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pc_03 28 19960 LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD MARCH 28, 1996 3:30 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Approval of the Minutes of the Previous Meeting The Commission approved the minutes of the February 13, 1996 Planning Commission meeting by a unanimous vote. III. Members Present: Members Absent: City Attorney: Herb Hawn Bill Putnam Mizan Rahman Ron Woods Larry Lichty Ramsay Ball Pam Adcock Doyle Daniel Suzanne McCarthy Sissi Brandon Open Position Steve Giles e I. DEFERRED ITEM A. Z-6090 LITTLE ROCK PLANNING COMMISSION REZONING AGENDA MARCH 28, 1996 3:30 P.M. Outer Loop at Wellington Village Road B. Land Use Plan Amendment - Chenal District II. REZONING ITEMS 1. Z-1791-C 2. Z-3371-E 3. Z-5967-A 4. Z-6100 5. Z-3875-B 6. Z-6105 7. Z-6106 III. OTHER MATTERS North of the terminus of the Cantrell Road Section of Candlewood Dr. SW corner of I-430 and Colonel Glenn Road 5819 Young Road 1001 East 6th Street SW corner of Kanis Road and Jr. Deputy Road Just west of 8718 Mabelvale Pike Woodland Heights Road R-2 and C-1 to MF-18, 0-2, 0-3 and C-1 R-2, R-4 and R-5 to R-2 and MF-12 R-2 and C-2 to C-4 R-2 to C-1 I-2 to R-3 O-3 and OS to O-3 R-2 to R-7A and site plan review R-2 to O-3 8. Z-6101 Sonic Conditional Use Permit 9. Z-6104 Chenonceau Park Conditional Use Permit 10. Proposed Bylaw Amendment 11. Area III Extraterritorial Zoning 12. River Market District Design Overlay District z r a 3Nld tl3lzvtld W1l1veIH1 ¢ W �; V � O Y Q _ NtlWtl3O 00 o LLJ pU _ NIVW HOf� AVMOYOUG H08V b/ 8 1S3NO o 83H3tl0 0 ONIN lW — �i @0NS0N o — ¢ 3AId a MOtl000M �33y1S hOb V 3NId U1. 8V030 N0111MYN 1100S >sgMbtlS yu NBYd dlv3 Cri w w U (/) AllS83AIW) AlIS83AIN0 SON18d5 tl3A30 (� S3HOfW r d > � �- IddSSIS IW 100143 � z Y a �- MOtltltlB NHOf 31, 2 8I0A83538 i O 3NN13H U ¢ m 00 lip o, SIOtivS Otl033lNOYHS o z a L— 08 dal YH Q p WYHtlYd A3NOO8 NVKMOO a LU h S11NIl A110 w x 3OOI8 AWA co < df S 0�S o u d' fQPQ��Pv NVAIl1H5 18VIAhs � z dYy S11WIl A110 O N W 3 < ydpf°° 31VONUA March 28, 1996 ITEM NO A Z-4807-D Owner: Deltic Farm and Timber Company, Inc. Applicant: Jack McCray Location: NE 1/4, NE 1/4, Section 36, T-2-N, R-14-W; proposed intersection of Outer Loop Road and Wellington Village Road Request: Rezone from R-2 and C-1 to MF-18, 0-3 and C-3 Purpose: Future development Size: 26.03± acres Existing Use: Undeveloped pasture land SURROUNDING LAND USE AND ZONING North - Undeveloped pasture; zoned R-2 South - Undeveloped pasture; zoned R-2 East - Undeveloped pasture; zoned R-2 West - Undeveloped pasture; zoned R-2 PUBLIC WORKS COMMENTS Please provide area map to show planned alignment of minor arterial such that the alignment can be verified with approved alignment on Perimeter Drive located north of One Source. Dedication of right-of-way including right -turn lanes is required prior to Board of Directors action. Locations of all commercial driveways will require approval. LAND USE ELEMENT The Chenal District Land Use Plan Amendment is a separate item on this agenda; see deferred Item licit. STAFF ANALYSIS The request before the Commission is to rezone this 26.03 acre tract from "R-2" Single Family and "C-1" Neighborhood Commercial to "MF-181, Multifamily, 110-31, General Office and C"-3" General Commercial. The 26.03 acres is currently March 28, 1996 ITEM NO.: A Z-4807-D (Con divided into 4.5± acres zoned C-1 and 21.53± acres zoned R- 2. The requested reclassification would result in 11.74± acres zoned MF-18, 5.55± acres zoned 0-3 and 8.74± acres zoned C-3. The property is currently undeveloped. It is located in a rapidly developing area which includes Chenal Valley, the Villages of Wellington and St. Charles. The existing zoning pattern was established through the 1989, 172± acre Shackleford farm zoning. The 4.5± acres now zoned C-1 was to be located at the intersection of Outer Loop Road and Perimeter Drive (now Wellington Village Road). That intersection has now been relocated approximately 500 feet to the west and the alignment of Outer Loop Road has been shifted slightly northward. Although staff is basically supportive of most of the changes proposed, one aspect of the proposal stands out as being inconsistent with the Chenal District Plan for this area. The applicant proposes to shift the commercial zoning from its present location to the proposed new intersection of Outer Loop Road and Wellington Village Road. In and of itself this shift makes perfectly good sense, however the applicant is proposing to increase both the area and the intensity of the commercial tract from 4.5± acres zoned C-1 to 8.74 acres zoned C-3. The District Plan has established a Neighborhood Commercial area at the intersection. The proposed 8.74± acres of C-3 zoning goes beyond the intent of Neighborhood Commercial. Staff believes it is more appropriate to allow no more than 5 acres of the tract to be zoned Commercial. The remainder of the 8.74± acres proposed for commercial could be zoned Office to provide a transition from the commercial zoning at the intersection to adjacent single family properties. Staff would recommend that the commercial zoning proposed for the intersection be limited to "C-1" Neighborhood Commercial which is more consistent with the District Plan. STAFF RECOMMENDATION Staff recommends approval of the requested 11.74± acres to be zoned MF-18 and the 5.55± acres to be zoned 0-3. Staff does not recommend approval of the requested 8.74± acres to be zoned C-3. Rather, staff recommends approval of 5 acres of C-1 zoning at the intersection with the balance of the 8.74± acres to be zoned 0-3. PLANNING COMMISSION ACTION: (FEBRUARY 13, 1996) The applicant, Jack McCray, was present. There were no objectors present. Staff informed the Commission that the applicant had requested on February 12, 1996 that the item 2 March 28, 1996 ITEM NO.: A Z-4807-D (Cont.) be deferred to the next rezoning hearing. Staff agreed to the deferral. A motion was made to waive the bylaws since the request for deferral had not been made 5 days prior to the public hearing. The motion was approved by a vote of 7 ayes, 0 noes and 4 absent. The item was placed on the Consent Agenda and approved for deferral to the March 28, 1996 Commission meeting. The vote was 7 ayes, 0 noes and 4 absent. STAFF UPDATE Since the February 13, 1996 Commission meeting, the application has been amended and refiled. The zoning requested for the 26.03± acres in the original application has been amended to conform to staff's recommendation. In addition, 34.98± acres adjacent to the west has been added to the application. This additional 34.98± acres is proposed to be rezoned from "R-2" Single Family residential to 110-2" Office and Institutional District. Based on the addition of this 34.98± acres to the application, a new legal add was placed in the newspaper and new notices were mailed to adjacent property owners. The application, as amended and refiled, now proposes the following rezoning actions: 1. R-2 to C-1; a total of 6.0± acres in two parcels at the intersection of Outer Loop and Wellington Village Roads. The two parcels are 3.71± and 2.29± acres in size. 2. R-2 and C-1 to 0-3; a total of 8.08± acres in two parcels, one fronting on Outer Loop Road and one fronting on Wellington Village Road. The two parcels are 2.53± acres and 5.55± acres in size. 3. R-2 and C-1 to MF-18; a single, 13.40± acre parcel fronting on Wellington Village Road. 4. R-2 to 0-2; a single 34.98± acre parcel fronting on Outer Loop Road The amended application for the original 26.03± acres does conform to Staff's recommendation by reducing the requested C-1 zoning to 6± acres, divided into two smaller tracts of 3.71± and 2.29± acres. The balance of what had previously been proposed for C-1 zoning has now been amended to 0-3. The additional 34.98± acres now proposed to be zoned 0-2 is located between the original 26.03± acre site and an area of 3 March 28, 1996 ITEM NO • A Z-4807-D (Cont.) 0-2 and C-2 zoning to the west. 0-2 zoning is appropriate for this 34.98± acre tract. ADDITIONAL PUBLIC WORKS COMMENT Provide topographic information with a grading and erosion control plan for a grading permit prior to land alteration. Contact ADPC&E for approval prior to construction. Please show the alignment of Chenal Valley Drive and provide for dedication of this collector and the arterials shown. Right -turn lane right-of-way will be required at each of these intersections. The 4 parcels fronting on Wellington Village are allowed 1 driveway by Ordinance. The drives need to be properly separated from the intersection and each other according to Ordinance. Access to the two C-1 parcels onto the Outer Loop will need to be reviewed and each will be allowed one drive by Ordinance. Stormwater Detention analysis will be required for all parcels. UPDATED STAFF RECOMMENDATION Staff recommends approval of the amended and refiled application as follows: 1. R-2 to C-1; two parcels totaling 6.0± acres 2. R-2 and C-1 to 0-3; two parcels totaling 8.08± acres 3. R-2 and C-1 to MF-18; one parcel totaling 13.40± acres 4. R-2 to 0-2; one parcel totaling 34.98± acres PLANNING COMMISSION ACTION: (MARCH 28, 1996) The applicant, Jack McCray, was present. There were no objectors present. Staff presented the item, as amended, and a recommendation of approval. The item was placed on the Consent Agenda and approved by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. 4 March 28, 1996 ITEM NO.: B NAME: City Land Use Plan Amendment - Chenal District LOCATION: North of Rock Creek REQUEST: Modification of the Land Use Pattern SOURCE: Landowner STAFF REPORT: The City Planning Staff was asked to review the Land Use Plan in an area north and south of Chenal in the Kirk Road area. The property owner was asking for further intensification of land uses. South of Chenal to Mixed Office and Commercial (removal of last Multifamily) and Office to the north with Single Family changed to Multifamily at the West Loop. Staff agreed to look at the Plan and meet with representatives of the owner. Staff could not limit the review to one ownership and requested that representation of Chenal also meet with Staff to discuss possible land use plan changes. After review of the area and having met with the two major owners affected, Staff does believe some intensification is justified as well as some reconfiguration. There is basic agreement on a plan amendment, however, in order to get agreement on the overall package some additional time is needed. Staff will brief the Commission on most of the changes, but final action cannot occur until early 1996. STAFF RECOMMENDATION: Deferral PLANNING COMMISSION ACTION: (NOVEMBER 28, 1995) Walter Malone, Planner II, indicated that the property owners and Staff were close to agreement but had not reached an accord yet. However, Staff still wanted to review the changings and the area under consideration. Mr. Malone reviewed the physical area where the amendments will be considered and generally what type of changes are being considered. By unanimous vote the item was deferred to January 16, 1996. March 28, 1996 ITEM NO.: B (Cont.) STAFF UPDATE: (DECEMBER 1995) The owners still have not provided Staff with information on their property. Therefore, Staff would recommend a deferral for 12 weeks giving the owners the right to call the issue up soon if necessary. PLANNING COMMISSION ACTION: (JANUARY 16, 1996) Staff informed the Commission that a rezoning case had been filed for the February 13 hearing. Due to a lack of input by one property owner and the other's desire to proceed, Staff recommends deferral to the February 13 hearing so as not to adversely affect the property owner. By unanimous vote the item was deferred to February 13, 1996. STAFF UPDATE: (JANUARY 18, 1996) As stated previously, Staff began a review of the Kirk Road area at the request of a property owner to amend the adopted Plan. Several areas to the west and north were identified as locations needing a revision due to zoning and/or development activity. The adopted Plan calls for Neighborhood Commercial at the Kanis/Chenal Parkway intersection west of Kirk Road. However, the area zoned is larger than a typical "Neighborhood Commercial", zoned "C-3" General Commercial and located at a major intersection. These factors make it unlikely that "neighborhood commercial" will develop here. A better classification would be Commercial. The northwest corner of Chenal Parkway with the proposed West Loop likewise is shown for Neighborhood Commercial. Again the area is too large; it is zoned "C-3" General Commercial and located at a major intersection. The actual development is more likely to be Commercial without a neighborhood origination. A Commercial classification more accurately reflects expected development. Along the east side of the proposed West Loop, between Chenal Parkway and Kanis Roads, a large Public Institutional use area is identified. The site was to be a senior/junior high magnet school site. The school districts have not been using the City's plans to locate sites but rather have done their own site selection. While the location is a good one for that type of school, the Plan should not show the use. The area should instead be shown for Single Family use. Two areas of Office use are proposed. Both are expansions of the large office area between Kirk Road and Chenal Parkway. In both PA March 28, 1996 ITEM NO • B (Cont.) cases the areas are already zoned for Office use and in one case development has begun. A Public Use area is added at Shinall Mountain, east of Chenal Parkway. This is the site of a new church. While a larger Public Use area is removed to the southeast, down the ridge. This site had been proposed for an Education Park in 1986. This use never materialized. The area is zoned for Single Family and the owner has expressed the desire to develop it for single family use. Thus a more realistic use would be single family. The City Service Center Site has been just north of Chenal Parkway on the east side of the West Loop. However the site has been relocated to the north - from Pebble Beach north on the west side of the West Loop. This relocation will change an area of Multifamily to Public Use north of Pebble Beach, and Public Use to Office north of Chenal Parkway. To the northwest of the area proposed as an Educational Park (changed to Single Family), is an area of Single Family proposed to be Low Density Multifamily. This is the location of a collector - collector intersection and there have been discussion of a park site nearby. Approximately half of the area is already zoned MF-6. At the proposed intersection of the West Loop and Wellington Village, a Neighborhood Commercial area, is shown and some Office. The Plan had proposed Single Family and Public Institutional use. However, the City had previously approved a Neighborhood Commercial area at the intersection of these two roads through a zoning action. This commercial area is moved to the southwest, since the intersection has been moved. To the west, a Public Use area is changed for Office use and a small amount of Multifamily is proposed for to the area south of the Office use. STAFF RECOMMENDATION: Approval PLANNING COMMISSION ACTION: (FEBRUARY 13, 1996) Item was placed on the Consent Agenda for deferral to March 28, 1996. By unanimous vote of (7 ayes, 0 noes) the item was deferred. r March 28, 1996 ITEM NO • B (Cont.) PLANNING COMMISSION ACTION: (MARCH 28, 1996) The item was placed on the Consent Agenda for approval. By unanimous vote (8 for, 0 noes, 2 absent and 1 vacant) the item was approved. 4 March 28, 1996 ITEM NO.: 1 Z-1791-C Owner: Charbeck Trust Applicant: Wingfield Martin Location: North of the terminus of the Cantrell Road section of Candlewood Drive Request: Rezone various tracts from R-2, R-4 and R-5 to R-2 and MF-12 Purpose: Future development of an apartment complex Size: 59.82± acres Existing Use: Vacant, wooded SURROUNDING LAND USE AND ZONING North - Vacant woodland & single family homes; zoned R-2 South - Vacant woodland, single family homes and commercial shopping center; zoned R-2 and C-3 East - Vacant woodland & single family homes; zoned R-2 West - Vacant woodland; zoned R-2 PUBLIC WORKS COMMENTS A grading permit and topographic information will be required prior to any land alteration or tree clearing on this property. There are two collectors that traverse this area on the Master Street Plan, dedicate right-of-way for these collectors and confirm that construction can conform to MSP alignment standards. With construction, additional Public works issues will be addressed that will include construction of boundary streets and stormwater detention analysis. LAND USE ELEMENT The site is in the River Mountain Planning District. The adopted Land Use Plan recommends Single Family and some Low Density Multifamily in the area of the request. The existing zoning includes Single Family, Duplex and Multifamily classifications. The request would rezone some areas to single family and others to multifamily. The specific request is not in conformance with the plan, but March 28, 1996 ITEM NO.: 1 Z-1791-C (Cont.) does meet the spirit of the plan. This is a rearrangement of the single family and multifamily use areas. The new arrangement should not be any less appropriate than the existing. A plan amendment to allow this change is appropriate. STAFF ANALYSIS The request before the Commission is to rezone various tracts in the Candlewood area from "R-211 Single Family, "R-411 Two -Family and "R-5" Urban residence to "R-211 and 'IMF-12" Multifamily. This, the latest in a long line of proposals over the years, could result in a new multifamily development on the proposed MF-12 zoned property. The proposed rezoning action involves several parcels scattered along the ridge lines in this undeveloped, heavily wooded area bounded by Walton Heights, the Little Maumelle River, Pinnacle Valley Road and Cantrell Road. The majority of the land in the area is zoned R-2, however there are several existing tracts which are zoned R-4 and R-5. This proposal would rezone the existing R-4 and R-5 tracts now located closest to Walton Heights to R-2 and would rezone some 39.32± acres along the southern ridge line from R-2 and R-5 to MF-12 for the potential multifamily development. The application proposes the following rezoning actions: 1. R-4 to R-2; a total of 13.4± acres in two tracts now located to the southwest of the Walton Heights/Candlewood Neighborhood. 2. R-5 to R-2; a 7.1± acre tract also located to the southwest of the Walton Heights/Candlewood Neighborhood. 3. R-2 and R-5 to MF-12; a total of 39.32± acres now in two tracts to be combined for future development as a multifamily complex. This property is located along the southern ridge line closest to the terminus of the Cantrell Road section of Candlewood Drive. Staff believes the proposed rezoning is a reasonable request and is supportive of the action. The existing 20.5± acres of duplex and multifamily zoning closest to the single family Walton Heights/Candlewood Neighborhood would be zoned R-2. The 39.32± acres of MF-12 zoning would be concentrated along the southern ridge line at the Cantrell Road end of Candlewood Drive. A portion of the proposed MF-12 property is now zoned R-5 which allows development up to 36 units per acre. MF-12 is a medium density multifamily district which is more appropriate for the site. A multiple building 2 March 28, 1996 ITEM NO.: 1 Z-1791-C (Cont.) development on the resulting MF-12 property would require site plan review by the Planning Commission. The River Mountain District Land Use Plan currently recommends Single Family and some Low Density Multifamily in the area of the request. A plan amendment to accommodate the new arrangement of Single Family and Multifamily would be appropriate. STAFF RECOMMENDATION Staff recommends approval of the rezoning request as filed and of an amendment to the River Mountain District Land Use Plan. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The applicant, Wingfield Martin, was present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be deferred. Staff noted that the request for deferral was received only one day prior to the public hearing and that a waiver of the bylaws was necessary. In response to a question from Commissioner Lichty, Mr. Martin stated that the deferral was needed to allow the prospective developer more time to complete a financial analysis of the project. A motion was made to waive the bylaws. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent and one open position. The item was then placed on the Consent Agenda and approved for deferral to the May 9, 1996 Commission meeting. The vote was 8 ayes, 0 noes, 2 absent and one open position. 3 March 28, 1996 ITEM NO • 2 Z-3371-E Owner: Applicant: Location: Request: Purpose: Size: Existing Use: St. Vincent Infirmary Medical Center Rett Tucker SW corner of I-430 and Colonel Glenn Road Rezone from R-2 and C-2 to C-4 Future development of an auto mall 38.06± acres Vacant, undeveloped property SURROUNDING LAND USE AND ZONING North - State Farm Insurance Office and Baptist System Support Center/Nursing School; zoned C-2 South - Vacant woodland; zoned R-2 and C-2 East - I-430 Right -of -Way West - Vacant woodland; zoned R-2 and C-2 PUBLIC WORKS COMMENTS A pond is located on this 38 acre tract that must be reviewed by the USACE prior to fill or land clearing. Grading and NPDES permits are required. A portion of Colonel Glenn Road is 29 feet wide without sidewalks, Master Street Plan designates Colonel Glenn as a Principal Arterial. 55 feet of right-of-way is required from centerline and pavement width shall be widened at time of construction to 33 feet from centerline. Additional turn lane for entry drive may be required due to the size of this tract. Additional dedication for this turnlane may also be required. The AHTD shall approve any planned construction and will need to approve the location of entrance drive. With construction other Public Works Issues will be discussed including stormwater detention. LAND USE ELEMENT The site is in the 65th Street West District. The adopted Land Use Plan recommends Community Shopping for the area. The request is not in conformance with the plan. After review of the area, staff agrees it is appropriate to re- March 28, 1996 ITEM NO.: 2 z-3371-E (Cont. examine the Plan in this area. However any review must include a much larger area than just the site in question. I-430 has been designated a scenic corridor by the City and special attention should be given to signage and the relationship to the interstate. The connection of David O'Dodd with Bowman Road at Colonel Glenn Road is now complete. Also the former mall site is now owned by Baptist Hospital and used as a school and support facility. These changes (together with an "Auto Mall" proposal) bring the current proposal for the land use plan into question. With the changes discussed and existing topography, community shopping is unlikely to the north of Colonel Glenn east of Bowman. Suburban Office or some form of residential would be desirable. However the area is zoned C"-211, thus a Mixed Office Commercial classification would seem reasonable. This classification encourages alternative design and mixing of use. A small area of community shopping should continue to be shown at the intersection of Bowman and Colonel Glenn Roads. Most of the area is vacant but zoned 11C-211. The intersection of a principal and minor arterial near an interstate freeway is appropriate for such a development. Commercial would be shown south of Colonel Glenn Road east of Bowman to the interstate. The high ground south of the interchange (and the commercial area) is appropriate for Suburban Office or some higher density of residential. Staff proposes to show suburban office. To the north of Fair High School the Office area should be expanded to the east. Currently the Office use is along the old alignment (Lawson Road) not the new (David O'Dodd). These changes should produce an area with a good mix of uses. STAFF ANALYSIS The request before the Commission is to rezone this 38.06± acre tract from "C-2" Shopping Center District and "R-2" Single Family to "C-4" Open Display District. Approximately 35 acres of the site is now zoned C-2 and the remaining 3± acres is zoned R-2. The property is part of a very large undeveloped, wooded area at the southwest corner of Colonel Glenn Road and I-430. Indications are, once the property is rezoned, four Central Arkansas automobile dealerships will turn the site into an auto showplace where the dealers would combine operations in one location to promote sales. Questions such as platting and site plan review will have to be dealt with by the Commission at a later date. zoning in the area ranges from R-2 to 0-3 and C-2. All abutting property is vacant and zoned either R-2 or C-2. 2 March 28, 1996 ITEM NO.: 2 Z-3371-E (Cont.) The C-2 zoned property across Colonel Glenn Road is occupied by an insurance office and a subsidiary of the Baptist Medical System. The site abuts the I-430 right-of-way on its eastern perimeter. The 65th Street West District Land Use Plan currently recommends Community Shopping for the properties at the northwest and southwest corners of Colonel Glenn Road and I-430. The one commercial shopping development which was built in the area was not successful and the building was converted to use by the Baptist System. Staff has conducted a review of the District Plan and recommends amending the Plan for this area, including the site in question. The proposed Auto Mall is located on a tract of land situated between the intersection of two arterials, Colonel Glenn - Bowman/David O'Dodd, and the intersection of an arterial and an interstate highway, Colonel Glenn - I-430. The property has nearly 1,000 feet of frontage on Colonel Glenn Road and nearly 1,500 feet of frontage on I-430. Staff believes this location is appropriate for the proposed C-4 zoning and supports the rezoning request. The property does abut I-430, a designated scenic corridor. The applicant should be sensitive to this relationship when it comes time for platting and site plan review. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning and the corresponding amendment to the 65th Street West District Land Use Plan. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The applicant, Rett Tucker, was present. There were no objectors present. Staff presented the rezoning request and proposed plan amendment with a recommendation of approval. Kathleen Oleson, of the League of Women voters, questioned whether the notation about the scenic corridor had an effect on the rezoning request. Jim Lawson, Director of the Department of Neighborhoods and Planning, responded that staff felt it was appropriate to inform the applicant but that any review would occur when a specific development was proposed for the site. Ms. Oleson stated that she wanted it placed in the record that the applicant had been advised that the property is located on a scenic corridor. The rezoning request and plan amendment were placed on the Consent Agenda and approved by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. 3 March 28, 1996 ITEM NO • 3 Z-5967-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Charles Ekworomadu Charles Ekworomadu 5819 Young Road Rezone from R-2 to C-1 4 unit, multifamily .42± acres 4 unit, multifamily structure SURROUNDING LAND USE AND ZONING North - Single Family residence and vacant lot; zoned R-2 South - I-30 Right -of -Way East - Single Family residence; zoned R-2 West - Single Family residence; zoned R-2 PUBLIC WORKS COMMENTS Without plans for construction there do not appear to be any Public Works Issues. LAND USE ELEMENT The site is in the 65th Street East District. The adopted Land Use Plan recommends Neighborhood Commercial use. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Commission is to rezone this site from "R-2" Single Family to "C-111 Neighborhood Commercial. The property is occupied by a one story, brick and frame structure containing four dwelling units. Prior to annexation, the structure housed a day-care center. At some point, over a year ago, the structure was remodeled into a 4 unit apartment building. A remodeling permit was obtained but no zoning review was performed. The nonconforming status established by the day-care center did not extend to allowing conversion of the structure into a multifamily dwelling. After it was confirmed that the structure was being remodeled, for multifamily occupancy, the owner was instructed to file for appropriate rezoning. On April 18, March 28, 1996 ITEM NO.: 3 Z-5967-A (Con 1995, the Planning Commission approved "R-5" Urban Residence zoning for the property. The Board of Directors denied the "R-5" zoning on May 16, 1996. The applicant subsequently filed suit against the City. The applicant now seeks to zone the property C-1. The C-1 zoning district allows multifamily dwellings (as per the R-5 District) as a permitted use. The applicant intends to continue to use the structure as a four unit multifamily dwelling. Zoning in the area is R-2, R-5, 0-3, C-3, C-4, I-2 and PCD, with the zoning patterns on both sides of the interstate being very similar. North of I-30 and east of Geyer Springs, there is a large area of residential zoning, R-2 and R-5. The site under consideration abuts R-2 zoning on all sides. Land use is made up of single family, multifamily, office, commercial and some industrial. The existing commercial uses are primarily found along Geyer Springs and range from small retail shops to auto sales. Along Young Road the uses include single family, office and auto sales (at the intersection with Geyer Springs). There are still several nonconforming uses and a number of vacant lots in the area. The 65th Street East District Land Use Plan recommends Neighborhood Commercial for the properties south of Young Road and north of I-30. The applicant's request for C-1 zoning is in conformance with the adopted Land Use Plan. C-1 zoning would allow for the use of the property as the existing multifamily as well as future conversion to other allowable C-1 Neighborhood Commercial uses. Staff believes the request to be appropriate and supports the requested C-1 zoning. STAFF RECOMMENDATION Staff recommends approval of the requested C-1 zoning. No land use plan amendment is necessary. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The applicant, Charles Ekworomadu, 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 8 ayes, 0 noes, 2 absent and 1 open position. 2 March 28, 1996 ITEM NO.: 4 Z-6100 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Aaron Taylor Edward Choate; Jim Walter Homes, Inc. 1001 East 6th Street Rezone from I-2 to R-3 Construct new, single family residence .10± acres Vacant lot sSURROUNDING LAND USE AND ZONING North - Industrial use and parking lot; zoned I-2 South - Vacant lot; zoned I-2 East - Vacant lot; zoned I-2 West - Vacant building; zoned I-2 PUBLIC WORKS COMMENTS Dedicate corner radial area? Any planned driveways shall be 25 feet from the intersection and conform to Section 30-43 of the Little Rock Code of Ordinances. Recommend that access be from Byrd Street. LAND USE ELEMENT The site is in the I-30 District. The adopted Land Use Plan recommends Industrial use. The area is zoned I-2 Industrial; however, most of the area is either vacant or single family. Both residential and industrial structures have been demolished in the last few years. There has been no new development activity in the area. The blocks are platted as single family lots. A re-examination of the area is needed, however, it cannot be completed in the time necessary to address the case before the Commission. Staff feels that the requested R-3 residential classification is reasonable, but cannot recommend a plan amendment at this time. March 28, 1996 ITEM NO • 4 Z-6100 (Cont.) CITY ATTORNEY COMMENTS Based on the facts developed to date, the impact on the City of the proposed residential use, if approved, does not justify the imposition of the suggested right-of-way dedication. TAFF ANALYSI The request before the Commission is to rezone this small, vacant lot from "I-2" Light Industrial to "R-3" Single Family residential. The applicant proposes to construct a new, single family residence on the site. The property is located in the block bounded by Byrd, Mclean, East 6th and East 7th Streets. This block contains several residential structures and forms an island of residential use within a large area of I-2 and I-3 zoned properties. Besides the few residential properties, other uses in the area range from vacant industrial properties to warehousing and manufacturing facilities. Several of the industrial buildings in the area are vacant or in a state of disrepair. Although the I-30 District Land Use Plan currently recommends Industrial for the site, staff is supportive of this residential rezoning request. Staff believes circumstances have changed such in the area that a re- evaluation of the area is needed. It may be that staff will approach the Commission with a plan amendment at a later date which is more reflective of the actual use and development in the area. STAFF RECOMMENDATION Staff recommends approval of the requested R-3 zoning. No plan amendment is proposed at this time. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to mail the required notices and that the item needed to be deferred. The item was placed on the Consent Agenda and deferred to the May 9, 1996 meeting. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. E March 28, 1996 ITEM NO • 5 Z-3875-B Owner: Applicant: Location: Request: Purpose: Size: Existing Use: City of Little Rock Jessie Trigleth, Building Services Manager SW corner of Kanis Road and Jr. Deputy Road Rezone from 0-3 and OS to 0-3 Construction of a new City of Little Rock Police Department Substation 5.14± acres Vacant tract, partially wooded SURROUNDING LAND USE AND ZONING North - Baptist Medical Center Campus; zoned 0-2 and 0-3 Vacant woodland; zoned 0-3 South - Vacant woodland, zoned 0-3 and OS East - Single Family residences; zoned R-2 West - Vacant woodland; zoned 0-3 PUBLIC WORKS COMMENTS A grading permit may be required prior to construction. The survey does not reflect dedication of right-of-way to Master Street Plan, however dedication was made during the construction of Jr. Deputy Road Bond Issue. A copy is available. Stormwater Detention analysis will be required with construction. Location of driveways will require approval. LAND USE ELEMENT The site is in the I-430 District. The adopted Land Use Plan recommends Suburban Office. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Commission is to rezone this 5.14± acre tract from 110-3" General Office and "OS" Open Space to 110-3" General Office. A corner of the site was previously March 28, 1996 ITEM NO.: 5 Z-3875-B (Con occupied by a nonconforming neighborhood grocery store and two single family residences. All three have recently been removed from the site. The majority of the property is vacant and wooded. The City of Little Rock proposes to construct a new Police Department Substation on the property. The substation will consist of a single building and two parking lots. This 5.14± acre tract is part of a larger 40± acre tract which was rezoned to 0-3 by Baptist Medical Center in 1993. Baptist proposed to develop the site as offices. The balance of this 40± acre tract is still undeveloped and is, for the most part, heavily wooded. At the time the 40± acres were zoned 0-3, a 50 foot wide OS buffer was zoned along the east and south perimeters. The Ordinance establishing the 0-3 zoning also included provisions requiring site plan review and eliminating access to Jr. Deputy Road. The Police Department has stated that it is imperative that they have access to the site from Jr. Deputy Road. Thus it is necessary to rezone this site, eliminating the OS strip along Jr. Deputy Road and the provision restricting access from the site to Jr. Deputy Road This rezoning proposal will affect only this 5.14± acre tract and will not affect the balance of the 40± acres. The OS strip and conditions will remain in place for the remaining property. The I-430 District Land Use Plan recommends Suburban Office for this site. The proposal is in conformance with the Plan. STAFF RECOMMENDATION Staff recommends approval of the requested 0-3 zoning. No plan amendment is necessary. PLANNING COMMISSION ACTION: (MARCH 28, 1996) Jessie Trigleth was present representing the item. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. 2 March 28, 1996 ITEM NO.: 6 Z-6105 Owner: Harold Wesson Applicant: Harold Wesson Location: Directly west of 8718 Mabelvale Pike Request: Rezone from R-2 to R-7A and site plan review Purpose: Place a new, 16 X 80 manufactured home on the site Size: 2.0 acres Existing Use: Vacant property SURROUNDING LAND USE AND ZONING North - Vacant land; zoned R-2 South - Arkansas Highway Department Facilities and Parker Solvent Chemical Company; zoned R-2 East - Single Family residence; zoned R-2 and trucking company; zoned I-2 West - Vacant land, Arkansas Highway Department and one single family residence; zoned R-2 PUBLIC WORKS COMMENTS A SFHA Development Permit is required with provisions for locating a Manufactured Home in the floodplain addressed. The minimum FFE is 275 NGVD. LAND USE ELEMENT The site is in the Geyer Springs West District. The adopted Land Use Plan recommends Single Family. The request is in conformance with Plan. STAFF ANALYSIS The request before the Commission is to rezone this 2.0 acre tract from "R-2" Single Family to "R-7A" manufactured home district and site plan review to allow the placement of a new, 16 foot by 80 foot manufactured home on the property. The two acre tract is vacant with the exception of two small storage buildings. March 28, 1996 ITEM NO.: 6 Z-6105 (Cont.) The property is one of only three residential properties located on a stretch of Mabelvale Pike dominated by the Arkansas Highway Department and its facilities. The Highway Department occupies properties to the west and across Mabelvale Pike to the South. An I-2 zoned trucking company is located to the east. The property to the north is vacant and zoned R-2 and I-2. Parker Solvents, a chemical company is also located across Mabelvale Pike. "R-7A" is a Single Family residential zoning district providing for ownership of structure and lot and permitting the placement of one manufactured or on -site constructed home per lot or parcel. The requested "R-7A" zoning is reasonable in staff's opinion and should have no impact on adjacent properties. The Geyer Springs West District Land Use Plan recommends Single Family for the site. The request conforms to the plan. "R-7A" is a site plan review district. A site plan has been submitted along with the rezoning application. Staff has reviewed the site plan and finds that it is in compliance with Ordinance Standards. STAFF RECOMMENDATION 1. Staff recommends approval of the requested R-7A zoning. No plan amendment is necessary. 2. Staff recommends approval of the site plan to allow placement of a new, 16 foot by 80 foot manufactured home on the site subject to the following conditions: a. Compliance with the siting criteria established in Sec. 36-262(d)2 1. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. 2. Removal of all transport features. 3. Permanent foundation. 4. Exterior wall finished in a manner compatible with the neighborhood. 5. Underpinning with permanent materials. 6. Orientation compatible with placement of adjacent structures. K March 28, 1996 ITEM NO • 6 Z-6105 (Cont.) 7. Off-street parking per single-family dwelling standards. B. The home is to be approved by the department of housing and urban development under title VI of Public Law 93-383, USC 5401 et seq. All mobile homes must have the date plate attached to the unit specifying, "This mobile home is designed to comply with federal mobile home construction and safety standards enforced at the time of manufacture." C. Compliance with Public Works Comments SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 1996) The applicant was not present. Staff presented the item. There was no discussion and the Committee forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The applicant, Harold Wesson, was present. There were no objectors present. Staff presented the rezoning request and the proposed site plan with a recommendation of approval. The rezoning request and site plan were placed on the Consent Agenda and approved by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. The site plan was approved subject to compliance with the conditions outlined in the staff recommendation. 3 March 28, 1996 ITEM NO.: 7 Z-6106 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: David Henry Patrick McGetrick West side of Woodland Heights Road approximately 220 feet south of Summit Road Rezone from R-2 to 0-3 Future office development 8.05± acres SURROUNDING LAND USE AND ZONING North - Single Family homes; zoned R-2 South - Christ the King Church and School; zoned R-2 and Easter Seal Offices; zoned 0-3 East - New St. Vincent Hospital project under construction; zoned 0-3 West - Church and single family homes; zoned R-2 and new multibuilding office development; zoned 0-3 PUBLIC WORKS COMMENTS Woodland, Fairview and Summit require dedications of right- of-way to 30 feet from centerline for this commercial re- zoning according to City Ordinance. The corner of Woodland Heights Road needs a radius of 450 feet per the Master Street Plan unless a controlled intersection can be constructed. This street should be improved in concert with the Saint Vincent Site to provide for commercial access to Highway 10. The existing street is a substandard 18 foot chipseal road with poor sight distance. The streets are required to be 36 foot commercial streets with sidewalks on both frontages. The site will require a grading permit prior to clearing. Stormwater detention analysis will be required at time of construction. Location of drives will need review. LAND USE ELEMENT The site is located in the River Mountain District. The adopted Land Use Plan recommends Single Family use. The request is in conflict with the Plan. The last Plan March 28, 1996 ITEM NO.: 7 Z-6106 (Con amendments in this area were controversial and staff believes any further amendment must be carefully reviewed. Therefore, Staff recommends a deferral so that the plan can be reviewed and discussed with the surrounding neighborhood groups and large property owners. TAFF ANALYSI The request before the Commission is to rezone this property comprised of three tracts totaling 8.05± acres from 11R-2" Single Family to 110-3" General Office. One single family home is located on each of the three tracts. Most of the property is undeveloped with the exception of the area directly adjacent to each of the homes. No specific development has been proposed for the property once it is zoned O-3. The property is part of a small single family residential pocket sandwiched between the Office and Institutional development along Woodland Heights and Rodney Parham Roads and the pending commercial development along Cantrell Road. The Easter Seals Complex and Christ the King Church and campus are located to the south. A new facility for St. Vincent's Medical Center is being constructed to the east. A proposed commercial shopping center has been approved for the property north of the site. A multibuilding office complex and a church are located adjacent to the west. Staff recognizes that, long-term, the residential properties in this pocket will in all likelihood convert to non- residential. However, there are still some 15-16 single family residences along Woodland Heights and Summit Roads. The River Mountain District Land Use Plan recommends Single Family use for these properties. Rezoning this 8.05± acres to 0-3 would at this time be in conflict with the Plan and would dramatically affect the remaining residential properties. Staff believes it is appropriate to defer this request so that the area zoning and land use plan can be further reviewed and discussed with the surrounding neighborhood groups and property owners. TAFF RECOMMENDATION Staff recommends that this item be deferred to allow for further review of the area zoning and land use plan and discussion with the surrounding neighborhood groups and property owners. 0� March 28, 1996 ITEM NO.: 7 Z-6106 (Cont.) PLANNING COMMISSION ACTION: (MARCH 28, 1996) Tom Cole and Patrick McGetrick were present representing the application. There were no objectors present. Staff presented the item and informed the Commission that the applicant had agreed to staff's recommendation to defer the item. The agreement was not reached until March 26, 1996; two days prior to the public hearing. A motion was made to waive the bylaws since the deferral request was not received at least 5 days prior to the public hearing. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. The item was placed on the Consent Agenda and deferred to the May 9, 1996 commission meeting. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. 3 March 28, 1996 ITEM NO.: 8 FILE NO.: Z-6101 NAME: LOCATION: Sonic - Conditional Use Permit 9420 Rodney Parham Road OWNER/APPLICANT: RLB Property/Sonic Restaurants by Jeff Mallett PROPOSAL: A conditional use permit is requested to allow for the construction of a drive-in restaurant on this C-3 zoned property. The applicant is also requesting a variance from the building line provisions of Section 31-12 to permit construction of a canopy which crosses a platted building line. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site is located on the north side of Rodney Parham Road, between Towne Oaks Drive and Treasure Hill Road. 2. Compatibility with Neighborhood: The site is completely surrounded by property which is zoned C-3, General Commercial. The Treasure Hill Residential Subdivision is located further south and west of this site. There are several nonconforming C-4 uses in close proximity to this site. These include Mr. Tidy Car Wash (immediately west of this site), Green Tree Nursery at 9305 Rodney Parham Road, and B&S Rental at 9301 Treasure Hill Road. Given the diversity of commercial uses in this area, the proposed use should have little impact on the surrounding properties. 3. On -Site Drives and Parking: The number of parking spaces proposed exceeds the minimum ordinance requirement. Two, one-way, access points from Rodney Parham Road are proposed. March 28, 1996 ITEM NO • 8 (Cont.) FILE NO.: z-6101 4. Screening and Buffers: The site must comply with the City's Landscape and Buffer Ordinances. The site plan submitted exceeds the buffer and interior landscaping requirements. No additional landscaping is required. 5. City Engineer Comments: Please Note: The Jackpot #105 located at Treasure Hill and Rodney Parham is in remediation for BTEX contamination in soil and stormwater runoff. Advise contractor to minimize soil disturbance or removal. Report odors or contamination to the City Public Works Department or ADPC&E. Existing drives violate the LR Code Section 31-210, however, since they were permitted with prior construction permit, Public Works will permit continued use due to the minor change in plan from existing approved Rally's site plan. 6. Utility Comments: AP&L - A 15 foot utility easement is requested around the entire perimeter of the site. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of a Sonic drive-in restaurant on this C-3 zoned property, located at 9420 Rodney Parham Road. This site formerly contained a Rally's restaurant with double drive-thru windows. The Rally's building has been removed from the site, but the landscaping with curb and gutter, concrete parking areas and drives, and the site lighting remain on the site. The applicant is proposing to construct a 1,016 square foot building on this site, utilizing essentially the same site plan as the former Rally's restaurant. There will be a single drive-thru window on the west side of the building. The area along the east side of the building (formerly Rally's second drive-thru lane) will contain a small area for outdoor dining and a large landscaped area. A canopy will project from the east and west sides of the building covering the outdoor dining area, a row of parking spaces, and the drive- thru window location. There will also be a canopy constructed along the eastern property line, covering a second row of parking spaces. 2 March 28, 1996 ITEM NO • 8 (Cont.) FILE NO.: Z-6101 The applicant is requesting a variance under the building line provisions of Section 31-12 to permit construction of a canopy which crosses the 40 foot platted building line. This would be a very minor encroachment involving only the west corner of the canopy which would be attached to the front of the proposed building. The 40 foot platted building line is 15 feet greater than the 25 foot required minimum front yard as established by ordinance for the C-3 General Commercial zoning district. Staff feels that this minor encroachment would not be out of character with similar structures in the general area and should have no impact on adjacent properties. If the building line variance is approved, the applicant will have to do a one lot replat to reflect the change approved by the Commission. The applicant should review the filing procedure with the circuit clerk to determine if the replat requires a revised Bill of Assurance. 8. Staff Recommendation: Staff recommends approval of this application subject to the following conditions: 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with the City Engineer Comments 3. Compliance with the Utility Comments 4. Staff recommends approval of the building line variance subject to a replat of the lot reflecting the change in the building line as approved by the Commission. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 1996) Jeff Mallett and Mike Pierce were present, representing the application. Mr. Mallett gave a brief description of the proposal. There was a brief discussion regarding the type of use proposed and why this type of use requires a conditional use permit in the C-3 zoning district. There were no further comments on this matter. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. 3 March 28, 1996 ITEM NO • 8 (Cont ) FILE NO.: Z-6101 PLANNING COMMISSION ACTION: (MARCH 28, 1996) The Staff presented the item and a recommendation of approval as noted in the agenda "staff recommendation". There were no further issues for resolution. There were no objectors present. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 4 March 28, 1996 ITEM NO 9 FILE NO.• Z-6104 NAME: LOCATION• OWNER/APPLICANT• PROPOSAL• ORDINANCE DESIGN STANDARDS: 1. Site Location: Chenonceau Park - Conditional Use Permit Chenonceau Blvd. Deltic Farm and Timber Co., Inc./Joe D. White, Jr. A conditional use permit is requested to allow for the construction of a neighborhood park on this R-2 zoned, 2.23 acre site. This site is located on the west side of Chenonceau Blvd., approximately 800 feet north of Chenal Parkway. 2. Compatibility with Neighborhood: The site is abutted by vacant, multifamily zoned property to the north and east. Adjacent property to the west (Aberdeen) is zoned R-2 and contains a number of single-family residences. The property across Chenonceau Blvd. to the south (Bayonne) is also zoned R-2 and contains single family residences. This proposal should have little impact on the surrounding properties. 3. On -Site Drives and Parking: The number of proposed parking spaces exceeds the minimum ordinance requirement. A single access point from Chenonceau Blvd. is proposed. 4. screening and Buffers: The site must comply with the City's Landscape and Buffer Ordinances. The parking area must be screened from adjacent residential property. This may be accomplished with 30 inch high evergreen shrubs (at planting) or low growing evergreen trees in areas not adequately screened with existing natural vegetation. March 28, 1996 ITEM NO.: 9 (Cont.) FILE NO.: Z-6104 5. City Engineer Comments: A grading permit is required prior to construction. Furnish Stormwater Detention information for site prior to construction. Connect sidewalk on Chenonceau to sidewalk into building. Due to potential drop off of children, would not a circular drive arrangement with a one-way drive be better for this park? Please discuss with Traffic Engineering. 6. Utility and Fire Department Comments: Fire Department: The driveway within the proposed parking area should be a minimum of 20 feet wide. Little Rock Wastewater Utility - sewer main extension required with easements to provide sewer service to this project. 7. Staff Analysis: Deltic Farm and Timber Company, Inc. is requesting a conditional use permit to allow for the construction of a neighborhood park on this R-2 zoned, 2.23 acre site located on Chenonceau Blvd. The park will consist of a swimming pool, "kiddie" pool, basketball court, a 25 X 55 foot clubhouse and parking lot. Use of this facility will be provided for Chenal Valley Property Owners Association members. This facility will be located between two of Chenal Valley's rapidly growing neighborhoods(Aberdeen and Bayonne), just off Chenonceau Blvd., and will also be in close proximity to the recently approved preliminary plat of "Duquesne". This site is currently vacant and heavily wooded. In developing this site, the applicant proposes to leave as many of the mature trees as possible undisturbed. The applicant also proposes that any lighting of the site will be low-level and directed away from adjacent residential property. Based on the type of use proposed and the applicant's proposed treatment of the site, staff feels that this proposal is appropriate for the area and should have no adverse impact on the surrounding properties. 8. Staff Recommendation: Staff recommends approval of this application subject to the following conditions: 2 March 28, 1996 ITEM NO 9 (Cont.) FILE NO.• Z-6104 1. Compliance with the City's Landscape and Buffer Ordinances 2. Compliance with the City Engineer Comments 3. Compliance with the Utility and Fire Department Comments 4. The lighting of this site is to be low-level and directed away from adjacent residential property. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 1996) The applicant was not present. Monte Moore, of the Planning Staff, gave a brief description of this proposal, including the location of this site and the type of use proposed. There was no further discussion on this matter. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The Staff presented the item and a recommendation of approval as noted in the agenda "staff recommendation". There were no further i9sues for resolution. There were no objectors present. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion was passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 3 ' March 28, 1996 ITEM NO.• 10 SUBJECT• STAFF REPORT• Planning Commission Bylaw Amendment This matter is submitted for commission discussion and action following the suggestion of Department Director Jim Lawson at the commission meeting on January 30th this year. The language offered simply deletes two paragraphs in "D." special rules of procedure." Those being the first two paragraphs of Subsection 4.c. on page 10. These set forth automatic deferral on certain votes and set a two deferral limit, prior to submitting to the Board of Directors. The Staff recommends that these two paragraphs be deleted and the balance of D.4.(c) be retained. 4. Majority Vote (a) A simple majority of those members present at a meeting shall be sufficient to approve any administrative or procedural action. (b) An approval or a denial of an issue shall constitute final action. A majority vote of the full Commission shall be required in order to take final action on any issue requiring Planning Commission approval at a public hearing. (c) 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. March 28, 1996 ITEM NO.: 10 (Cont.) PLANNING COMMISSION ACTION: (FEBRUARY 27, 1996) The Chairman asked Staff to make a presentation of this item. Richard Wood, of the Planning Staff, came forward and offered general commentary on what the amendment proposed and offered some background on why the item is before the Commission. A general discussion then followed with numerous comments from the Planning Commission as to the construction and effect of the proposed Bylaw Amendment. The general consensus was that this would be a more flexible and appropriate bylaw structure given the kinds of circumstances that develop before the Commission. After a lengthy discussion, it was determined that the item was appropriate to proceed to adoption; however, a question of a commissioner brought forth an instruction from Cynthia Dawson, of the City Attorney's Office. Her comment dealt with the structure for public hearing and adoption process. She stated that the current bylaws require that this item be presented at this meeting in written form and another hearing be set for the specific adoption of the Bylaw Amendment. A motion to accomplish that action was made and passed by a vote of 9 ayes, 0 nays, 1 absent and 1 abstention. PLANNING COMMISSION ACTION: (MARCH 28, 1996) The Chairman, Mr. Woods, asked that staff make the presentation on the Bylaw Amendment Proposal. Richard Wood, of the Staff, offered a brief statement as to the status of the Bylaw Amendment stating that he felt that a vote on the issue was in order at this time in as much as staff understood there were no concerns. A brief discussion of several points of the Bylaw Amendment followed. The course of that discussion ranged from exactly what was being extracted from the current ordinance, the effect of that removal and how it effected automatic deferrals. The understanding after this discussion was that there was no automatic deferral of applications once this amendment occurs. The bylaw providing issues that cannot be determined by majority vote, negative or positive, would require forwarding to the City Board with a recommendation of denial. It was explained by both Wood and Jim Lawson, of the Staff, and Steve Giles, of the City Attorney's Office, that failure to obtain an affirmative vote on an action was in fact a vote to deny the action. This is supported by Robert's Rule of Order. The Chairman then recognized Mrs. Kathleen Oleson, a representative of the League of Women Voters. She posed a question as to the voting majority. The question was answered by Staff and Commission by stating; that, a majority vote of the full commission as it is E March 28, 1996 ITEM NO.: 10 (Con constituted is the requirement in order to take the final action. This applies regardless of the number of members present at a given meeting. The majority is not of those present; however, an administrative procedure may be accomplished by a simple majority of those present. This simple majority dealing with only those items that do not require a board of directors approval and ordinance or some variance or approval specifically set forth in the ordinance. Staff again clarified the primary reason for this amendment, that being to address concerns of the Board of Directors and of staff that items were being forwarded to the City Board after several deferrals automatically extended by the Commission. This is done with no recommendation to the Board as to the appropriate action. This amendment will not forward cases to the Board of Directors without a recommendation of approval, denial or modification. After several brief comments, the Chairman, Mr. Woods, asked for a motion. The motion was made to approve the Bylaws as prepared and submitted. A vote on the motion was unanimous producing 8 ayes, 0 nays, 2 absent and 1 open position. 3 3. 4. interest exists, that member should obtain an opinion from the Office of the City Attorney before either participating in the discussion or voting on the rezoning application or subdivision matter in question. Motion and Voting Any matter of business requiring action by the Commission may be presented by oral motion, and the members present may vote there on by simple voice vote. In case of split vote, the Chair may ask for a show of hands. The minutes shall indicate voting to be "denied" or "passed" and the name of any abstainer. Voting on election of officers in which there is a contest shall be by secret, written ballot. Majority Vote (a) A simple majority of those members present at a meeting shall be sufficient to approve any administrative or procedural action. (b) An approval or a denial of an issue shall constitute final action. A majority vote of the full Commission shall be required in order to take final action on any issue requiring Plann.ing Commission approval at a public hearing. (c) In those instances where a majority vote of the full Commission cannot be obtained to take final action, the matter before the Commission shall be automatically deferred until the next scheduled meeting. One (1) automatic deferral shall be allowed an any matter before the Commission which requires subsequent action by the Board of Directors. If the Commission fails to resolve the matter at the rehearing and enough votes for final action cannot be obtained, the following shall apply. 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 at the second meeting, 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. 5. Conduct of Hearing Public hearing shall be conducted informally, and the Chairman shall make all rulings and determinations regarding the admissibility of the evidence, the scope of the inquiry, the order in which evidence, objections and arguments shall be heard, and other like matters, except that any member shall be privileged to make inquiries personally and to call for a vote on any ruling of the Chairman with which he does not agree, whereupon the vote shall determine the effective ruling. It shall be the purpose of the Chairman to expedite all hearings, confining them to the presentation of only essential matters in the interest of saving time, but entertaining the presentation of sufficient matter to do substantial justice to all concerned. E. General Policies 1. Formal Action No request for advice, or moot question may be acted upon formally by the Commission. 2. Closing of Docket No application for a change in zoning, subdivision plat approval, etc. shall be submitted to the Commission, or prepared by the Secretary for submission, unless the same has been filed in the required fashion and no later than the docket date established by the adopted calendar. The staff shall investigate and consider each application, advertise the hearing, and present its findings, on an area wide basis rather than an individual site basis. 3. Open Meetings All meetings of the Commission shall be open to the public as required by law (other than Executive session - Article IV. D.). 11 March 28, 1996 ITEM NO • 11 OTHER MATTERS NAME: Area III Extraterritorial Zoning SOURCE: College Station Progressive League and College Station Community Development Corporation REQUEST: To extend Zoning Jurisdiction to the College Station community and an area generally south of Frazier Pike, east of Gilliam Park, west of the Arkansas River and north of Harper and Thibault Roads. STAFF REPORT In 1988 and 1989, the Planning Commission and Board of Directors passed resolutions expressing an intent to zone areas outside the Little Rock corporate boundary. The resolutions identified three priority areas, Areas I, II and III, for zoning. Area I, north of Kanis/Denny Roads, was zoned in February 1990. Area II, between the county line and Kanis/Denny, was reclassified in February 1992. (Act 56 of 1987 allows cities to zone up to three miles beyond the city limits.) Because of strong negative reactions by property owners in the planning area south and southeast of Little Rock, Area III was reduced from all of the planning area to College Station and the area south to Sweet Home and east to the Arkansas River. In 1992, the City of Little Rock decided to suspend the process to zone Area III and allow the enforcement staff to absorb Areas I and II. Residents of the College Station community are now requesting the city to exercise zoning jurisdiction in Area III. A public meeting was held in February of this year to discuss the proposed extraterritorial zoning with Area III property owners and other interested parties. There was some opposition raised to the proposal of extending the city's zoning control. College Station is a developed area, having residential, commercial and service uses. (It should be noted that a portion of College Station, the area east of Jones Street, is within the city limits of Little Rock.) The area between College Station and Sweet Home has a scattering of residences, but also includes industrial, mining and agricultural uses. The majority of the land south of the Port is low (floodplain/floodway) and the primary use is farming; there are also residences and industrial uses. Due to the proximity to the airport and Port, the city identified this area for extraterritorial zoning. March 28, 1996 ITEM NO.: 11 (Cont.) OTHER MATTERS STAFF RECOMMENDATION Staff recommends that Area III be zoned R-2 Single Family. PLANNING COMMISSION ACTION: (MARCH 28, 1996) Staff reviewed the item and presented some background on the extraterritorial zoning issue. Staff then discussed the history of the Area III request and the process for zoning an area outside the city limits. Two maps were used to identify Areas I, II and III. Norris Greer, representing the College Station CDC and the Progressive League, spoke and reviewed the proposed Apple Blossom Subdivision. Mr. Greer said the residents were looking for a way to develop College Station and zoning control was needed for the area outside the city limits. He said the request was not for annexation, but to get a handle on future development. Mr. Greer concluded by saying the request to extend zoning was only for College Station. Wilma Walker, College Station Progressive League, spoke in support of zoning control for College Station only, and not for all of Area III. Ms. Walker discussed the letter requesting the zoning and the accompanying petitions. She said more petitions have been circulated in the community. Ms. Walker continued by discussing the issue of a body shop wanting to locate in the neighborhood. Ms. Walker said that the community wants to have control over future development and there has been a real problem with absentee property owners. Rollie Remmel discussed a previous zoning action in the area and said he was opposed to extending zoning control. Christopher King, 4520 East 38th, discussed the petitions and described them as being bogus. Mr. King said the entire community was opposed to the zoning and only two residents have expressed support for the zoning control. Commissioner Doyle Daniel made some comments about nonconforming uses. Edward Flowers, 3821 Jones, said he has lived in College Station for 55 years and his house was now within the Little Rock city limits. Mr. Flowers said he was against the proposed zoning. Ben Kelley, a College Station resident, said he was opposed to extending the City's zoning control into the area. Wingfield Martin distributed a letter to the Planning Commission. Fa March 28, 1996 ITEM NO • 11 (Cont.) OTHER MATTERS Jane Baugas, a property owner, described her ownership of 200 acres and said the land has always been used for agricultural purposes. Ms. Baugas felt that the proposed R-2 was inappropriate for her land. Betty Isgrig objected to the proposed zoning and read a statement. Ms. Isgrig said that no property owner wants the zoning and it did not offer alot of protection. Ms. Isgrig asked that her land be removed from Area III. At this point, staff made some comments about a number of issues. Mary Ratcliffe, a resident of Sweet Home and owner of 700 acres, spoked and described the area. Ms. Ratcliffe said that she was opposed to zoning control in the area. B. K. Bethge, Boatmen's Trust, discussed the land use plan for the area and said he was opposed to the R-2 zoning for Area III. Jack Tyler, a land owner on Thibault Road, said that R-2 was inappropriate because his land has been used for farming. Kim Hogan, a resident on Frazier Pike, described the area and discussed the Fourche Creek community. Ms. Hogan asked that only College Station be zoned and she was opposed to the proposed zoning control for Area III. Commissioner Larry Lichty made some comments and asked about other extraterritorial zonings. Barbara Hartsell, owner of 15 acres on Thibault, said the staff misled the community and she was opposed to the Area III zoning. Commissioner Herb Hawn spoke and defended the staff. Wally Allen said it would be a mistake to zone the area R-2 and other classifications should be considered. Mr. Allen said that industrial development was appropriate for the area. There was a long discussion about a number of issues. Staff suggested that the item could be deferred to allow the staff to review other zonings for the area. A motion was made to defer the issue to the May 9, 1996 meeting and for staff to accept requests for other reclassifications. The motion passed by vote of 7 ayes, 0 nays, 2 absent, 1 abstention (Daniel) and 1 open position. (April 15, 1996 was given as the deadline for submitting zoning requests and property descriptions and/or surveys for other classifications.) 3 RESOLUT I ON___. 92 TO EXPRESS THE INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE LITTLE ROCK PLANNING AREA IN PHASES WHEREAS, the City of Little Rock has authority to zone property within 3 miles of the City Limits under revised Arkansas Statute 19-2829, and; WHEREAS, the City of Little Rock wishes to have orderly and compatible growth within areas adjacent to the City which could become part of Little Rock, and; WHEREAS, the City of Little Rock has several requests by private property owners to rezone their property within the Planning area. NOW, THEREFORE, BE IT ORDAINED BY THE LITTLE ROCK PLANNING COMMISSION; SECTION 1: That the City of Little Rock intends to exercise the Little Rock Zoning Ordinance within the boundaries of the Little Rock Planning Area to meet the necessity of orderly and compatible growth and the desires of abutting land owners by using the priority schedule shown on Exhibit A (attached). SECTION 2: The priority system shown on Exhibit A was derived from the following criteria: (a) Expression of property owners of a desire to be zoned and later annexed; (b) The amount of development activity occurring or anticipated to occur in the near future; (c) The City's staffing ability to handle new territory. PASSED: Chairman Secretary its. RESOLUTION _8,1i0 TO EXPRESS THE INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE LITTLE ROCK PLANNING AREA IN PHASES WHEREAS, the City of Little Rock has authority to zone property within 3 miles of the City Limits under revised Arkansas Statute 19-2829, and; WHEREAS, the City of Little Rock wishes to have orderly and compatible growth within areas adjacent to the City which could become part of Little Rock, and; WHEREAS, the City of Little Rock has several requests by private property owners to rezone their property within the planning area; and WHEREAS, the Little Rock Planning Commission, after conductinc a Public Hearing, recommends the approval -Of this resolution. NOW, THEREFORE, BE 1T ORDAINED BY THE LITTLE ROCK BOARD OF DIRECTORS; SECTION 1: That the City of Little Rock intends to exercise the Little Rock Zoning Ordinance within the boundaries of the Little Rock Planning Area to meet the necessity of orderly and compatible growth and the desires of abutting land owners by using the priority schedule shown on Exhibit A (attached). SECTION 2: The priority system shown on Exhibit A was derived from the followinc criteriz: (a) Expression of property owners of a desire :o be zoned and Iater annexed; (t) The amount of development activity occurrinc or anticipated to occur in the near future; (c) The City's staffing ability to handle new territory. ADOPTED; June 20, 1989 A � : EST : Jane Czech APPROV=D: F lo,\-c G . Vi 11ines..,..._III City Clerk N,ayor Saline Count Lin nornh 1 - highest activity/priority 3 - lowest activity/priority EXT_ ATERRITORIAL`I Y Sk Saline County Line —0 N exhtbti: A INTENT TO ZONE March 28, 1996 ITEM NO.12 NAME: River Market Design Overlay District REQUEST: To amend the current River Market Design Overlay District TAFF REPORT: The purpose of establishing the River Market District was to create a festive, pedestrian orientated district with a quality mixture of commercial, office and residential uses. Once established the district will become a viable location for business, cultural and entertainment activities. Buildings, signs, street furnishings, trees should all be designed to be pedestrian friendly both during the day and at night. Careful planning is needed to insure proper placement of these items and to avoid these items from becoming a mass of visual clutter. Visual Clutter is not a major problem in the River Market District at present, but it is good planning to anticipate and prepare for future problems, especially after considering the potential benefits of new economic development. Guidelines and strategies must be in place to protect the district from the impacts of poor or unplanned projects. Incompatible development has the potential to destroy the very thing which will attract people to the district in the first place. Programs and policies should be enacted to maintain and enhance the visual quality of the River Market District, as well as to protect it from future development which might not be sensitive to the district. Physical design elements of the district should be controlled/reviewed to ensure appropriate design and compatible development. Since May 1995, the property owners within the River Market District have had monthly meetings. Also attending these monthly meetings were representatives from: City Manager's office, Little Rock Board of Directors, Department of Neighborhoods and Planning, Department of Parks and Recreation, Public Works, Comcast Cable, Little Rock Wastewater, APL, Southwestern Bell, Arkla, Little Rock Water, Highway Department, Central Arkansas Library System, Farmers Market, Museum Center and the Downtown Partnership. The goal of these meetings was to carefully coordinate the various activities which affect all involved parties. At the December 1995 meeting, Neighborhood and Planning staff presented the first draft of the Design Overlay District (DOD). Property owners were asked to review the DOD over the next couple weeks and Staff would meet with each property owner. Staff decided to meet with property owners block by block, since they had common interests and concerns. Block meetings (usually two or three property owners) were held and comments and concerns were reflected in the next draft presented to the property owners at the February 1996 meeting. 1 March 28, 1996 ITEM NO,12 At the February 1996 meeting, Staff presented the updated draft of the DOD. Copies were handed out to property owners in attendance and were also hand delivered to all property owners. Staff asked property owners to contact Neighborhoods and Planning with any comments by March 1st, 1996. Minor adjustments were made to the DOD based on property owners' comments. On March 5, 1996, the Little Rock Board of Directors voted to approve Ordinance Number 17,136 (pages 3-4) which established the Design Overlay District for the River Market District. The amendment to this Ordinance (pages 5-16) will include the Design Guidelines which have support from the property owners of the River Market District. STAFF RECOMMENDATION• Approval PLANNING COMMISSION ACTION: (MARCH 28, 1996) Staff recommended the item to be placed on the consent agenda for deferral to the April llth, 1996, Planning Commission meeting. There was no one present in opposition of the deferral. The Planning Commission approved the consent agenda unanimously. 2 March 28, 1996 Item No.12 ORDINANCE NO. 17,136 AN ORDINANCE ESTABLISHING AN OVERLAY DISTRICT FOR THE RIVER MARKET DISTRICT PURSUANT TO DESIGN OVERLAY AUTHORITY, CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; FOR THE CREATION OF STANDARDS FOR SIGNS ON PUBLIC BUILDINGS LOCATED WITHIN THE DISTRICT; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the River Market District represents a significant historical and physical feature which the city wishes to maintain; and, WHEREAS, the River Market District is the core of a significant commercial, cultural and entertainment area that the city wishes to remain viable; and WHEREAS, the existing City ordinances are not compatible with the particular concerns for the River Market District; and WHEREAS, recent and possible future development and redevelopment may change the character and significance of the River Market District without special considerations; and WHEREAS, construction of public buildings are occurring in the district. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Pursuant to Chapter 36 of the Code of Ordinances of the City of Little Rock, an overlay for the River Market District is hereby established as follows: A. Purpose and Intent The purpose of establishing the River Market District is to create a festive, pedestrian orientated district with a quality mixture of commercial, office and residential uses. Once established the district will become a viable location for business, cultural and entertainment activities. Buildings, signs, street furnishings, trees should all be designed to be pedestrian friendly both during the day and at night. Careful planning is needed to insure proper placement of these items and to avoid these items from becoming a mass of visual clutter. B. District Boundaries The district is to be all parcels in Block 1, Block 2, Block 3, Block 6, Block 7 and Block 8 of Pope's Addition; and Block 35 and Block 36 of Original City. K? March 28, 1996 Item No.12 C. Application of District Regulations The regulations of this ordinance shall be in addition to and shall overlay all other zoning districts and other ordinances requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property within this overlay district will have requirements of both the underlying and overlay zoning districts in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between this ordinance and other City of Little Rock ordinances, the overlay requirements shall control. These regulations apply to all development, redevelopment or expansion of existing development. D. Overlay Design Guidelines 1. Signs on Public Buildings Signs on public buildings shall conform to the standards outlined in this Design Overlay District with the exception of those signs which have: significant architectural elements; serve as an entrance to the Riverfront Park and are otherwise consistent with the Design Overlay District standards. These exceptions have to be approved by the City Board of Directors. SECTION 2. Declaring an emergency. The Board of Directors hereby finds and declares that as a result of current and planned development in the River Market District, that in order to protect and preserve the health, safety and welfare of the citizens of this City, on emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED: March 5, 1996 ATTEST: Robbie Hancock City Clerk APPROVED AS TO FORM: Thomas M. Carpenter Thomas M. Carpenter, City Attorney APPROVED: Jim Daily Mayor ri March 28, 1996 Item No.12 D. Overlay Design Guidelines 2. Signs and banners located on or facing Markham Street, Commerce Street., Rock Street, Sherman Street, Cumberland Street and Second Street a. Location • Signs shall not hide any architectural detail or any features of the building. • Signs shall not visually clutter nor interfere with views of the building. • Signs shall be confined to the flat surface of the building and not project further than 0'-5" from the building facade. • Signs shall not be painted directly to the face of the building. • The maximum sign height on a building shall be below the second floor window sill; or in a single story building, below the overhang (except those permitted in D.1.) • Awning valences are appropriate locations for signage. • Signs shall not number more than three per business. • Signs should be adequately spaced from other signs. • Free standing signage shall be prohibited. b. Appearance • Signs should be compatible with the architecture of the building on which it is located. • The design of signs should capitalize on the special character of the River Market District. • Each sign shall be one quarter of a square foot of sign area for each linear foot of primary street building frontage, not exceeding 25 square feet per sign. • Window signs shall not cover more that twenty five percent of each glass panel. • Awning signs shall not exceed six square feet per awning. • Colors used on signs should be compatible with others used in the River Market District. • Materials used in the signs should be sensitive to signs and architecture on adjacent sites. • Neon shall be permitted. 5 March 28, 1996 Item No.12 • In accordance with the federal Landham Act, businesses with registered trademarks are allowed to display that mark in signage. • Advertising copy on signage shall be prohibited. c. Lettering • Letters should not exceed 1'-6" in height. • Letters should not exceed three-quarters of the height of the sign. • No more than sixty percent of a signs total area should be occupied by lettering. d. Lighting of signs • Light fixtures for signs shall not be readily visible from the street or sidewalk. • Internally lit signs shall be prohibited. e. Banners • Banners shall be restricted to hanging from street lights. 3. Signs and Banners located on facades facing the Arkansas River a. The buildings facing both the River and East Markham present an unique opportunity to create their own character on the facades that face the River. These facades will share views with the Riverfront Amphitheater and the River. These facades should compliment the festive atmosphere that has been established by the Riverfront Amphitheater and the River Market. b. Location • Signs should not hide any architectural detail or any features of the building. • Signs shall not visually clutter nor interfere with views of the River. • Signs shall be confined to the flat surface of the building and not project further than 0'-5" from the building facade. • Signs shall not be painted directly to the face of the building. • The maximum sign height on a building shall be below the overhang of the roof. • Awning valences are appropriate locations for signage. • Signs shall not cover more than ten percent of the facade facing the River. 1.1 March 28, 1996 Item No.12 • Free standing signage shall be prohibited. c. Appearance • The design of signs should capitalize on the special character of the River Market District. • Window signs shall not cover more than twenty five percent of each glass panel. • Neon shall be permitted. • In accordance with the federal Landham Act, businesses with registered trademarks are allowed to display that mark in signage. • Advertising copy on signage shall be prohibited. d. Lighting of signs • Internally lit signs shall be prohibited. e. Banners • Banners shall be restricted to hanging from street lights. 4. Sidewalks a. Width • Sidewalks shall consist of a 7'-6" concrete walk and a 4'-0" red brick paving planting strip. • Sidewalks shall have an 12'-0" overall width from building face to curb face. b. Materials • The walks, curbs, gutters, and treegate frames shall be concrete. • The planting strip shall consist of red brick pavers. c. Handicapped ramps • Two (2) handicapped ramps shall be provided per corner or the entire corner may be turned down. • Ramps shall have 1:10 side slopes. • Ramps shall have a 1:12 maximum slope. • Ramps shall be 5'-0" in width with striations perpendicular to pedestrian traffic movement. • Slopes shall be congruent between ramps. • There shall be a minimum 51-0" landing at the top of all ramps. March 28, 1996 Item No.12 d. Curb and gutters • Curbs shall be typically 6" in height. • Gutters shall be typically 18" in width. e. Tree planting strip • The tree planting strip shall be a 4'-0" wide brick paving strip on 2" sand base and 18" topsoil backfill. • The 6" concrete tree grate frame shall be integrated with the top of the curb. f. Utilities • All utilities shall be located under the street. g. Use • Sidewalks shall provide adequate clearance for ease of pedestrian traffic and movement. 5. Building form a. Materials • Historic materials or distinctive architectural features shall not be removed or hidden. • The type of materials and their color, texture, scale and detailing should be compatible with those of buildings on adjacent sites. • Surface cleaning on historic structures should be done with the gentlest possible method. b. Roof types • Building roofs should relate to the overall size, shape, slope, color and texture of roofs of adjacent buildings on adjacent sites. c. Openings • Historical upper facade windows shall retain original dimensions and details. • Historical storefront configuration shall not be altered. • New construction shall have a pattern of windows and doors which recall similar patterns on facades of buildings on adjacent sites. • Primary entrances shall be parallel with the street. E:3 March 28, 1996 Item No.12 d. Style and form • New construction shall not exceed three stories in height or a total height of 45'-0". • Buildings shall maintain the distinction between upper and lower levels. • Buildings shall reinforce the established horizontal lines of facades of buildings on adjacent sites. • Historical context of buildings shall be restored to original designs. • The sides and rear of buildings shall be maintained properly, as these areas can be viewed from the street, interstate and the river. e. Mass New construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites. The primary facade of a building shall be oriented parallel with the street. f. Projections • Objects shall not project from the building facade over the public right of way. (exceptions: awnings and balconies) • Awnings shall not project more than 3'-0" from the building facade and have a minimum clearance of 9'-0" above the sidewalk. • Balconies over the public right of way shall have a minimum clearance of 9'-0" above the sidewalk. One inch of projection is permitted for each additional inch of clearance above 8'-0", provided that no such projection shall exceed a distance of 3'-0". g. Graphics • Historic wall murals painted on the exterior masonry wall shall be preserved and maintained. h. Setbacks • Buildings shall buildings on retain similar setbacks as adjacent sites. 0 March 28, 1996 Item No.12 6. Awnings a. Appearance • Colors should be compatible with others used in the River Market District. • Awnings shall relate to the shape of the opening. • Awnings shall have a minimum clearance of 9'-0" from the sidewalk. • Awnings shall not project more than 3'-0" from the building facade. • Awnings shall be manufactured from canvas, vinyl coated canvas, acrylic fabrics or other architectural materials compatible to the building and to the River Market District. b. Location • Awnings shall cover only the store front display windows or transom above the main entrance. Upper facade details shall not be obscured. • Direct back lit awnings are prohibited. c. Use Retractable canvas awnings are allowed but may not extend more than 4'-0" and maintain a clear height of 9'-0". 7. Landscaping a. Plant Materials • Markham Street from I-30 to Cumberland Street shall be Acer x Freemanii `Jeffersred'; Autumn Blaze Maple trees. • Commerce Street from Markham to Second Street shall be Acer x Freemanii `Jeffersred'; Autumn Blaze Maple trees. • Streets with north\south orientation including and between I-30 and Cumberland Street and north of Second Street shall be Taxodium distichum; Bald Cypress trees. • Second Street from I-30 and Cumberland Street shall be Fraxinus pennslvanica `Marshall's Seedless'; Marshall's Seedless Green Ash trees. • Plazas and open spaces shall be Ostrya virginiana; American Hopornbeam trees and Gleditsia tricanthos var. inermis `Moraine'; Moraine Thornless Honeylocust trees. 10 March 28, 1996 Item No.12 b. Size • Street trees shall be 3"-3 1/2" caliper trees. • Plazas and open spaces shall be 1 1/2'-2" caliper trees. c. Location and spacing • Trees shall be 30'-0" on center and 2'-0" off back of curb. • Trees shall allow for adequate site distance at intersections. d. Irrigation systems • Irrigation systems shall provide four (4) irrigation bubbler heads per tree well. • All systems shall have backflow preventors. • Automatic controllers shall be pole mounted. • Valve box covers shall have snaplocks and be located within the brick planter strip. e. Tree grates • Tree grates shall be 41x4' cast iron with slot openings no more than 1/4". • Tree grates shall be set into concrete and angle iron curb collar; 6" exposed at surface, minimum 12" depth. f. Subdrainage • A gravel drain shall consist of a 4" perforated pipe wrapped in washed, crushed gravel and geotextile running parallel with planting strip. • A gravel drain shall be approximately 4'-0" below finished pavement elevation and connected to the storm drainage inlet. • The bottom of the gravel drain shall be sloped for positive flow towards the 4" perforated pipe g. Planting medium • Topsoil backfill shall contain 10% organic material and be free of objectionable materials. • The tree root ball shall be set in place on compacted SB-2 sub -base pedestal and covered with 2" washed river gravel. 11 March 28, 1996 Item No.12 8. Street lights and furnishings a. Lights • Pedestrian posts and luminaries shall be Antique Lighting "Capitol" Series; catalog # C12/17-Cl/BK-WAT-23/BK/FB- M175/240-III. • Roadway intersection posts and luminaries shall be Antique Lighting "Capitol" Series; catalog # C17/20-CIS/BK-WAT- 23/BK/FB-M250/120-III-PEC. b. Spacing and location • Pedestrian posts and luminaries shall be located every third tree within a block. • Roadway posts and luminaries shall be located 15'-0" off right-of-way of perpendicular streets; one (1) per corner. c. Furnishings • Signage and street equipment shall be in the same design family as light posts and luminaries. • Trash receptacles shall be manufactured by Cantebury International; Pennsylvania Avenue Model. • Benches shall be located on the inside of roadway intersections posts and luminaries and style manufactured by Dumor Model # 57 Bench; six (6) foot long. • Bus shelters and information kiosks shall be uniform in architectural language and character to streetscape equipment and building form. • Newspaper stands shall be of the same style and size and be incorporated as an integral part of the street furnishings. 9. Land use a. Type • A mixture of office, commercial and residential land uses shall be permitted throughout the River Market District. These uses shall be both neighborhood and pedestrian orientated and shall discourage uses which require heavy automobile use. b. Location • First level of buildings should provide visual interest to pedestrians. 12 March 28, 1996 Item No.12 c. Compatibility • Uses shall be compatible with the River Market District's overall philosophy of a pedestrian oriented cultural and entertainment center for the City of Little Rock. 10. Streets a. Crosswalks • Crosswalks shall be constructed of red brick pavers bound by 1'-0" wide by 2'-0" tall concrete band on both sides. • The running bond brick pattern of the crosswalks shall run perpendicular to vehicular traffic. • Brick pavers shall be 8000 p.s.i. to withstand vehicle loads. 11. Parking a. Location • Parking lots shall maintain typical setbacks. • Parking lots shall not surround a building. • Buildings should not be removed to provide surface parking. b. Landscaping • Parking lots abutting sidewalks shall have a buffer area. • Parking lots shall follow the minimum landscaping requirements as set forth in the Landscape Ordinance. Landscaping beyond that which is required is encouraged. c. Lighting • Parking lot lighting shall match the style used on the streetscape. d. Design • Parking lots shall be sensitive to the overall design of the River Market District. e. Mass transit • Parking lots of more than 50 vehicles shall provide the opportunity for parking buses. 13 . March 28, 1996 Item No.12 12. Curb cuts a. Location • New curb cuts on Markham Street shall be prohibited. • Existing curb cuts on Markham Street should be removed or minimized to reduce conflicts with pedestrian traffic. • Curb cuts on Commerce Street should be removed or minimized to reduce conflicts with pedestrian traffic. • Curb cuts on Second Street, Sherman Street and Rock Street should be removed or minimized to reduce conflicts with pedestrian traffic. b. Number per block • Curb cuts shall be minimized to allow for easy and safe pedestrian movement throughout the River Market District. c. Size • Curb cuts shall be limited to a maximum of 22'-0" in width. 13. Open Spaces/Plazas a. Size • Open spaces/plazas shall not be smaller than 1200 square feet. • Open spaces/plazas shall provide one seating space for each fifty square feet of open area. • Open spaces/plazas shall be accessible along one fourth of its perimeter. • Open spaces/plazas shall be visible from adjacent public areas. • Open spaces/plazas shall have a sense of enclosure so that the space provided feels like an outdoor room. b. Landscaping • A minimum of twenty percent of open space/plazas shall be set aside for landscaping. 14. Alleys a. Use • Alleys shall serve as attractive alternative routes for pedestrians, as well as efficient service access for vehicles. 14 March 28, 1996 Item No.12 Existing north\south alleys in the River Market District shall be used for pedestrian movement only. All vehicular traffic is prohibited. • East\west alleys shall be used for egress and ingress to the rear of buildings and parking lots. • Alleys shall have adequate lighting for pedestrians. 15. Fences/Walls a. Design • Chain link fences and razor/barbed wire are prohibited. • Ornamental iron fences may be appropriate where compatible with the style of the building. 16. Views a. Corridors • New construction shall be sensitive to all view corridors including: the East Markham Street corridor and the Commerce Street corridor. b. River • Views of the River shall be protected from any obstructions or visual clutter. G. River Market District Design Review Committee A Design Review Committee (DRC) will be established by the Board of Directors to protect the visual integrity of the River Market District. The Board of Directors will appoint a five member committee consisting of; 1. One (1) land owner of property in the River Market District. 2. A representative from the Quapaw Quarter Association to be selected from a list of three recommended by the QQA Board of Directors. 3. A design professional (architect, planner or landscape architect). 4. A representative from the Downtown Partnership to be selected from a list of three recommended by the Downtown Partnership. 5. A representative from the City to be named by the City Manager's Office. The appointments to the DRC shall be so arranged that the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years. Members who are appointed to fill vacancies for 15 March 28, 1996 Item No.12 unexpired terms shall join the DRC at the next meeting following their appointment and confirmation. The Design Review Committee will meet with the developer or designer of River Market District projects involving construction of a new building, exterior work on an existing building and any new signage. No building permit will be issued unless the DRC has reviewed the proposal. The DRC will meet on call as projects are filed with the planning staff. A written record of the review and recommendation would be forwarded to the Planning Commission on proposals not meeting the design guidelines established by the design overlay district. The DRC will function with a primary goal to provide substance and governance to the overlay design guidelines. This includes: 1. Providing businesses in the River Market District guidance in adhering to the overlay design guidelines. 2. Reviewing all new signage applications within the River Market District. 3. Conducting annual reviews of all businesses within the River Market District to ensure plan regulations are being followed. 4. Timely review of variance submissions made by property owners within the River Market District. 5. Maintaining a comprehensive variance report of all allowances made above and beyond the plan regulations. 6. Forwarding a review and recommendation of a proposal (not meeting the established guidelines) to the Planning Commission. F. Exceptions Property due to topography, site, irregular shapes or other constraints such as adjacent structures or features which significantly affect visibility and thus cannot be developed without violating the standards of this ordinance shall be reviewed through the Planned Unit Development (PUD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. 16 G cc U W cc W 0 0 z o� �N OV U I z z z J G. W Q IIIIIIIIIIII NN�1G��000 ao�ooe��ev �n��oaeoea car����oao �o0ee�e u�eoc� �un��am NN�AI�I� p��n■ wi C� H z w co rd W } Q z r� y March 28, 1996 There being no further business before the Commission, the meeting was adjourned at 6:05 p.m.