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pc_12 17 2015 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD DECEMBER 17, 2015 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Jennifer Martinez Belt Craig Berry Alan Bubbus Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Scott Hamilton Troy Laha Paul Latture Bill May Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the November 5, 2015 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING DECEMBER 17, 2015 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-9073 eStem Public Charter School High School – Conditional Use Permit North side of the 5500 and 5600 Blocks of West 28th Street B. LA-0066 Yarberry Lane Timber Harvest Variance 7326 Yarberry Lane C. LU15-19-02 A Land Use Plan Amendment in the Chenal Planning District located West of Northwest corner of Chenal Parkway and Rahling Road from Residential Low Density and Park/Open Space to Office and Park/Open Space. C.1. Z-5936-N Rezoning from R-2 and OS to O-2 and OS West of the Northwest corner of Chenal Parkway and Rahling Road D. Z-9089 Phoenix Recovery Parolee/Probation Housing Facility – Special Use Permit 104 N. Battery Street E. Z-9087 #1 Orlé Circle Accessory Dwelling – Conditional Use Permit #1 Orlé Circle F. Z-4765-D Chenal Road Self Storage Long-form PD-C, located on the East side of Autumn Road, just North Barnes and Noble. G. Z-9006-A Hounds Lounge Pet Resort and Spa Revised Short- form PCD, located at 1711 Rebsamen Park Road. Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-9096 Rezoning from R-2 to O-3 3800 Woodland Heights Road 2. G-23-438-A Rose Street – Right-of-Way Abandonment Between N. Lookout Road and Kenyon Street December 17, 2015 ITEM NO.: A FILE NO.: Z-9073 NAME: eStem Public School High School – Conditional Use Permit LOCATION: North side of the 5500 and 5600 Blocks of West 28th Street OWNER/APPLICANT: Board of Trustees of the University of Arkansas/eStem PROPOSAL: A conditional use permit is requested to allow for the construction of a public charter school high school on this R-3 zoned site. 1. SITE LOCATION: The site is located at the side of the 5500 and 5600 Blocks of West 28th Street, between Fair Park Blvd. and S. University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed school is located at the north edge of the UALR campus and will, for all intents and purposes, function as an extension of the college campus. Campus facilities and parking are located to the west and south. A single family neighborhood extends to the north and east. The eStem campus consists of the education building, a small amount of on-site parking and limited outside use area. Staff believes the proposed use could be compatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, the Curran Conway, Oak Forest Initiative and Fair Park Residents Neighborhood Association and the University District. 3. ON SITE DRIVES AND PARKING: The parking typically required for a high school is 6 spaces per classroom plus one space for every teacher, employee and administrator. This school is proposed to have 30 classrooms and 50 staff members resulting in a parking requirement of 230 parking spaces. Six (6) on-site spaces are proposed. The difficulty of applying the Ordinance Standards to a charter school is that charter schools do not utilize school buses resulting in many more vehicles dropping off and pick up students. This school proposes to utilize a UALR parking lot located across Fillmore Street to the west for drop-off and pickup of students. It had previously been mentioned to staff that school employees will park in a UALR lot across West 28th Street to the south. Public Works Traffic Engineering staff is December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 2 analyzing the traffic plan submitted by the applicant to determine its feasibility. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. The property is located in the City’s designated mature area. A 25% reduction of the perimeter requirements is acceptable. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the admin / rehab building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. An irrigation system shall be required for developments of one (1) acre or larger. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. W 28th St is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline or a sufficient width to provide needed street improvements will be required. 2. S. Fillmore St is classified on the Master Street Plan as a commercial street. A dedication of right-of-way 30 feet from centerline or a sufficient width to provide needed street improvements will be required. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 3 3. W. 27th St. is classified on the Master Street Plan as a commercial street. A dedication of right-of-way 30 feet from centerline or a sufficient width to provide needed street improvements will be required. 4. A 20 feet radial dedication of right-of-way is required at the intersection of W. 28th St and S. Fillmore St. 5. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to W. 28th St including 5-foot sidewalks with planned development. The new back of curb should be located to provide adequate street width to address the proposed traffic impact. Based on the findings of the traffic study, an EB left turn lane or WB right turn lane may be required to be provided on W. 28th St into the vehicle stack area west of S. Fillmore St. Consideration should be made to the driveway locations on the south side of W. 28th St. 6. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to S. Fillmore St and W. 27th St. including 5-foot sidewalks with planned development. The new back of curb 7. Submit a Traffic Impact Study for the proposed project. Study should address trip generation, trip distribution, and vehicle stack for the development and also should take into account existing and projected traffic growth. Turn movement counts at the signalized intersections should be included in the study. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9. Striped pedestrian crossings should be provided at planned crossing locations. 10. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 11. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 12. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 13. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 14. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 4 15. Drainage easements should be maintained in the right-of-way to convey storm water from adjacent property. 16. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 17. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer easements must be retained until sewer relocations are complete and new easements are dedicated. Entergy: Entergy does not object to this conditional use. Overhead facilities are in place along the south side of West 28th Street. Contact Entergy in advance regarding future service requirements to the development and future facilities locations as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 5 Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 6 D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allows manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 7 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org. County Planning: No comment. Rock Region METRO: The area is currently served by METRO at Fair Park Boulevard and 28th Street adjacent to the location indicated. We have no objections to the location of a school in this area. One concern with the plan presented is that the sidewalks do not provide a contiguous pedestrian way around the newly created block. We wish to encourage students to walk and take transit to school. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 8 E-Stem students are currently served by METRO at their location in downtown Little Rock. We already partner with E-Stem to provide rides to school for students and would continue to do so. Bus service at this location provides a bridge for students between the two campuses via UALR – Route 16. Sidewalks are an important component with in the streetscape serving transit and multi-modal transportation. METRO has plans to continue to serve the campus and plan to provide service enhancements. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 2, 2015) The applicants, including representatives of eStem and UALR, were present. Staff presented the item and noted much additional information was needed. Staff presented the following list of comments: 1. Provide a copy of the Bill of Assurance for Cherry and Cox Addition. 2. Provide in writing the total number of classrooms by grade, the number of students and the number of employees. 3. Provide information on the proposed building; height, materials, roof… 4. Locate mechanical equipment and screening. 5. Provide details of dumpsters screening to comply with Code, dumpster pick- up should be limited to normal business hours (6:00 a.m. – 6:00 p.m.). 6. Locate and describe all proposed fencing. 7. Provide signage plan. 8. Label building setbacks from property lines. 9. Describe use of outdoor recreation area. 10. Provide lighting plan; should low-level and directional, aimed downward and into the site. 11. Provide parking, drop-off/pick-up plan. 12. Will the building contain a gymnasium or cafeteria? 13. Will there be activities at the site after normal school hours? It was noted that parking and building setback variances were needed. Public Works Comments were presented and discussed at length. Staff emphasized the need for a traffic study and the applicants responded that one was being done. The applicants commented that they had previously met with staff and the comments were as expected and previously discussed. Landscaping, Fire Department and Other Agency Comments were noted. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 9 The applicants were advised to submit responses to those issues raised by Planning Staff by September 9, 2015. They were advised to work with Public Works and Traffic Engineering on their comments, including completion and submittal of the traffic study. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: eStem Public Charter Schools, Inc. proposes to construct an open enrollment public charter high school on the property located on the north side of West 28th Street, between Fair Park and Fillmore. The property is currently owned by UALR and the high school will function somewhat as an extension of the college campus. This proposed new building is to accommodate students in 9th and 10th grades. Students in grades 11 and 12 will attend classes in refurbished buildings located elsewhere on the UALR campus. This proposed building is to house 750 students in 15 classrooms per grade (30 total) with 50 employees. The building will be 3 stories in height and will have an exterior finish of brick, glass and metal panels. Once right-of-way is dedicated, the building will have a setback of 13’6” from the property line on West 28th Street and 0’ from the property line on West 27th Street. New fencing will consist of screening fencing along the property lines adjacent to the single family residential properties located at the northwest and northeast corners of the site. A small outdoor recreation area is located on the east side of the building. The area will be a mix of hardscape plaza and grass lawn. A basketball goal will be provided. The building will have a large multipurpose room that will provide convocation, recreation and dining opportunities. There will be no kitchen built as part of the project; all food will be catered. As with a typical high school, there will be some afterhours events for parents, student organizations, etc. The frequency of such will vary throughout the year. The mechanical equipment and dumpster are proposed to be located in a screened area at the rear of the building. Dumpster pick-up will be limited to 6:00 a.m. to 6:00 p.m. Signage will comply with that allowed in office and institutional zones as is typical for a school. All site lighting will be low-level and directional, aimed downward and into the site. The 1907 plat/bill of assurance for Cherry and Cox Addition does not address use issues. The proposed plan results in the need for setback and street buffer variances on the West 28th and West 27th Street frontages. Additionally, a variance is needed to allow virtually all required parking to be off-site. Only 6 of the required 230 spaces are located on the school site. December 17, 2015 ITEM NO.: A (Cont.) FILE NO.: Z-9073 10 The issue of greatest potential concern appears to be that of traffic, specifically providing for the drop-off and pick-up of up to 750 students when no school bus service is provided. The applicant proposes to utilize a UALR parking lot located across Fillmore Street to the west for vehicle stacking and drop-off/pick-up of students. Staff is reviewing the plan submitted by the applicant and staff continues to work with the applicant to address the issues. The matter is under consideration and additional information will be presented to the Commission at the public hearing. STAFF RECOMMENDATION: Staff’s recommendation is forthcoming. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2015) The applicant was present. There were no objectors present. Staff recommended deferral of the item to the November 5, 2015 agenda to allow additional time to review traffic issues. Staff informed the commission that the applicant had agreed to the deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the November 5, 2015 agenda by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015) The applicant was present. There were no objectors present. Staff informed the commission that the applicant had recently submitted a traffic study but staff had not had sufficient time to study it and prepare an adequate response. Staff recommended deferring the item to the Dec. 17, 2015 agenda. The applicant had agreed to the deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicants were not present. There were no objectors present. Staff presented the item and informed the commission that the applicants had requested deferral of the item on November 23, 2015. There was no further discussion. The item was placed on the consent agenda and deferred to the January 28, 2016 meeting with a vote of 10 ayes, 0 noes and 1 absent. December 17, 2015 ITEM NO.: B FILE NO.: LA-0066 NAME: Yarberry Lane Timber Harvest Variance Request LOCATION: 7326 Yarberry Lane APPLICANT: Cynthia D. Woods AREA: Approximately 11.5 acres CURRENT ZONING: R2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber on approximately 11.5 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 11.5 acres located at 7926 Yarberry Lane. The variance would allow staff to issue a grading permit for the timber harvesting activities without imminent construction. B. EXISTING CONDITIONS: The 11.5 acre property is tree covered. West of the subject property are several properties zoned R2 and Chicot Road. South of the subject property is developed properties zoned R2 and Yarberry Lane. North and east of the subject property are several single family developed lots zoned R2. C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has not received any telephone calls or emails with questions or desiring additional information. Staff has received 4 emails desiring the required undisturbed buffer to not be maintained. D. ENGINEERING COMMENTS: 1. Harvest activities must comply with state and federal forestry harvest techniques and code. 2. Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional requirements. 3. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. December 17, 2015 ITEM NO.: B (Cont.) FILE NO.: LA-0066 2 4. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 5. The harvest activities shall be expediently completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 7. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 8. Per Sec. 29-179(5), undisturbed areas designated for temporary buffers shall be kept undisturbed except for reasonable access to the site. The width of the temporary buffer strip shall be 6% of the lot width and depth. The minimum width shall be 25 ft. and the maximum required width shall not exceed 40 ft. In no event shall these temporary strips be less than the width of the permanent buffers required for the development. Label and delineate undisturbed buffer areas on the harvest plan. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: The applicant was present. Staff presented an overview of the variance application. Staff relayed to the applicant that only 4 properties sent requests asking that the undisturbed buffer not be maintained. Since only a small number of neighbors provided emails compared to the number of surrounding lots, staff cannot recommend removal of the undisturbed buffers. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is proposing to harvest timber on approximately 11.5 acres. The timber harvest plan identifies a mixture of pine and hardwood trees ranging from 6 inches in diameter to 22+ inches in diameter. The majority of trees show to be 6 inches in diameter. The principal species of trees identified were loblolly and shortleaf pines and southern red oak, cherry bark oak, white oak, gum, and hickory. The plan states generally stands with a range of size and age classes that are overstocked will benefit from a selective harvest to market mature and defective trees and others, as needed, to relieve overcrowded conditions. December 17, 2015 ITEM NO.: B (Cont.) FILE NO.: LA-0066 3 The timber harvest plan identifies approximately 122 trees per acre consisting specifically of approximately 48 pine and 74 hardwood trees per acre. The applicant proposes to conduct a selective harvest removing the mature and defective trees and leaving a sufficiently stocked stand for future growth while removing no more than 50% of the growing stock. The applicant has revised the timber harvest plan and agrees to maintain 25 ft. undisturbed buffers along all property boundaries. Access to the property is proposed to be taken from Yarberry Lane. The applicant has agreed to remove all tree tops and debris generated from the project by either burning or hauling off. The applicant has also agreed to obtain a grading permit prior to beginning work. The applicant has agreed that the project will be completed in less than 1 year. H. RECOMMENDATION: Staff recommends approval of the timber harvest variance request subject to the compliance with staff’s comments found in paragraph D along with the following comments and conditions: 1. The undisturbed buffers at least 25 ft. in width should be marked on site with paint and/flagging; 2. A grading permit should be obtained prior to the start of harvest; 3. Mud and debris tracked on Yarberry Lane should be removed immediately. 4. Any damages that occur to Yarberry Lane attributed to the timber harvest will be repaired immediately. I. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2015) The applicant was not present. The applicant did not provide notice to the adjacent property owners within 10 days prior to the item being heard by the Planning Commission. Therefore, staff recommended the item be deferred to the November 5, 2015 Planning Commission agenda. There was no further discussion. The item was placed on the consent agenda for deferral to the November 5, 2015 agenda. The item was deferred by the Planning Commission by a vote of 9 ayes, 0 noes, and 2 absent. PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015) The applicant was not present. The applicant did not provide notice to the adjacent property owners within 10 days prior to the item being heard by the Planning Commission. Therefore, staff recommended the item be deferred to the December 17, 2015 Planning Commission agenda. There was no further discussion. The item was placed on the consent agenda for deferral to the December 17, 2015 agenda. The item was deferred by the Planning Commission by a vote of 11 ayes, 0 noes, and 0 absent. December 17, 2015 ITEM NO.: B (Cont.) FILE NO.: LA-0066 4 PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) Staff recommended the item be placed on consent approval. The item was requested to be moved to regular agenda for discussion by Commission Troy Laha. The item was presented by Mike Hood from Public Works staff with a recommendation of approval. Mr. Hood stated the timber harvest plan met all requirements. Mr. Laha states the survey was incomplete and did not provide information such as adjacent property information; utilities; the correct owner’s name; the survey was prepared over 5 years ago; and several other items as required by the State of Arkansas were missing. Mr. Hood stated there were no requirements in the City code for the survey to be less than 5 years old. He said he could not address the other items because staff usually did not check that information for a timber harvest permit. The Commission discussed the item and explained options to the applicant. The options presented to the applicant by the Commission were: to continue with the application as filed; to condition the approval of the application on a new survey being prepared prior to issuance of a grading permit; or to defer the item to the next agenda to provide time for another survey to be prepared. The applicant, Ms. Cynthia Woods and her husband, stated the application had been costly and they had been waiting for several months for a decision. The applicant continued and stated the timber harvest contractor was waiting on the Planning Commission approval to begin work. The applicant requested to continue with the application as originally requested based on the survey as presented. There was no further discussion. A motion was made to approve the item as presented by staff including all staff recommendations and comments in paragraphs D and H of the agenda staff report. The item was approved by the Planning Commission by a vote of 10 ayes, 1 no, and 0 absent. December 17, 2015 ITEM NO.: C FILE NO.: LU15-19-02 Name: Land Use Plan Amendment – Chenal Planning District Location: West of northwest corner of Chenal Parkway and Rahling Road Request: Residential Low Density to Office Source: Tim Daters, White Daters The applicant has requested via letter on October 23, 2015 that the item be deferred to the December 17, 2015 agenda. The item was placed on the consent agenda for deferral to December 17, 2015. By unanimous vote – 11 for, 0 against, the consent agenda was approved. STAFF UPDATE: Due to the inactivity of the applicant on the zoning item, Staff is recommending deferral of this item to the January 28, 2016 hearing. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicant requested to withdraw this item on December 16, 2015. The item was placed on the consent agenda for withdrawal and was approved with a vote of 10 ayes, 0 noes and 1 absent. December 17, 2015 ITEM NO.: C.1 FILE NO.: Z-5936-N Owner: Deltic Timber Corporation Applicant: Tim Daters, White-Daters and Associates Location: West of the northwest corner of Chenal Parkway and Rahling Road Area: 16.73 Acres Request: Rezone from R-2 and OS to O-2 and OS Purpose: Future office development and open space Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Golf course and single family residences; zoned R-2 and MF-6 South – Floodway, single family residences and undeveloped property; zoned OS, R-2 and POD East – Undeveloped property, multifamily, office and commercial uses; zoned PD-R, C-3, C-2 and O-3 West – Single family residences and golf course; zoned MF-18 and R-2 A. PUBLIC WORKS COMMENTS: 1. Proposed changes to the intersection of Founders Drive and Chenal Parkway are not reviewed nor approved with approval of this application. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site were notified of the public hearing. There was no established neighborhood association to notify. December 17, 2015 ITEM NO.: C.1 (Cont.) FILE NO.: Z-5936-N 2 D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single-Family Residential) to O-2 (Office and Institutional District) to allow for future office development of this site. There is an accompanying item to amend the Land Use Plan to Office (O) – Office allows services provided directly to consumers as well as general offices, which support more basic economic activities. Master Street Plan: Chenal Parkway and Rahling Road are shown as a Principal Arterials on the Master Street Plan. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway and Rahling Road since they are Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class I Bike Path is shown both Chenal Parkway and Rahling Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). E. STAFF ANALYSIS: Deltic Timber Corporation, owner of the 16.73 acre property located west of the northwest corner of Chenal Parkway and Rahling Road, is requesting to rezone the property from “R-2’ Single Family District and “OS” Open Space District to “O-2” Office and Institutional District and “OS” Open Space District. The rezoning is proposed to allow for future office development and open space. The areas of rezoning are as follows: Area 1 – R-2 to OS ( 1.92 acres) Area 2 – R-2 to O-2 (13.35 acres) Area 3 – OS to O-2 ( 1.04 acres) Area 4 – OS to O-2 ( 0.42 acres) December 17, 2015 ITEM NO.: C.1 (Cont.) FILE NO.: Z-5936-N 3 The property is currently undeveloped and mostly tree-covered. A golf course and single family residences (zoned R-2 and MF-6) are located to the north. Floodway, single family residences and undeveloped property (zoned OS, R-2 and POD) are located to the south. Undeveloped property, a bank and multifamily development are located to the east (zoned C-3, O-3 and PD-R), with a large commercial development (zoned C-2) across Rahling Road further east. Single family residences and a golf course (zoned MF-18 and R-2) are located to the west. The City’s Future Land Use Plan designates this property as Residential Low Density (RL) and Park/Open Space (PK/OS). A proposed Land Use Plan Amendment to Office (O) and Park/Open Space (PK/OS) is a separate item on this agenda. Staff is supportive of the requested O-2 and OS rezoning. Staff views the request as reasonable. Staff feels that the proposed rezoning represents an appropriate land use pattern for this area. The request basically shifts the existing OS strip to the north and west, adjacent to the existing Bretagne Circle single family development and golf course. The OS strip will be widened to 100 feet adjacent to the single family lots, and will be 50 feet in width adjacent to the golf course. The proposed O-2 zoning provides for an adequate transition from the C-3 zoned property along Rahling Road to the single family development and zoning to the north and west. Staff believes rezoning this property to O-2 and OS will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 and OS rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015) Staff informed the Commission that the applicant requested this application be deferred to the December 17, 2015 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 17, 2015 agenda. The vote was 11 ayes, 0 nays and 0 absent. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) Staff informed the Commission that the applicant requested this application be withdrawn. Staff supported the withdrawal request. December 17, 2015 ITEM NO.: C.1 (Cont.) FILE NO.: Z-5936-N 4 The item was placed on the Consent Agenda and withdrawn. The vote was 10 ayes, 0 nays and 1 absent. December 17, 2015 ITEM NO.: D FILE NO.: Z-9089 Name: Phoenix Recovery Parolee/Probationer Housing Facility – Special Use Permit Location: 104 N. Battery Street Owner: Capitol Development Co., LLC Applicant: Matt Bell Proposal: A Special Use Permit is requested to allow a parolee/probationer housing facility to be operated within the existing multifamily development located on the R-5 zoned property at 104 N. Battery Street. STAFF UPDATE: The applicant submitted a letter to staff on October 21, 2015 requesting this application be deferred to the December 17, 2015 agenda. The applicant notes that he will not be available to attend the November 5, 2015 meeting. Staff supports the deferral request. PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015) Staff informed the Commission that the applicant requested this application be deferred to the December 17, 2015 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the December 17, 2015 agenda. The vote was 11 ayes, 0 nays and 0 absent. STAFF UPDATE: This application needs to be deferred to the January 28, 2016 agenda based on the fact that the applicant did not complete the required notification to surrounding property owners. Staff recommends deferral of the application. December 17, 2015 ITEM NO.: D (Cont.) FILE NO.: Z-9089 2 PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) Staff informed the Commission that the application needed to be deferred to the January 28, 2016 agenda based on the fact that the applicant did not complete the required notification to surrounding property owners. Staff supported deferral of the application. The item was placed on the Consent Agenda and deferred to the January 28, 2016 agenda. The vote was 10 ayes, 0 nays and 1 absent. Moore. Monte 9D 9 From: Doug Barton <douglaskbarton @gmail.com> Sent: Wednesday, November 25, 2015 9:12 AM To: Moore, Monte; Director Webb; AR State Rep. Warwick Sabin; Countryman, Kathleen Subject: CV5SNA resolution regarding Phoenix Recovery request for special use permit for reentry November 10, 2015 Little Rock Planning Commission Attention: Monty Moore 723 W Markham St, Little Rock, AR 72201 RE: Capitol View Stifft Station Neighborhood Association resolution regarding Phoenix Recovery Center request for special use permit for reentry Dear Monty, at our November meeting of the Capitol View Stifft Station Neighborhood Association, we discussed the request by Phoenix Recovery Center for a special use permit for reentry. Concern was expressed regarding two issues. First, some folios feel that Phoenix Recovery has not forged a good relationship with the neighborhood near their facility and did not listen to their concerns. And second, that women at the facility might not be receiving adequate services from Phoenix. So our neighborhood association passed a resolution that asking that the Planning Commission deny the request by Phoenix Recovery for a special use permit for reentry. Sincerely, Doug Barton President, Capitol View Stifft Station Neighborhood Association DKB December 17, 2015 ITEM NO.: E FILE NO.: Z-9087 NAME: #1 Orlé Circle – Accessory Dwelling Conditional Use Permit LOCATION: #1 Orlé Circle OWNER/APPLICANT: Gene Schoonmaker/Byron Holmes PROPOSAL: A conditional use permit is requested to allow an accessory dwelling on this R-2 zoned lot. 1. SITE LOCATION: The lot is located at the corner of Orlé Circle and Mornay Lane, in Chenal Valley. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Orlé Neighborhood is a gated neighborhood of large, single family residences on private streets. Other homes in the neighborhood are similar in that they utilize a port-cochere with an enclosed courtyard parking area and garage access. In so much as the accessory dwelling will only be used for family members and guests and not rented as a separate dwelling, the proposed use should be compatible with the neighborhood. A letter of approval from the Chenal Valley Architectural Control Committee has been provided by the applicant. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the representative for Chenal Valley Properties. 3. ON SITE DRIVES AND PARKING: The principle dwelling and accessory dwelling each require one (1) parking space. The proposed garage and driveway provide more than required parking. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: No comments. December 17, 2015 ITEM NO.: E (Cont.) FILE NO.: Z-9087 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. This area is currently served via an underground power line on the front of the lots. Entergy’s records indicate that this lot is served by underground secondary cable on the southeast corner of the lot. There do not appear to be any conflicts with existing Entergy facilities. Contact Entergy in advance regarding service connections as the project proceeds. Centerpoint Energy: No comment received. AT&T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Contact Central Arkansas Water regarding the size and location of the water meter Fire Department: No comment. Building Codes: No comment. County Planning: No comments received. Rock Region METRO: Location is not currently served by Rock Region METRO. No comments. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 14, 2015) The applicant was present. Staff presented the item and noted little additional information was needed. Staff requested a copy of the bill of assurance. The applicant presented a letter of approval from the Chenal Valley Architectural Control Committee. Other Agency Comments were noted. December 17, 2015 ITEM NO.: E (Cont.) FILE NO.: Z-9087 3 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of an accessory dwelling to be built in connection with a new single family residence to be located on the R-2 zoned lot at #1 Orlé Circle. Orlé is a gated community of large single-family residences located in Chenal. The proposed accessory dwelling is to be located in an accessory structure that is connected to the principal dwelling by a port-cochere. The accessory structure will contain a garage, storage and the accessory dwelling. The accessory dwelling will be used by family members and guests of the homeowners. The structure will be constructed of the same materials as the principal dwelling and will give the appearance of only one structure, with a porte-cochere providing access to a parking courtyard behind the residence. Staff is not aware of any issues. The proposed construction is out of character with other homes in this neighborhood. The Chenal Valley Architectural Control Committee has approved the plans subject to some conditions. Those conditions are particular to the ACC’s approval for this home and are not to be enforced by the City. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 5, 2015) The applicant’s representative was present. There were no registered objectors present. Staff informed the commission that, on November 4, 2015, the applicant had requested deferral of the item to the December 17, 2015 meeting to allow for time to address concerns that had been raised by neighbors. There was no further discussion. A motion was made to waive the commission’s by-laws to accept the late deferral request. That motion passed with a vote of 11 ayes, 0 noes and 0 absent. The item was then placed on the consent agenda and approved for deferral to the December 17, 2015 meeting by a vote of 11 ayes, 0 noes and 0 absent. December 17, 2015 ITEM NO.: E (Cont.) FILE NO.: Z-9087 4 PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicants were present. There were two persons present in opposition. A letter of support from a neighborhood resident and the letter of conditional approval form the Chenal Architectural Control Committee had been given to the commissioners. A package from the opposition, including a petition signed by many neighborhood residents, had also been given to the commissioners. Staff presented the item and a recommendation of approval. Staff noted a typographical error in the “staff analysis” and stated the proposed construction was not out of character with other homes in the neighborhood. Amy Bagnall, attorney representing the applicants, spoke in support of the application. She stated the project had been vetted by the ACC pursuant to the bill of assurance and the Orle neighborhood restrictions. She presented photographs showing other homes in the neighborhood with similar design and Porte cocheres. Ms. Bagnall noted that some of those homes had what appeared to be two front doors. She stated there were many home in Chenal that had guest homes and pool houses with second kitchens. She stated this property would have one set of utilities, one mailbox and one address. Ruth Bell, of the League of Women Votes of Pulaski County spoke in support. She stated there were many homes in the Heights and Hillcrest neighborhoods that had accessory dwellings. She stated the lifestyles of today are changed and there was a need for this type of shared family living arrangement. Ms. Bell stated accessory dwellings could be an asset to a neighborhood and the community. Byron Holmes, builder or the home, presented a rendering of the home. Glen Thomas, of #2 Orle Circle, spoke in opposition. The presentation package he had previously prepared had been distributed to the commissioners. He stated he represented twenty-six home owners in the neighborhood who were opposed to the accessory dwelling. He said the neighbors viewed this as a duplex in a single family neighborhood. He described the construction as a second house on the property. He said he wasn’t necessarily against the accessory dwelling but he wanted to know how occupancy of the second dwelling was going to be regulated in the future. Mr. Thomas said the property would likely be sold in the future as a single family house with a rental unit. He said there wasn’t anything like this elsewhere in the city. Mr. Thomas then quoted from several sections of city code describing accessory structures in general. He again questioned how the city could enforce any provision that restricted the structure from being rented. Mr. Thomas said other homes in the neighborhood do not have anything that gives the appearance of a second home. He said the December 17, 2015 ITEM NO.: E (Cont.) FILE NO.: Z-9087 5 opponents had suggested that the applicant eliminate the second front door and porch. He questioned the building setbacks and stated other developers throughout Chenal would follow suit and put second dwellings on single family lots. He read the definition of “family” from the city code and again said there could be two families living on the lot. He voiced concern about increased traffic and decreased property values. Mr. Thomas closed by stating they wanted a compromise to eliminate the second front door. Amy Bagnall responded, stating: the structure is an accessory dwelling, the structure is not a rental property and family members will live in it, any conditions can be enforced by Chenal or the city, the structure fits with the neighborhood, the applicant got or is getting all needed approvals, the traffic will not be out of character for the neighborhood and if there was no second kitchen, there would be no need for a CUP. In response to questions from Commissioner Laha, Ms. Bagnall stated she did not know the price of construction and there were 4-5 bedrooms total, counting the principal dwelling and accessory dwelling. During the ensuing discussion, staff explained the platting of the property and how setbacks were determined and how the construction complied with all provisions of the code. Staff also discussed what components were necessary to make the structure a dwelling. Commissioner May asked if there wasn’t a way to compromise by eliminating the second front door. The applicant did not give a verbal response but indicated no. Commissioner Latture commented that denial of the CUP would not change anything about the construction or look of the project, other than there would not be a kitchen in the accessory building. There being no further discussion, a motion was made to approve the application. The motion passed with a vote of 7 ayes, 4 noes and 0 absent. December 17, 2015 ITEM NO.: F FILE NO.: Z-4765-D NAME: Chenal Road Self Storage Long-form PD-C LOCATION: Located on the East side of Autumn Road, just North of Barnes and Noble DEVELOPER: KOLP Irrevocable Trust, UTD 9800 Maumelle Boulevard North Little Rock, AR 72113 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.1459 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional ALLOWED USES: Office PROPOSED ZONING: PD-C PROPOSED USE: Self storage VARIANCE/WAIVERS: 1. A variance from the City’s Land Alteration Ordinance to allow grading of the entire site with the development of the first phase. 2. A variance from Section 30-41 and 31210 to allow the drive on Autumn Road nearer the property line than typically allowed. BACKGROUND: The site was zoned O-2, Office and Institutional District on February 3, 1987, by the adoption of Ordinance No. 15,240. The rezoning placed conditions on the approval. A 50-foot open space buffer was required along the northern and eastern perimeters of December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 2 the site. The zoning also placed a condition on the site that the building height was to be limited to the O-3, General Office District building height. The building height allowed in the O-3, General Office Zoning District is 45-feet with additional height allowed for each one (1) foot of setback beyond the required building setback not to exceed 60-feet. On January 19, 2006, the Little Rock Planning Commission approved a request for a zoning site plan review to allow the development of this site with a multi-story office building. The approval allowed the construction of a 60,000 square foot, three story medical office building and surgery center/clinic. The building was located in the center of the site with terraced parking lots around the building. The total parking proposed was 250 cars arranged on both sides of the building, with on-grade access to the first and second floors. The topography of the site was utilized giving the appearance of a two (2) story building from the south side and a three (3) story building from the north side. Two (2) curb cuts on Autumn Road were proposed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project is located on the east side of Autumn Road, just north of Barnes and Noble. The project consist of 204,840 square feet of self-storage located in four (4) buildings. The plan includes the development in two (2) phases. An office containing 3,536 square feet, a wine storage area of 1,446 square feet, Building A containing 15,850 square feet and Building B containing 80,808 square feet will be constructed in the first phase. Building C containing 88,2000 square feet and Building D containing 15,000 square feet will be constructed in the second phase. The request includes a variance from the City’s Land Alteration Ordinance to allow grading of the entire site with the development of the first phase. The request also includes a variance from the Subdivision and Master Street Plan Ordinances to allow the drive on Autumn Road nearer the southern property line than typically allowed. B. EXISTING CONDITIONS: The site is tree-covered with steep slopes. A drainage ditch occurs along the north edge of the property, and a deep swale occurs at the northeast corner of the site. The site is nicely forested with medium sized pine and hardwood trees. Autumn Road, adjacent to the site, has not been constructed to Master Street Plan standard. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls and a number of calls and letter in opposition from area property owners. All property owners located within 200 feet of the site along with the Birchwood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Autumn Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Autumn Road including 5-foot sidewalks with the planned development. The new back of curb should be located 36 feet from the existing back of curb on the west. 3. Street Improvement plans shall include signage and striping. Center turn lane striping should be provided on Autumn Road. Public Works must approve completed plans prior to construction. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. If the project is proposed to be phased, will an advanced grading variance be requested for future phases with construction of Phase 1? 5. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 6. Stormwater detention ordinance applies to this property. 7. Downstream of the subject property has experienced flooding in the past. City of Little Rock has made improvements downstream. Per Section 29-102 an evaluation should be conducted on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. If the proposed development will cause or increase downstream flooding conditions, additional stormwater detention or other steps must be provided. 8. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 4 9. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering, Greg Simmons, gsimmons@littlerock.org or 501.379.1813 for more information 10. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The proposed driveway location is less than 300 feet from other driveways and 150 feet from the side property line. A variance must be requested for the driveway location. 11. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. 12. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 13. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 14. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 15. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No stormwater detention basin or levee to be constructed within 10-feet of a sewer main. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy does not object to this proposal. Overhead power lines exist on the west, north and east sides of this property but should not interfere with the proposed use of the property. Caution should be used when cutting in the drive on Autumn Drive as an overhead line is in the proximity. Contact Entergy in advance regarding future service requirements to the development, line extension, and future facilities locations as this project proceeds. CenterPoint Energy: No comment received. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 5 AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A water main extension will be needed to provide water service to this property. 3. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. 4. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the Little Rock Fire Department is required. 5. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 6. Contact Central Arkansas Water regarding the size and location of water meter. 7. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 501.377.1226 if you would like to discuss backflow prevention requirements for this project. 8. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s materials and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. 9. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives area used, a reduced pressure zone back flow preventer shall be required. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 6 Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Loading. Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Gates. Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Jason Lowder 501.377.1245) and the Little Rock December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 7 Fire Marshal’s Office (Captain Tony Rhodes 501.918.3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comment received. County Planning: No comment. Rock Region Metro: The area is not currently served by METRO. The area is part of our future plans for local service and service enhancements. We have no comments on this development. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org. Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Office (O) for this property. The Office category includes services provided directly to consumers (e.g. legal, finance, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from O-2, Office and Institutional District to PDC (Planned Development Commercial District) to allow for the development of a mini-storage facility on the site. Master Street Plan: Autumn Road is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown along Autumn Road. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. The maximum dimension required shall be fifty (50) feet. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 8 3. Trees and shrubs are required planed adjacent to street right-of-way. Plant material is to be provided at one (1) tree and three (3) shrubs for every 30 linear feet. Existing trees and vegetation can be used to satisfy landscape requirements. A minimum thirty-six (36) foot street buffer will be required along Autumn Road. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 5. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 6. An irrigation system shall be required for developments of one (1) acre or larger. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (September 16, 2015) Mr. Tim Daters of White Daters and Associates and Mr. Keith Richardson, the developer, were present representing the request. Staff presented an overview of the item stating there were a number of outstanding technical issues in need of addressing related to the site plan. Staff requested additional information concerning the development plan, the intended use of the property and the overall proposed operational hours of the development. Staff requested the applicant provide the proposed materials, the building heights and areas for outdoor storage. Public Works comments were addressed. Staff stated a dedication of right of way to 30-feet from centerline was required on Autumn Road. Staff also stated street improvements were required to Autumn Road per the Boundary Street Ordinance and the Master Street plan. Staff stated a center turn lane was required on Autumn Road. Staff requested Mr. Daters provide a sketch grading and drainage plan for the development. Staff also questioned the location and height of any proposed retaining walls. Staff stated an engineer’s certification was required for all walls both pre and post construction. Landscaping comments were addressed. Staff stated the street buffer appeared to be less than the minimum ordinance requirement per the zoning ordinance. Staff also stated screening was required along the site’s perimeters where abutting a less restrictive use. Staff noted any trees or existing vegetation which December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 9 could be saved would be given credit toward fulfilling the landscape ordinance requirements. Staff noted the comments from the various other agencies. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan and cover letter to staff addressing most of the technical issues associated with the request. The applicant has provided additional information concerning the development plan, the intended use of the property and the overall proposed operational hours of the development. The applicant has also provided the proposed materials, the building heights and areas for outdoor storage. The request is a rezoning from O-2, Office and Institutional to Planned Development Commercial to allow the development of the site with mini-warehouse. The project consists of 204,840 square feet of self-storage located in four (4) buildings. The plan includes the development in two (2) phases. A 3,536 square foot office, a 1,446 square foot wine storage, Building A containing 15,850 square feet and Building B containing 80,808 square feet will be constructed in the first phase. Building C containing 88,200 square feet and Building D containing 15,000 square feet will be constructed in the second phase. With the first phase the slab for building C will be developed. The slab will be used for outdoor storage of boats, rv’s and other items until the actual building is constructed. Upon full build-out of the buildings no outdoor storage is proposed. The development is proposed with a manager unit upstairs above the office to allow 24-security of the mini-warehouse development. The applicant has stated the residence may not be used during the first phase but will be available if and when the residence is desired. Each of the units will have individual door alarms to notify the office when a person is entering their unit. All areas of entry and exit to storage property will have cameras and be recorded including all entrances to each individual buildings. The site plan indicates two (2) gated entrances with key code entry. The hours of operation for the office are 7:00 am to 6:00 pm daily. The gate hours are 7:00 am to 10:00 pm daily. The applicant states 95 percent of the tenants will be limited to 7:00 am to 10:00 pm gate access hours. He states less than five (5) percent of units will pay an extra $25 fee per month to be allowed 24-hour access. 24-hour access is primarily used by pharmaceutical reps that need access to run their business. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 10 The office will provide retail sales of boxes and moving materials. Within the office/main building there will be a wine locker storage area of approximately 1,500 square feet. This area includes a tasting room to accommodate 15 - 20 people. No alcohol sales are proposed. The area is a room to allow wine clubs to share wine with other members. In addition the building will contain a conference room that will hold eight (8) to ten (10) people. The conference room will be provided to the tenants of the mini-warehouse development as a meeting space which will be provided free of charge. Within the main building there will also be two (2) computer work stations and printers for the tenant use also free of charge for those customers that do not have a formal office setting. The site plan includes a dumpster location. The note on the plan states if a dumpster is placed on the site it will be fully screened with masonry walls and serviced only during weekday office hours. The site plan indicates the placement of 49 parking spaces to serve the site. The applicant has stated trucks or trailers for moving will not be rented from the site. The parking calculated for warehouse development is calculated at one space per 2,000 square feet of floor area up to 50,000 square feet and one (1) space per 10,000 square feet of floor area over 50,000 square feet. The parking typically required for a warehouse development would be 43 parking spaces. The buildings are proposed as one (1) and two (2) story buildings. The buildings will match the grade of the site with one side of the building being at grade with the drive on the upper unit and the “back side” of the building being at grade with the drive creating a stair step through the site. The single story buildings will not exceed 20-feet in height. The two (2) story building will typically not exceed 20 feet in height on the high side. The western end caps will not exceed 50 feet in height on Building B or 30 feet in height on Building A. Building materials will be a mix of materials including painted stucco, architectural insulated metal panels, glass and split face CMU bands. The applicant has indicated a single ground sign will be placed along Autumn Road. The sign is proposed as the maximum allowed by ordinance. Since the property is currently zoned office the maximum sign allowed would be six (6) feet in height and 64 square feet in area. Building signage is proposed on the west and south side of the western end cap for Building B. The sign location on the south façade is located without public street frontage. The total sign area on each cap will not exceed 500 square feet. The site plan indicates the placement of a decorative iron fence six (6) feet in height along Autumn Road and the southern perimeter which will tie into Building A. A six (6) foot wood fence is proposed along the northern and western perimeters. The backs of the buildings in other locations will act as security for the development. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 11 The request includes a variance from the City’s Land Alteration Ordinance to allow advanced grading of the site with the development of the first phase. The applicant has indicated the advanced grading is necessary to allow the site to balance with cuts and fills. The site shows to detain stormwater underground within pipes for the 25 year storm event. The final review and approval of the proposed detention design to conform to the requirements of the City of Little Rock Stormwater Management and Drainage Manual will occur prior to the issuance of a grading permit. The request also includes a variance from Section 30-43 and 31-210 to allow the placement of a drive nearer the property line than typically allowed. The drive is indicated less than 150 feet from the southern property line. The drive is proposed at this location to align with the existing drive located across Autumn Road. The driveway immediately to the south is a service drive for the shopping center fronting Chenal Parkway and has limited traffic. The location as shown is necessary to match the proposed site grades. Staff is supportive of the applicant’s request. Although the site is indicated as Office on the City’s Future Land Use Plan and is zoned O-2, Office and Institutional staff feels the development as proposed will be less intrusive to the neighborhood. The site plan indicates the placement of a 50-foot OS, Open Spaced zoned buffer and there is an additional 30-foot platted undeveloped right of way between the OS buffer and the adjacent single-family homes. The applicant has indicated building heights along the eastern perimeter (adjacent to the single-family homes) will not exceed 20-feet. In addition staff feels the limited hours of access to the facility with few customers accessing the site on a 24-hour basis will have less of an impact on the nearby homes than a typical office development. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow the placement of the access drive on Autumn Road nearer the property line that typically allowed. Staff recommends approval of the variance request to allow advanced grading of the entire site with the construction of the first phase of the storage facility. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 12 PLANNING COMMISSION ACTION: (OCTOBER 8, 2015) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated September 28, 2015, requesting deferral of this item to the November 19, 2015, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: Based on additional information provided by the applicant staff recommends deferral of this item to the December 17, 2015, Public Hearing to allow staff additional time to review the revised material provided. PLANNING COMMISSION ACTION: (NOVEMBER 19, 2015) The applicant was present. Staff presented a recommendation of deferral of the item to allow them additional time to review information provided by the applicant. Staff presented a recommendation of deferral of this item to the December 17, 2015, Public Hearing. Staff stated the applicant was agreeable to the deferral request. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had met with the Birchwood Neighborhood Association and had made agreements concerning the future development of the site. Staff read into the record a statement from the Birchwood Neighborhood Association concerning flooding, maintenance of open space and visual separation. The following is the agreement made with Mr. Richardson and the Neighborhood Association: 1. Flooding is the primary concern that needed to be addressed. a. Mr. Richardson will be installing 4 grate covered “ditches” in the 30 foot space between each building to catch water. b. He will be installing gutters at the roof lines with downspouts that direct the water flow into the “ditches”. c. The water collected in the “ditches” will filter through the earth and end up in the two (2) stormwater detention basins located to the north east of the property. December 17, 2015 ITEM NO.: F (Cont.) FILE NO.: Z-4765-D 13 d. When the engineer Tim Daters of White Daters and Associates conducts the required water flow tests, the results will be provided to the Birchwood Neighborhood Association. 2. Maintaining the Open Space (OS) zoning and privacy to the North and East of the property is of great concern. a. Mr. Richardson has agreed to leave the existing 50 foot zoned Open Space (OS) to the North and East in place and revised his request with Planning to only rezoned the O-2, Office and Institutional zoned portion of the property to PDC. 3. Privacy and visual separation was an issue addressed to most residents’ satisfaction. a. To the East, there is an abandoned 30 foot ROW behind the residents’ homes. With the zoned 50 foot OS, this gives 80 feet of buffer. Mr. Richardson will be installing a wood privacy fence at the 80 foot line and planting an additional 25 feet of landscape buffer giving 105 feet of buffer. b. To the North, the closest building will have a brick back and will not have any lighting facing Birchwood. If the building is visible after development, Mr. Richardson has agreed to work directly with affected residents to plant additional landscaping as needed. 4. Concerns regarding light pollution were resolved when Mr. Richardson informed us that all his lighting will be attached to the buildings and downcast. Staff represented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request for the placement of the driveway on Autumn Road. Staff presented a recommendation of approval of the variance request to allow advanced grading of future phases with the development of the first phase. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. December 17, 2015 ITEM NO.: G FILE NO.: Z-9006-A NAME: Hounds Lounge Pet Resort and Spa Revised Short-form PCD LOCATION: Located at 1711 Rebsamen Park Road DEVELOPER: John Martin, Moses Tucker Real Estate 200 River Market Avenue, Suite 200 Little Rock, AR 72201 SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.271 acres NUMBER OF LOTS:1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Limited list of commercial uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add pet daycare and boarding as an allowable use VARIANCE/WAIVERS: None requested. BACKGROUND: Ordinance No. 21,005 adopted by the Little Rock Board of Directors on March 3, 2015, rezoned the site from R-2, Single-family to PCD to allow the following specific listing of uses as allowable uses: a florist shop, a production studio, a construction company – no outside storage is allowed, an art studio, carpet sales and service, security sales and service, office/warehouse, office/showroom/warehouse, conditioned storage, general and professional office, construction/paint/building products. The plan did not include any exterior modifications to the site or parking layout. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Hound’s Lounge Pet Resort and Spa is proposing to revise the previously approved Planned Commercial Development to add pet boarding and grooming as an allowable use for the site. Hound’s Lounge has determined a need exists for this service to support pet owners in the downtown and midtown areas. The applicant is not proposing any changes to the exterior of the building or exterior area other than adding an enclosed fenced (uncovered) area of approximately 2,000 square feet for the pet’s outdoor activities and exercise. The enclosed fence is to be located at the northeast corner of the property with one of the overhead doors leading into the enclosed area. The applicant proposes approximately 75 kennels with an average daytime and nighttime population of 55 pets. Holidays and high traffic weekends are projected at 110 pets. Pets will be allowed outside four (4) to five (5) times per day for approximately 30 minutes, weather permitting. Proposed business hours of operation are from 7:00 am to 7:00 pm Monday through Friday, 8:00 am to 5:00 pm Saturday and 11:00 am to 5:00 pm on Sunday, with overnight boarding. B. EXISTING CONDITIONS: This area of Riverdale contains a wide variety of uses including single-family, multi-family, office, retail, restaurants and a plant nursery. To the west, across Rebsamen Park Road there is a single-family subdivision. To the east is a railroad spur and east of the rail spur is an office development and an office/mini-warehouse development. South of the site is a restaurant. With the recent renovation the property owner constructed curb, gutter or sidewalk adjacent to this site on Rebsamen Park Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area property owner. All property owners located within 200-feet of the site along with the Sherrill Heights Neighborhood Association and the Riverside Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1.Dispose of all pet excrements in conformance with all municipal, state, and federal health and stormwater quality requirements. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the building from the front. There do not appear to be any conflicts with existing Entergy facilities. Contact Entergy in advance if electrical service needs change as a result of the conversion of use. CenterPoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 3. Contact Central Arkansas Water regarding the size and location of water meter. 4. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 501.377.1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Jason Lowder 501.377.1245 Jason.Lowder@carkw.com) and the Little Rock Fire Marshal’s Office (Captain Tony Rhodes 501.918.3757). Number and Distribution of Fire Hydrants as per Table C105.1. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 4 Parks and Recreation: No comment received. County Planning: No comment. Rock Region Metro: Location is served nearby on Route 21; maintain sidewalks to business district location. The area is heavily travel by pedestrians. No issue with the plan as shown. F. ISSUES/TECHNICAL/DESIGN: Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org. Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a revision to an existing PCD (Planned Commercial District) to add the use of pet care and grooming to the allowable uses on the site. Master Street Plan: Rebsamen Park Road is a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. If building rehabilitation exceeds fifty percent (50%) of the replacement cost then the landscaping and buffer must also come into compliancy accordingly. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 5 G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2015) The applicant was present. Staff presented an overview of the item stating there were additional items necessary to complete the review process. Staff questioned the activities and sales which would occur with the pet resort and spa. Staff also questioned the days and hours of outdoor activities for the pets being boarded. Public Works comments were addressed. Staff stated all pet excrements were to be disposed of in accordance with all municipal, state and federal health and stormwater quality requirements. Landscaping comments were addressed. Staff stated if the building rehabilitation exceeded fifty percent of the replacement cost of the building then the landscaping and buffering were to come into compliance accordingly. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has submitted additional information as requested by staff at the October 28, 2015, Subdivision Committee meeting. The applicant has provided additional information concerning the proposed business plan and has indicated the days and hours of operation as well as the hours the pets will be allowed outdoor for exercise. The request is to amend the previously approved Planned Commercial Development to add pet boarding and daycare as an allowable use. The business Hound’s Lounge Pet Resort and Spa is proposing to reuse an existing commercial building located on Rebsamen Park Road for pet boarding/daycare and grooming. The applicant is not proposing any changes to the exterior of the building or exterior area other than adding an enclosed fenced (uncovered) area for the pet’s outdoor activities and exercise. The enclosed fence is to be located at the northeast corner of the property with one (1) of the overhead doors leading into the enclosed area. Hound’s Lounge will be a cage free environment during the day with an approximate 2,000 sq. feet of indoor play area and dogs. The applicant proposes approximately 75 indoor kennels with an average daytime and nighttime population of 55 pets. On holidays and high traffic weekends, there are 110 pets projected. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 6 Pets will be allowed outside four (4) to five (5) times per day for approximately 30 minutes, weather permitting. The times of outdoor activities will be limited to the days and hours of operation with the exception of Sunday. The pets will be allowed outdoors around 8:00 am. Pets will be supervised at all times when they are outdoors. Pets will only be allowed outdoors within the fenced area. Proposed business hours of operation are from 7:00 am to 7:00 pm Monday through Friday, 8:00 am to 5:00 pm Saturday and 11:00 am to 5:00 pm on Sunday with overnight boarding. The facility will offer a boutique selling pet supplies, clothing items, leashes/collars etc. The facility will also offer a pet washing station for customers to wash their pet as a free service. The applicant has indicated a dumpster will be placed on the site on an as needed basis. The dumpster will be fully screened as typically required by ordinance. The dumpster hours of service will be limited to daylight hours, Monday through Friday from 7:00 am to 6:00 pm. Building and ground signage is proposed to serve the business. The building signage will be placed on the western and southern façades. The western façade sign which is located over the entrance door is proposed 40-inches by 60-inches (16 square feet). The sign on the southern façade which fronts the parking lot is proposed 40-inches by 228-inches (45 square feet). Ground signage will be limited to a maximum height of six (6) feet and a maximum sign area of seventy-two (72) square feet. Staff is supportive of the applicant’s request. The applicant is seeking to add pet grooming and boarding as an allowable use for the property. The applicant has indicated the pets will be allowed outdoors during hours which are typically non-intrusive to area residents. Staff does not feel the addition of this use as an allowable use for the property will adversely impact this area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 19, 2015) The applicant was present. There were no registered objectors present. Staff presented the item stating they were requesting a deferral of the item to the December 17, 2015 public hearing. There was no further discussion. The item was December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 7 placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: This item was deferred from the Commission’s November 19, 2015, public hearing to allow the applicant and nearby residents to review the proposed development plan and any sound proofing that could be placed within the building to limit the noise from the overnight and/or daytime pets. Staff will provide an update on the outcome of these conversations at the December 17, 2015, public hearing. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicants were present. There were registered objectors and supporters of the request. Staff presented the item with a recommendation of approval. The applicant’s Mandy Marshall and Justin Harris addressed the Commission on the merits of the request. Mr. Harris stated he lived in the area and was a pet owner. He stated currently this area of Little Rock was underserved with regard to pet daycare and boarding. He stated the nearest facilities were in Chenal and in Roland. He stated this was a central location for the business and would allow persons from the Heights, Hillcrest and downtown easy access to the facility. Ms. Marshall addressed the Commission stating the facility would be an upscale facility and similar to a hotel for pets. She stated in the lobby there would be a pet washing station for patrons to wash their pet after visiting the park. She stated the facility would have an overnight employee to assist the animals and to ensure all the pets were properly cared for. Ms. Stephanie Lopez addressed the Commission in support of the request. She stated she was President of the Riverside Neighborhood Association. She stated she was contacted by the applicant’s to discuss the project. She stated she had an e-mail listing of residents in the neighborhood which she contacted with the applicant’s proposal. She stated noise was a concern. She stated only two (2) residents initially indicated opposition to the request. She stated she met the developers on site and a sound test was preformed to show the amount of noise that would travel from the site. She stated after completion of the noise test she once again reached out to her neighbors and only one (1) had a concern. The other resident who had initially raised concerns withdrew her opposition. She stated the neighborhood was located adjacent to a commercial area. She stated the dumpster dumping and the railcar connecting generated a great deal of noise for the area. She stated the pets would be inside at night. She stated the neighborhood association was in support of the request. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 8 Ms. Hannah Driskill addressed the Commission in support. She stated she lived close to a facility which offered boarding to a minimum of 50 dogs. She stated the dogs would play during the day and would be tired at night. She stated she had three dogs and a new baby and felt guilty because she could not exercise her pets properly. She stated she felt this business would be convenient and would allow her pets to be stimulated during the day with proper exercise. Sammye Johnston addressed the Commission in support of the request. She stated the business was very much needed in the area. She stated the building was developed as a LEED building and had elements of sound proofing. She stated the kennels were located underground which further reduced the sound that would be generated from the dogs. Mr. John Eberle addressed the Commission in support of the request. He stated he lived in the Heights for the last 75 years and had seen a lot come and go in the area. He stated this business would not generate a great deal of traffic and would be a benefit to the area. He stated the principals cared about the business and the area and would ensure the project would not detract from the area. Mr. John Allen addressed the Commission on behalf of the applicant’s. He stated he was the building owner and had put a great deal into the renovations of the building. He stated the building qualified for LEED certification at a platinum level. He stated the building was divided into three (3) sections. He stated the building was constructed of concrete block with drywall on the interior. He stated the windows in the building were double pane windows. He stated the area for the dogs would be below grade reducing the amount of sound that would travel. He stated the dumpster dumping and the food truck idling accessing the commercial facilities in the area generated a great deal of noise. He stated there was traffic in the area until the restaurants closed at 10 pm. Mr. Roger Clark addressed the Commission in opposition of the request. He provided the Commission with a petition of residents in opposition of the request. He stated Ms. Lopez did not represent the entire neighborhood. He stated his home was located within 200-feet of the site. He stated the only separation was the road right of way for Rebsamen Park. He stated he had lived in the neighborhood for a number of years. He stated this area had seen a number of changes. He stated the residents accepted the noise from the businesses and the nearby railroad track. He stated his home was built in the 1940’s. He stated he had a dog and over the years he had taken a number of rescues. He stated it took a week or so for the animals to get use to the traffic noise, the dumping of dumpsters and the connecting of the railcars. He stated his concern was 88 dogs 125 feet from his bedroom window. He stated he felt even if he could not hear the dogs barking his dog would and the neighbor’s dogs would and this would set off a chain reaction of barking. He questioned if the facility were located next door to a Commission members home would they vote to support the rezoning request. December 17, 2015 ITEM NO.: G (Cont.) FILE NO.: Z-9006-A 9 The applicant’s stated they had allowed the item to be deferred from the November 19, 2015 public hearing to this date to allow additional time to meet with the residents of the neighborhood and address their concerns. Ms. Marshall stated out of a list of 30 residents there were only two (2) initially with concerns and now only one (1) with concerns. She stated there was a letter of support from the association. She stated she felt the opposition provided in the petition had been presented a biased view of the proposed project. There was a general discussion by the Commission concerning the request. The Commission questioned the level of sound the noise that would be generated. The Commission asked if there had been a formal sound study performed on the building. Ms. Marshall stated there was not a formal sound test performed. Commissioner Bubbus stated with his restaurants he had completed sound tests and in some cases added additional elements in the building to reduce the noise level outdoors. Deputy City Attorney Shawn Overton stated the City had a noise ordinance and a barking dog ordinance. He stated if the noise or barking became a problem then the City could sight the business. A motion was made to approve the request as recommended by staff. The motion carried by a vote of 10 ayes, 1 no and 0 absent. December 17, 2015 ITEM NO.: 1 FILE NO.: Z-9096 Owner: Johnny L. Harden Applicant: Tim Daters, White-Daters and Associates Location: 3800 Woodland Heights Road Area: 0.4171 Acres Request: Rezone from R-2 and O-3 Purpose: Future office use Existing Use: Single family residential SURROUNDING LAND USE AND ZONING North – Easter Seals Arkansas development; zoned O-3 South – Easter Seals Arkansas development; zoned O-3 East – Office development (across Woodland Heights Road); zoned O-3 West – Easter Seals Arkansas development and single family residences; zoned O-3 and R-2 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Pleasant Forest, Pleasant Valley and Walton Heights-Candlewood Neighborhood Associations were notified of the public hearing. December 17, 2015 ITEM NO.: 1 (Cont.) FILE NO.: Z-9096 2 D. LAND USE ELEMENT: This request is located in the River Mountain Planning District. The Land Use Plan shows Office (O) for this property. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from R-2 (Single Family District) to O-3 (General Office District) to allow for a future office on the site. Master Street Plan: Woodland Heights Road is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Johnny L. Harden, owner of the 0.4171 acre property at 3800 Woodland Heights Road, is requesting to rezone the property from “R-2” Single Family District to “O-3” General Office District. The rezoning is proposed to allow future office development. The property is occupied by a one-story brick and frame single family residence within the east half of the lot. A one-lot frame block and frame garage is located at the northwest corner of the property. A one-car wide concrete drive serves as access to the house. A separate drive at the northeast corner of the lot leads to the garage structure. Easter Seals Arkansas development is located north, south and west of the subject property. An office development is located across Woodland Heights Road to the east. Single family residences are located further west. A large church development is located further to the northeast. All abutting property is zoned O-3. The City’s Future Land Use Plan designates this property as Office (O). The requested rezoning to O-3 does not require a Land Use Plan Amendment. December 17, 2015 ITEM NO.: 1 (Cont.) FILE NO.: Z-9096 3 Staff is supportive of the requested O-3 rezoning. Staff views the request as reasonable. Staff feels that the proposed rezoning represents a continuation of the existing zoning pattern for this area. All of the abutting properties are zoned O-3. The Easter Seals Arkansas development wraps around the subject property to the north, south and west. Additionally, the City’s Future Land Use Plan designates this property as Office (O). Staff believes rezoning this property to O-3 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved. The vote was 10 ayes, 0 noes and 1 absent. December 17, 2015 ITEM NO.: 2 FILE NO.: G-23-438-A Name: Rose Street – Right-of-Way Abandonment Location: Between N. Lookout and Kenyon Streets Owner/Applicant: Elizabeth Hufford, Charles Puddephatt, III, and Josephine Parent Request: To abandon the undeveloped portion of the 44 foot wide Rose Street right-of-way located between N. Lookout Road and Kenyon Street (between 4301 and 4225 N. Lookout Road) (approximately 179.5 linear feet). Purpose: The abandonment is proposed to incorporate the area of abandonment into the three (3) adjacent lots for yard space. STAFF REVIEW: A. Public Need for this Right-of-Way: As noted in paragraph G., none of the public utility companies object to the abandonment request. Several of the utilities request to retain all or part of the area of abandonment as utility easement. The Public Works Comment is as follows: • Drainage easements should be maintained in the right-to-way to convey storm water from adjacent property. An access easement should be maintained in the right-of-way for access to the new constructed driveway on the east. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the right-of-way is not classified as collector street or higher. C. Characteristics of Right-of-Way Terrain: The area of abandonment is undeveloped and covered with trees and undergrowth. The south portion of the area of abandonment contains some landscape improvements made by an adjacent property owner. The area of abandonment has a severe slope downward from south to north, and serves as a drainage way for the immediate area. There is a driveway within the upper, December 17, 2015 ITEM NO.: 2 (Cont.) FILE NO.: G-23-438-A 2 south portion of the right-of-way which extends behind 4225 N. Lookout Street and provides access to the residence at 4221 N. Lookout Street. D. Development Potential: The abandonment of this portion of the Rose Street right-of-way is proposed in order to use the area as private yard space by the adjacent single family lot owners. E. Neighborhood and Land Use Effect: Single family residences are located on the adjacent properties to the east and west. Single family properties are also located to the south. Allsopp Park property is located across N. Lookout Road to the north. F. Neighborhood Position: All three (3) adjacent property owners have signed the petition to abandon. No other property owners are required to be notified of the abandonment request. Staff notified the Hillcrest Residents Association of the abandonment request. The owners of the property at 4221 N. Lookout submitted a letter supporting the abandonment request. G. Effect on Public Services or Utilities: Little Rock Wastewater: No objection to abandonment. Retain easement five (5) feet either side of existing sewer main located within right-of-way to be abandoned. Entergy: No objection to abandonment as long as Entergy retains any existing easement for its existing lines and is able to access them for future maintenance and service. Centerpoint Energy: No objection to abandonment. Retain as easement for existing facilities. AT&T: No objection to abandonment. Central Arkansas Water: No objection to abandonment. Retain area of abandonment as an easement for existing facilities. December 17, 2015 ITEM NO.: 2 (Cont.) FILE NO.: G-23-438-A 3 H. Reversionary Rights: According to an abstract company, there are no reversionary rights and ownership of the right-of-way will be split between the three (3) adjacent property owners. I. Public Welfare and Safety Issues: Abandoning this right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the undeveloped 44 foot wide Rose Street right-of-way located between N. Lookout road and Kenyon Street (between Lot 1, Block 14 and Lot 14 and a portion of Lot 15, Block 16, Hillcrest Addition), subject to the following conditions: 1. The entire area of abandonment must be retained as a utility and drainage easement. 2. An access easement must be retained within the south portion of the abandonment area for the existing access drive which serves 4221 N. Lookout. PLANNING COMMISSION ACTION: (DECEMBER 17, 2015) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved. The vote was 10 ayes, 0 noes and 1 absent. DATE PLANNING COMMISSION VOTE RECORD �� G . G' pmm�mw�- W�m ON No OMNI a V-11101 MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA HAM I LION, SCOTT LAHA, TROY - LATTURE, PAUL MAY, BILL B. - Meeting Adjourned O ( P.M. ! AYE G:° NAYE' ABSENT _ ABSTAIN �RECUSE c e U e L, L a w� � 9 MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA HAM I LION, SCOTT LAHA, TROY - LATTURE, PAUL MAY, BILL B. - Meeting Adjourned O ( P.M. ! AYE G:° NAYE' ABSENT _ ABSTAIN �RECUSE December 17, 2015 There being no further business before the Commission, the meeting was adjourned at 6:01 p.m. Date -t'� a e `etary Cffiiairman