recommendation. 8. Staff Recommendation: Staff recommends deferral of this item to the January 9, 1997 Subdivision Agenda. This will allow the applicant time to provide more information pertaining to this item and it will also allow the Subdivision Committee an opportunity to address the technical issues associated with the proposal. 3 April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -5300-A SUBDIVISION COMMITTEE COMMENT: (OCTOBER 31, 1996) Pat McGetrick was present, representing the application. Staff gave a brief description of the proposal. Staff noted that there were several unanswered questions pertaining to this proposal. Mr. McGetrick stated that there are possible legal issues associated with this proposal regarding the Bill of Assurance, park and neighborhood. Mr. MCGetrick stated that he would like to talk to the property owner's attorney and the City Attorney's Office to try to resolve any possible legal issues relating to the property and the present proposal. Mr. McGetrick stated that he would need to do this before he could answer the questions posed by staff. The Subdivision Committee accepted Mr. McGetrick's proposal to meet with the attorneys before discussing the technical issues associated with this proposal. STAFF UPDATE: On November 7, 1996, Staff received a letter from Pat McGetrick requesting that this item be deferred to the January 9, 1997 Planning Commission agenda. Mr. McGetrick states that he is trying to resolve legal questions regarding this issue prior to proceeding with the revised conditional use permit. PLANNING COMMISSION ACTION: (NOVEMBER 21, 1996) Staff presented the item, informing the Commission that the applicant submitted a letter requesting that the item be deferred until the Subdivision Agenda of January 9, 1997. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral. A motion to that effect was made. The motion was passed by a vote of 9 ayes, 0 nays, and 2 absent. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 12, 1996) Pat McGetrick, Fred Sanders and other representatives were present, representing the application. Staff gave a brief description of the proposal and posed several questions. 4 April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z -5300-A Commissioner Daniel asked where the future park users would park. Fred Sanders, of the Carriage Creek Neighborhood Association, stated that the site plan would be revised to include parking for the park. He stated that the residents who use the park typically walk to the park, but occasionally someone will drive and park just off the street on the unpaved surface. Pat McGetrick stated that a revised plan would be submitted by December 19, 1996. David Scherer, of Public Works, reviewed his comments with the Committee. He asked the applicant how he would deal with the sidewalk and a portion of the pond which would be in the new single-family lot. Pat McGetrick stated that easements for the sidewalk and the pond (drainage) would be dedicated. Fred Sanders stated that the swimming pool and basketball court would be excluded from the revised conditional use permit. After further discussion, presentation and forwarded for final action. STAFF UPDATE AND SYNOPSIS: the Committee accepted the the issue.to the full Commission As discussed at the Subdivision Committee meeting on December 12, 1996, the remainder of the site will continue to be used as a park to serve the Carriage Creek Neighborhood. Staff has received a revised site plan which shows an access drive and parking for the park area. The revised plan also shows easements for the sidewalk and the pond which are within the proposed single-family lot. The swimming pool and basketball court have been removed from the site plan. Staff recommends approval of the revised conditional use permit subject to the applicant completing a replat of the single-family lot (Lot 122-A) as shown on the site plan. PLANNING COMMISSION ACTION: (JANUARY 9, 1997) The staff informed the Commission that there was a mistake in notification of property owners within 200 feet of the Carriage Creek Recreation area, and that the item needed to be deferred. 5 April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z -5300-A The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 20, 1997 Subdivision Agenda. A motion to that effect was made. The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) The staff informed the Commission that the applicant had requested a deferral of this item in order to work with the neighborhood to resolve their concerns. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 3, 1997 agenda. A motion to that effect was made. The motion was passed by a vote of 11 ayes and 0 nays. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) The applicant and several members of the Carriage Creek neighborhood association were present. Staff informed the Committee that the applicant was continuing to work with the neighborhood to resolve the neighborhood's concerns. Staff informed the applicant and the neighborhood representatives that if any improvements are to be added to the site plan, a revised site plan must be submitted to staff by March 24, 1997. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Kim Moore, Phyllis Moore and Greg Graham were present, representing the application. Staff gave a description of the proposed revised conditional use permit and a recommendation of approval. Steve Giles, City Attorney, addressed the Commission. Mr. Giles informed the Commission that the use of the structure is not an issue. The property is zoned R-2 and the structure is being used as a single-family residence. He stated that the issue is the treatment of the remainder of the property when the one acre piece, including the L April 3, 1997 SUBDIVISION ITEM NO.: D (Cont.) FILE NO • Z 5300 A structure, is removed from it (parking, pond, sidewalk, etc.). He stated that this revision is a very limited - review. Kim Moore, Carriage Creek Improvement District, addressed the Commission in favor of the application. He gave a brief history of the site. Greg Graham, attorney for First Commercial Trust, addressed the Commission. He gave a brief description of the history of the Improvement District. He stated that Chancery Court approved the sale of the structure. Phyllis Moore, owner of the one acre piece of property and the structure on it, addressed the Commission in support of the application. She stated that she leases the structure as a residence. Baker Kurrus spoke in opposition to the application. He stated that the area was originally platted as a recreation area. He also stated that the 1.02 acre lot is four times larger than the other lots in the neighborhood. Tom Husslebien spoke in opposition to the application. He stated that the proposed single-family lot should not include the parking area. Bill Elder also spoke in opposition to the application. He stated that the structure was used as a clubhouse at one time. Honey Elder spoke in opposition to the application. She stated that the people who bought property in the neighborhood did so with the understanding that the recreation area was there. Randolph Baltz also spoke in opposition to the application. Commissioner Berry asked what .the parking lot would be used for. Phyllis Moore stated that she proposed to remove part of the parking lot, but she got no support from the neighborhood. There was a general discussion regarding the sale of the property, the easements proposed, and the size of the property. A motion was made to approve the revised conditional use permit as recommended by staff. The motion failed by a vote of 4 ayes, 6 nays and 1 absent. 7 April 3, 1997 ITEM NO.: E FILE NO.: Z -6118-A NAME• LOCATION: OWNER/APPLICANT• PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location: Sprint Spectrum - Revised Conditional use Permit 8451 Cantrell Road City of Little Rock/Sprint Spectrum by Drew Basham A revised conditional use permit is requested to increase the height of the existing 100 foot tall monopole tower to 140 feet. The property is zoned R-2. The site is located within the Little Rock Municipal Water Works' (Jackson Reservoir) site on Cantrell Road, approximately 1/4 mile east of Reservoir Road. 2. Compatibility with Neighborhood: The existing tower site is located inside the fenced Little Rock Municipal Water Works Reservoir site at 8401 Cantrell Road. The tower is located on the south side of the lake in a large wooded area which is adjacent to and north of Reservoir Park. The 100 foot tall tower site is surrounded by tall, mature trees. The proposed 40 foot height addition to the 100 foot tall monopole tower should have no negative impact on the properties to the east, west and north. Staff is unsure as to the visual impact this proposed 140 foot tall tower will have on the properties to the south. The applicant needs to submit additional information (photos, elevations, etc.) to the Planning Commission. 3. On -Site Drives and Parking: Access to this site is gained by utilizing a 12 foot driveway off of an existing asphalt drive within the park property. Parking is provided at the tower site for a service technician who will occasionally visit the site for maintenance purposes. No additional parking is required. April 3, 1997 SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z -6118-A 4. Screenina and Buffers: No comments 5. Public Works Comments: No comments 6. Utility and Fire Department Comments: L.R. Fire Department - Fire hydrant required within 500 feet of the site. 7. Staff Analysis: The applicant, Sprint Spectrum, is requesting a revised conditional use permit to increase the height of an existing 100 foot tall monopole tower to 140 feet. The existing site is located within the R-2 zoned Jackson Reservoir property. On April 25, 1996, Sprint Spectrum received a conditional use permit for the construction of a 100 foot tall monopole tower and two small equipment cabinets to be located on their lease site within the Little Rock Municipal Water Works Jackson Reservoir site on Cantrell Road. The tower site is located on the south side of the lake, adjacent to Reservoir Park, in an area which is heavily wooded. Upon final frequency testing of this site, Sprint's radio frequency engineers discovered that the existing height was not adequate to provide the necessary coverage for the surrounding area. Due to the topography, coverage to the north and southwest of this existing site is very limited. Therefore, Sprint Spectrum is requesting to extend the height of the monopole to 140 feet to solve this problem. As with the first conditional use permit, Sprint Spectrum is requesting a variance to allow the tower to be extended to a height of 140 feet. The Zoning Ordinance allows a maximum height of 75 feet for ground -mounted towers. The original conditional use permit (April 25, 1996) allowed a maximum height of 100 feet. A positive aspect of this request is that the height extension will allow for one additional wireless carrier. The increased height will provide an opportunity for another carrier to mount around the 120 foot level. 2 April 3, 1997 SUBDIVISION ITEM NO.: E (Cont.) FILE NO • Z -6118-A The existing 100 foot monopole is definitely very secluded and has a minimal amount of visibility from the surrounding properties. With the 40 foot height extension, the tower should continue to have minimal visibility from the east, west and north. However, staff has concerns that the increased tower height may have adverse impacts on the large single family residential area to the south. Staff understands that Sprint Spectrum, as well as the other wireless carriers, is mandated by the FCC to provide a certain level of coverage and service to its customers. Staff suggests that Sprint Spectrum provide justification to the Commission which shows that the increased height is necessary to satisfy this federally mandated level of coverage and service. Staff also suggests that Sprint Spectrum present the Commission with information (photographs, elevations, etc.) which shows exactly what the visual impact will be on the surrounding properties, especially to the south. 8. Staff Recommendation: Staff recommends that the applicant provide the Planning Commission with justification of the 40 foot height extension request and information which shows exactly what the visual impact will be on the surrounding properties. If, based on this information, the Commission approves the revised conditional use permit, staff recommends the following conditions: 1. Compliance with the Little Rock Fire Department Comment 2. The height extension must be constructed to allow a second wireless carrier at or near the 120 foot level. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Drew Basham and Chris deBin were present, representing the application. Staff gave a brief description of the proposal. Drew Basham presented the Committee with photos depicting the proposed height extension's visibility from surrounding properties. April 3, 1997 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -6118-A There was a lengthy discussion concerning whether or not the proposed 140 foot monopole would be visible from surrounding properties. The Committee recommended that the applicant notify the single family residents to the south who may be visually impacted by the increased height. After further discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) The staff informed the Commission that the City Attorney's Office had requested a deferral of this item. Staff also informed the Commission that the deferral would not be charged to the applicant. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 3, 1997 agenda. A motion to that effect was made. The motion was passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (MARCH 20, 1997) The City Attorney's Office has requested that staff defer all monopole/tower items on the April 3, 1997 agenda. The City Attorney may wish to brief the Planning Commission as to this matter. Staff recommends that Z -6118-A be deferred to the May 15, 1997 Planning Commission meeting. This deferral will not be charged to the applicants. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Drew Basham, Randy Frazier and Chris deBin were present, representing the application. Staff gave a brief description of the request. Randy Frazier, attorney for Sprint, addressed the Commission in favor of the revised conditional use permit. He gave a brief description of the area and the notices sent by Sprint to the residents to the south. Mr. Frazier presented the Commission with computer-generated graphics to show what the tower will look like after the height extension. Mr. Frazier also addressed the co -location of an additional carrier on this tower at the 120 foot level. 4 April 3, 1997 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -6118-A There was a brief discussion concerning the co -location issues associated with this tower. There was further discussion regarding the reasons for the height extension. Ruth Hell spoke to the application. She asked if the tower could be made to look like a pine tree. Randy Frazier stated that it could be done but would not be feasible in this case because the tower was so much taller than the existing trees in the area. A motion was made to approve the application as recommended by staff. The motion passed by a vote of 9 ayes, 1 nays and 1 absent. 5 April 3, 1997 ITEM NO.: F FILE NO.: Z-6239 NAME: ASHER CAR SALES -- PLANNED COMMERCIAL DISTRICT "PCD" (Z-6239) LOCATION: Asher Avenue at Oak Street DEVELOPER: ENGINEER: Lynton Egbosimba None 2608 South Maple Street Little Rock, AR 72204 AREA: .32 ACRES NUMBER OF LOTS: N/A FT. NEW STREET: 0 ZONING: R-3 to PCD PLANNING DISTRICT: #9 I-630 CENSUS TRACT: 12 VARIANCES/WAIVERS REQUESTED: None STAFF ANALYSIS• This proposed rezoning was previously deferred because the application is incomplete. The applicant has not submitted a project exhibit drawn to scale and a written project description. The applicant has had approximately 60 days to provide this information to staff. The submittal remains incomplete. STAFF RECOMMENDATION: Denial of the rezoning request. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Larry Jones indicated that staff cannot review the submittal because the filing is incomplete. The Committee deferred the item to the March 13, 1997 Subdivision Committee meeting. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was included in the Consent Deferral Agenda and scheduled for the April 3, 1997 Planning Commission meeting. April 3, 1997 SUBDIVISION ITEM NO.: F (Cont.) FILE NO.: Z-6239 A motion to approve the Consent Agenda passed with 11 ayes, 0 nays and 0 absent. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) This item was not considered by the Subdivision Committee. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Larry Jones presented the staff report. He indicated that the application was incomplete. The applicant was not present. Motion to approve the rezoning. The motion failed with 0 ayes, 9 nays and 2 absent. 2 April 3, 1997 ITEM NO.: 1A FILE NO.: Z-6278 NAME: Sports Authority Long -Form PCD (Z-6278) LOCATION: Frontage Chenal Parkway and Autumn Road. North of Chenal Parkway and west of Autumn Road. DEVELOPER: Dan Moody III Moody Rambin Interest, Inc. 6100 Hillcroft, Ste. 600 Houston, TX 77081-1006 AREA: 5.93 ACRES ZONING: Existing R-2 Proposed PCD PLANNING DISTRICT: #11 I-430 CENSUS TRACT: 24.04 VARIANCES/WAIVERS REQUESTED: STAFF RECOMMENDATIONS: ENGINEER• Robert Brown Development Consultants, Inc. 10809 Executive Center Dr. Suite 210 Little Rock, AR 72211-6021 PROPOSED USES: None • Retail Commercial • office DEFERRAL of this proposed zoning until the Planning Commission meeting of April 17, 1997. This will allow Planning and Public Works staffs to meet with the Birchwood Neighborhood Association to discuss drainage concerns. The applicant has agreed to this two week deferral. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Robert Brown presented the project. Staff requested the following information from the applicant: • signage and lighting plan • list of proposed office uses • hours of operation for Sports Authority • dumpster locations • consider providing a turnout for CATA April 3, 1997 SUBDIVISION ITEM NO.: lA (Cont.) FILE NO.: Z-6278 The item was tentatively scheduled for the April 13, 1997 Planning Commission. A Land Use Plan change for this site will be considered by the Planning Commission on March 20, 1997. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This rezoning was included in the Consent Deferral Agenda. The item will be heard by the Planning Commission on April 17, 1997. Motion to approve the Consent Agenda passed with 10 ayes, 0 nays and 1 absent. E April 3, 19'.97 ITEM NO.: 1B FILE NO.: G-23-264 Name: General Location: Applicant: Request: STAFF REVIEW• Bristol Drive - Exclusive Right -of -Way Abandonment North of Chenal Parkway, east of Bowman Road Development Consultants by Robert Brown To abandon the 50 foot platted Bristol Drive right-of-way north of Lots 20 and 21, Montclair Heights Subdivision; and a small portion of excess Chenal Parkway right-of-way; and to abandon any easements located within the rights-of- way. 1. Public Need for this Right-of-Wav There is no public need for this street right-of-way. 2. Master Street Plan The Master Street Plan reflects no need for this street right-of-way. 3. Need for Right -of -Way on Adiacent Streets Dedication to 50 feet from centerline of Chenal Parkway with a 10 foot sidewalk and utility easement will be required as a condition of closure. If entry is planned that takes access to Chenal, dedication must allow for the Master Street Plan required deceleration lane. Surplus right-of- way involved in this closure needs to be evaluated for purchase rather than reversion. 4. Characteristics of Right -of -Way Terrain The street right-of-way is vacant and undeveloped. 5. Development Potential Once abandoned, the area of the proposed abandonment will be incorporated into the adjacent property, which is proposed to become part of the Sports Authority PCD (Z-6278). April 3, 1997 SUBDIVISION ITEM NO.: 1B (Cont.) FILE NO • G-23-264 6. Neighborhood Land Use and Effect The property immediately north and south of this proposed abandonment is part of the proposed Sports Authority PCD (Z-6278). The Best Buy PCD site is located immediately west of the proposed abandonment, with a new commercial development located immediately east. The Birchwood neighborhood is located further to the north. 7. Neighborhood Position No neighborhood position has been voiced (at writing). All abutting property owners as well as the Birchwood Neighborhood Association have been notified of the public hearing. 8. Effect on Public Services or Utilities L.R. Water Works - No objection to abandonment. Dedicate a 15 -foot wide easement for the proposed water main. L.R. Wastewater - No objection to abandonment. No easements required. AP&L - No objection to abandonment. No easements required. Arkla - No objection to abandonment. No easements required. Southwestern Bell - No objection to abandonment. No easements required. There are no utility facilities within the right-of-way. 9. Reversionary Rights All reversionary rights will extend to the Development Group, Inc. and the heirs of Hazel M. Sessions. 10. Public Welfare and Safety Issues Abandoning this street right-of-way will not effect the public welfare and safety. STAFF RECOMMENDATION: Staff recommends approval of the exclusive right-of-way abandonment subject to the applicant working with Little Rock Municipal Water Works and dedicating the 15 -foot wide easement which will accommodate the future water main. 2 April 3, 1997 SUBDIVISION ITEM NO.: 1B (Cont.) FILE NO.: G-23-264 SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Robert Brown was present, representing the application. Staff gave a brief description of the right-of-way abandonment proposal as part of the Sports Authority PCD (Z-6278). David Scherer, of Public Works, reviewed his comments with the Committee. Robert Brown stated that an exclusive abandonment is requested and he would work with Water Works to relocate the proposed water main extension. After a brief discussion the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed 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 was passed by a vote of 9 ayes, 1 nays and 1 absent. 3 April 3, 1997 ITEM NO.: 3 FILE NO.: Z-6277 NAME: H & J Partnership Site Plan Review (Z-6277) LOCATION: 3523 Asher Avenue DEVELOPER: ENGINEER: Danny Webb None H & J Partnership 3523 Asher Avenue Little Rock, AR 72204 AREA: 1.03 acres NUMBER OF LOTS: N/A FT. NEW STREET: N/A ZONING: I-2 PROPOSED USES: Cab operation and repair used car sales PLANNING DISTRICT: #9 I-630 CENSUS TRACT: 12 VARIANCES REOUESTED: None STAFF RECOMMENDATION: DEFERRAL of this item until the May 15, 1997 Planning Commission meeting. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Staff requested that the item be rescheduled for the Subdivision Committee meeting of April 24, 1997. This will allow the applicant to provide an exhibit drawn to scale. The Committee deferred the item as requested by planning staff. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This item was included on the Consent Deferral agenda. The site plan review is to be deferred to May 15, 1997 Planning Commission meeting. Motion to approve the Consent Agenda passed with 10 ayes, 0 nays and 1 absent. April 3, 1997 ITEM NO.: 4 FILE NO.: S -1042-D NAME: Villages of Wellington Phase VI Preliminary Plat (S -1042-D) LOCATION: Generally north of Loyola Drive and the extension of weatherborne Place DEVELOPER: ENGINEER• Winrock Development Co. Frank Riggins 2222 Cottondale Lane The Mehlburger Firm Little Rock, AR 72203 201 South Izard Little Rock, AR 72201 AREA: 14.13 acres NUMBER OF LOTS: 36 FT. NEW STREET: 1,910 PLANNING DISTRICT: #19 Chenal CENSUS TRACT: 42.06 VARIANCES/DEFERRAL REQUESTED: None A. PROPOSAL/REQUEST: The division of 14.13 acres into 36 single family residential lots and one open space common area. This project is an extension of the Winrock Villages of Wellington residential development. B. EXISTING CONDITIONS: The site and the surrounding area are vacant. There are single family homes existing south of Loyola Drive. C. NEIGHBORHOOD COMMENTS: The adjacent property owners and the St. Charles Neighborhood Association were noticed. Staff received no responses from the public on this proposed preliminary plat. D. ENGINEERING COMMENTS: Public Works 1. Provide name for circled loop off Wetherbourne Drive. 2. Construct sidewalk on Wetherborne from Loyola. 3. Provide dedication of a cul-de-sac at the terminus of Wetherborne and construct with access to adjacent property. April 3, 1997 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO • S -1042 -D 4. Minimum right-of-way, street width, centerline radius for street shall be provided on unnamed street. Standard width right-of-way should be provided. Loop Street will not allow adequate frontage for lot 8 to access street. 5. verify sight distance of intersection with Wetherborne Drive. 6. Drainage easement at north line to provide for 100 year rain event shall be provided and building line should be 25 feet from limits of 100 years storm event. 7. Provide Stormwater Detention per Ordinance 14, 7870 and the "Drainage manual". 8. National Pollutant Discharge System (NPDES) and grading permits are required prior to construction, site grading and drainage plan will need to be submitted and approved E. UTILITIES• Wastewater: Sewer main extension required with easements. AP&L: Easements required. Arkla: No response. Southwestern Bell: Easements required. Water: Water main extensions required. Acreage charges apply in addition to normal connection costs. Fire Department: Check with fire department. CATA: Not transmitted. F. ISSUES/TECHNICAL/DESIGN: Landscape: N/A Issues: • Provide key map showing phasing. • Tory Court name not consistent with previous preliminary plat • Add revision dates to plat. • Proposed Weatherborne street names should be reviewed by Fire Department. G. ANALYSIS• The proposed preliminary plat meets the requirements of the Subdivision Ordinance when revised to address the items noted in Section F of this report. H. STAFF RECOMMENDATIONS: APPROVAL of the 36 lot preliminary plat subject to the conditions in this report. No variances are requested. 2 April 3, 1997 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S -1042-D SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Frank Riggins and Sally Boatman presented a revised preliminary plat. Staff requested a key map that shows the various phases of Villages of Wellington. The Committee referred the item to the Planning Commission meeting of April 3, 1997 for consultation. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Larry Jones presented the staff report. Sally Boatman of The Mehlburger Firm presented the plat to the Planning Commission. Ms. Laura Lim, an adjacent property owner, requested that the area be preserved as a -greenbelt.- Motion to approve the preliminary plat. Motion passed with 9 ayes, 0 nays and 2 absent. 3 April 3, 1997 ITEM NO.: 5 FILE NO.: S -285 -BB NAME: The Ranch Preliminary Plat Lot #2 Tract F LOCATION: Adjacent to 6215 Ranch Drive DEVELOPER: ENGINEER: Ranch Properties, Inc. Tim Daters P. O. Box 56250 White-Daters and Associates Little Rock, AR 72215 401 Victory Little Rock, AR 72201 AREA: 2.19 acres NUMBER OF LOTS: 1 FT. NEW STREET: 205 ZONING: 0-2 PROPOSED USES: Future Office PLANNING DISTRICT: #1 River Mountain CENSUS TRACT: 42.05 VARIANCES/DEFERRAL REQUESTED: None A. PROPOSAL/REQUEST: The applicant seeks to create a single 2.19 acre lot for future offices uses within an existing business park. B. EXISTING CONDITIONS: This two acre lot is being developed adjacent to a auto insurance claims center located at 6215 Ranch Drive. Most of the surrounding area within the business park is not developed. C. NEIGHBORHOOD COMMENTS: Staff has received no responses from the public on this proposed preliminary plat. D. ENGINEERING COMMENTS: 1. Five foot sidewalks are required by Ordinance for commercial and multi -family developments. 2. Common access with adjacent lot is recommend by Section 31-210. 3. Grading permit will be required on this new development, if it disturbs more than one acre. April 3, 1997 .SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S -285 -BB 4. Provide stormwater detention per Ordinance 14, 7870 and the "Drainage Manual". 5. Extend street 30 feet beyond drive entrance and dedicate drive entrance for a distance of 30 feet for temporary public access for vehicle turn -a -round. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. E. UTILITIES• Wastewater: Sewer main extension required with easements. AP&L: Approved as submitted. Arkla: No response. Southwestern Bell: Approved as submitted. Water:A water main extension will be required to serve this property. On-site fire protection may be required. Fire Department: Check with fire department. County Planning: No response. CATA: Not transmitted. F. ISSUES/TECHNICAL/DESIGN: Landscape: N/A Issues• • Show all existing streets on the vicinity map. • Provide key map showing this lot in relation to others already recorded. • Illustrate type of turnaround proposed for the western end of Ranch Drive. G. ANALYSIS• The proposed preliminary plat meets the requirements of the Subdivision Ordinance when revised to address the items noted in Section F of this report. H. STAFF RECOMMENDATIONS: APPROVAL of the one lot preliminary plat subject to the conditions listed in this report. There are no waiver request. 2 April 3, 1997 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S -285 -BB SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Tim Daters presented the project. There was some discussion in respect to the piece meal nature of this development. The item was referred to the Planning Commission meeting on April 3, 1997 for consideration. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This item was included in the Consent Approval Agenda. Motion to approve the Consent Agenda was passed with 10 ayes, 0 nays and 1 absent. 3 April 3, 1997 ITEM NO.: 6 FILE NO.: S-1128 NAME: Pine Hill Addition Replat (S-1128) LOCATION: On north side of West 23rd Street and east of Walker Street DEVELOPER: ENGINEER• City of Little Rock Dan Clinton Dept. of Housing and Grimes Consulting Engineering Neighborhood Programs 3700 Cantrell #106 615 West Markham Little Rock, AR 72202 Little Rock, AR 72201 AREA: .45 acres NUMBER OF LOTS: 3 FT. NEW STREET: 226 ZONING: R-2 PROPOSED USES: Single Family Residential PLANNING DISTRICT: #10 Boyle Park CENSUS TRACT: 24.03 VARIANCES/DEFERRAL REQUEST: • Minimum lot frontage and size • Sidewalks A. PROPOSAL/REQUEST: The replat of 19,713 square feet into 3 single family residential lots of 6,571 square feet each. A public turnaround will be provide adjacent to Lot 2 and 3. The purpose of the land division is to allow the CDBG program to construct 3 homes for purchase by low -moderate income families. B. EXISTING CONDITIONS: The surrounding area is a mixture of vacant property and small lot residential structures. The south side of West 23rd Street is developed with small homes. The project will add curb and gutter to the north side of the street. There are no sidewalks in the area. April 3, 1997 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: 5-1128 C. NEIGHBORHOOD COMMENTS: The adjacent property owners were notified and the John Barrow Neighborhood Association. Staff has received no responses from the public on this proposed replat and variances. D. ENGINEERING COMMENTS: Public Works 1. Ten foot drive shall be a concrete apron per City of Little Rock standards. 2. According to the closure documents provided, the closed Gilman Street is not retained as a utility easement and drainage easement. The only requirement was to provide for existing utilities. 3. Grading permit will be required on this new development, if it disturbs more than one acre. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. The Traffic Engineer. requests deleting the 50 foot curb and gutter transition section and pave to Walker Street with 24 foot total width in -lieu of curb and gutter. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING Wastewater: Sewer available not adversely affected. AP&L: Approved as submitted. Arkla: No comment Southwestern Bell: Approved as submitted. Water:No objection. Fire Department: No objection. CATA: Not transmitted. F. ISSUES/TECHNICAL/DESIGN: Issues• • Show topography. • Add name and address of developer. G. ANALYSIS• Planning Staff supports the request for waiver of sidewalks. They also support a variance of Subdivision Ordinance Section 31-232(a) "Lots -dimensions generally.• This will allow a lot width of 58.67 feet versus a minimum standard of 60 feet. The lot size variance would allow the three 2 April 3, 1997 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO • S-1128 parcels at 6,571 square feet in respect to the minimum "R -2 - standard of 7,000 square feet. Staff feels the smaller lot size is appropriate since there is land developed in the area with "R-3- zoning and 5,000 square feet minimum lots. H. STAFF RECOMMENDATIONS: APPROVAL of three lot replat for Pine Hill Addition with plat conditions noted in Section F of this report. Action on the variances for minimum lot width and size plus the sidewalk waiver will require separate action by the Planning Commission. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Dan Clinton and representatives from the City CDBG program were present. There was no discussion on the item. The replat was referred to the Planning Commission meeting of April 3, 1997 for consideration. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This preliminary plat and variance were included in the Consent Approval Agenda. Motion to approve the Consent Agenda passed with 10 ayes, 0 nays and 1 absent. 3 April 3, 1997 ITEM NO.: 7 FILE NO.: S-1129 NAME: Marsh Preliminary Plat (S-1129) LOCATION: 920 Asbury Road DEVELOPER: ENGINEER: Roger and Loretta Marsh Robert Holloway 920 Asbury Road 200 Casey Drive Little Rock, AR 72211 Maumelle, AR 72113 AREA: 4.76 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Single Family residential PLANNING DISTRICT: #18 Ellis Mountain CENSUS TRACT: 42.06 VARIANCES/DEFERRAL REQUESTED: • Waiver of street improvements and sidewalks A. PROPOSAL/REQUEST: The division of 4.76 acres into two lots for single family uses. Lot 1 will be available for future development. Lot 2 has an existing home and two out buildings. Access from both lots will be from Asbury Road. B. EXISTING CONDITIONS: The surrounding area is a rural residential neighborhood. The site is partially wooded with some topographic variation. C. NEIGHBORHOOD COMMENTS: Adjacent property owners and Parkway Place Neighborhood Association were notified about this preliminary plat. Staff has received no responses from the public on this proposal. April 3, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO • 5-1129 D. ENGINEERING COMMENTS: Public Works 1. Asbury is listed as a residential street and dedication to 25 feet from centerline is all that is required unless other than R-2 uses are planned for this property. 2. If R-2, staff will support a conditional waiver of street improvements. E. UTILITIES• Wastewater: Sewer main extension required with easements. Property cannot connect to Cedar Ridge Pump Station. AP&L: Easements required. Arkla: No comment Southwestern Bell: Easements required. Water:Pro rata front footage charge of $7.50/front foot for 546 feet ($4,095 to E. 5646) and acreage charge for 4.76 acres at $300/acre ($1,428) apply for water service in addition to normal connection fees. Fire Department: Check with fire department. County Plannincr: No response. LATA: Not transmitted. F. ISSUES/TECHNICAL/DESIGN: Landscape• N/A Issues• • Provide usable vicinity map. • Show square footage of existing structures. • Provide lot size summary on plat. G. ANALYSIS• The proposed preliminary plat meets the requirements of the Subdivision Ordinance when revised to address the items noted in Section F of this report. Planning Staff takes no position on the waiver request. David Scherer will comment on the request for waiver/deferral of sidewalk and street improvements. 2 April 3, 1997 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO • S-1129 H. STAFF RECOMMENDATIONS: APPROVAL of the two lot preliminary plat subject to the conditions listed in this report. Planning Staff is making no recommendation of the requested waiver of sidewalk and street improvements. The waiver issue requires a separate motion by the Planning Commission. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Bob Holloway and Roger Marsh were present to discuss the preliminary plat. There was little conversation in respect to the proposal. The Subdivision Committee indicated that the preliminary plat should be sent to the Planning Commission meeting on April 3, 1997 for consideration. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Larry Jones presented the staff report. There was no opposition to the preliminary plat. There was one letter in opposition to the waiver of street improvements and sidewalks. Mr. Ronald Clesi stated in his letter dated March 28, 1997 in part: "...I have been trying for many years to get the City of Little Rock to repair the erosion and put lights along Asbury (road)." Planning Staff also noted that there was one additional call opposed to the street improvement waiver. David Scherer indicated that Public Works Staff was supportive of the waiver request. Planning Staff took no position on the waiver request there was little discussion on the item. Motion to approve the preliminary plat. Motion passed with 9 ayes, 0 nays and 2 absent. Motion to approve the waiver of street improvements passed with 9 ayes, 0 nays and 2 absent. 3 ,. April 3, 1997 ITEM NO.: 9 FILE NO.: S-1130 ,A&S ` Sre S -7y / $ NAME: Kerr Addition Preliminary Plat (S-1130) LOCATION: South of 65th Street and immediately east of I-30 DEVELOPER: ENGINEER: Kerr Paper and Supply Co. Pat McGetrick 8100 Scott Hamilton Dr. McGetrick Engineering Little Rock, AR 72209 11225 Huron Lane Little Rock, AR 72211 AREA: 1.89 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: I-2 PROPOSED USES: Industrial PLANNING DISTRICT: #13 65th Street CENSUS TRACT: 41.07 VARIANCES/DEFERRAL REQUEST: None A. PROPOSAL/REQUEST: To create one approximately 2 acre parcel to be used for I-2 uses. B. EXISTING CONDITIONS: The parcel is vacant. The site is easily accessible to I-30 via the 65th Street interchange. Freeway related commercial activities are located at the interstate. Other land uses are warehousing and industrial. C. NEIGHBORHOOD COMMENTS: Staff has received no responses from the public on this proposed preliminary plat. D. ENGINEERING COMMENTS: Public Works 1. A grading permit and development permit for special flood hazard area are required prior to construction. Minimum Finish Floor elevation of 258 is required. April 3, 1997 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: S-1130 2. All driveways shall be concrete aprons per City Ordinance. 3. Widen street to minimum 18 feet from centerline or add shoulder per Industrial Street Standards for I-30 access road. Subject to AHTD approval. 4.Stormwater detention ordinance applies to this property. 5. Currently site is located in a sidewalks exclusion zone. E. UTILITIES• Wastewater: Sewer main extension required with easements. AP&L: Approved as submitted. Arkla: No response. Southwestern Bell: Approved as submitted. Water: No objection. Fire Department: Check with fire department. LATA: Not transmitted. F. ISSUES/TECHNICAL/DESIGN: Landscape• N/A Issues• • None outstanding G. ANALYSIS• The proposed preliminary plat meets the requirements of the Subdivision Ordinance. H. STAFF RECOMMENDATIONS: APPROVAL of the one lot preliminary plat subject to the conditions in this report. No variances, waivers, or deferrals are requested. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Pat McGetrick presented the project. Larry Jones asked Mr. McGetrick to demonstrate to staff that the property is a "lot of record". Mr. McGetrick will provide this information to the Planning Department by Wednesday, March 19, 1997 at 5:00 p.m. if the item is to remain on the Planning Commission agenda for April 3, 1997. ,April 3, 1997 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO • S-1130 The item is to be referred to the Planning Commission meeting on April 3, 1997 if the information noted above is provided to staff. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The item was included in the Consent Deferral Agenda. The plat will be heard April 17, 1997 by the Planning Commission providing that the project engineer submits a revised plat to planning staff by 5:00 p.m. Monday, April 7, 1997. Motion to approve the Consent Agenda. Motion passed with 10 ayes, 0 nays and 1 absent. 3 April 3, 1997 ITEM NO.: 11 FILE NO.: Z-6279 NAME• LOCATION• Otter Creek Park - Conditional Use Permit 11,500 Block of Stagecoach Road OWNER/APPLICANT: City of Little Rock Parks and Recreation Department PROPOSAL: A conditional use permit is requested to allow for construction of a public park. The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1. Site Location: The proposed site is located on the west side of Stagecoach Road, approximately 1/2 mile south of Otter Creek Road. 2. Compatibility with Neighborhood: The Otter Creek neighborhood is located immediately north of the proposed park site. Vacant multifamily zoned property is located to the east with single family zoned property located across Stagecoach Road to the southeast. Industrial zoned property is located to the south, across Fourche Creek. The property immediately west of the proposed park site is in Saline County. The proposed park should not have an adverse effect on the surrounding property. The Otter Creek Neighborhood Association has been notified of the public hearing. 3. On -Site Drives and Parking: Access to the site will be gained by utilizing a driveway from Stagecoach Road. The City's Zoning Ordinance does not have a specific off-street parking requirement for a public park. As a point of reference, the Zoning Plan for Central Little Rock Urban Renewal Project does not require any off- street parking for a public park or public playfield. April 3, 1997 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6279 The proposed site plan shows 482 parking spaces (62 within the floodway). This number of parking spaces should be adequate to serve the proposed park. 4. Screening and Buffers: A six foot high opaque screen is required to screen the business activity of this site from the residential properties to the north, east and west. Credit toward fulfilling this requirement can be given for natural dense vegetation which will provide year round screening. Additional screening can be provided with additional evergreen plantings or wood fencing. 5. Public Works Comments: 1.A Department of the Army Permit Application must be filed with the Little Rock District, U.S. Army Corps of Engineers and necessary approvals must be obtained for wetlands, dredge and fill operations, and grading within the regulatory floodway of Fourche Creek. (Wetlands were previously identified on this site, although no formal delineation has been made). 2.A NPDES Notice of Intent for Stormwater Discharges Associated with Industrial Activity from Construction Sites must be filed with the Arkansas Department of Pollution Control and Ecology, with an appropriate pollution prevention plan, at least 48 hours prior to construction. 3.A Special Flood Hazard Area Development Permit is required for construction within the floodplain. Floodway improvements will require a engineering demonstration (hydraulic and/or hydrological modeling) that the improvements, including grading, soccer fields, lake, pond, platforms, entry, signs and all other floodway improvements will not increase base flood elevations at any point within the community's floodplain. Structural improvements within the floodway are prohibited, and a variance from that prohibition will be required prior to permitting. 4. A Grading Permit is required, with a complete grading and drainage plan meeting the requirements of municipal code, prior to construction. 5.Stormwater detention ordinance applies to this property. 6.Stagecoach Road is a minor arterial on the Master Street Plan. Current construction is two lanes with shoulders. 7. Stagecoach Road has a 1995 average daily traffic count of 7,600. 2 April 3, 1997 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO Z-6279 8. Parks has requested a waiver of street improvements to Stagecoach Road. The Planning Commission should consider this request and make a recommendation. AHTD approval will be required and has been asked to comment on proposed plan. There is not a planned widening of Stagecoach Road. The Traffic Engineer recommends adding left turn lane on Stagecoach Road. Verify sight distance on Stagecoach for safe intersection sight distance per AASHTO green book requirements. 6. Utility and Fire Department Comments: L.R. Wastewater - Sewer available on South portion of Property. Easement for existing outfall must be retained and protected. Sewer extension for different areas shall be private and maintained by the Developer. 6A. CATA: No Comment. No transportation issues. 7. Staff Analysis: The applicant, City of Little Rock Parks and Recreation, is requesting a conditional use permit to allow for the construction of a public park on approximately 150 acres of land located immediately south of the Otter Creek Neighborhood, along Stagecoach Road. The property is zoned R-2. The proposed park will include four soccer fields, two practice soccer fields, a baseball field, six tennis courts, volleyball and playground areas, two lakes, various pavilions and restroom facilities, and 482 parking spaces with driveways. A maintenance facility is also proposed which will be located at the northeast corner of the property. The entrance drive from Stagecoach Road, 114 parking spaces, one pavilion, a playground area, two soccer fields, two practice soccer fields and the smaller of the two lakes is proposed to be phase I construction. The remainder of the park will be constructed in future phases. One ground -mounted sign is proposed to be located near the Stagecoach Road entry. The sign will be six (6) feet in height, 44 square feet in area and at least five (5) feet from the property line. This complies with City Ordinance. 3 . April 3, 1997 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO • Z-6279 A pedestrian entrance is planned along the north property line to the Otter Creek Neighborhood. According to Parks, the neighborhood has approved this entrance. Approximately 62 of the parking spaces, the two practice soccer fields, two volleyball areas, the two lakes, and entrance drive are located in the floodway. As noted in the public works comments, Parks is having an engineering study done to show what, if any, impact these proposed improvements will have on the floodway/floodplain. This information will be provided at the public hearing. The City's Zoning Ordinance does not have a specific off-street parking requirement for a public park. As a point of reference, the Zoning Plan for Central Little Rock Urban Renewal Project does not require any off- street parking for a public park or public playfield. The proposed site plan shows 482 parking spaces (62 located within the floodway). This number of parking spaces should be adequate to serve the proposed park. Any lighting of the site will be directed away from adjacent residential property. As noted in the Public Works Comments, Parks and Recreation is requesting a waiver of street improvements to Stagecoach Road. Parks has stated that the funding is not available to construct the improvements. In considering this request, the Commission should make a separate recommendation which will be forwarded to the Board of Directors. A public park is considered to be an appropriate use within single family residential zoning, and a conditional use permit does not require an amendment to the City's future land use plan. However, staff will take a detailed look at this proposed park site to determine if, because of the size of the proposed park, an amendment to the land use plan will be necessary. There has been an application filed (May 1, 1997 agenda) for amendment of the land use plan for another tract of land in this immediate area. If staff determines a land use plan amendment is necessary for the park property, the application which has been filed will be expanded to include the area of the proposed park and presented to the Commission on May 1, 1997. The Master Parks Plan must be amended to add this new site. The City of Little Rock Parks and Recreation Department must initiate this amendment. 4 April 3, 1997 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-6279 There is an existing natural buffer area immediately north of the park property, between the park property and the Otter Creek Neighborhood. With this buffer area plus the buffer area that Parks will provide along the north property line, the proposed park should not have an adverse impact on the existing single family residences to the north. The proposed park should also have no adverse impact on the vacant property to the east and west or the industrial zoned property to the south. 8. Staff Recommendation: Staff supports the use of this property as a public park. However, staff cannot support the conditional use permit until the floodway issue has been resolved. The engineering study will need to show that the improvements planned in the floodway will not increase the base flood elevations at any point within the community's floodplain. Otherwise, the proposed improvements will need to be removed from within the floodway. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Mark Webre, of Parks and Recreation, was present, representing the application. He gave a brief description of the proposal. David Scherer, of Public Works, reviewed his comments with the Committee. He discussed the floodway issues associated with this property. He also noted that Parks is requesting a waiver of street improvements to Stagecoach Road. Mark Webre stated that Parks and Recreation does not have funds to construct the street improvements. Monte Moore, of Planning Staff, stated that an amendment in the Master Parks Plan will be required and an amendment in the Land Use Plan may be necessary. Mr. Webre stated that the park hours would be approximately 7:00 a.m. to 10:00 p.m. After further discussion, the Committee accepted the Presentation and forwarded the issue to the full Commission for final action. 5 April 3, 1997 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: z-6279 PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff informed the Commission that Parks had requested a deferral to the May 15, 1997 agenda to continue to resolve the floodway issues associated with the property. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 15, 1997 Subdivision Agenda. A motion to that effect was made. The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. 6 April 3, 1997 ITEM NO.: 12 FILE NO.: Z -3766-A. NAME: LOCATION• OWNER/APPLICANT• Asbury United Methodist Church - Conditional Use Permit 1700 Napa Valley Road Asbury United Methodist Church/The Mehlburger Firm by Greg Sullivan PROPOSAL: A conditional use permit is requested to allow for the construction of a 133 space parking lot addition to the existing church site. The property is zoned R-2. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site is located on the west side of Napa Valley Road, approximately one block south of Hinson Road. 2. Compatibility with Neighborhood: The proposed site is located immediately north of the existing Asbury United Methodist Church site, between Asbury and Fellowship Bible Church. Pulaski Academy School is located immediately west, with the Marlow Manor Subdivision to the southwest. Single-family residences are located across Napa Valley Road to the east. The proposed parking lot expansion should not have an adverse effect on the surrounding property. The Marlow Manor, Rainwood Cove and Pleasant Valley Neighborhood Associations have been notified of the public hearing. 3. On -Site Drives and Parking: Access to Phase I of the proposed parking lot addition will be gained by utilizing the existing drives on the church site. Phase II of the proposed parking lot addition will include a new drive to Napa Valley Road. There are 197 parking spaces on the existing church site. The proposed parking lot addition will include April 3, 1997 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z -3766 -A 133 parking spaces (53 - phase I, 80 - phase II) for a total of 330 parking spaces. 4. Screening and Buffers: Areas set aside for landscaping and buffer meet with ordinance requirements. The buffer width along Napa Valley Road meets the ordinance requirement of 20 feet when average out though a portion of the proposal drops to a width of 14 feet. 5. Public Works Comments: 1. Grading permit will be required on this new development, if it disturbs more than one acre. 2. All driveways shall be concrete aprons per City Ordinance. 3. Stormwater detention ordinance applies to this property. 4.A dedication of right-of-way will be required to 45 feet from centerline for this 5 lane minor arterial. 5. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards with any planned construction of Phase 2. 6. Consult with Traffic Engineer concerning additional drive to the north with respect to Napa Valley improvement project which is to be designed this year and should be constructed within 2 years. 7. Napa Valley Road has a 1995 average daily traffic count of 9,800. 6. Utility and Fire Department Comments: No Comments. 7. Staff Analysis: The applicant, Asbury United Methodist Church, is requesting a conditional use permit to allow for the expansion of their parking lot to the vacant lot immediately north of the church site, between the church site and the Fellowship Bible Church site. Phase I of the parking lot expansion will include 53 parking spaces. Access to phase I parking will be gained by utilizing existing drives from the church site. E April 3, 1997 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z -3766-A Eighty (80) parking spaces will be added with phase II. Phase II will also include an additional access driveway to Napa Valley Road. Any site lighting will be low-level and directed away from adjacent property. With compliance to the conditions noted in the next paragraph, the proposed parking lot expansion should not have an adverse effect on the surrounding property. 8. Staff Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. Compliance with the Public Works Comments 2. Compliance with the Screening and Buffers Comments 3. Any site lighting will be low-level and directed away from adjacent property. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Greg Sullivan and Frank Riggins were present, representing the application. Staff gave a brief description of the proposal. David Scherer, of Public Works, reviewed Public Works Comments with the Committee. Monte Moore, of Planning Staff, stated that a revised plan needs to be submitted to show the two phases of construction. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. 3 April 3, 1997 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.• Z -3766-A The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. 4 April 3, 1997 ITEM NO.: 13 FILE NO.: Z -5038-C NAME: SEVEN ACRES BUSINESS PARK LOT 34 -- REVISED "POD" LOCATION: 5 Seven Acres Drive - South side of State Highway 10 and east of Bella Rosa Road DEVELOPER: ENGINEER• Alltel Mobile None Faulk & Foster R.E. Services 1011 North 4th Street Monroe, LA 71207 AREA: 40' X 35' NUMBER OF LOTS: N/A FT. NEW STREET: N/A ZONING: POD PROPOSED USES: 150 feet monopole, and equipment building PLANNING DISTRICT: #1, River Mountain District CENSUS TRACT: 42.06 VARIANCES REQUESTED: None STAFF RECOMMENDATION: DEFERRAL: The City Attorney's Office requested that staff defer the three monopole items filed by Alltel for the April 3, 1997 subdivision cycle. Stephen Giles may wish to brief the Planning Commission as to this matter. Staff recommends that (Z -5038-C) be deferred to the May 15, 1997 Planning Commission meeting. This deferral will not be charged to the applicants. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) This item was not scheduled for review by the Subdivision committee. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This item is to be deferred to the May 15, 1997 Planning Commission meeting. Motion to approve the Consent Agenda passed with 10 ayes, 0 nays and 1 absent. April 3,1997 ITEM NO.: 14 FILE NO.: Z -4061-A NAME: Alltel (Cantrell Road Site) - Conditional Use Permit LOCATION: 8114 Cantrell Road OWNER/APPLICANT: Cantrell Road Partnership/ Alltel by Carrick Inabnett PROPOSAL: A conditional use permit is requested to allow for the placement of a 12 foot by 16 foot equipment building in association with the co - location of nine (9) cellular communication antennas on the existing KSSN office building at 8114 Cantrell Road. The property is zoned C-3. ORDINANCE DESIGN STANDARDS: 1. Site Location: The KSSN Building is located at 8114 Cantrell Road, the north side of Cantrell Road just west of Foxcroft Road. 2. Compatibility with Neighborhood: The Foxglen Apartment complex is located immediately north of this existing office site. A mixture of office and commercial uses exists to the east and west, along Cantrell Road. The uses to the south, across Cantrell Road, include a mixture of multifamily, office and commercial. With the existing screening along the north property line and the proposed screening around the equipment building, the proposed use should not have an adverse effect on the adjacent property. 3. On -Site Drives and Parking: Access to the site is gained by utilizing an existing drive from Cantrell Road. The proposed equipment building will not occupy any of the existing parking for the KSSN office building. April 3, 1997 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z -4061-A Parking will be provided at the equipment building for a service technician who will occasionally visit the site. No additional parking is required. 4. Screening and Buffers: No Comments. 5. Public Works Comments: Dedicate fifteen (15) feet additional right-of-way for Cantrell Road. 6. utility and Fire Department Comments: No Comments. 7. Staff Analysis: The applicant, Alltel, is requesting a conditional use permit to allow for the placement of a 12 foot by 16 foot equipment building at the northeast corner of the existing KSSN office building at 8114 Cantrell Road (zoned C-3). The equipment building is in association with nine (9) antennas which will be placed on the KSSN office building. The equipment building will stand ten (10) feet in height. The equipment building will be enclosed by an eight (8) foot high wooden privacy fence, which will match the type of fence currently existing along the north and east property lines. The final plat of this lot (Lot 1, Fox Glenn Subdivision 5-227-B) shows a 40 foot building line parallel to the north property line. The proposed equipment building is located within this 40 foot setback. Therefore, the applicant will need to file a one -lot replat of this property which will amend the building line. The applicant will need to file the replat as a condition of this application. The proposed equipment building will serve the proposed co -location of antennas along the roof line of the existing KSSN office building. There will be nine (9) antennas (three (3) groups of three (3)) located along the north roof line of the office building. Each antenna will be four (4) feet tall, one (1) foot wide, and one (1) foot deep. The antennas will be the same color as the roof, which will allow them to blend into the building. E April 3, 1997 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z -4061-A The City's Planning Staff strongly encourages the wireless carriers to co -locate facilities wherever possible. Staff feels that this is an excellent example of a co -location, which should have little or no impact on adjacent properties. 8. Staff Recommendation: Staff recommends approval of the conditional use permit subject to the following conditions: 1. Compliance with the Public works Comment 2. The applicant must file a one -lot replat to amend the 40 foot building line which runs parallel to the north property line. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Carrick Inabnett was present, representing the application. Staff gave a brief description of the proposal. Monte Moore, of the Planning Staff, noted that the equipment building would not occupy any of the existing parking for the office building. There was a brief discussion concerning the placement of the building and the surrounding uses. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed 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 was passed by a vote of 10 ayes, 0 nays and 1 absent. 3 April 3, 1997 ITEM NO.: 15 FILE NO.: Z-6275 NAME: LOCATION: OWNER/APPLICANT: PROPOSAL: STAFF RECOMMENDATION: Alltel (Roosevelt Road Site) - Conditional Use Permit 3000 West Roosevelt Road William T. McCauley/Alltel by Carrick Inabnett A conditional use permit is requested to allow for the construction of a 180 foot tall cellular monopole tower and a 12 foot by 28 foot equipment building. The property is zoned C-3. DEFERRAL: The City Attorney's Office requested that staff defer the three monopole items filed by Alltel for the April 3, 1997 subdivision cycle. The City Attorney may wish to brief the Planning Commission as to this matter. Staff recommends that (Z-6275) be deferred to the May 15, 1997 Planning Commission meeting. This deferral will not be charged to the applicants. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) This item was not scheduled for review by the Subdivision Committee. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff informed the Commission that the item needed to be deferred to the May 15, 1997 Agenda at the request of the City Attorney's Office. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 15, 1997 Subdivision Agenda. A motion that effect was made. The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. April 3, 1997 ITEM NO.: 16 FILE NO.: Z-6276 NAME: Alltel (Gordon Road Site) - Conditional Use Permit LOCATION: West side of Gordon Road, just north of Denny Road OWNER/APPLICANT: Deltic Timber Corp./Alltel by Carrick Inabnett PROPOSAL: A conditional use permit is requested to allow for the construction of a 180 foot tall cellular monopole tower and a 12 foot by 28 foot equipment building. The property is zoned R-2. STAFF RECOMMENDATION: DEFERRAL: The City Attorney's Office requested that staff defer the three monopole items filed by Alltel for the April 3, 1997 subdivision cycle. The City Attorney may wish to brief the Planning Commission as to this matter. Staff recommends that (Z-6276) be deferred to the May 15, 1997 Planning Commission meeting. This deferral will not be charged to the applicants. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) This item was not scheduled for review by the Subdivision Committee. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff informed the Commission that the item needed to be deferred to the May 15, 1997 Agenda at the request of the City Attorney's Office. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 15, 1997 Subdivision Agenda. A motion that effect was made. The motion was passed by a vote of 10 ayes, 0 nays and 1 absent. April 3, 1997 ITEM NO.: 17 FILE NO.: Z -5055-B NAME• LOCATION: OWNER/APPLICANT• PROPOSAL: ORDINANCE DESIGN STANDARDS: 1. Site Location: Chenal Country Club - Revised Conditional Use Permit #10 Chenal Club Blvd. Deltic Timber Co./White-Daters and Associates by Tim Daters A revised conditional use permit is requested to allow for the following additions to the existing country club (zoned R-2): 1. Additions to the existing clubhouse building. 2. Construction of a 3,400 square foot snack bar building. 3. Construction of 130 additional parking spaces 4. Construction of an additional putting green. The existing Chenal Country Club site is located at the end of Chenal Club Boulevard, which runs southwest from Chenal Parkway. 2. Compatibility with Neighborhood: The Chenal Country Club property is bounded by the Chenal golf course to the south and west. There is vacant single-family and multifamily zoned property to the north. The Chenal Marketing Center is located immediately east. The proposed additions to the existing country club should not have an adverse impact on the surrounding properties. 3. On -Site Drives and Parking: Access to the site is gained from Chenal Club Blvd. April 3, 1997 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z -5055-B A total of 530 parking spaces is required for the clubhouse with additions. The site plan shows 438 parking spaces for Phase I and II. The applicant proposes 130 new parking spaces with the current additions for a total of 568 parking spaces. 4. Screening and Buffers: Areas set aside for buffers and landscaping meet with ordinance requirements. However, four of the proposed tennis courts extend over into the full buffer width requirement of 40 feet. A six foot high opaque screen, either dense evergreen plantings or a wood fence with its face side directed outward is required adjacent to residential areas to the north. Curb and gutter or another approved border is required to protect landscaped areas. The City Beautiful Commission strongly recommends that as many existing trees be preserved as feasible. The Landscape Ordinance allows extra credit be given for preserving trees of six inch caliper or larger. 5. Public works Comments: 1.A sketch grading and drainage plan, a special f lood hazard permit, and a special grading permit for flood hazard areas is required. Arkansas Department of Pollution Control and Ecology (ADPCE) and National Pollutant Discharge Elimination System (NPDES) permit are required for this work. 2.Stormwater detention ordinance applies to this property. 3. This is a private street to the property line. 6. Utility and Fire Department Comments: Fire Department - Show fire hydrant connections on building and fire hydrants on site plan. L.R. Water Works - No objection. This construction will possibly require relocation of some private water facilities. 7. Staff Analysis: The applicant, Chenal Country Club, is requesting a revised conditional use permit to allow for the following additions to the existing country club site (zoned R-2): April 3, 1997 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z -5055-B 1. 30,000 square foot additions to the existing clubhouse building. 2. Construction of a 3,400 square foot snack bar building. 3. Construction of 130 additional parking spaces. 4. Construction of a new putting green. On May 16, 1989 the Little Rock Planning Commission approved a conditional use permit for the construction of the Chenal Country Club. The conditional use permit was approved for two (2) phases. Phase I, which has been completed, consists of the clubhouse building, parking areas, swimming pool and pool house, and six (6) tennis courts. Phase II, a future phase, consists of two additional parking areas and twelve (12) additional tennis courts. The current proposed additions to the site will be constructed before phase II. The 30,000 square foot addition to the existing clubhouse will bring the total square footage of this building to 53,000 square feet. The required number of parking spaces for the clubhouse, with additions, will be 530. There are 438 parking spaces shown for Phases I and II, and 130 parking spaces proposed with the current phase, for a total of 568 parking spaces. Any lighting of the site will be low-level and directed away from adjacent residential property. The proposed 3,400 square foot building located just south of the clubhouse will be used as a golfers snack bar facility. There will also be restroom facilities in this building. A new putting green will also be located just south of the clubhouse, between the clubhouse and the new proposed snack bar building. All of the proposed additions to the property will be located at the southwest corner and along the south property line of the existing country club property, with the golf course located immediately south and west of the country club property. The proposed additions should not have an adverse effect on the surrounding properties. 8. Staff Recommendation: Staff recommends approval of the revised conditional use permit subject to the following conditions: 1. Compliance with the Screening and Buffer Comments 2. Compliance with the -Public Works Comments 3 April 3, 1997 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO • Z -5055-B 3. Compliance with the Utility and Fire Department Comments 4. Any site lighting will be low-level and directed away from adjacent residential property. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Tim Daters was present, representing the application. Staff gave a brief description of the proposal. The various aspects of the site plan were discussed, including the building addition and new parking lot. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed 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 was passed by a vote of 10 ayes, 0 nays and 1 absent. n April 3, 1997 ITEM NO.: 18 FILE NO.: Z-6274 NAME: Everett - Conditional Use Permit LOCATION: 9110 Interstate 30 OWNER/APPLICANT: Porter and Judy Everett PROPOSAL: A conditional use permit is requested to allow the operation of an auction (boats, trailers, autos, RV's, etc.) as part of the existing boat sales business. The property is zoned C-4. ORDINANCE DESIGN STANDARDS: 1. Site Location:. The site is located on the north side of Interstate 30, approximately .2 mile east of Chicot Road. 2. Compatibility with Neighborhood: The site which is the previous McCoy's Home Center site, is located at 9110 Interstate 30. The Shrine Temple is located immediately east of this site, with single family residential property located further to the east. Vacant C-4 zoned property is located immediately west. A large multifamily development is located to the north of this site. J.A. Riggs Tractor Co. is located across I-30 to the south. The addition of an auction use (with certain conditions) to the existing boat sales business should not have an adverse effect on the adjacent property. The Town and Country Estates and the South Brookwood/Ponderosa Neighborhood Associations have been notified of the public hearing. April 3, 1997 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-6274 3. On -Site Drives and Parking: Access to this site is gained by utilizing a driveway from the I-30 access road. No additional parking is required with the current proposal. 4. Screening and Buffers: No Comments. 5. Public Works Comments: No Comments. 6. Utility and Fire Department Comments: No Comments. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow the operation of an auction (boats, trailers, autos, RV's, etc.) as part of an existing boat sales business. The property is located at 9110 I-30 (old McCoy's Home Center) and is zoned C-4. The applicant proposes the auction to be part-time, approximately eight (8) days per month. The auction will take place during afternoon and early evening hours. The applicant proposes the auction activity to take place inside building #2, as shown on the site plan. Occasionally, if an item (a large R.V. for example) is too large to enter building #2, the item will be auctioned just outside building #2. No permanent outdoor speaker system will be used. If any of the auction activity takes place outside building #2, a small hand-held speaker will be used. The addition of the proposed auction use to the existing boat sales business (with the conditions offered by the applicant) should not have an adverse effect on the adjacent property. 2 April 3, 1997 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-6274 8. Staff Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. The auction activity is to be limited to between the hours of 8:00 a.m. and 10:00 p.m. 2. There is to be no permanent outdoor speaker system. 3. Any site lighting must be directed away from the adjacent multifamily residential property to the north. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) Judy Everett was present, representing the application. Staff gave a brief description of the proposal. There was a brief discussion regarding the hours of operation and the possible outdoor activity. Mrs. Everett stated that there would be no permanent outdoor speaker system. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed 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 was passed by a vote of 10 ayes, 0 nays and 1 absent. 3 April 3, 1997 ITEM NO.: 19 FILE NO.: G-23-263 Name• General Location: Owner/Applicant: Request• STAFF REVIEW• Dailey Street - Right -of -Way Abandonment North of Chenal Parkway, within the Chenal Lakes Apartments Property Hailey Properties/Hal Kemp To abandon the 40 foot wide Dailey Street right-of-way lying between Tracts 3 and 4, Hillvale Addition to the City of Little Rock. 1. Public Need for this Right -of -Way There is no public need for this street right-of-way. 2. Master Street Plan The Master Street Plan reflects no need for this street right-of-way. 3. Need for Right -of -Way on Adjacent Streets There is no need for right-of-way on adjacent streets. 4. Characteristics of Right -of -Way Terrain The street right-of-way is vacant and undeveloped. 5. Development Potential Once abandoned, the area of the proposed abandonment will be incorporated into the adjacent property and used for the expansion of the Chenal Lakes Apartment Complex. 6. Neighborhood Land Use and Effect The Chenal Lakes Apartment complex is located immediately to the west of this street right-of-way, with vacant property (zoned MF -18) to the east. The St. Charles Neighborhood is located to the north and city -owned property around Rock Creek is located to the south. April 3, 1997 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: G-23-263 7. Neighborhood Position No neighborhood position has been voiced (at writing). All abutting property owners as well as the St. Charles Neighborhood Association have been notified of the public hearing. 8. Effect on Public Services or utilities L.R. Wastewater - No objection to abandonment. Retain area as a utility easement. L.R. Water Works - No objection to abandonment. No easements required. Arkla - No objection to abandonment. No easements required. AP&L - No objection to abandonment. Retain north 110 feet for transmission and distribution right-of-way. Southwestern Bell - No objection to abandonment. No easement required. 9. Reversionary Rights. All reversionary rights will extend to Bailey Properties, LLC. 10. Public Welfare and Safety Issues Abandoning this udeveloped street right-of-way will not effect the public welfare and safety. STAFF RECOMMENDATION: Staff recommends approval of the Dailey Street right-of-way abandonment subject to the area of the proposed abandonment being retained as a utility and drainage easement. SUBDIVISION COMMITTEE COMMENT: (MARCH 13, 1997) The applicant was not present. Staff gave a brief description of the proposed right-of-way abandonment. After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. 2 April 3, 1997 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: G-23-263 PLANNING COMMISSION ACTION: (APRIL 3, 1997) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed 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 was passed by a vote of 10 ayes, 0 nays and 1 absent. April 3, 1997 ITEM NO.: 20 FILE NO.: Z-6268 LOCATION• Witcher Day Care Family Home Special Use Permit 27 Pleasant Cove OWNER/APPLICANT: James and Nancy Witcher PROPOSAL: A special use permit is requested to allow the occupant of 27 Pleasant Cove to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS• The occupant of 27 Pleasant Cove is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 10 children (license no. 02226-03). The hours of operation are from 7:15 a.m. to 5:30 p.m., Monday - Friday. The business has been in operation for 16 years and the applicant was only recently notified that a special use permit is required. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied 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. April 3, 1997 SUBDIVISION ITEM NO.: 20 (Cont.) FILE NO.: Z-6268 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. 27 Pleasant Cove is located in a small residential neighborhood bordered by I-430, Breckenridge Road, Shackleford Road and Rodney Parham Road. All surrounding properties are zoned R-2. The properties along Shackleford and Rodney Parham Roads, to the west and north respectively, contain a broad range uses ranging from duplex residences to intense commercial. The site consists of a split-level residential structure which is typical of structures in the neighborhood. The property has a back yard enclosed by a 6 foot tall, wood privacy fence which provides adequate play area. The site also contains a paved driveway with room for two vehicles. The primary use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant already has her state license and has been in business for 16 years with no adverse impact on the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the special use permit to allow a day care family home. PLANNING COMMISSION ACTION: (APRIL 3, 1997) 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 10 ayes, 0 noes and 1 absent. 2 April 3, 1997 ITEM NO.: 21 FILE NO.: z-6269 LOCATION• Hall Day Care Family Home Special Use Permit 7224 Richwood Road OWNER/APPLICANT: Vicki Hall PROPOSAL: A special use permit is requested to allow the occupant of 7224 Richwood Road to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS• The occupant of 7224 Richwood Road is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 10 children (license no. 08672-03). The hours of operation are from 7:30 a.m. to 5:30 p.m., Monday - Friday. The business has been in operation for 18 years and the applicant was only recently notified that a special use permit is required. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied 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. April 3, 1997 SUBDIVISION ITEM NO.: 21 (Cont.) FILE NO.: Z-6269 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. 7224 Richwood is located in an older single family residential neighborhood. All surrounding properties are zoned R-2. The property is one of several located on a private, "Loop" driveway and does not front directly on Richwood Road. A large area of undeveloped and heavily wooded property is located to the rear of the site. The site consists of a two-story brick residential structure which is typical of structures in the area. The property has a back yard enclosed by a 4 foot tall, chain-link fence which provides adequate play area. The private driveway provides adequate drop-off pick-up room for several vehicles. The primary use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant already has her state license and has been in business for 18 years with no adverse impact on the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the special use permit to allow a day care family home. PLANNING COMMISSION ACTION: (APRIL 3, 1997) 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 10 ayes, 0 noes and 1 absent. 2 • April 3, 1997 ITEM NO.: 22 FILE NO.: Z-6270 NAME• LOCATION• Cia Day Care Family Home Special use Permit 906 North Polk Street OWNER/APPLICANT: Harry and Stella Cia PROPOSAL: A special use permit is requested to allow the occupant of 906 N. Polk Street to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS• The occupant of 906 North Polk Street is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 7 children. The hours of operation are from 7:30 a.m. to 5:45 p.m., Monday - Friday. The business has been in operation for 12 years and the applicant was only recently notified that a special use permit is required. The general purpose of Section 36-54 states: -Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied 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. April 3, 1997 SUBDIVISION ITEM NO.: 22 (Cont.) FILE NO.: Z-6270 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. 906 North Polk Street is located in an older single family residential neighborhood. All surrounding properties are zoned R-2 although a large, private school and church occupy three blocks directly east of the site. A large public school is located 2 blocks to the west of the site. The site consists of a 1 1/2 story, frame residential structure which is typical of structures in the neighborhood. The property has a back yard enclosed by a 4 foot tall chain- link fence which provides adequate play area. There is no on site parking. The primary use of the property will remain single family residential. No signage beyond that allowed in single family zones will be permitted. The applicant already has her state license and has been in business for 12 years with no adverse impact on the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the special use permit to allow a day care family home. PLANNING COMMISSION ACTION: (APRIL 3, 1997) 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 10 ayes, 0 noes and 1 absent. 2 April 3, 1997 ITEM NO.: 23 FILE NO.: Z-6272 NAME: Johnson Day Care Family Home Special Use Permit LOCATION: 6108 Hoyle Park Road OWNER/APPLICANT: Charles and Algie Johnson PROPOSAL: A special use permit is requested to allow the occupant of 6108 Hoyle Park Road to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS• The occupant of 6108 Hoyle Park Road is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 10 children. The hours of operation are 6:30 a.m. to 5:30 p.m., Monday - Friday. The business has been in operation for 8 years and the applicant was only recently notified that a special use permit is required. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied 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. April 3, 1997 SUBDIVISION ITEM NO.: 23 (Cont.) _ FILE NO.: Z-6272 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. 6108 Hoyle Park Road is located on the northeastern fringe of a large single-family residential neighborhood. All surrounding properties are zoned R-2. The properties along University Avenue, located 1/2 block to the east, are primarily zoned C-3 and contain a wide variety of commercial uses. The site consists of a one story, brick and frame residential structure which is typical of structures in the neighborhood. The property has a back yard enclosed by a 4 foot tall chain-link fence which provides adequate play area. The site also contains a double -wide, paved driveway with room for 4 vehicles. The primary use of the property will remain single family residential. No signage beyond that permitted in single family zones will be permitted. The applicant already has her state license and has been in business for 8 years with no adverse impact on the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the special use permit to allow a day care family home. PLANNING COMMISSION ACTION: (APRIL 3, 1997) 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 10 ayes, 0 noes and 1 absent. April 3, 1997 ITEM NO.: 24 FILE NO.: Z -3520-C Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Chris Albright Chris Albright 7600 Cantrell Road Rezone from C-3 and C-4 to C-4 Bring property into conformance with zoning .76± acres Service station, auto repair SURROUNDING LAND USE AND ZONING North - Single and Multi -family; zoned R-2 and R-5 South - Service station and other commercial uses; zoned C-3 East - Multiple Commercial uses; zoned C-3 West - Multiple Commercial uses; zoned C-3 PUBLIC WORKS COMMENTS 1. Dedicate right-of-way to 45 foot from centerline of Cantrell and a 10 foot sidewalk and utility easement beyond this dedication. 2. Master Street Plan calls for 55 feet from centerline, however, staff will support a waiver of 10 feet with the dedication of the easement. Dedicate a 20 foot radial area at the intersection. LAND USE ELEMENT The site is located in the West Little Rock District. The District Land Use Plan recommends Commercial for the site. The rezoning request conforms to the adopted Plan. PUBLIC TRANSPORTATION ELEMENT The site is located on a Central Arkansas Transit Authority Bus Route. April 3, 1997 SUBDIVISION ITEM NO.: 24 (Cont.) FILE NO • Z -3520-C STAFF ANALYSIS The property at 7600 Cantrell Road is occupied by a service station/auto repair business and has been for 30+ years. The portion of the site directly at the intersection of Cantrell and Keightly Roads is zoned C-4 and the balance of the site is zoned C-3. The use on the site, service station/auto repair, is a C-4 use. In 1980, the site was occupied by an Exxon Service Station. The property was zoned "F" Commercial. Upon the introduction of the new (1980) Zoning Ordinance, the zoning classification was converted from "F" Commercial to "C-3" General Commercial. As permitted by City Policy, under the Conversion Adjustment Strategy, Exxon rezoned 16 of its Little Rock sites, which had been reclassified by the new Ordinance as "C-3", to "C-4" on September 16, 1980. The legal description submitted for this site incorrectly identified only a portion of the property. Consequently, only the southeast corner was rezoned to "C-4" and the balance remained "C-3". The error was not caught by either the applicant or staff. On December 16, 1985, the Board of Adjustment approved a site plan allowing for the removal of the existing service station/auto repair and the construction of a new building and gas island canopy. The variance was granted based on the assumption that the entire site was zoned C-4, when in fact that was not the case. Again, the zoning issue was not noted by staff or the applicant. The applicant now proposes to construct a small addition onto the structure. A request for a side yard variance is scheduled for the Board of Adjustment's March 31, 1997 agenda. During review of the variance application, staff discovered the zoning issue and advised the applicant that the site needed to be rezoned to C-4. In order to clear up any question concerning the zoning, the entire tract is being submitted for rezoning. Thus, the request to rezone from C-3 and C-4 to C-4. Staff feels some responsibility for this error, having not noted the mistake in either 1980 or 1985. Consequently, the rezoning application was instituted by staff with the applicant's permission. C-4 is an appropriate zoning classification for this site. The property is located at the intensely commercial intersection of Cantrell Road and Mississippi Avenue/Keightly Drive. The property has been occupied by a service station/auto repair business for 30+ years and the use is compatible with uses in the area. The requested zoning conforms to the adopted Land Use Plan which 2 April 3, 1997 ITEM NO.: 24 (Cont.) FILE NO.: Z -3520-C recommends Commercial for this site. No change in use is proposed for the site, only a building expansion to accommodate the existing use. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning. PLANNING COMMISSION ACTION: (APRIL 3, 1997) 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 10 ayes, 0 noes and 1 absent. 01 April 3, 1997 ITEM NO.: 25 ISSUE• STAFF REPORT: Proposed Amendment to Article V, Section D, 4(c) of the Planning Commission Bylaws Staff is concerned that the current language of paragraph 2 in Article V, Section D, 4(c) of the Bylaws infers that any issue requiring the City Board of Directors approval which fails to receive six (6) positive votes at the Planning Commission, is automatically forwarded to the Board with a recommendation of denial. Staff does not believe this was the intent of the Commission when this section of the Bylaws was amended on February 26, 1996. Staff believes the intent was to automatically forward only those items which receive a positive vote from the majority of the members present at a commission meeting but which fail to receive the required six (6) votes. This can happen at these meetings where the full Commission is not present or where more than one (1) commissioner abstains on an issue. This section was also amended on to eliminate the automatic deferral of such issues. CURRENT LANGUAGE: In those instances where no action is required by the Board of Directors and the action before the Commission fails to receive the required six (6) votes, the request shall be declared to be denied. For actions requiring the City Board of Directors approval, such matters shall be forwarded to the Board of Directors with a recommendation of denial. The minute record of the hearing and the Board of Directors' communication shall reflect the motions and voting on the matter so as to fully convey to the Board the Planning Commission record for such matters. SUGGESTED LANGUAGE: In those instances where no action is required by the Board of Directors and the action before the Commission fails to receive the required six (6) votes, the request shall be declared to be denied. April 3, 1997 SUBDIVISION ITEM NO.: 25 (Cont.) shall be forwarded to the Board of Directors with a recommendation of denial. The minute record of the hearing and the Board of Directors, communication shall reflect the motions Positive vote from the majority of members present and which fail to receive the required six (6) votes either for approval or denial shall be declared to be denied. Such matters may be appealed to the Board of Directors by the applicant. PLANNING COMMISSION ACTION: (MARCH 20, 1997) Staff presented the item as required by Article VI of the Bylaws. After a brief discussion, the item was forwarded to the April 3, 1997 Commission agenda. PLANNING COMMISSION ACTION: (APRIL 3, 1997) Staff presented the item. There was no further discussion by the Planning Commission. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 2 G cc U W cc W I-- 0 O Z 0 us cn U Z Z z J a MOSIMMEMEson ■MMMMMM■ MMM oeeoeoeome 000000NERMEo oeeeooeeo�ieo ©on"Unnoe�ieo ©owamon000wannammmon r�c�o venae onoimoo maoac��ilc common .......N��.. ©000000ME an veeoee000 neo oeooeeenaMee oeeeaeNERNMo ®eoeeoeoer�ao BORROIWeel�e� MeoeoeMEMINUe aeeeoeeoe�aee eeoeoeooeMoeo M000seMEEMEe HEMIUMEREMMIDQi v00000ioEN ooeeeeooeMov ooeooeoaeiNoa ©eeoeoeooieo� 0000eoeoee Z Mv00000Mioo o ®eee00EMEMIU0 a0000000aiioe 00000O000Med ©WaiMMEMENIME �c�n000000�avv ■ ui � Z y � Z Z Q !J April 3, 1997 SUBDIVISION MINUTES There being no further business before the Commission, the meeting adjourned at 6:10 p.m. '5/,L�7 Date 00, op Chairman