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pc_01 10 1984sub1 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD JANUARY 10, 1984 1:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being 11 in number. II. Approval of the Minutes of the Previous Meeting The minutes were not approved at this meeting. III. Members present: John Schlereth Jerilyn Nicholson Richard Massie William Ketcher Dorothy Arnett Betty Sipes John Clayton David Jones James Summerlin Ida Boles Bill Rector IV. City attorney present: Jim Sloan January 10, 1984 SUBDIVISIONS Item No. A NAME: LOCATION: OWNER /APPLICANT: PROPOSAL: Kerr Commercial Conditional Use (Z -4121) SW Corner of Intersection of Baseline Road and Daily Drive United Partnerships Daily Drive & Baseline Road Groups /Bob Richardson To rezone this property from "R -2" To "C -3" and to obtain a conditional use permit which would allow construction of five 55' x 270' mini - warehouse buildings and a 10,400 square foot retail building. ORDINANCE DESIGN STANDARDS: 1. 2. 3. 4. Site Location The site is located at the intersection of a minor arterial and a residential street. The property is relatively low in elevation and is generally flat. Compatibility with Neighborhood The immediate neighborhood is residential in character. The site itself is used as residential property. Vacant land is also adjacent to this site on both the east and west side. A commercial use, such as retail and mini - warehouse would not appear to be compatible with the existing neighborhood. On -Site Drives and Parking The applicant is proposing three points of access and 35 parking spaces. One access is proposed for Baseline Road and two for Daily Drive. Screening and Buffers The applicant is proposing landscaping on the east adjacent to Daily Drive. The applicant also proposes to construct a 6 -foot opaque fence on the south property 1 ine. ' r 7 t � i t U January 10, 1984 1 SUBDIVISIONS Item No. A - Continued 5. Analysis This proposal meets ordinance requirements for a "C -3" District. It also meets parking requirements. The applicant would, however, be required to dedicate and construct Baseline Road to minor arterial standards. Daily Drive would also need to be built to residential street standards. The staff does feel that this proposal is suspect in terms of the proposed land use. The Suburban Development Plan shows office in this area. In addition, the property has yet to be rezoned commercial. 6. Staff Recommendation The staff withholds recommendation on this item due to the conflict with the Suburban Development Plan and the impending rezoning action. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The applicant agreed with the staff assessment on Baseline Road and Daily Drive. The Committee felt that this issue should be reviewed after the impending zoning action is complete. PLANNING COMMISSION ACTION: The applicant was present and had apparently failed to give the adjacent property owners sufficient required notice of 10 days. The Commission voted 10 ayes, 0 noes, 1 absent to defer this item to the December 13, 1983, Planning Commission meeting. SUBDIVISION COMMITTEE REVIEW: The applicant was present. There were no new issues. PLANNING COMMISSION ACTION: The Commission voted 10 ayes, 0 noes, 1 absent to defer this item 30 days as the applicant will resubmit this proposal as a PUD in an 110-3" zoning district. n 7 t ' r January 10, 1984 SUBDIVISIONS Item No. A - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present. The Committee reviewed the application. Staff reported that the applicant had not technically applied for a PUD, which means that the item had not been legally advertised as such. Staff was instructed to investigate whether or not the applicant could pursue legal advertising on his own before the public hearing. PLANNING COMMISSION ACTION: (1- 10 -84) The Commission decided to defer this item so that legal advertisement could be made. The vote was: 11 ayes, 0 noes and 0 absent. t~ January �0, 1984 SUBDIVISIONS NAME: Process One PCD (Z -4123) LOCATION: Southwest Corner of Rodney Parham and Old Forge DEVELOPER: ENGINEER: Process One Richardson Engineers Ft. Smith, AR 1717 Rebsamen Park Road Little Rock, AR 72202 AREA: 0.57 acres NO. OF LOTS: 1 FT. OF NEW ST.: 0 ZONING: "R -2" PROPOSED USES: "C -3" VARIANCES REQUESTED: 1. Allow building to be within the 25' setback from the floodway. 2. Minimum acreage requirement. A. History of the Site None. B. Development Objectives 1. To provide the area with pickup and delivery photographic service. 2. The use of a PUD process as a more acceptable vehicle for development in the neighborhood than the usually required "C -3" zoning. C. Development Proposal 1. Building Area ...............910 sq. ft. 2. Parking ......................20 spaces 3. Waivers Requested: (a) Construction of building within the 25 -foot setback area from the floodway. January 10, 1984 SUBDIVISIONS Item No. B - Continued PLANNING COMMISSION ACTION: Mr. Bob Richardson represented the applicant. A revised plan indicated as "Plan C" was presented. It served to reduce parking and remove the building out of the floodway setback. The Commission determined that the main issue to be resolved involved use as land for a park (if acquired), for office (as proposed), or as residential (as zoned), since technical Ordinance requirements were met. Objectors, however, felt that just technical compliance in this instance was not enough. Spokespersons from the neighborhood included Mr. Chris Jackson, an attorney experienced in flooding matters and a resident to the immediate west, Mr. Al Gantz, a resident of 15 to 20 years, and Mr. Fred Arnold, a retired architect and resident of the area for 35 years. They contended that there was currently a flooding problem resulting in previous damages to their property, and expressed a fear of further damages if the property is developed. Mr. Jackson also stated that at the time he rezoned his present office site, he was advised against commercial zoning in the area. Finally, a motion was made and passed for a 30 -day deferral so that a more detailed study could be done to determine the natural flow of the water and weather damage would result to the abutting area if the property is developed. A motion passed by a vote of: 8 ayes, 1 noe and 2 absent. SUBDIVISION COMMITTEE REVIEW: (12- 29 -83) Mr. Bob Richardson, project engineer, stated that he is still awaiting the results of the hydraulic analysis being done by Garver and Garver Engineers. The City Engineer is requested to review the study before the meeting on the 10th. PLANNING COMMISSION ACTION: Mr. Bob Richardson represented the developer. Objectors from the neighborhood were in attendance. Mr. Richardson reported that the results of the HEC -2 Computer Program, based on data last updated in 1980, showed that this proposal caused no increase in flood levels. r January 10, 1984 SUBDIVISIONS Item No. B - Continued (b) Minimum acreage requirement. D. Engineering Considerations (a) Floodway and elevation information is represented correctly. (b) Recent Ordinance requires 25' setback from floodway line. (c) Chain link fence should not be placed in the floodway. E. Analysis The applicant has requested two waivers. Adequate justification is needed in order to grant a variance from the recently approved Floodplain Ordinance. The burden is on the applicant to provide this. Since this is a short -form PUD, there is no minimum acreage requirement. Staff felt that the proposed parking is a little excessive for the intended use. F. Staff Recommendation Approval of the plat but further justification for the waiver is needed. SUBDIVISION COMMITTEE REVIEW: Staff reported a change from their original recommendation to that of denial. The main objection is against the use of the property as commercial at this location. Staff's past policy reflects approvals of office on rezonings of this nature in the Rodney Parham area. Engineering also modified their position on the waiver, stating that they would accept the building line which designates the buildable area. Additional information received reflected the strong desire from the Parks Department for a park on this site. January 1,0, 1984 SUBDIVISIONS Item No. B - Continued Attorney Cliff Jackson challenged this position by stating that there was obviously a difference in the theoretical data and what was observed; and that the results of the study were not accurate because it was based on an erroneous outdated data base, as proved by neighborhood accounts of existing flooding problems. He stressed the danger of voting merely on theoretical assumption rather than relying on direct eyewitness account. It was pointed out that the City has already been legally challenged on two accounts in which it used this approach. An additional objection expressed was to "a junky commercial building adjacent to his house." Other speakers from the neighborhood included: (1) Mr. Al Janssen of 45 Warwick who showed pictures of flooding with a normal rainfall. (2) Mr. Fred Arnold who spoke against the outdated engineering data used in computation. (3) Mr. C.S. Ferrell of 55 Warwick submitted a petition with 26 signatures of persons who have a flooding problem when it rains. (4) Mr. Grant, who used to work as an architectural engineer, stated that the floodway and floodplain maps used for data weren't correct. Due to previous work experience, he knew that they were based on aerial photos. He reiterated previous comments concerning an existing flooding problem. (5) Mr. Bill Clendenen, a new property owner, objected to the proposed use of the property as commercial. A motion was made to approve the project. It was denied by a vote of 3 ayes, 7 noes and 1 abstention.* *Commissioner Rector abstained. January 10, 1984 Item No. C - Z- 2729 -C Owner: Barbara Jean W. Caldwell, Minnie Hocott Shive and Doug Toney Applicant: Bill Clark and E. Harley Cox, Jr. Location: Leander Street at Calden Avenue SE Corner Request: Rezone from "R -2" Single Family and "PRD" Planned Residential Development to "MF -24" Multifamily Purpose: Multifamily Development Size: 9.0 acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "I -2" and "R -2" South - Vacant and Single Family, Zoned "R -2" East - Commercial and Single Family, Zoned "R -2" West - Vacant, Zoned "MF -24" and "R -6" PLANNING CONSIDERATIONS: 1. The proposal is to develop the property for multifamily use. In another location, the property could accommodate the proposed use without much difficulty, but the area of this application presents some concerns and problems. The primary ones being access to the site and circulation. The property has only one direct access point and that is Kanis and Leander which is an unsafe intersection especially for heavy traffic flow. Traffic needing to go south would have to rely on a substandard street network and go through Boyle Park. It would be undesirable to allow the roads of Boyle Park to become primary routes to the development at this location. The existing street network cannot handle the heavier traffic loads created by high density residential development. (The property to the west is zoned "R -6" and "MF -24.11) Another general concern is the potential runoff into Rock Creek and its effects on existing development downstream. If all the land in this area is developed as zoned, the runoff would increase substantially and possibly have adverse impacts downstream. t t January 10, 1984 Item No. C - Continued 2. The site is vacant and heavily wooded. The high point is at the northwest corner and slopes down to the east. The majority of the property has slopes between 15 percent and 30 percent with some in excess of 30 percent. 3. There are no Master Street Plan requirements associated with this request. Leander Street and Calden Avenue are deficient in existing right -of -way widths so some dedication is necessary. 4. There have been no adverse comments received from the reviewing agencies at this time. 5. There are no legal issues associated with this application. 6. There is no documented neighborhood position on this property. The site was rezoned to "MF -24" in the early 1970's, and then the "PRD" was approved in 1981. The initial "MF -24" reclassification was part of a larger rezoning that included the properties to the west. The "PRD" was never developed. 7. Staff feels that the location is suitable for some type of multifamily development but is of the opinion that the "PRD" process should be utilized because of the various concerns associated with the site. A "PRD" will provide the needed review to address all the issues and to determine a realistic density for the property. Overbuilding of the site could create some potentially adverse impacts. The developers must agree to upgrade Leander Street to proper standards before any viable project can be undertaken. Without adequate circulation, higher densities will not work in the area and will compound the existing problems. STAFF RECOMMENDATION: Staff recomends denial of the "MF -24" request and that a "PRD" process be used for all the properties under the same ownership. January 10, 1984 Item No. C - Continued PLANNING COMMISSION ACTION: (December 13, 1983) The applicant, Bill Clark, was present. The Commission discussed the request at length. Discussions centered around the appropriateness of using the "PRD" process for the property. Mr. Clark stated that the "MF -24" zoning would better suit his development plans and offered a possible compromise which would down zone some "R -6" property to the west to "MF -24." Staff felt that the applicant was not offering anything with this compromise. The Commission was also informed that the applicant plans to develop approximately 16 acres to the west than is being requested for in the rezoning. Bob Holloway, Engineer, addressed the Commission about development potential and the circulation issue. The Commission expressed to Mr. Clark that a "PRD" would be a better approach for developing on the property. The applicant requested a 30 -day deferral to file a "PRD." A motion to defer the item for 30 days passed by a vote of: 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (January 10, 1984) The applicant, Bill Clark and Bob Holloway, engineer, were present. Both offered comments in support of the "MF -24" application and Mr. Clark informed the Commission that he was unable to secure Mr. Joe Hocott's property for his project. They presented conceptual designs of a proposed layout for the entire site. There were two objectors present, Mrs. Bonnie Burk and Mr. Ernest Floyd. Mrs. Burk expressed her concerns over impacts of a multifamily development on traffic, property values and neighborhood safety. Mr. Floyd reinforced Mrs. Burks comments. Both were strongly opposed to any multifamily project at this location. The Commission discussed the case at length. Mr. Clark described his plans for approximately 21 acres with an "MF -24" density, thus causing reduction in the number of possible units because of the existing zoning to the west. Staff voiced concern over the total number of units that would be permitted under the 'IMF-24" zoning and recommended an "MF -18" density as being more appropriate for the location. Mr. Clark amended his application to request an "MF -18" reclassification. He also agreed to down zoning approximately 12 acres directly to the west to "MF -18" and doing a replat for the entire site. A motion was made to approve the application as amended. The motion passed by a vote of 11 ayes, 0 noes and 0 absent. January 10, 1984 Item No. D - Z -4136 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: B.E. Hocott's Estate Joe Hocott Leander Street at Rock Creek Rezone from "R -2" Single Family to "MF -24" Multifamily Multifamily Development 2.3 acres + Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Industrial, Zoned "R -2" and "I -2" South - Vacant, Zoned "R -2," and "PRD" East - Vacant, Zoned "R -2" and "I -2" West - Vacant, Zoned "I -2" PLANNING CONSIDERATIONS: 1. The proposal is to develop multifamily units on land that is unsuitable for the proposed use. The property has some very steep slopes and does not provide adequate land area for a higher density development. Only the southern portion of the tract could realistically be built on. 2. 3. 4. 5. 6. The site is heavily wooded and a majority of it has slopes in excess of 30 percent. The western end drops straight off from Leander Street to Rock Creek. There are no Master Street Plan issues associated with this request. Leander Street is deficient in right -of -way. There have been no adverse comments received from the reviewing agencies at this time. There are no legal issues. There is no documented neighborhood position on the site. January 10, 1984 Item No. D - Continued 7. The request is in conflict with the adopted Boyle Park and Master Parks Plans. The Boyle Park Plan shows the site as part of an open corridor through the area. The Park Plan has identified Rock Creek as a Priority One stream for floodway, open space acquisition. The plan recommends a minimum acquisition width of 350 feet which would encroach substantially into the property in question. Staff feels the site should be left as "R -2" and acquired by the City for open space and flood control. STAFF RECOMMENDATION: Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (December 13, 1983) The applicant, Joe Hocott, was present. Bill Clark also spoke on this matter. A 30 -day deferral was suggested to Mr. Hocott to determine the feasibility of incorporating his property with the land to the south and submitting a PRD for all the properties. Mr. Hocott agreed to requesting the 30 -day deferral. A motion to defer the item for 30 days passed by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (January 10, 1984) The applicant was not present. Ben McMinn, representing Mr. Joe Hocott, submitted a letter requesting a 30 -day deferral. This was the applicant's second request for a deferral. A motion to defer the item for 30 days passed by a vote of 11 ayes, 0 noes and 0 absent. January 10, 1984 SUBDIVISIONS Item No. E NAME: LOCATION: DEVELOPER: Bailey Corporation St. Charles Revised Preliminary St. Charles Boulevard (west side of plat) ENGINEER: Edward G. Smith and Associates 401 Victory Street Little Rock, AR AREA: 65.8 acres NO. OF LOTS: 139 FT. OF NEW ST.: 6,150 ZONING: "R -2" - "MF -12" PROPOSED USES: Single Family - Multifamily VARIANCES REQUESTED: Three pipe -stem flag lots. A. Site History This plat has been revised to accommodate recent rezonings of an extra portion of the property from "MF -12" to "R -2" and from "R -2" to "MF -12." Staff advised the applicant at that time that both of the areas would have to be accommodated on a revised plat to restructure the changes. B. Staff Report The applicant has failed to include the areas of changed zoning within the boundaries of this submission. He has also differed from the approved preliminary by not showing Carbonnet as a stubbed out street. We have received communication from property owners to the east, who request adherence to the previous plan since it will provide them with access to their property and better potential for safety, service and protection by fire, police, postal, etc. Staff agrees with their request since the connecting street is required every 1/4 mile and our records show this on approved plan. January 10, 1984 SUBDIVISIONS Item No. E - Continued C. Staff Recommendation Approval, subject to resolution of Master Street Plan issue and submission of preliminary encompassing areas of change. SUBDIVISION COMMITTEE REVIEW: The Committee reviewed the request. Two letters requesting access were presented. The developer's engineer, Mr. Joe White, suggested that they get together with the parties involved and work out two access points, then report the results of the meeting to the Commission on December 13. PLANNING COMMISSION ACTION: By request of the applicant, a motion was made and passed to defer the item for 30 days. The vote: 10 ayes, 0 noes and 1 absent. SUBDIVISION COMMITTEE REVIEW: (12- 28 -83) The applicant was present. A revised proposal was presented to the Commission, which connected Carbonnet Court to the property on the northeast, and Carondelet Court for property on the west, and provided a divided median on the south which is to be worked out with Traffic Engineers. The applicant requested that staff present them with a letter signed by the Planning Director stating acceptance of this agreement. PLANNING COMMISSION ACTION: (1- 10 -84) Mr. Joe White represented the developer. There were no objectors. A motion was made and passed to approve the plan as revised. The vote was: 11 ayes, 0 noes and 0 absent. January 10, 1984 SUBDIVISIONS Item No. F NAME: LOCATION: MOV7VT r%7 Mi Bailey Corporation 401 Victory Little Rock, AR Phone: 374 -1666 AREA: 2.24 acres ZONING: "R -2" St. Charles Plat (Replat of Tracts B Through F) SW Corner of Napa Valley and St. Charles Blvd. ENGINEER: Edward G. Smith 401 Victory Little Rock, AR Phone: 374 -1666 NO. OF LOTS: 8 FT. OF NEW ST.: 0 PROPOSED USES: Single Family A. SITE HISTORY The site was originally platted as five lots in the St. Charles Subdivision. B. EXISTING CONDITIONS This site is on the eastern edge of an existing single family subdivision. It is wooded and consist of gentle slopes. Improvements are in place along St. Charles Boulevard. C. DEVELOPMENT PROPOSAL This is a proposal to replat five tracts into eight lots for single family use. Access is to be provided by an 18 -foot private drive. D. ENGINEERING CONSIDERATIONS None. January 10, 1984 SUBDIVISIONS Item No. F - Continued E. ANALYSIS Staff has no major reservations relative to the request for replatting; provided that the applicant acquires the required amount of property- owners' signatures for an amendment to the Bill of Assurance. It is felt that the private drive should be increased from 18' to 20' and a 30 -foot easement provided. F. STAFF RECOMMENDATION Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: Mr. Joe White and Attorney Chris Barrier represented the developer. They stated that the Bill of Assurance required signatures of 51 percent of the landowners. Since the developer still owns 50 percent of the land, only 1 percent of the residents' participation would be needed in order to modify the Bill of Assurance. The applicant agreed to provide a 20' private drive and 30' easement. PLANNING COMMISSION ACTION: (11- 15 -83) Mr. Chris Barrier represented the developer. Mr. Jerry Webster, president of the Property Owners Association, spoke in behalf of the neighborhood. He stated that 95 percent of the residents were opposed to the replat because they felt: (a) it was not compatible with the character of the subdivision because of an average lot width of 60' versus the existing average of 124.51; (b) it represented a breach of faith due to statements in a developer's brochure and made by the developer's representative in the Arkansas Democrat that describe the subdivision as an exclusive area wit— h lot sizes of about 2200 square foot a house. The residents also felt that their Bill of Assurance offered them no protection since the developer was still the majority landowner. A motion was made and passed for deferral so that the two parties could reach a compromise. The vote - 10 ayes, 0 noes and 1 absent. SUBDIVISION COMMITTEE REVIEW: (12 -1 -83) The applicant reported that the developer was still attempting to resolve the issue with the property- owners. January 10, 1984 SUBDIVISIONS Item No. F - Continued PLANNING COMMISSION ACTION: Mr. Chris Barrier represented the developer. He reported that they had failed to reach a compromise with the home owners in St. Charles. A plan revised to seven lots was submitted. Mr. Jerry Rhodes, an attorney and resident, represented St. Charles Property Owners Association. He stated that the residents desired that the replat consist of only six lots. The basic objections to the proposal were against what they perceived to be a misrepresentation by the developer of the living environment to be expected in the subdivision, and an existing Bill of Assurance which offers them a minimum of protection. The Chairman called for a vote. A motion was made for approval of the revised plat. The motion was denied. The vote: 1 aye, 9 noes and 1 absent. SUBDIVISION COMMITTEE REVIEW: (12- 29 -83) The applicant reported that he had worked out an agreement with the property owners and requested that the plat be acted on by the Planning Commission. PLANNING COMMISSION ACTION: (1- 10 -84) The applicant was present. There were no objectors. A motion was made and passed to approve the plan as revised according to the agreement. The motion passed by a vote of: 11 ayes, 0 noes and 0 absent. January 10, 1984 SUBDIVISIONS Item No. 1 - File No. 472 NAME: LOCATION: DEVELOPER: Birchbrook Inc. By: James Hall Phone Company Little Rock, AR Colonel Glenn /Interstate 430 Subdivision Northwest Corner of Colonel Glenn at Interstate 430 ENGINEER: Garver & Garver Engineers, Inc. P.O. Box C -50 Little Rock, AR Phone No. 376 -3633 AREA: 26.74 acres NO. OF LOTS: 8 FT. OF NEW ST.: 750 ZONING: "C 72" Shopping Center District PROPOSED USES: Office and Commercial VARIANCES REQUESTED: 1. Lots less than five acres in area and individual site plan review on these lots and final plan one at a time. A. Existing Conditions Property in question involves land with some steep slopes on the N 1/2 ranging from 360' to a high of 430'. The area of the proposal is rural in nature with little or no development nearby. The abutting streets are identified as arterials on the Master Street Plan. B. Development Proposal The owner proposes to sell 2.07 acres of land from this "C -2" zoned site. The Zoning Ordinance sets minimum lot sizes of five acres, except when platting lots within a commercial subdivision with Planning Commission review of the total scheme. The building proposed is a one story office building with 9,799 square feet under the roof. There are 82 total parking spaces provided. A landscape plan has not been provided although areas for landscaping are shown on the plan. The owner states that he is requesting that this property be subdivided into eight lots ranging in size from 0.7 acres to 13 acres. He also request that January 10, 1984 SUBDIVISIONS Item No. 1 - Continued the site plan review process apply to the individual lots as they are sold. He proposes to widen the north half of Colonel Glenn Road to one -half of a 60 -foot street in two phases. Phase I would be from the end of Highway Department right -of -way to the western side of the proposed cul -de -sac. Phase I would be constructed upon the sale of Lot 2 or when one of Lots 3 through 6 are sold. Phase II would be from the proposed cul -de -sac to Bowman Road. Phase II of Colonel Glenn Road and widening of Bowman Road to one -half of a 48 -foot street would be constructed in conjunction with the I -430 shoppers mall on Lot 8. The cul -de -sac would be constructed when one of Lots 3 through 6 are sold. We also request that one lot final plats be allowed. C. Legal Considerations None reported at this writing. D. Engineering Considerations 1. Dedicate right -of -way on Bowman Road and Colonel Glenn Road to minor arterial standards. 2. Improve Bowman Road to include widening to one -half of 60 -foot pavement section, curb and gutter and underground drainage as required. 3. Improve Colonel Glenn Road to include widening to one -half of a 60 -foot pavement section, curb and gutter and underground drainage. 4. Construct 10 -foot right turn lane of 120' length and a 125' taper. 5. The interior street as noted on the plat will be constructed to commercial street standards. That is, a 60 -foot right -of -way with 36' of pavement. E. Analysis This approach is not the usual for commercial platting. However, the eminent sale of the two acre lot requires a site plan review be approved in order to obtain a building permit. The applicant desires to establish final plat approvals much like those in several previous commercial plats. That is, one lot at a time with platting to be controlled by the sale January 10, 1984 SUBDIVISIONS Item No. 1 - Continued interval. Staff views this as an acceptable approach since site plan review will follow on subsequent lots prior to issuance of building permits. We feel we can handle Phases I and II for all basics at this time. It deals with approvals of access, circulation and distribution of land uses. We feel that the only issue of significance to Planning is the provision of a record plan to guide the total project toward a properly functioning neighborhood. Staff can support the design of the mall site as it embodies good overall design and parking access and building placement. F. Staff Recommendation Approval of the site plan for development of Lot 1 as filed and approval of the preliminary plat and the mall site plan with modifications noted in the Engineering analysis and staff comments. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The Committee reviewed the proposal and passed it to the Commission, subject to comments made. PLANNING COMMISSION ACTION: Mr. Ronnie Hall represented the developer. No one objected. A motion was made and passed for approval subject to engineering comments. The vote: 10 ayes, 0 noes, 1 absent and 1 abstention.* *Commissioner Rector abstained. January 10, 1984 SUBDIVISIONS Item No. 2 - File No. 477 NAME: Ash Place Planned Residential District LO_CAT_ION: North End of North Ash Street One Block North of "I" Street DEVELOPER: ENGINEER: H. Elvin Shuffield Jr. Finley William Engineers Suite 1021 210 Victory Pyramid Place Little Rock, AR Little Rock, AR AREA: .537 acres NO. OF LOTS: 1 FT. OF NEW ST.: 0 ZONING: "R -2" Requesting change to "PRD" PROPOSED USES: Multifamily in a condominium format with 6 units per acre VARIANCES REQUESTED: None. A. Existing Conditions Terrain involved is somewhat difficult due to a change in elevation of almost 40' from the northeast corner to the southwest corner. The surrounding land on the north is a part of Alsopp Park and has a heavy vegetation with little public use in this area. The existing street accessing the site is improved, but does not have a turnaround device at the end. Adjacent driveways to residences are now utilized for this purpose. B. Development Proposal The owner states he is desirous of developing a condominium project at the north dead end of Ash Street in the City of Little Rock utilizing one unit as my personal residence and causing the remaining units to be sold on the open market as single family residences. This will be a high budget, high quality project with the following information outlining my proposed development as to structural and legal composition. January 10, 1984 SUBDIVISIONS Item No. 2 - Continued C. D. 1. Size of tract - 23,400 sq. ft. 2. Net density per acre - 6 3. Number of buildings and units - 1 building with 3 units 4. Ratio of parking to units - 2 to 1 5. Ratio of building to land - 2,600 sq. ft. of building to 23,400 sq. ft. of land 6. Number of access points - 1 7. Perimeter treatment - a buffer zone will be maintained around the entire perimeter of the project with the natural grade and growth being retained 8. Unit composition - each unit will have 3 bedrooms and a two car covered garage 9. Perimeter setback - 8' on the north and south sides, 25' on both east and west sides with privacy fence along the south property line Legal Considerations The only question in this area is titled to the street right -of -way along the north side of this project. However, this does not appear to be an impediment to the plan proposed. Engineering Considerations Request details on entrance cross - section and location properties. E. Analysis drive to include driveway of driveways to adjacent The neighborhood surrounding these lots is predominantly zoned "R -5" multifamily, except for the two blocks on each side of Ash Street. There are several existing multifamily structures nearby, but most of the structures are large older homes that appear to be well cared for. The mix of use in the neighborhood and the low density proposed on these lots suggest compatibility. The project is listed on the quantitative list as being six units per acre net. This represents on two lots less than duplex density. A project of this type located adjacent to a large permanent open space and providing good access to nearby arterial streets we feel entirely appropriate. January 10, 1984 SUBDIVISIONS Item No. 2 - Continued Attorney Engstrum pleaded that the PUD process should not be permitted to cause overfill, instead of the infill development that it was designed to stimulate. Other speakers from the neighborhood included: (1) Mr. John Toney, an abutting property owner for whom the proposal presented a precarious situation due to an encroachment of right -of -way on his property. He requested engineering data that would give some indication as to the potential for crashes. (2) Mr. Bill Rath of 816 North Ash, a property owner to the west, who stated reasons for opposition based on safety factors since Ash is currently 21' wide and there were existing traffic problems caused by persons having to turn around in yards. (3) Ms. Dorothy Webb of 814 North Ash who owns a home occupied by her elderly parents. She cited an incident last year when an emergency vehicle was called for her father and had to park in Mr. Rath's yard. (4) Ms. Shirley Koonce of 422 "I" Street who spoke against the project and its encroachment on the parks since no setback was left after elimination of the 30'. (5) Mr. Robert Saunders, whose mother lives in the neighborhood, had a question concerning the property's boundaries. Attorney Kemp explained his reason for not locating the deed was because of improper indexing. It was pointed out that the petition presented to the Commission requesting that the area be kept single family included the names of apartment dwellers and commercial establishments. He also pointed out that Ms. Barber was not present to defend her sworn affidavit. Some commissioners expressed that they were more concerned about the potentially hazardous situation created by the relationship of the proposed drive to Mr. Toney's driveway than with the proposed use of the property. A motion was made for approval. The motion failed to pass by a vote of 0 ayes, 9 noes and 2 absent. f January 10, 1984 SUBDIVISIONS Item No. 2 - Continued We've viewed this project as having very few negative issues associated. The only comment we would put forward as a requirement would be that this owner work with the Parks Department in this development to assure that no conflicts arise. F. Staff Recommendation Approval of the project subject to comments made in the analysis. SUBDIVISION COMMITTEE REVIEW: The applicant was present. He was instructed to work with his neighbors to the south on the buffer to be provided and with the City Engineers on design of access to the site. PLANNING COMMISSION ACTION: The applicant was present. Twenty persons from the neighborhood were present in opposition. Staff reported that both fire and engineering's approval had been obtained, and that the applicant had amended his application by eliminating the north 30' of the property, reducing the site to 18,000 square feet. As a result, staff modified its position to approval of the site plan, provided that the decks did not encroach into this strip. The applicant agreed to this. Attorney Hal Kemp spoke in favor of the application. Attorney Steve Engstrum represented the neighborhood. A petition with over 100 signatures of persons in opposition to the change in zoning was presented. The opposers claimed that: (1) the lots were obtained under false pretenses since a sworn statement signed by Mrs. Barber, the previous owner, was submitted as evidence; (2) the applicant was trying to appropriate part of the City park since it took Attorney Engstrum only 30 minutes to find a deed that Attorney Kemp had stated was misplaced; (3) the proposal was even less appealing with its present size of approximately 18,000 square feet which is a result of eliminating the 30'; (4) there was no buffer totally surrounding the plan and (5) this type of development is not consistent with the Heights /Hillcrest Plan. January 10, 1984 SUBDIVISIONS Item No. 3 - File No. 473 NAME: LOCATION: DEVELOPER: Cleve Addie Jr. 6101 Geyer Springs Road Little Rock, AR Addie Site Plan Review 6101 Geyer Springs Road at the Missouri Pacific Railroad Tracks ENGINEER: Finley William Engineers 210 Victory Little Rock, AR Phone No. 376 -3505 AREA: 2.52 acres NO. OF LOTS: 1 FT. OF NEW ST.: 0 ZONING: "C -3" General Commercial PROPOSED USES: Building addition to existing structure to provide for additional storage and sales area. VARIANCES REQUESTED: None. A. Existing Conditions The subject site is generally flat with a railroad main line lying along the south property. line and an arterial street on the west. The site contains several structures which are aligned with the owners service and sales operation as well as his residence. The history of the use goes back a number of years to a period when the owner initiated a retail sales and service operation for Coleman Recreational Equipment. The site was rezoned for this applicant for that business activity. B. Development Proposal The owner proposes to add a storage facility for Coleman Canoes and Parts. Also, a 20' x 24' building for Coleman Equipment Repair. Several of the buildings will remain as personal storage for his residential use. January 10, 1984 SUBDIVISIONS Item No. 3 - Continued C. Legal Considerations None evidenced at this writing. D. Engineering Considerations The requirement for an increase in right -of -way dedication to minor arterial standards and an increase approximately 80' or one -half of an 80 -foot section adjacent to Geyer Springs Road. E. Analysis The proposal at hand represents the continued expansion of a small business on an incremental basis and this review will serve as guidance through creation of a plan. There are only two areas of public interest attached. These are: (1) the right -of -way issue noted by Engineering and (2) the paving of off - street parking. The right -of -way dedication, we feel, is necessary, however, usual requirement for street improvements shoud not apply since the proposed building is a minor improvement. We do feel that some paved parking off - street is necessary especially since the business is growing and the customer use area should be improved to all weather standards. We feel four or five stalls should be provided. F. Staff Recommendation Approval subject to comments made above. We would not that as a site plan review this matter should be reviewed by the Subdivision Committee for determination of notice to adjoining owners. SUBDIVISION COMMITTEE REVIEW: The item was reviewed by the Committee. It was decided that notice to adjacent property owners was not needed. The applicant was requested to submit three copies of a revised plan showing paved parking for the site. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made and passed for approval of the plan as revised. The vote: 10 ayes, 0 noes and 1 absent. � F � January 10, 1984 SUBDIVISIONS Item No. 4 - File No. 54 -F NAME: LOCATION: DEVELOPER: Point West Joint Venture 212 Center Street Little Rock, AR AREA: Point West Second Addition South Side of Kanis Road 1/4 Mile West of Bowman Road at Timber Ridge Road Intersection ENGINEER: Marlar Engineering Co. 5318 J.F.K. Blvd. North Little Rock, AR Phone No.: 753 -1987 43.87 acres NO. OF LOTS: 114 FT. OF NEW ST.: 4,530 ZONING: "R -2," "MF -18," "MF -24" and "0 -3" PROPOSED USES: Commercial, "MF" and Single Family Residential VARIANCES REQUESTED: Request reduction of West Glenn Drive from a collector to a residential standard. A. Existing Conditions The land involved is generally rolling terrain with some significant drainageways. The total plat of Rain Forest Addition which was the former preliminary contains in excess of 100 acres and continues south beyond this plat boundary over a quarter of a mile. The plat contained in its original form several parcels which were zoned "MF -18" or "MF -24" plus several "0 -3" sites along Kanis Road. The only structure on the entire plat is a two story office building formerly occupied by Rainey Realty and not shown to be included in the plat at issue. B. Development Proposal To restruture the southernmost lots to accommodate changes in lots, dimensions and change in street classification on the east /west collector. Some adjustment of the lots is necessary to accommodate a new property line along the south when severing this 43 acres from the balance of the ownership. In all, this plat and its predecessor are very similar. January 10, 1984 SUBDIVISIONS Item No. 4 - Continued C. Legal Considerations None evidenced at this writing. D. Engineering Considerations 1. Dedicate right -of -way on Kanis Road for a minor arterial. 2. Improve Kanis Road to minor arterial standards at the time of development. 3. Recommend West Glenn be retained as a collector street. E. Analysis The staff has very little comment on this plat amendment, except in the area of the collector street. We feel strongly about retention of this neighborhood collector as a continuation of City policy (unwritten to locate a residential collector every one - quarter mile or so). We feel that this collector should be added to the Master Street Plan and have requested that Advance Planning prepare a review of collectors in this area with that in mind. The other comment we have concerns the out lot of the former office along Kanis Road. If that is not included here and eventually this new development is proposed, an illegal lot circumstance will create problems for the then owner. F. Staff Recommendation Approval of the plat amendment subject to resolution of the two items noted. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The main issues involved the out parcel abutting Kanis Road and the construction of West Glenn. The applicant was asked to obtain the cooperation of the owner in this plat. If cooperation is not obtained, the Committee suggested that the City Attorney's advice should be sought so as to determine who is responsible for improvements to Kanis Road. Some plans for phasing was mentioned. As for the collector street, the applicant stated that he had no plans to do anything with either side of street. The applicant was to get with Engineering before the meeting and determine phasing and improvements to Kanis Road. f , A January 10, 1984 SUBDIVISIONS Item No. 4 - Continued PLANNING COMMISSION ACTION: The applicant requested that the item be deferred until the February 14 public hearing. A motion to this effect was made and passed by a vote of 11 ayes, 0 noes and 0 absent. January 10, 1984 SUBDIVISIONS Item No. 5 - File No. 474 NAME: LOCATION: DEVELOPER: Lo Key Properties 1800 Bering Drive Suite 200 Houston, TX Pleasant Wood Apartments Site Plan Review + 800' from State Highway 10 at Pleasant Ridge Drive ENGINEER: Edward G. Smith & Associates 401 Victory Little Rock, AR AREA: 18 acre NO. OF LOTS: 1 FT. OF NEW ST.: 0 ZONING: "MF -12" Multifamily District PROPOSED USES: Multifamily at 12.2 units per acre = 220 total units VARIANCES REQUESTED: None. A. Existing Conditions The subject property is hilly terrain bordered by an arterial street, Highway 10 on the north, a collector street, Pleasant Ridge Drive on the south, and Piedmont Single Family Subdivision on the west. B. Development Proposal This owner desires parking spaces in feet in efficiency larger units. All Drive, a collector Cantrell Road. to construct 200 units with 375 a mix of unit types from 450 square units to 1,010 square feet in the access is by way of Pleasant Ridge street taking direct access to C. Legal Considerations None evidenced at this writing. January 10, 1984 SUBDIVISIONS Item No. 5 - Continued D. Engineering Considerations Request that in lieu toward improvement of Highway 10 adjacent to this development be provided. E. Analysis The staff has only two reservations concerning this project. The density exceeds the 12 per acre max for "MF -12" by approximately four units. Certification by the Wastewater utility of availability of connecting sewer line to serve the site. There are two additional items we feel should be required dealt with by the developer prior to the January 10 meeting. (1) Discussion with the Little Rock Fire Department for purposes of gaining their review and approval of the layout for fire protection, and (2) contact with the City Engineer's Office for purposes of discussing the structuring of the in lieu contribution to Cantrell Road. F. Staff Recommendation Approval of the subject development petitioned on the comments made in the analysis, plus the proposal is a site plan review. This requires a determination by the Subdivision Committee as to whether it is appropriate to notify adjacent property owners. SUBDIVISION COMMITTEE REVIEW: The applicant was present. He questioned Engineering's request for in -lieu contributions at this stage (site plan review), when it was waived during the preliminary plat process. Staff was asked to review the old minutes. The applicant was instructed to submit a revised plan which did not exceed the required density and to notify adjacent property owners. PLANNING COMMISSION ACTION: The applicant was present. No one objected. He reported that the proposal consisted of 18.3 acres so there was no density problem. Staff reported that the in -lieu contribution had been waived on the plat. A motion was made and passed to approve the site plan without the in -lieu contribution. The vote: 11 ayes, 0 noes and 0 absent. Commissioner Jones requested that staff research whether or not private developers should make in -lieu contributions to the City since government funds have been set aside for the improvement of Highway 10. January 10, 1984 SUBDIVISIONS Item No. 6 - File No. 475 NAME: LOCATION: DEVELOPER: K Mart Site Plan Review Southwest Corner of Asher Avenue at University Avenue ENGINEER: Flake and Company Finley Williams 401 West Capitol Avenue 210 Victory Little Rock, AR Little Rock, AR Phone No.: 376 -3505 AREA: 21.01 acres NO. OF LOTS: 1 FT. OF NEW ST.: 0 ZONING: "C -3" General Commercial PROPOSED USES: Retail food sales. Three new building locations VARIANCES REQUESTED: None. A. Existing Conditions The K Mart Center involved is a built up except for the frontage area involved in this request. With the exception of the subject area, the site is almost 100 percent paved or built upon. Development of this property occurred during an era when landscaping and good interior parking lot design was not required. Free movement of vehicles in all directions is permitted. The base you, being a K Mart retail outlet, was developed in 1966 with over 95,000 square feet of floor face. The addition of a 20,000 square foot retail strip center on the west and an auto service center of 8,300 square feet spaced out the initial development. There have been several other uses in detached buildings on separate lots developed out of the original property holdings. The Asher Avenue frontage was not improved along most of its length of some 8001. South University Avenue is developed at a State Highway Department standard. January 10, 1984 SUBDIVISIONS Item No. 6 - Continued B. Development Proposal The applicant proposes to develop three new freestanding commercial buildings oriented to South University and mostly accessed internally. The lot areas proposed meet standards for commercial lots, but are not proposed for platting or sale. The interior traffic flow has been discussed with the City Engineer and prospective tenants and appears to be acceptable to all except as noted later in traffic comment by the Engineering Division. C. Legal Considerations None evidenced at this writing. D. Engineering Considerations 1. One -way entrance from University Avenue is acceptable to the City Engineer. Request detail plans be submitted to the City and the Arkansas State Highway Department. 2. Request in -lieu contribution for improvements on Asher Avenue adjacent to this property and dedication of additional right -of -way for Arkansas Highway and Transportation Project 6965. 2. Request channelization and landscaping improvements throughout the parking area of the total shopping center. That the project engineer discuss this topic with the City Engineer's Office. E. Analysis The proposal as drafted represents a significant change for one of Little Rock's older shopping centers. We feel utmost attention should be given to functional use environment that will serve both the owners and operators and the public. Staff concerns are much the same as those expressed by the Engineer staff and support the completely the idea of redesign and reconstruction of all uncontrolled parking area. We also support the requirement of in lieu funds for Asher Avenue. This project has an intensification of the use around a heavily impacted major intersection and all possible steps should be taken to soften the impact of further development. January,10, 1984 SUBDIVISIONS Item No. 6 - Continued F. Staff Recommendation Approval of the plan subject to resolution of of commitment to establishing the changes in the above analysis. This is a site plan review and the Subdivision Committee is required to make a determination as to the need for notice to adjacent property owners. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The Committee reviewed the application and determined that they needed more information regarding the in -lieu contribution and right -of -way dedication on Asher. There was some discussion as to whether or not landscaping should be required throughout the site. Some Committee members felt that this proposal makes a significant impact on the total site, so the applicant should consider complying with staff's wishes. Notification to adjacent property owners is required. PLANNING COMMISSION ACTION: Mr. George Wells represented the application. No one objected. The issues were identified as involving dedication of right -of -way, curb improvements and landscape requirements. There was some discussion as to whether or not there was authority to acquire the applicant to do such improvements throughout the site. Staff clarified the issue as being that of magnitude rather than legality of review since this was a multiple building site plan review, which in a broad sense grants authority. This proposal was viewed as creating a new entrance off University in addition to the other entrances, and as creating three intensive traffic generators. Engineering reported that circulation needed to be defined. Mr. Wells and Mr. Finley Williams, his engineer, reported that this could be accomplished by striping and arrows instead of curbs. Some Commission members felt that striping would be adequate only if it could be enforced. A motion was made to approve the site plan, subject to the applicant working out the required right -of -way dedication and striping for traffic arrangement with the Engineering department. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. January 10, 1984 SUBDIVISIONS Item No. 7 - File No. 476 NAME: Hardwood Acres LOCATION: 660' North of Stagecoach Road on the West Side of Crystal Valley Road DEVELOPER: ENGINEER: M.H.B. Company Finley Williams 8023 Chicot Road 210 Victory Street Little Rock, AR Little Rock, AR Phone No.: 376 -3505 AREA: 19.91 acres NO. OF LOTS: 82 FT. OF NEW ST.: 2,600 ZONING: "R -2" Single Family PROPOSED USES: Single Family VARIANCES REQUESTED: 1. Boundary street improvements on the north and east. 2. Double front lots on Numbers 70 through 80 with no access allowable to Crystal Valley Road. A. Existing Conditions The tract involved has no grade problems. The land is covered by natural growth of mixed type timber. Master Street Plan elements abut the subdivision with a requirement for collector street standards on the north and arterial street standards on the east. The street of this site involves a four month period earlier this year when the purchaser of the land proposed the Mooney Mobile Home Subdivision. That plat and zoning effort were rejected by the Planning Commission. Circumstances with respect to notice requirements changed with the filing of this plat. Previous involvement with a mobile home subdivision required substantial notice of abutting property owners. This plat requires only the notice of the abutting acreage owner to the south. January 10, 1984 SUBDIVISIONS Item No. 7 - Continued B. Development Proposal To develop this 19.9 acres as a conventional subdivision meeting all design criteria for 82 new single family lots. C. Legal Considerations None evidenced at this writing. D. Engineering Considerations 1. Dedicate right -of -way on Crystal Valley Road, the north leg, for a minor arterial street. Dedicate right -of -way on Crystal Valley Road, the east /west leg, for a collector standard. 2. Improve Crystal Valley Road, the north leg, to arterial standards. Improve Crystal Valley Road, the east /west leg, to collector standards. Confer with City Engineer concerning the intersection of Crystal Valley Road. 3. Request clarification of silver and gold leaf drives. Are they public or private streets? If public, what information is available relative to curb data? 4. Request drainage plan to include how flows from the north of Crystal Valley Road will be handled on this site. E. Analysis The Planning staff views this proposal as being appropriate for single family development. It appeared during the course of the proceedings on Mooney Subdivision that the neighborhood and all other opposition desired maintenance of single family use on this property. The only points we would make concerning the design of this project would be that the access to all boundary streets be controlled by a vehicle access prohibition easement along the boundary streets and that all boundary street improvements be required. F. Staff Recommendation Approval conditioned on comments in analysis. January 10, 1984 SUBDIVISIONS Item No. 7 - Continued SUBDIVISION COMMITTEE REVIEW: The Committee reviewed the application. The applicant agreed to comply with staff's recommendation. It was decided that notification of adjacent property owners was needed. PLANNING COMMISSION ACTION: The applicant was present. Quite a few members of The Crystal Valley Home Owners Association were in attendance. Mr. Tom Brock expressed a concern about the proposed 18" drainage pipe, which seemingly funneled water onto his property. The developer's engineer, Mr. Finley Williams, and City Engineer Bob Lane assured him that drainage plans would be corrected and /or finalized to meet the City standards for construction. A motion was made and passed for approval, subject to Engineering's comments. The vote: 10 ayes, 0 noes and 1 absent. d January 10, 1984 SUBDIVISIONS Item No. 8 - File No. 120 -A NAME: LOCATION: DEVELOPER: Wally Green Amber Oaks Planned Residential District Short Form West Side of Monroe Street at "B" Street RMnTMVVV- Robert J. Richardson 1717 Rebsamen Park Road Little Rock, AR AREA: 1.06 acres NO. OF LOTS: 1 FT. OF NEW ST.: 0 ZONING: "R -2" Single Family PROPOSED USES: Request change to "PRD" Condominiums 12 units at 12 per acre VARIANCES REQUESTED: None. A. Existing Conditions The 1.06 acres in this request are at present developed as a five lot single family subdivision with a cul -de -sac serving the lots off Monroe Street. Lots are buildable as is for single family. The access to this property at "B" Street is not the best, but the only available and should not present serious problems for the density proposed. The lot slopes down grade to the north and west about 25' to a creek running across the northwest corner. This creek drains a large area into Coleman Creek. The adjacent neighborhood is all zoned Single Family with 16 residences backing onto this site. All utilities and public services are available. B. Development Proposal 1. To reclassify the site "PRD" for construction of 12 condominiums. 2. To develop the units in a Williamsburg architecture. January 10, 1984 SUBDIVISIONS Item No. 8 - Continued C. D. 3. Provide 20,168 square feet of living space in four duplexes and one four unit building. 4. Provide 24 off - street parking spaces. 5. Provide 6 -foot opaque perimeter fence. 6. The site will be landscaped to City Ordinance requirements. 7. Closure of the West 165 feet of the access street. 8. The project is proposed for construction beginning March 1984 for Phase I which contains the three buildings at the west end of the site. The remaining units constructed later in Phase II. Legal Considerations None evidenced at this writing. Engineering Considerations Entrance street is closed. easement be established. E. Analysis Request that public access The project proposed is somewhat similar to the previous proposal on this site titled Avance Square. That project was unsuccessful at all levels of review except the Planning Commission. The Planning Commission approved the plan by a six vote majority. Both the Subdivision Committee and staff recommended approval of that plan with certain modifications. The Board of Directors review resulted in denial on June 17, 1980. That plan as proposed offered two town house structures with six units east, four units east /west with a total of 18 parking spaces. The plan presented here is, in our estimation, an improvement over the concept of Avance Square and should reduce many of the objections offered prior. However, there are several points in addition to the Engineer comment we would like to offer. (1) All rear yard area should be thoroughly landscaped. (2) The four unit building should be reduced to thereby providing a total of 10 units on the site. (3) All landscaping or development in the street should be reviewed for franchise if retained as public thoroughfare. January 10, 1984 SUBDIVISIONS Item No. 8 - Continued (4) All drainage work effected by this project be reviewed by the City Engineer (5) Upon entering final plan and plat stage, provide all details of elevations sectioned through the site and landscape plans. F. Staff Recommendation Approval, subject to the comments made in the analysis. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The Committee reviewed the application. The applicant stated his feelings that this project was an improvement over the previous one since it involved some detached structures. He was advised to prepare elevations and typicals for presentation at the public hearing. PLANNING COMMISSION ACTION: The applicant was present. There were approximately 17 persons present in opposition. Mr. George Wimberly, spokesperson for the group, submitted a petition with 56 signatures opposing the development. The opposers claimed that the proposal was too dense, did not include adequate setbacks and buffering, was detrimental to the single family neighborhood and was suspect since a court order pertaining to the previous proposal described the property as inadequate for PUD development. The Commission's general reaction was that the project was too dense and that staff should request a legal opinion from the City Attorney that would determine if there are any restrictions against considering this proposal, due to the previous court order. A motion was made and passed to defer the item until January 31 based on obtaining the legal opinion. The motion passed by a vote of: 10 ayes, 0 noes and 1 absent. MEMORANDUM ;ITY OF LITTLE ROCK - January 13, 1984 D TO: Jack Magruder, City Attorney FROM: Nathaniel Griffin,= Comprehensive Planning SUBJECT: Legal Opinion - Amber Oak Planned Unit Development As the Planning Commission mentioned in their January 12, 1984 meeting, they wish a legal opinion concerning the Amber Oak PUD. The request consists of two questions. The first question is whether the short form PRD can be less than two acres (1.19) and the second question is whether the Planning Commission should be hearing the multifamily case because of the court order on Avance Square. Article 9, Section 9 -101, C -3 of the Zoning Ordinance deals with a minimum size for a short form PUD. We have always interpreted the short form as having no minimum size requirement. Because there is some confusion on this issue, I will have a Zoning Ordinance amendment before the Planning Commission on January 31, 1984, specifying no minimum size for the short form PUD. The Amber_ Oak Development has a different design scheme than the court reviewed, Avance Square and, therefore, we feel that the court order does not necessarily apply to the Amber Oak Development. ='he Avance Square development was of a row house design, whereas Amber Oaks has several. detached multifamily units. Please advise us as to your opinion on these two questions. Thank you. JL:nh7 cc: Jim Sloan January 10, 1984 SUBDIVISIONS Item No. 9 NAME: English Village Apartments Site Plan Modification LOCATION: State Highway No. 10 (Cantrell Road at Bryant Street on the North Side of Cantrell) APPLICANT: Robert Wilson By: Samuel Davis REQUEST: Amend the approved site plan to allow alternate access to Cantrell Road in lieu of the Kentucky Avenue and Bryant Street alignment. STAFF REPORT This request is offered in hopes of providing a better and safer access to the English Village Complex now in place as well as the new buildings under construction. Earlier this year, the owner of the development attempted to change the site plan to allow additional units in a significantly different design utilizing the access to English Village Apartments. That access consists of a single concrete drive with a steep grade intersecting Cantrell Road. After much discussion and a strong objection by the neighborhood, the owner opted to use the plan of record which required the construction of a narrow segment of Kentucky Avenue and connecting that with Bryant Street within the project. The site is now being developed under that plans provision, including a commitment to open those streets. The Planning staff had problems with that plan, but could not support a single access through English Village due to the visibility problems entering Cantrell. The Engineering Division reports that the new plan appears feasible. The site distance along Cantrell Road from the proposed exit is considerably better than from the existing exit or from the Kentucky Street exit in front of the Sports Mart. The Engineer Division request that details on the new access should include centerline profile. STAFF RECOMMENDATION Approval conditioned on the following: (1) A final plat be filed for purposes of dedication of a properly designed and located 45 -foot access easement centered over the new access drive. January 10, 1984 SUBDIVISIONS Item No. 9 - Continued (2) A commitment to a new site plan for the commercial portion of this ownership inasmuch as this access plan renders the prior plan unusable. That plan would be unusable and difficult to develop inasmuch as a small portion has been severed by this proposal and would be unbuildable. (3) A petition be filed for abandonment of the north /south segment of Bryant Street which is the now approved access. (4) Filing of written assurance of acceptance of the new access scheme from the owners of the present English Village project if it is held under other ownership. Inasmuch as the neighborhood was involved in this plan at all prior hearings, it would be appropriate to require notice be given. SUBDIVISION COMMITTEE REVIEW: The Committee reviewed the application. It was decided that notice should be given to adjacent property owners. Staff asked that future use of the island area be clarified. PLANNING COMMISSION ACTION: The applicant requested that this item be deferred for 30 days. A motion to this effect was made and passed by a vote of 11 ayes, 0 noes and 0 absent. Jan6ary'10, 1984 SUBDIVISIONS Item No. 10 NAME: L.D. Capell LOCATION: 5524 Western Hills Avenue APPLICANT: L.D. Capell REQUEST: Variance from the platted side yard on Western Hills Avenue to permit a 5 -foot setback and construction of a carport. STAFF REPORT The requested variance is prompted by desire of the owner to provide weather protection from vehicles after closed in the former garage. The extension of the carport encroaches upon the platted building line area which requires a replat of the lot in order to move the line. If this type of building line variance is varied and it sets no pattern, there is little guidance offered by past activities or ordinance in dealing with these issues. Therefore, the only guidance we can offer is that which the Board of Adjustment receives from ordinance which is to grant exception when a hardship is present. Our inspection of the site indicates the owner has an alternative which is to build a carport adjacent to the house on the north side. There are design constraints in this area of the lot except that the driveway would need to be located. It was pointed out by Engineering staff that the driveway grade would require an unusual roofline on the street side of the structure. Also, that the Traffic Engineer may need to look at the proposal to determine if a blind corner would be created. Although at this time the corner is not a true corner, but is an "L" turn. STAFF RECOMMENDATION Denial of the request. SUBDIVISION COMMITTEE REVIEW: Since the applicant was not present, the Committee did not review this application. PLANNING COMMISSION ACTION: The applicant was not present. A motion for approval was made. The motion failed by a vote of: 0 ayes, 9 noes and 2 absent. January 10, 1984 SUBDIVISIONS Item No. 11 NAME: LOCATION: OWNER /APPLICANT: PROPOSAL: Kanis Road Conditional Use (Z- 4139 -A) Northeast Corner of Kanis Road and I -430 Little Rock Water Works/ Dale Russom To construct an elevated water storage tank which will provide backup water service above 500' in elevation. The site is zoned "C -3." ORDINANCE DESIGN STANDARDS 1. Site Location The site is located on a heavily forested hilltop adjacent to I -430. 2. Compatibility with Neighborhood The site is compatible with the surrounding area. The area is primarily vacant with some office and commercial uses. 3. On -Site Drives and Parking A 20 -foot access easement adjacent to the I -430 right -of -way will serve this property. Parking is not required. 4. Screening and Buffers The Water Works has an agreement with the seller to plant grass, shrubs and place a chain link fence around the property. The color of the tank is to be approved by the Baptist Medical Center. 5. Analysis The application meets City Ordinance standards. The applicant received a height variance for the water tower from the Little Rock Board of Adjustment on December 19, 1983. 6. Staff Recommendation Approval as filed. Y January 10, 1984 SUBDIVISIONS Item No. 11 - Continued STIRnTVTSTOM C'OMMTrllrPP +' DF77TG'T.7. The applicant was present. There were no unresolved issues. PT.AMMTMr- rnMMTCCTnr7 ROMTnM. The applicant was not present. The Commission voted 9 ayes, 0 noes and 2 absent to approve the application as recommended by staff. January 10, 1984 SUBDIVISIONS Item No. 12 NAME: LOCATION: OWNER /APPLICANT: PROPOSAL: Rock Creek Day -Care Conditional Use (Z -4148) 13200 Rock Creek Parkway (Within Ginny's Vineyard Apartment Complex) E.R. Properties /Robert Brown To construct a 3,120 square foot day -care center which will have a capacity of 75 children and a staff of four. The site is zoned "R -5." ORDINANCE DESIGN STANDARDS 1. Site Location The site is located adjacent to Rock Creek Parkway on wooded land that slopes to the north. 2. Compatibility with Neighborhood This site is located within a proposed multifamily development. The remainder of the adjacent sites are vacant. Rock Creek Parkway is the only use in the immediate area. This proposal is compatible with the surrounding area. 3. On -Site Drives and Parking Access will be taken from a one -way drop -off loop, which in turn takes it access from a drive off Rock Creek Parkway. The applicant is proposing to designate five parking spaces for the day -care center. 4. Screening and Buffers The applicant proposes to meet all City Landscape Ordinance requirements. 5. Analysis The applicant has met City parking requirements. 6. Staff Recommendation Approval as filed. January 10, 1984 SUBDIVISIONS Item No. 12 - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present. There were no unresolved issues. PT.ANNTMr- rr)MMTCCTnX7 rrmTnM. The applicant was present. The Commission voted 9 ayes, 0 noes and 2 absent to approve the application as recommended by staff. January 10, 1984 SUBDIVISIONS Item No. 13 NAME: East Seventh Street and Nichols Avenue Right -of -Way Abandonment LOCATION: The area of East 6th Street and East 7th Street lying East of Fletcher APPLICANT: Conestoga Wood Specialties, Inc. By: W. Christopher Barrier REQUEST: Abandon + 415' and join with the abutting property. STAFF REPORT This proposal is part of a reconstruction and reorganization of the former Wrape properties. A proposal has been submitted in preliminary form for Board of Adjustment variance review dealing with the location of a parking lot on most of the abutting properties to these closures. The street right -of -way involved is used only as interval part of the drives and parking for Conestoga. The right -of -way on both streets has not been used by the general public and in the conventional request would be reason enough for closure. We feel that given the many discussions we have held with this owner about redevelopment and negotiations with Mr. Hill in Human Resources concerning land swaps that an overview of this development is in order. We believe that this owner should submit to the Planning Commission an overall scheme for review and approval in order to provide some guidance for all future actions. STAFF RECOMMENDATION Deferral for at least 60 days. SUBDIVISION COMMITTEE REVIEW: Staff reported that several unresolved problems involving Board of Adjustment issues, to acquisition of railroad spurs, replatting and a desire by Human Resources for land acquisition, have prompted the recommendation for deferral. PLANNING COMMISSION ACTION: A motion was made to defer this item for 60 days. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. January 10, 1984 SUBDIVISIONS Item No. 14 NAME: Hill Street and Battle Street Abandonments LOCATION: Southeast quadrant of Rodney Parham Road at Interstate 430 on the north side of Barksdale Road APPLICANT: Bill McClard REQUEST: Abandon 411 lineal feet of street and join with abutting property. STAFF REPORT The rights -of -way involved here are not now in use and have been paper streets since platting. There have been no adverse comments received from reviewing agencies. The retention of utility easement rights is suggested until such time as a development plan restructures the use on these ownerships. There are no deficient street rights -of -way abutting these properties receiving the abandoned right -of -way except for Barksdale Road on the south. It is quite possible that future development of this land area will require an improvement of Barksdale. In that event, additional dedication will be needed. Official investigation by this office indicates only 30' of right -of -way in place. It would be appropriate to ask for the additional dedication from this owner in conjunction with the abandonment. Work width for this purpose would be 25' from the present centerline of right -of -way. STAFF RECOMMENDATION Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: This item was passed to the Commission, subject to comments made. PLANNING COMMISSION ACTION: A motion was made and passed to approve, subject to utility ` requirements. The vote was: 9 ayes, 0 noes and 2 absent. January 10, 1984 SUBDIVISIONS Item No. 15 NAME: Malekin Street Closure LOCATION: Lying between Timber Ridge and Gamble Road approximately 400' South of West Markham Street in the Gilbraltar Heights Subdivision Area APPLICANT: Virgil Young, Attorney REQUEST: Abandon 620 lineal feet of street, 40' in width and join to adjacent ownerships. STAFF REPORT The rights -of -way involved are not improved street and serve no public purpose at this time. The street plan adopted by the City for the Gilbraltar Heights Subdivision indicates that this right -of -way is not intended to be retained for circulation. The utility easement rights are required for ordinance inclusion. The property adjacent is generally undeveloped, zoning potential, which is generally nonresidential. STAFF RECOMMENDATION Approval as filed. SUBDIVISION COMMITTEE REVIEW: This item was passed to the Commission subject to comments made. PLANNING COMMISSION ACTION: A motion was made and passed to approve, subject to utility requirements. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. January 10, 1984 SUBDIVISIONS Item No. 16 NAME: St. Charles Property Owners Association Bill of Assurance Amendments LOCATION: St. Charles Community APPLICANT: Jerry Webster, Representative of the Committee REQUEST: Planning Commission approval of an amendment to the Bill of Assurance to permit restructuring of the amendment provisions to place control in the hands of owners in the subdivision for purposes of carports and replatting. STAFF REPORT This request is a product of the Bill of Assurance controversy involved in the St. Charles replatting issue. By this Bill of Assurance amendment are: 1. That the land involved shall only be used for one single family detached residence each to contain at least a two car carport or garage. 2. That all platting actions involving lots within the subdivision shall not be approved unless consent of 75 percent of the owners of St. Charles time such an amendment. Staff feels that these provisions are not beyond the permitted covenants of a Bill of Assurance and restricted only by controlling factors embodied within the original Bill of Assurance as to amendment procedure. At this writing, we have not been provided with a copy of the original instrument. Therefore, we cannot make a judgment on the proposal. However, the issues at hand are not ordinance requirements of the City of Little Rock and normally are included at the discretion of a developer or property owners association. STAFF RECOMMENDATION Approval of the proposal unless information develops prior to the public hearing suggesting an alternate position. 4 e January 10, 1984 SUBDIVISIONS Item No. 16 — Continued SUBDIVISION COMMITTEE REVIEW: Mr. Jerry Webster represented the Property Owners' Association. He requested that the item be withdrawn from the agenda. PLANNING COMMISSION ACTION: A motion was made and passed to withdraw this item from the agenda. The vote was: 11 ayes, 0 noes and 0 absent. � r DATE P L A N N I N G C O M M I S S I O N 7, ONTNC, gTTPnTX7TQTnTT V O T E R E C O R D ITEM NUMBERS MEMBER 1 2 3 4 5 6 7 8 A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 J- S ✓ �' A i° ✓ J. Schlereth ✓ 1� f% 1� V� ✓ g,� ✓ Y f� t/` R. Massie` � v V .A ' A A j A A AAA A A � A A A A A B . Sipes Xl Ve Der (% Y v ✓/a 1�' V, PIX �% v J. Nichol-son Woe- W. Rector A W. K e t c h e r �` / 10001, D. Arnett D. J. Jones 1 i ✓ ''� `' �/ P-1 I, Boles R L v zv, ,v 41 J: Clayton A ,✓ A V AYE ® NAYE /A ABSENT `ABSTAIN January 10, 1984 SUBDIVISIONS There being no further business before the Commission, the minute was adjourned at 5:30 p.m. C rman Secre ary Date