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pc_12 12 2013 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD DECEMBER 12, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Tom Brock Alan Bubbus Keith Cox Janet Dillon Rebecca Finney Keith Fountain Obray Nunnley, Jr. Bill Rector Members Absent: J. T. Ferstl Amy Pierce One Open Position City Attorney: Cindy Dawson III. Approval of the Minutes of the October 31, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING DECEMBER 12, 2013 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8866 Chenal Car Wash – Conditional Use Permit 17000 Chenal Parkway II. NEW BUSINESS: Item Number: File Number: Title: 1. LU13-25-01 A Land Use Plan Amendment in the Port Planning District for an area west of Lindsey Road approximately 1,000 feet north of I-440 from Public Institutional to Light Industrial. 1.1 Z-8902 Rezoning from R-2 to I-2 West side of Lindsey Road, approximately 1,000 feet north of I-440 2. G-23-441 Alley – Right-of-Way Abandonment Block 38, Original City of Little Rock 3. Z-3371-XX Lot 3, The Village at Brodie Creek Automobile Dealership – Revised Conditional Use Permit Lot 3, The Village at Brodie Creek 4. Z-6483-B Little Rock Wastewater Utility Cantrell Road Sanitary Sewage Pumping Station – Conditional Use Permit 1901 Cantrell Road 5. Z-8898 34th and Longcoy Duplexes – Conditional Use Permit NW corner of West 34th and Longcoy Streets 6. Z-8899 Huff Manufactured Home Accessory Dwelling – Conditional Use Permit 12605 Matthew Drive Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 7. Z-8900 Walker Duplex – Conditional Use Permit 901 Abigail Street 8. Z-8901 Hughes Manufactured Home Accessory Dwelling – Conditional Use Permit 11725 Alexander Road 9. Z-8903 Huerta Multisectional Manufactured Homes (4) – Conditional Use Permit 19529 Vickie Lane 10. LU13-02 Western Land Use Plan Amendment, West of I-430, South of Kanis/Chenal Parkway to County Line change from RL, RM, R-4, O, NC, C, MX, MOC, MCI, PK/OS, PI to RL, RM, RH, SO, O, NC, C, MX, MOC, STD, PI. 11. MSP13-01 Master Street Plan Amendment – 6th Street (Bond to 9th Street Extension) from Minor Arterial to Collector. 12. LA-0057 Village at Colonel Glenn – Advanced Grading Variance Northeast corner of Lawson Road and David O Dodd Road 13. Proposed Amendments to Various Sections of Chapters 31 and 36 regarding multiple phased developments. December 12, 2013 ITEM NO.: A FILE NO.: Z-8866 NAME: Chenal Car Wash Conditional Use Permit LOCATION: 17000 Chenal Parkway OWNER/APPLICANT: Chenal Car Wash, LLC/White-Daters & Associates PROPOSAL: A conditional use permit is requested to allow for construction of a single-tunnel, automatic car wash on this undeveloped, C-3 zoned property. 1. SITE LOCATION: The property is located on the north side of Chenal Parkway, at the intersection of Chenal and West Kanis; one block west of Kirk Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is either primarily zoned for or currently developed as a variety of commercial uses. Areas of undeveloped C-3 or PCD zoned properties surround the site. A variety of commercial and office uses extend along Chenal Parkway. Other automobile related uses in the immediate area include an automobile repair shop on Kirk Road, a convenience store with gas pumps and a car wash at Kirk and Chenal and a gas station in front of the Kroger Store on Chenal. The property adjacent to the east is being developed as a small commercial center. The proposed use is compatible with uses and zoning in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, The Villages of Wellington Neighborhood Association and Chenal Properties. 3. ON SITE DRIVES AND PARKING: Access to the site is via a single driveway off of the private drive at the rear (north) of the site. The driveway was relocated to this site after staff opposed a driveway which was proposed off of the new private street. A driveway will circle through the order kiosk and automatic car wash facility. Seventeen parking spaces are indicated for up to twelve vacuum stations and employee parking. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s Landscape and Buffer Ordinance requirements. Berming is highly encouraged along the Parkway by both the City of Little Rock and the City Beautiful Commission. The zoning street buffer requires an average nineteen (19) foot wide street buffer along the Chenal property line and in no case to be less than half. This amount should remain after all right-of-way dedication. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the site’s entirety. A variance from the City Beautiful Commission is required prior to the issuance of a building permit. A small amount of building landscaping will be required. An automatic irrigation system will be required. 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: (Initial Review Comments) 1. Chenal Parkway is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Chenal Parkway including 5-foot sidewalks with planned development. Provide a left turn lane and intersection signal modifications. 3. 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. If grading is desired to occur prior to construction being imminent a variance to advance grade the property must be requested. 4. Storm water detention ordinance apples to this property. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 3 5. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 7. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area fifty (50) feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at all intersections. 8. Repair, replace, or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and install curb, gutter and sidewalk. All work within the public right- of-way shall conform to City of Little Rock Standard Details and ADA guidelines. 9. Provide five (5) foot wide sidewalks with handicapped ramps on both sides of the commercial access easement access Chenal Parkway. Sidewalks are required to be installed per City of Little Rock Standard Details PW-41 thru PW-47. 10. Private commercial streets (access easement off of Chenal Parkway) are required to be a minimum thirty-one (31) feet in width with sidewalk on both sides. 11. Show all proposed improvements to Chenal Parkway, eastbound left turn lane. The left turn lane should provide two hundred-fifty (250) feet of stack space and one hundred fifty (150) feet taper. Only a portion of the left turn lane is shown. 12. Intersections constructed on Chenal Parkway must meet the design requirements for intersections providing full access. Intersections must lien up with lanes on opposite approach. The driveway should be channelized per the Engineering Alignment of Rock Creek Parkway as part of the Master Street Plan. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 14. Due to the commercial private street accessing a signalized intersection. The most southernly drive aisle accessing the development to the east closest to Chenal Parkway should be removed. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 4 15. The proposed retaining wall on the west side of the private commercial (access easement) street must be moved to at least ten (10) feet from the back of curb. PUBLIC WORKS COMMENTS: (Comments on Revised Plan) 1. Provide a letter of approval for the site plan from Entergy prior to the item being heard by the Planning Commission. 2. As previously stated, a maximum of one access is allowed to Chenal Parkway per driveway and street spacing requirements for this property and the property directly to the east. 3. The proposed northern most intersection island should be redesigned to a minimum 225 SF. 4. Provide a sketch grading and drainage plan. Previous plans showed retaining walls. 5. The driveways on the proposed private commercial street do not meet the minimum driveway spacing standards. In accordance with Master Street Plan standards, commercial streets are to be constructed to collector street standards. Per Section 31-210(e)(2), on collector streets, driveway spacing shall be 250 feet. The code continues and states driveway spacing shall be measured centerline to centerline or centerline to right-of-way line of an intersecting collector street or street with a higher classification. The driveway location creates left turn conflicts which will cause vehicles to stack into the Chenal Parkway/Kanis Road intersection and block thru traffic. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements to serve Car Wash is not occupying the same property as existing sewer main. Entergy: Developer has been working with Entergy Transmission Group about encroachment on the transmission line easement. We do not approve this request until issue is resolved. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 5 Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connections(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. An additional Capital Investment Charge is applicable to all connections off the waterlines along Chenal Parkway at this location. 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. A 39-inch raw water line crosses this site within a fifty-foot wide waterline easement on North side of property. Care must be taken to protect these water lines and any appurtenances, such as access and air release vaults, or monumentation which may be in the area. No signs, light poles, dumpster pads or other structure on foundations will be allowed within the existing 50-foot waterline easement. Paved parking and driveways are allowed. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. 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 Department: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 6 CATA: Located outside of CATA service area. SUBDIVISION COMMITTEE COMMENT: (JUNE 6, 2013) Brian Dale of White-Daters and Associates was present representing the application. Staff presented the item and noted there were several unresolved issues. Staff noted the property needed to be final-platted prior to issuance of a building permit. Staff requested additional information on building design and signage. It was noted that signage, lighting and utilities must comply with the Chenal Design Overlay District Standards or the item would need to be resubmitted as a planned development. Staff asked if the facility would be staffed during hours of operation, if the driveways would be gated after hours and if the vacuums/site would be accessible after hours. Public Works comments were discussed. Staff stated there appeared to be a sight-distance issue with the location of the ground sign. Staff stated the access easement off of Chenal Parkway needed to be constructed to Commercial Street standards, including sidewalks. Staff described the required eastbound left turn lane requirements on Chenal Parkway, driveway and intersection requirements and the need to move a proposed retaining wall farther back from the back of curb. Utility and Landscape Comments were noted. Mr. Dale stated they were working with Entergy to resolve the Utility’s concerns about the proposed vacuum islands in the Entergy easement and the proximity of the building to the easement. Mr. Dale stated the item may need to be deferred, if the matter could not be resolved prior to June 12 response date. The Committee then forwarded the item to the full Commission. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Joe White of White-Daters was present representing the application. Staff presented the item and noted the plan had been revised to remove all structures from the Entergy easement. Public Works comments were discussed. The primary issue was a proposal by the applicant to have a driveway into the car wash site off of the proposed new private street. Staff stated no driveway would be allowed due to potential traffic conflicts. The applicant was advised to relocate the driveway to the private drive at the rear (north). Additionally, staff stated a statement from Entergy was needed that, at the least, indicated Entergy did not oppose the current plan. Public Works staff stated the Entergy statement was needed prior to Commission action. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 7 The Committee determined there were no other outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: On May 25, 2006, the Planning Commission approved a conditional use permit to allow for the construction of a car wash on this 1.06± acre tract. The development consisted of a single building containing two automatic car wash bays and one manual wash bay. Four vacuum islands were included. That approved plan was never developed. The concept has been changed and the applicant is requesting approval of a conditional use permit to allow for construction of a tunnel-type car wash building. The development includes a two-lane order kiosk, a single building containing the car wash tunnel and up to twelve vacuum stations. Access to the site will be via a single driveway off of a private drive located at the rear (north) of the site. A private street is proposed to be constructed to the east of this site, separating this 1± acre lot from the property to the east. A small commercial strip shopping center is proposed to be built on the lot to the east. The private street will tie into the Chenal-Kanis intersection. The car wash building is proposed to be constructed with a brick, split face block, glass and E.I.F.S. exterior. A standing seam metal roof is indicated on the proposed building elevation plan. The façade facing Chenal will be mostly glass. Signage will comply with the Chenal DOD standards which will allow a wall sign on the Chenal façade of the building and a single monument-style ground mounted sign. Lighting and Utilities will comply with the DOD standards. No fencing is proposed at this time. Gates could be added on the driveway if after- hour security issues ever arise. Hours of operation will range from 7:00 a.m. - 10:00 p.m., seven days a week. Two staff persons will typically be on-site during hours of operation. Dumpster screening will be split face block with metal gates. The dumpster location is not indicated but it must be placed behind the building (north side) and out of the Entergy easement. This item has been deferred several times as the applicant has been working through issues related to the 100 foot wide Entergy easement through the rear of the site. The currently proposed plan has removed all structures and equipment from that easement. Only the driveway and parking will be within the area of the easement. This is typical. Additionally, the applicant has been working with staff regarding placement of a driveway onto the site. The driveway is now being proposed at the rear (north) of the site, taking access off of the existing private driveway, as has been suggested by staff. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 8 There is currently no Bill of Assurance for this tract. Once the property is final- platted, a Bill of Assurance will be created. The use will be permitted. To staff’s knowledge, the only outstanding issue is receiving some acknowledgement from Entergy that the Utility does not object to the current plan. Otherwise, the use is appropriate for the site and all other issues have been addressed. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. A statement must be provided by Entergy prior to the Commission actions on this application indicating the Utility does not object to this current plan. STAFF REPORT: On June 12, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to solve some outstanding issues. Staff recommends deferral of the item to the August 8, 2013 Commission meeting. PLANNING COMMISSION ACTION: (JUNE 27, 2013) Staff informed the Commission that on June 12, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to solve some outstanding issues. Staff recommended deferral of the item to the August 8, 2013 Commission meeting. The item was placed on the Consent Agenda and deferred to the August 8, 2013 agenda with a vote of 8 ayes, 0 nays and 3 absent. STAFF UPDATE: On July 26, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to solve some outstanding issues. Staff recommends deferral of the item to the September 19, 2013 Commission meeting. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 9 PLANNING COMMISSION ACTION: (AUGUST 8, 2013) Staff recommended deferral of the item as noted above. There was no further discussion. The item was placed on the consent agenda and deferred to the September 19, 2013 agenda by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: On August 29, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to resolve some outstanding issues. He states they hope to reach an agreement by late September. Staff recommends deferral of the item to the October 31, 2013 Commission meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2013) Staff presented the item and a recommendation of deferral as noted above. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the October 31, 2013 meeting by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. STAFF UPDATE: On October 15, 2013, the applicant informed staff that a revised site plan was being prepared in response to the discussions with Entergy. The applicant requested a deferral to allow for completion and submission of the revised plan. Staff will support only one more deferral. The revised plans need to be submitted to staff by the next filing day (November 4, 2013) to allow for review prior to Subdivision Committee. Staff recommends deferral of the item to the December 12, 2013 agenda. PLANNING COMMISSION ACTION: (OCTOBER 31, 2013) The applicant was present. There were no objectors present. Staff recommended approval of the deferral request for one more deferral. Staff noted revised plans needed to be submitted to staff by November 4, 2013. There was no further discussion. The item was placed on the consent agenda and deferred to the December 12, 2013 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. December 12, 2013 ITEM NO.: A (Cont.) FILE NO.: Z-8866 10 PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that staff was requesting deferral of the item to the January 9, 2014 agenda. Staff informed the Commission that they had been working with the applicant and Entergy on the utility’s outstanding concerns and it was possible that this additional deferral would determine if those concerns could be addressed. There was no further discussion. The item was placed on the consent agenda and approved for deferral with a vote of 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 1 FILE NO.: LU13-25-01 Name: Land Use Plan Amendment – Port Planning District Location: West side of Lindsey Road approximately 1000’ north of I-440 Request: Public Institutional to Light Industrial Source: Tim Daters, White Daters PROPOSAL / REQUEST: Land Use Plan amendment in the Port Planning District from Public Institutional to Light Industrial. This category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. The specified use as listed on the application is for car and truck rental, leasing, sales and service. EXISTING LAND USE AND ZONING: The property is vacant and is currently zoned R-2 Single Family and is about 9 acres in size. To the north is land that is zoned I-1 Industrial Park and I-2 Light Industrial. That land is shown as PI Public Institutional for airport or related uses and Light Industrial. To the east and northeast are lands zoned R-2 single Family that is either vacant or has single family homes on them. The vacant land is shown as Light Industrial and the homes are shown as Residential Low Density. To the south is the Fourche Creek. The Fourche Creek is shown as PK/OS on the plan. Across the creek is a strip of land zoned C-3 General Commercial and more R-2. The C-3 land is shown as Commercial while further south is shown as Mining and Industrial. Across Fourche Creek and on the other side of Lindsey Road is a piece of land that is zoned PR Park and Recreation which is shown on the plan as PK/OS park open Space. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On March 18, 2003, a change was made on this site from Industrial to Public Institutional. This was part of a package of eighteen changes to make the Land Use Plan in conformance with the “East of I-30 Report”. Airport property was generally changed from Industrial to Public Institutional and Industrial changed to Light Industrial for the vicinity surrounding this application. December 12, 2013 ITEM NO.: 1 (Cont.) FILE NO.: LU13-25-01 2 MASTER STREET PLAN: Roosevelt Road and Lindsey Road at this property are shown as a Collectors on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. BICYCLE PLAN: Roosevelt Road and Lindsey Road at this property are shown as a Class 3 bike routes on the plan. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. PARKS: There is a public park across Lindsey Road from the site, Remmel Park which features a boat launch area, fishing and picnicking. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: The Airport Plan shows all of this area for airport or airport related industrial uses. This site is shown as Public Institution (PI) because of its proximity to the Little Rock National Airport. Some airport related industry is shown as PI, while others are shown as Light Industrial (LI). The proposed use would be one of the related uses to the airport. The proximity to the runways would preclude that this location would be suitable for those industrial uses whose locations are dependent on the relationship to the airport. With the Light Industrial immediately to the east and northeast, it is appropriate to recognize this site as one of the locations for airport related industrial uses and show this area as Light Industrial. The Land Use Plan shows non-residential use areas west and north of Fourche Creek for Light Industrial, i.e. the Land Use plan calls for Light Industrial or Public Institutional for everything north and west of Fourche Creek to Bond, as does the Airport plan. Since this site is not publicly owned, a change to Light Industrial would seem reasonable and logical. The height of any development is governed by the Adams Field Height Zoning Ordinance. December 12, 2013 ITEM NO.: 1 (Cont.) FILE NO.: LU13-25-01 3 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: East Roosevelt Neighborhood Association. Staff has received no comments from area residents or neighborhood associations. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The item was placed on the consent agenda for approval. By a vote of 8 for, 0 against, 2 absent and 1 vacant position the consent agenda was approved. December 12, 2013 ITEM NO.: 1.1 FILE NO.: Z-8902 Owner: Carco Properties Applicant: Tim Daters, White-Daters and Associates Location: West side of Lindsey Road, approximately 1,000 feet north of Interstate 440 Area: 9.0435 Acres Request: Rezone from R-2 to I-2 Purpose: Car/truck leasing with sales and repair Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property and airport property; zoned R-2, I-1 and I-2 South – Fourche Creek and undeveloped property; zoned R-2 and C-3 East – Undeveloped property (across Lindsey Road); zoned R-2 West – Undeveloped property and airport property; zoned R-2, I-1 and I-2 A. PUBLIC WORKS COMMENTS: 1. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide drainage and access easement is required adjacent to the floodway boundary. B. PUBLIC TRANSPORTATION ELEMENT: CATA Bus Routes #12 (East Sixth Route) and #20 (College Station Route) run along E. Roosevelt Road. December 12, 2013 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8902 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the East Roosevelt Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Port Planning District. The Land Use Plan shows Public Institutional (PI) for this property. This category includes public and quasi- public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The applicant has applied for a re-zoning from R-2 (Single Family District) to I-2 (Light Industrial District). There is an accompanying application to change the Land Use Plan to Light Industrial on the agenda. Master Street Plan: Lindsey Road is a Collector Street 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: A Class II Bike Lanes are shown along Lindsey Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: Carco Properties, owner of the 9.0435 acre property located along the west side of Lindsey Road, approximately 1,000 feet north of Interstate 440, is requesting to rezone the property from “R-2” Single Family District to “I-2” Light Industrial District. The rezoning is proposed for future development of an auto/truck leasing business with sales and repair. The property is currently undeveloped and mostly grass covered. Lindsey Road is located along the east property line, with Fourche Creek along the south property line. The property contains a minimal amount of slope. The high point of the property is located near the center of the site, with a slope of approximately 14 feet down to the creek (south) and five (5) feet down to the north property line. Undeveloped R-2 zoned property is located immediately north and east with airport property (runway) across E. Roosevelt Road. Undeveloped C-3 zoned December 12, 2013 ITEM NO.: 1.1 (Cont.) FILE NO.: Z-8902 3 property is located across Fourche Court to the south. Undeveloped R-2 zoned property is located across Lindsey Road to the east, with single family residences further east along E. Roosevelt Road. The City’s Future Land Use Plan designates this property as Public Institutional. An application to change this designation to Light Industrial is a separate item on this agenda. Staff is supportive of the requested zoning. Staff views the request as reasonable. The property was given a land use designation of Public Institutional as part of the overall airport area. The property across Lindsey Road to the east has a land use designation of Light Industrial, with Commercial to the south. The airport property across E. Roosevelt Road to the north is zoned I-1 and I-2. Staff believes the proposed I-2 zoning represents a continuation of the zoning and land use pattern in this area and will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 8 ayes, 0 nays, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 2 FILE NO.: G-23-441 Name: Alley – Right-of-Way Abandonment Location: Block 38, Original City of Little Rock (block bounded by East 3rd, Rock, East 4th and Cumberland Streets) Owner/Applicant: River Market South LLC, Grace Properties LLC, and Yellow Rock LLC/John Martin, Moses Tucker Real Estate Request: To abandon the south 161.26 feet of the 20 foot wide alley right-of-way located in Block 38, Original City of Little Rock. Purpose: Private driveway PROPOSAL: The applicant proposes to abandon the south 161.26 feet of the twenty (20) foot wide alley right-of-way located in Block 38, Original City of Little Rock. The block is bounded by East 3rd, Rock, East 4th and Cumberland Streets. The abandonment is requested to use the area as a private driveway for current and/or future adjacent use(s). 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. The utility companies request the area be retained as a utility easement. The Public Works Comment is as follows: 1. If storm water drainage infrastructure is present in alley or if alley serves as open drainage for adjacent properties, drainage easement are required to be maintained. 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 a Collector street or higher. December 12, 2013 ITEM NO.: 2 (Cont.) FILE NO.: G-23-441 2 C. Characteristics of Right-of-Way Terrain: The alley right-of-way is currently paved and used for access to the properties along its east and west sides. The north portion of the alley was previously abandoned. D. Development Potential: After abandonment, the applicant proposes to use the area of alley right-of-way as a private drive. E. Neighborhood and Land Use Effect: A paved parking lot is located along the east side of the alley right-of-way. A commercial, multi-tenant building (Rock Street Shops) is located along the west side of the alley. The Rock Street Lofts are located within the northeast quarter of the block, with paved, fenced parking for the Rock Street Lofts located within the northwest quarter of the block. The north portion of the alley which was previously abandoned is fenced and serves as an area of secure entrance for Rock Street Lofts. F. Neighborhood Position: The Downtown and MacArthur Park Neighborhood Associations were notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. Retain area as utility easement for existing main. Entergy: No objection to abandonment. Entergy will allow closure of this alley as long as Entergy retains an easement for those facilities currently contained in this alley. Entergy will also require twenty-four (24) hour access to its facilities in this alley for on-going maintenance, restoration and improvement purposes. Vehicular access may be required from time-to-time depending on the nature of the required work. If some type of barrier is used to limit vehicular access to this alley, then it should be removable so that Entergy’s employees may move it when emergency access is required. Please send the plan for any barricades for this alley so we can work out any access details before the alley is closed. Centerpoint Energy: No objection to abandonment. Retain area as utility easement for existing facilities. December 12, 2013 ITEM NO.: 2 (Cont.) FILE NO.: G-23-441 3 AT&T (SBC): No objection to abandonment. Retain area as utility easement for access to existing facilities. Water: No objection to abandonment. Retain area as an easement for existing main. H. Reversionary Rights: The alley right-of-way is located within the Original City of Little Rock. Information submitted by an abstract company notes that there were no reversionary clauses/rights found of record. Based on the fact that the alley right-of-way is within the Original City of Little Rock, the City will retain ownership of the area after abandonment. The applicant must follow the established procedure to purchase the property from the City after abandonment. The applicant has been provided a copy of the procedure. I. Public Welfare and Safety Issues: Abandoning this alley 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. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) John Martin was present, representing the application. Staff presented the application and described the proposed right-of-way abandonment. Mr. Martin also presented information on the request. Staff noted that a petition of abandonment signed by the property owner to the north was needed. Staff also noted that a letter from AT & T addressing the abandonment request was required. After a brief discussion, the Committee forwarded the abandonment request to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the south 161.26 feet of the 20 foot wide alley right-of-way located within Block 38, Original City of Little Rock, subject to the entire area of abandonment being retained as a utility and drainage easement. December 12, 2013 ITEM NO.: 2 (Cont.) FILE NO.: G-23-441 4 PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) Staff informed the Commission that the applicant submitted a letter requesting the application be withdrawn, without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 8 ayes, 0 nays, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 3 FILE NO.: Z-3371-XX NAME: Lot 3, The Village at Brodie Creek Automobile Dealership Revised Conditional Use Permit LOCATION: Lot 3, The Village at Brodie Creek OWNER/APPLICANT: Parker Automotive CGBRD1/White-Daters PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for an expansion of the area proposed for development of an automobile sales dealership from 3 acres to 3.5 acres. The property is zoned C-2. 1. SITE LOCATION: The site is located on the west side of Colonel Glenn Plaza Drive, approximately 600 feet north of Colonel Glenn Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the commercial node developed around the Colonel Glenn/I-430 Interchange. Automobile dealerships are the predominant use developing in the area. A new dealership is located across the street to the east. Several others are located across Colonel Glenn Road to the south and additional dealerships are planned for the area. The Baptist Nursing School property to the west has recently been rezoned to allow for redevelopment of the site for an automobile dealership. Allowing the proposed .5 acre expansion of this previously approved automobile sales business is clearly compatible with development in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The proposed development will have two driveways onto Colonel Glenn Plaza Drive. The site will contain 172 paved parking spaces that will be used for customer and employee parking and vehicle display. An additional 7 vehicle display pads are indicated to be scattered around the site, in the landscape areas. Those will only be permitted if they do not create non-compliance with the City’s Landscape Ordinance. The transport truck route has been indicated on the plan, entering one December 12, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-XX 2 driveway and exiting the other. No transport will be allowed to park on the street for loading unloading vehicles. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s Landscape and Buffer ordinance requirements. Areas set aside around the site appear to meet City’s minimal standards for green space allocation; however, currently, there are vehicle display areas shown within these required green space areas. Eight percent (8%) of the vehicular use area must be allocated for green space. This green space must also be evenly distributed throughout the site. Per the overall development this site (all sites in this subdivision development) must have interior islands that are three hundred (300) square feet in area. Vehicle displays are also being proposed in these interior islands; therefore, credit cannot be given towards meeting the City’s minimal requirement. A small amount of building landscaping will be required. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 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 properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. 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. 3. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. December 12, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-XX 3 4. Retaining walls designed to exceed fifteen (15) feet in height are required to seek a variance for construction. Provide proposed wall elevations. 5. If not already provided, 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. Storm water detention ordinance applies to this property. Show the location of the detention facility. 7. At the time of preliminary plat approval, the developer volunteered a financial contribution toward the installation of a signal at Colonel Glenn Road and Colonel Glenn Plaza Drive. 8. No offloading of vehicles is allowed within the public right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy has no objection to this plan/permit and will work with customer when service is requested and electrical line easements will be nailed down at that time. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. 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. December 12, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-XX 4 Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connections(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. 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 (10) 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 Department: Approved as submitted. Fire hydrants (per Code), maintain access. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Tim Daters was present representing the application. Staff presented the item and noted the changes from the 2012 approval. There were few outstanding issues to discuss. Mr. Daters confirmed that the project details would conform to the original conditional use permit approval. Staff specifically noted that the lot would need to be final-platted prior to submittal for a building permit. Staff also noted the vehicle display pads in the landscape areas would only be permitted if they do not create non-compliance with the City’s Landscape Ordinance. Public Works and Landscape comments were noted. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. December 12, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-XX 5 STAFF ANALYSIS: On November 29, 2012, the Commission approved a conditional use permit to allow for development of an automobile dealership on Lot 3, The Village at Brodie Creek; an unplatted, 3 acre, C-2 zoned tract. The owners are finalizing plans and have made some modifications which require a revision to the conditional use permit. The proposed site has been expanded from 3 acres to 3.5 acres. Building size has been finalized and expanded. Other than for the expansion of the site and increase in building size, no changes are proposed from the 2012 approval. The development will consist of a building with a 29,730 square foot footprint and a partial 2nd floor containing 13, 730 square feet and a 172 space parking/display lot. Portions of the building will be two stories in height but will not exceed the allowable building height allowed in C-2 of 45 feet. The exterior finish of the building will likely be metal and glass with stone, brick or stucco accents. The building will contain a showroom floor, office spaces and a service center. All types of auto service will be performed, other than paint and body work. Signage requested is that allowed in commercial zones. A variance is requested to allow wall signage on the south side of building which does not have direct street frontage but is visible from Colonel Glenn Road. Days and hours of operation are proposed as 7:00 a.m. to 7:00 p.m., 7 days a week. There were no outstanding issues raised at Subdivision Committee. The transport truck delivery route has been indicated on the plan. A 6-foot tall black wrought iron fence will enclose the portion of the site behind the service center. Proper dumpster enclosure has been shown. Storm water detention is indicated. There will be retaining walls but they will comply with ordinance standards and no variances are requested. The developer is willing to discuss with the City and other dealers the proposed cost sharing for the traffic signal at the Colonel Glenn/Colonel Glenn Plaza intersection. Typically, display is not permitted in the front 20 feet of the front setback/landscape buffer. The applicant has indicated a front landscape area of 18 feet, so the vehicle display intrudes 2 feet into the 20 foot front setback. Staff is supportive of the minor variance as long as the site is landscaped to fully comply with the Landscape Ordinance. The applicant is requesting a variance to allow wall signage on the south wall of the building which does not have direct street frontage but is visible from Colonel Glenn Road. The site has enough street frontage to allow two ground-mounted signs, but the applicant has indicated only one sign. Staff will support allowing the wall sign variance in lieu of having a second ground-mounted sign. To staff’s knowledge, there are no other issues. There is no Bill of Assurance for this unrecorded lot. December 12, 2013 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-XX 6 STAFF RECOMMENDATION: Staff recommends approval of the requested Revised Conditional Use Permit subject to compliance with the comments and conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be low-level and directional, aimed downward and into the site. 3. The vehicle display pads shown within the site in the landscape areas are permitted only if they do not create non-compliance with the City’s Landscape Ordinance. 4. All transport truck delivery and shipments must take place on the site. No transport shall be permitted to park on the street for loading and unloading of vehicles. 5. The lot must be final-platted prior to submittal for a building permit. Staff recommends approval of a variance to allow the vehicle display with an 18- foot front landscape/buffer area as shown subject to the site being landscaped to fully comply with the City’s Landscape Ordinance. Staff recommends approval of a variance to allow wall signage on the south wall of the building, up to a maximum of 10% of the wall area, subject to the site having only one ground-mounted sign, other than for allowable directional signs. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 4 FILE NO.: Z-6483-B NAME: Little Rock Wastewater Utility Cantrell Road Sanitary Sewage Pumping Station Conditional Use Permit LOCATION: 1901 Cantrell Road OWNER/APPLICANT: Little Rock Wastewater Utility/RJN Group PROPOSAL: A conditional use permit is requested to allow for upgrades to the existing sanitary sewage pumping station located on this 0.984 tract. 1. SITE LOCATION: The site is located on the south side of Cantrell Road, at the base of the bridge; generally southwest of Dillards and northwest of the Episcopal School. 2. COMPATIBILITY WITH NEIGHBORHOOD: The existing pumping station was constructed in 1967. Upgrades include a new building to replace the existing structure, an electrical building and an emergency generator system. No increase in the site area is proposed. Improvements will include screening and landscaping. The changes will improve the operations and appearance of the site. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown and Capitol View Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site currently has a single driveway and small parking area located on the east side of the building. That driveway and parking area will be improved. A second driveway will be installed on the west side of the site to provide access to the generator and electrical building. The second driveway has access only off of the small, one-way road located below the main Cantrell Road travel lanes. 4. SCREENING AND BUFFERS: The site is located in the designated “mature area” of the city which allows for some reduction in required landscaping. December 12, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-6483-B 2 Several large trees are indicated as being preserved. These trees need to be marked and protected prior to and throughout construction. Several additional trees are being proposed for planting on the perimeters of the site. 5. PUBLIC WORKS COMMENTS: 1. The driveways must comply with Little Rock detail PW-34. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy has no objection to plan and is already working with the customer on new service requirements. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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 (10) 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. December 12, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-6483-B 3 Fire Department: Approved as submitted. Fire hydrants (per Code), maintain access. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Thomas Harris of RJN Group was present representing the application. Staff presented the item and noted there were few issues to note. In response to a question, Mr. Harris stated signage would consist of a wall sign on the building and identification, informational signage on the gates. Mr. Harris stated the utility had reached out to neighboring businesses to inform them of the proposal. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The conditional use permit is for a 0.984 acre tract of land within the Worthen’s Subdivision with physical address of 1901 Cantrell Road, Little Rock, Arkansas. The current use of the property is for Little Rock Wastewater’s Cantrell Road Sanitary Sewage Pumping Station that was constructed in 1967. A System Evaluation and Capacity Assurance Plan (SECAP) update was competed in 2010 and identifies numerous upgrades to the existing facility including pumps, internal mechanical components, electrical, and structural improvements for this facility. The proposed use of the property as a sewage pumping station will remain the same. The upgrades and improvements require the existing above ground structure to be demolished and replaced with a new structure. The new structure will be constructed over the remaining existing underground structure, and be slightly larger and taller than the existing above ground structure. In addition, a new structure will be added to the west of the proposed structure to serve as an electrical building for the pumping station, and a fenced area that will accommodate an emergency generator system. The improvements will ensure reliable pumping of the sanitary sewage entering the station for the future. Improvements include, an upgraded odor control system that will continue to abate odors associated with sanitary sewage handling, drainage improvements to the site, and a structure with a façade December 12, 2013 ITEM NO.: 4 (Cont.) FILE NO.: Z-6483-B 4 designed to blend with the buildings occupying the Episcopal Collegiate School property. Even though the use of the property is not changing, a conditional use permit is required by City Ordinance since the existing structure is being demolished and a new facility constructed. The new building will be of brick construction, designed to complement the architecture of the nearby Episcopal School. The electrical building and generator will be enclosed within an architectural screening wall built of masonry and Harditrim boards to match. The overall site will be enclosed by a six foot tall vinyl-coated chain link security fence. Landscape upgrades will be planted. To Staff’s knowledge there are no outstanding issues. The 1869 Plat-Bill of Assurance for Worthen’s Subdivision does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 5 FILE NO.: Z-8898 NAME: 34th and Longcoy Duplexes Conditional Use Permit LOCATION: NW corner of W. 34th and Longcoy Streets OWNER/APPLICANT: Allen Trammell under contract to Stanley Phillips/Kwendeche, Architect PROPOSAL: A conditional use permit is requested to allow for construction of two duplex residential structures on these R-3 zoned lots (1 duplex per lot). 1. SITE LOCATION: The site is located at the northwest corner of W. 34th and Longcoy Streets, one block east of John Barrow Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is adjacent to a commercial area containing various C-1 and C-3 uses. A restaurant –catering business is adjacent to the west. The properties in the general residential area around the site contain a variety of residential homes; primarily older single family. New duplexes have recently been approved and constructed on properties approximately 1 ½ blocks to the northeast and northwest of the site. The proposed duplexes will result in a net gain of one residence since the applicant proposes to replat 3 lots into 2 with a duplex on each of the 2 lots. The proposed duplexes appear to 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 and the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Each duplex requires 3 parking spaces (1 ½ per unit). The applicant is proposing a single, shared driveway off of Longcoy Street. Three parking spaces will be placed on each lot, perpendicular to the driveway. There is also on-street parking available. 4. SCREENING AND BUFFERS: No Comments. December 12, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8898 2 5. PUBLIC WORKS COMMENTS: 1. 34th Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way twenty-five (25) feet from centerline will be required. 2. Longcoy Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way twenty-five (25) feet from centerline will be required. 3. A twenty (20) foot radial dedication of right-of-way is required at the intersection of 34th and Longcoy Street. 4. The proposed driveways cannot exceed twenty (20) feet in width. Consideration should be given to taken access off 34th Street within the alley. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy has no existing facilities on this property. Contact Entergy when service is required. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Approved as submitted. Fire hydrants (per Code), maintain access. County Planning: No Comments. December 12, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8898 3 CATA: CATA Route # 9 serves Barrow and 34th. Route # 14 serves Barrow and 36th. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Stanley Phillips and Kwendeche were present representing the application. Staff presented the item and noted there were few outstanding issues. Most of the discussion centered around redesigning the proposed parking. Staff suggested placing the parking at the rear of the site. The applicants responded that it would be difficult to do so due to site constraints. It was ultimately suggested to do a single, shared driveway on Longcoy with parking for the units off of the single driveway. Kwendeche stated he would make the changes. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The vacant, R-3 zoned property located at the northwest corner of 34th and Longcoy Streets consists of three lots; each measuring 47.79’ x 138’. The applicant proposes to recombine the lots into two lots measuring 69.6’ x 138’. A conditional use permit is requested to allow for the construction of a duplex structure on each of the two new lots (4 units total). The planned buildings are one-story, wood framed, vinylsiding with a gabled end asphalt shingled roof profile. Each unit will contain 3 bedrooms. Each unit will have a concrete patio at the rear with a covered, concrete porch on the front. Three parking spaces will be built on each lot, with access off of a shared driveway off of Longcoy Street. The placement of the buildings will meet or exceed the setback requirements of the R-3 district. To staff’s knowledge, there are no outstanding issues. Staff believes the proposed use is appropriate for the site as the uses transition from the commercial zoning along John Barrow Road into the neighborhood. The 1907 Plat-Bill of Assurance for John Barrow Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the following conditions: December 12, 2013 ITEM NO.: 5 (Cont.) FILE NO.: Z-8898 4 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. The driveway and parking spaces are to be paved with asphalt or concrete. 3. A shared access easement is to be created and recorded for the shared driveway off of Longcoy Street prior to issuance of a building permit. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 6 FILE NO.: Z-8899 NAME: Huff Manufactured Home Accessory Dwelling Conditional Use Permit LOCATION: 12605 Matthew Drive OWNER/APPLICANT: Melvin and Patricia Huff PROPOSAL: A conditional use permit is requested to allow for placement of a single-wide manufactured home on this R-2 zoned, 2.89 acre tract to serve as an accessory dwelling. 1. SITE LOCATION: The property is located east of Vimy Ridge Road, between Matthew Drive and Huff Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature and currently sparsely developed. Single family homes are located along Vimy Ridge. A new residential subdivision is in the early stages of development on the west side of Vimy Ridge. A very large area of Industrial zoned Entergy property is adjacent to the east. The proposed accessory dwelling is to be located near the middle of the applicants’ property, back off of Vimy Ridge. It is to be placed in generally the same location where an older mobile home was once located. The proposed use of a single-wide manufactured home as an accessory dwelling on this property does not appear to be incompatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLRUP, Quail Run and Alexander Road Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: Access to the site is via a driveway off of Matthew Drive which is a private street off of Vimy Ridge Road. The applicants plan on using the existing driveway and parking area for both the existing house and the proposed accessory dwelling. There is more than sufficient parking area to meet the ordinance requirement of one parking space for the existing house and one space for the accessory dwelling. December 12, 2013 ITEM NO.: 6 (Cont.) FILE NO.: Z-8899 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Vimy Ridge Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection from Entergy. Will provide service to mobile home when requested. Centerpoint Energy: Manufactured home is proposed to be located near or over the service line to the house. Contact Centerpoint prior to placement. AT&T (SBC): No comment received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Maintain access. County Planning: No Comments. December 12, 2013 ITEM NO.: 6 (Cont.) FILE NO.: Z-8899 3 CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Troy Laha was present representing the applicants. Staff presented the item and noted there was little additional information needed. The applicants were asked to indicate any new driveway or parking area and if porches and decks would be added to the structure. Public Works and Utility Comments were noted. It was noted that the proposed site plan indicated the required right-of-way dedication for Vimy Ridge Road. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 2.89 acre property located at 12605 Matthew Drive is currently occupied by a one story single family residence. An older single wide mobile home that had been on the property was removed several years ago. A conditional use permit is requested to allow for the placement of a 2013 model, 16’ x 80’, single-wide manufactured home on the property to serve as an accessory dwelling. The accessory dwelling will be occupied by the daughter of the parents who live in the existing home. The proposed new manufactured home will be placed in the general location previously occupied by the now- removed mobile home. The accessory dwelling will be located near the middle of the 2.89 acre tract, behind the homes that front onto Vimy Ridge Road. The home is not visible from the public street. Front and rear porch and deck will be added. To staff’s knowledge, there are no outstanding issues. There is no Bill of Assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. December 12, 2013 ITEM NO.: 6 (Cont.) FILE NO.: Z-8899 4 2. One of the dwelling units must always be occupied by the land owner (requirement in the R-2 District). 3. Compliance with the following siting criteria: a. removal of all transport elements b. permanent foundation c. underpinning with permanent materials d. tie-downs and anchors as recommended by the manufacturer PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 7 FILE NO.: Z-8900 NAME: Walker Duplex Conditional Use Permit LOCATION: 901 Abigail Street OWNER/APPLICANT: WLM, Inc./Curtis Walker PROPOSAL: A conditional use permit is requested to allow for the construction of a duplex residential structure on this R-3 zoned lot. 1. SITE LOCATION: The property is located on the southeast corner of Abigail Street and Maryland Avenue; three blocks west of Cedar Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in a neighborhood of mixed R-3 (Single-family) and R-4 (Two-family) zoning. The entire neighborhood was zoned R-4 until 1993. At that time, as the result of a neighborhood action plan study, many of the properties were rezoned to R-3. In cases where the property was occupied by a duplex or if the property owner desired that no change be made, the property was left as R-4. The area does contain a mixture of one and two family residential uses. Housing types vary in design and conditions. The proposed duplex is not out of character with uses and zoning in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Forest Hills Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Each duplex unit requires 1.5 parking spaces (3 total). The applicant is proposing to construct four parking spaces off of the alley at the rear of the property. The spaces are proposed as asphalt with a concrete walkway extending from the parking to the dwellings. 4. SCREENING AND BUFFERS: No Comments. December 12, 2013 ITEM NO.: 7 (Cont.) FILE NO.: Z-8900 2 5. PUBLIC WORKS COMMENTS: 1. No parking is allowed within public alleys. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy has a power line along the northern edge of the property and in the alley on the east side, but neither should impact the construction of the duplex. Contact Entergy when service is required. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Approved as submitted. Maintain access, Fire hydrants per code. County Planning: No Comments. CATA: The site is located three (3) blocks from CATA Bus Route # 3. # 5 Route serves UAMS, across I-630. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) The applicant, Curtis Walker, was present. Staff presented the item and noted there was little additional information needed. The applicant was asked to provide some more information on the proposed building construction; including exterior finish, materials, number of bedrooms and baths, etc… December 12, 2013 ITEM NO.: 7 (Cont.) FILE NO.: Z-8900 3 The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for the construction of a two-story, duplex residence on the vacant lot located at 901 Abigail Street. The structure will be built in townhouse style, with each unit being two stories. A single covered porch will provide access to two front doors. The first floor of each unit will contain a living room, utility/bathroom and kitchen/dining room. The second floor will contain two bedrooms and a bathroom. Each unit will contain 1,962 square feet. The exterior will be hardi-siding with a hip-style, shingled roof. Four asphalt-paved parking spaces will be located off of the alley at the rear of the site. A concrete walk will extend from the parking to the rear of the structure. The concrete walk will tie into a concrete walk that extends around either side of the structure and continues to Abigail Street at the front of the site. To staff’s knowledge, there are no outstanding issues. The proposed townhouse style duplex appears to represent a quality infill development for the neighborhood. The use is compatible with uses and zoning in the area. The 1892 Plat-Bill of Assurance for Jansen’s Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 8 FILE NO.: Z-8901 NAME: Hughes Manufactured Home Accessory Dwelling Conditional Use Permit LOCATION: 11725 Alexander Road OWNER/APPLICANT: James Rick Hughes and Gary Wayne Hughes/Gary Wayne Hughes PROPOSAL: A conditional use permit is requested to allow for the placement of a single-wide manufactured home on this R-2 zoned, 1.5 acre tract to serve as an accessory dwelling. 1. SITE LOCATION: The property is located on the south side of Alexander Road, approximately 1/3 mile east of Vimy Ridge Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a part of the City, that is still fairly rural in nature. Large areas of undeveloped, Industrial zoned properties are located around the site. Much of the industrial property is owned by Entergy. Portions of the Entergy property are developed with various utility facilities and service yards. The large area of industrial property to the north east is privately owned and is primarily pasture land. Two other single family homes on larger tracts are adjacent to the east. A little further east is a mobile home park containing some 40 single wide manufactured homes and mobile homes. Allowing the proposed single-wide manufactured home as an accessory dwelling does not appear to be incompatible with uses and development in the area Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLRUP and Alexander Road Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The existing single family residence and proposed accessory dwelling are required to have one, on-site parking space. There is paved parking for 4 vehicles at the front of the site. Additionally, a driveway extends to the rear of the site. This extended driveway will be used to provide access to parking for the accessory dwelling. December 12, 2013 ITEM NO.: 8 (Cont.) FILE NO.: Z-8901 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Alexander Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy has a power line running north and south on the western edge of the proposed mobile home location. The mobile home must not be installed underneath the power line – preferably at least ten (10) feet horizontally from the closest wire. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Approved as submitted. Maintain access. County Planning: No Comments. CATA: The site is not located on a CATA bus route. December 12, 2013 ITEM NO.: 8 (Cont.) FILE NO.: Z-8901 3 SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Gary and Maurice Hughes were present. Staff presented the item and noted little additional information was needed. In response to a question, the applicants stated a porch and deck would be added to the manufactured home and a parking pad would be constructed off of the driveway that extends into the rear yard of the property. Public Works comments were discussed. After the requirement was explained to them, the applicants agreed to dedicate the needed right-of-way for Alexander Road. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 1.5 acre tract located at 11725 Alexander Road is occupied by a one-story single-family residence and several out buildings (accessory buildings). The applicants are requesting approval of a conditional use permit to allow for placement of their single-wide manufactured home on the rear of the property to serve as an accessory dwelling. The applicants desire to live near to their elderly parents and a grandparent who occupy the existing home on the property. The proposed home will be located some 200 feet off of the street, near the west side of the property. An I-2 zoned Entergy facility is located on the property adjacent to the west. The proposed home is a 16’ x 80’, 2000 model with aluminum siding and a pitched, metal roof. Access will be off of a driveway that extends off of Alexander Road into the rear of the property. To staff’s knowledge, there are no outstanding issues. The applicants have agreed to dedicate right-of-way for Alexander Road. There is no Bill of Assurance for this acreage tract. The property is surrounded by Industrial-zoned properties and a 40± space mobile home park is located not far to the east. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. December 12, 2013 ITEM NO.: 8 (Cont.) FILE NO.: Z-8901 4 2. One of the dwelling units must always be occupied by the land owner (requirement in the R-2 District). 3. Compliance with the following siting criteria: a. removal of all transport elements b. permanent foundation c. underpinning with permanent materials d. tie-downs and anchors as recommended by the manufacturer PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 9 FILE NO.: Z-8903 NAME: Huerta Multisectional Manufactured Homes (4) Conditional Use Permit LOCATION: 19529 Vickie Lane OWNER/APPLICANT: Felipa Huerta/White-Daters & Associates PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on each of these four (4) lots. On November 14, 2013, the Commission approved a preliminary plat to create a four-lot subdivision (Huerta Addition, File No.: S-1716). 1. SITE LOCATION: The site is located outside the City Limits, near the western edge of the City’s planning jurisdiction. Access to the property is via Vickie Lane, off of Beauchamp Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The general area is rural in nature, containing large areas of wooded, undeveloped properties and a variety of residential homes on various sized properties. There appear to be as many single-wide and multisectional manufactured homes and mobile homes in the area as site- built homes. The nearby PD-C zoned property was zoned such to recognize a variety of commercial uses when the City’s zoning jurisdiction expanded in 2002. The proposed use appears to 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 and the SWLRUP Neighborhood Association. There is no City-registered neighborhood association in the area. 3. ON SITE DRIVES AND PARKING: A private drive off of Vickie Lane will provide access to the four lots. Each lot will have a driveway off of the private drive. Each dwelling is required to have one parking space. The plan shows driveways and parking more than sufficient to meet each lot’s requirement. December 12, 2013 ITEM NO.: 9 (Cont.) FILE NO.: Z-8903 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Comments from previous review of plat apply, see File No.: S-1716, Huerta Addition 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside Service Boundary, no comment. Entergy: Entergy does not object to the plat and will extend service to the individual homes as required. Easement discussions can occur at that time. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. Please submit plans for water facilities 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. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). December 12, 2013 ITEM NO.: 9 (Cont.) FILE NO.: Z-8903 3 A Capital Investment Charge based on the size of meter connections(s) will apply to this project in addition to normal charges. You should also be aware that water is available in this area due to water district improvement totaling $2 million; therefore the area has a surcharge of $45.00 per month added to each monthly water bill that goes toward retiring that debt. Fire Department: LRFD: Approved as submitted. Maintain access, Fire hydrants per Code. West Pulaski VFD: Place Fire hydrant at driveway to Lot 4 on Vickie Lane. County Planning: No Comments. CATA: Outside CATA service area. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Joe White was present representing the applicants. Staff presented the item. Staff commented that the lots would have to be final-platted in compliance with the approved preliminary plat prior to placement of any home on the site. Staff also requested that the applicant provide information on the proposed homes; including model year, exterior finish, roof pitch and materials. Mr. White was asked to indicate porches, decks and parking pads on the plan and to indicate if other elements (accessory buildings, fences, etc…) would comply with R-2 standards. Utility and Fire Department Comments were noted. Mr. White was directed to provide responses to staff by November 27, 2013. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: On November 14, 2013, the Commission approved a preliminary plat to subdivide this 8.53 acre tract into four (4) lots. The lots range in size from 1.05 acres to 4.3 acres. The lots will be served via a private access off of Vickie Lane (Huerta Addition Preliminary Plat, File No: S-1716). A conditional use permit is now being requested to allow for the placement of one multisectional manufactured home on each of the four lots. Each home is proposed as 28’ x 48’ in size with a deck and porch to be added to each. The homes will have a vinylsiding exterior. Each lot will have a driveway and parking area taking access off of the new private driveway off of Vickie Lane. December 12, 2013 ITEM NO.: 9 (Cont.) FILE NO.: Z-8903 4 All other elements of the R-2 zoning district (accessory buildings, fences, etc…) will apply. To staff’s knowledge, there are no outstanding issues. There is currently no Bill of Assurance for this acreage tract. The Bill of Assurance to be created for the Huerta Addition will not disallow the proposed multisectional manufactured homes. The proposed homes are not incompatible with uses in the area. Each lot must be final-platted prior to placement of the homes and all conditions of the preliminary plat must be complied with prior to final-platting. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. The lots must be final-platted prior to the placement of any home and all conditions of the approved plat for Huerta Addition (File No.: S-1716) must be complied with. 3. Placement of the homes must comply with the following siting criteria from Section 36-254 (d)(5) of the Code of Ordinances: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. December 12, 2013 ITEM NO.: 10 FILE NO.: LU13-02 Name: Western Area Land Use Plan Amendment Location: West of Interstate-430, south of Kanis Road/Chenal Parkway to the County Line Request: Various Source: Staff PROPOSAL / REQUEST: As part of the City’s efforts to keep the Future Land Use Plan current, Staff reviewed the Plan in the area west of Interstate 430, south of Kanis Road/Chenal Parkway to the County Line. The package has ten areas with changes, each area has from one to four changes: Area 1 is north of Interstate 30 and east of Alexander Road. There are two changes in this area. Change 01A is from Mixed Commercial Industrial to Public Institutional. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The second change (01B) is from Mixed Commercial Industrial to Commercial. 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. Area 2 is along and either side of Stagecoach Road, south of Otter Creek Road. There are four changes proposed in this area. Change 02A is from Mixed Commercial Industrial to Service Trades District. Service Trades District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. The second change (02B) is from Mixed Office Commercial to Public Institutional. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The third change (02C) is from Mixed Office Commercial to Commercial. 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 fourth change (02D) is from Commercial to Service Trades District. Service Trades District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 2 to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. Area 3 is along the east side for Stagecoach Road and south of Baseline Road. There are two changes within this area. Change 03A is from Public Institutional to Office. 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 second change (03B) is from Office to Mixed Use. Mixed Use provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. Area 4 is along the south side of Colonel Glenn Road and east of Pritchard Mill Road. There are two changes in this area. Change 04A is from Park/Open Space to Public Institutional. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The second change (04B) is from Park/Open Space to Residential Low Density. Residential Low Density provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Area 5 is from Interstate 430 to Lawson/David O Dodd area, either side of Colonel Glenn Road. There are three changes in this area. Change 05A is from Mixed Office Commercial to Commercial. 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 second change (05B) is from Commercial and Office to Service Trades District. Service Trades District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. Area 6 is either side of Bowman Road, north of 36th Street. There are two changes in this area. Change 06A is from Mixed Use to Public Institutional. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The second change (06B) is from Residential Medium Density to Residential High Density. This category accommodates residential development of more than twelve (12) dwelling units per acre. Area 7 is located at the southeast corner of Kanis Road and Shackleford Road. A change from Office to Commercial is requested. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 3 services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Area 8 is the area generally from Embassy Suites Drive to Bowman Road and Financial Centre Parkway to Kanis Road. There are two changes in this area. Change 08A is from Public Institutional and Commercial to Mixed Office Commercial. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The second change (08B) is from Neighborhood Commercial and Mixed Office Commercial to Commercial. 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. Area 9 is the area from Chenal Parkway to Kanis Road, west of Nix Road beyond Kirby Road. There are four changes in this area. Change 09A is from Residential High Density to Residential Low Density. Residential Low Density provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The second change (09B) is from Residential Low Density to Public Institutional. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The third change (09C) is from Residential Low Density to Residential Medium Density. Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The fourth change (09D) is from Office to Neighborhood Commercial. The neighborhood commercial category includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. Area 10 is an area west of Kanis Road, either side of Pride Valley Road to Worthen Drive. There are three changes in this area. Change 10A is from Public Institutional to Residential Low Density. Residential Low Density provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The second change (10B) is from Residential Medium Density to Suburban Office. The suburban office category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The third change (10C) is from Residential Low Density to Residential Medium Density. Residential Medium Density category December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 4 accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. ANALYSIS: The Planning and Development staff began reviewing this area in June 2013. The existing development pattern, as well as existing zoning and recent re-classification actions were reviewed. After field visits and staff discussions, letters were sent to all neighborhood associations in the area and other major property owners in the area asking for suggested changes in the area. Only a couple informational calls were received. Staff then developed a package of changes and affected property owners identified. All the affected property owners were contacted about the possibility of changing the Land Use Plan designation of their property in September 2013. Staff received numerous phone calls and email responses to that letter notifying them of the proposed changes. Most contacts were informational only. There were several written and verbal comments in support of the change in ‘their’ respective area. In addition there was one written request not to make the suggested change for their property (NW corner of Bowman and Colonel Glenn Roads). The final package of changes was developed and property owners together with neighborhood associations were contacted in early November about the public hearing to consider the changes. Staff believes this package of changes is a ‘clean-up’ to more accurately reflect the current and likely future development pattern in the area of the changes. This resulting ‘package’ of changes should create a more accurate Future Land Use Plan that all can use, whether public or private. Area 1 is along the north side of Interstate 30, west of Crooked Creek. It is the site of the southwest Little Rock campus of Pulaski Technical College and several commercial businesses, zoned primarily C-4, Open Display Commercial. To the northwest is R-7 (Mobile Home Park) zoning with a large mobile home park. To the northeast are R-2 (Single Family) and OS (Open space) zoning and the floodway of Fourche Creek. To the south is C-4 (Open Display) and R-2 (Single Family) with various commercial uses including a dirt auto race oval. Change ‘A’ is to recognize the college campus with a Public Institutional designation. Change ‘B’ is to recognize the existing commercial zoning and uses – motel, party rental, and stone yard – storage and sales. Area 2 is either side of Stagecoach Road from Fourche Creek to Otter Creek Road. To the west is PR (Park) zoning for Otter Creek Park and MF-18 (Multifamily 18 units per acre) with an apartment complex. To the south and east is R-2 (Single Family) zoning and the floodway of Fourche and Otter Creeks. To the north and northeast are C-2 (Community Shopping) and C-3 (General Commercial) zoned areas with various retail uses. Change area ‘A’ is zoned PCD (Planned Commercial District) with an office December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 5 warehouse showroom type of development. (This is consistent with the Service Trades District proposed for this area.) Change area ‘B’ is zoned R-2 (Single Family) with conditional use permits for two different churches. (This is consistent with the Public Institutional District proposed for this area). Change area ‘C’ is zoned R-2 (Single Family) and has several homes on it. (There are commercial uses to the north and west and with the types of uses in place, the likely future use of this area is commercial in nature.) Change area ‘D’ is zoned PCD (Planned Commercial District) and PDC (Planned District Commercial) for two mini-warehouse developments R-2 (Single Family) for a salvage yard and C-2 (Community Shopping) currently undeveloped. Based on the existing uses and zoning pattern the most likely future development pattern of this area is Service Trades District. Area 3 is two areas along the east side of Stagecoach from between Baseline Road and Chateaus Lane. To the south and east is R-2 (Single Family) zoned land that is the floodway/floodplain of Fourche Creek and Callagahan Creek. To the north is C-3 (General Commercial) zoned land and is mostly vacant with a Dollar General Store on a portion of the land. To the west across Stagecoach Road are various zoning classifications. There are MF-12 (Multifamily 12 units per acre) zoned areas one with apartments and another area undeveloped. There are several PCD (Planned Commercial District) and POD (Planned Office District) both developed and undeveloped. Between the two areas along the east side of Stagecoach Road is vacant O-1 (Quiet Office) and R-2 (Single Family) zoned land with conditional Use permits for churches. Change area ‘A’ is partial zoned O-3 (General Office) with a doctors clinic and partial R-2 (Single Family) and undeveloped. (Office rather than Public Institutional use would be more appropriate based on the zoning and land use patterns. The church is to the north of this site.) Change area ‘B’ is zoned R-2 (Single Family) and PCD (Planned Commercial District). There is a restaurant on a portion of the area and homes on other portions. The Mixed Use classification more accurately represents the existing pattern and likely future pattern of development for this area. Area 4 is southeast of the Colonel Glenn Road intersection with Pritchard Mill Road. This area is outside the city limits but with the Little Rock zoning and planning areas. To the north, south, and east is all zoned R-2 (Single Family), with homes on large tracts and undeveloped land. To the west is C-3 (General Commercial) zoned land, this land is currently vacant or used residentially. Change area ‘A’ is zoned R-2 (Single Family) and owned by Pulaski County Special School District. It is used as a support or satellite facility for the district. The former recreational use no longer exists, thus Public Institutional is more appropriate for this site. Change area ‘B’ is zoned R-2 (Single Family) and has single family homes on large lots. It was never part of the recreational use area. Residential Low Density accurately represents the current and likely mid-term use of this land. Area 5 is west of the Interstate 430 interchange with Colonel Glenn Road and continues west to the Church Road/Lawson Road intersection. To the south and east area December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 6 various commercial zoning districts with several auto dealerships, a movie theater, and other commercial uses. To the northeast is vacant C-2 (Community Shopping) zoned land. To the north and west is R-2 (Single Family) zoned land. There is a mobile home park on a portion of this however much is vacant with a few single family homes located on this land. Change area ‘A’ is zoned C-2 (Community Shopping) and is mostly vacant with a car dealership and fast food restaurant located on a portion of the land. Additional car dealerships have submitted plans for portions of the remaining undeveloped land. Based on this development pattern Commercial rather than Mixed Office Commercial would more accurately portray how this area is developing. Change area ‘B’ is between Colonel Glenn and Lawson Roads, east of Church Road. The area is mostly zoned R-2 (Single Family) with PCD and PDC (Planned Commercial District and Planned District Commercial). There is a construction company with their materials storage, a dollar store, auto repair and several current or former home sites within the area. The general area is developing with either car dealerships or office-warehouse types of developments. The Service Trades District is a more likely use pattern for this area in the future and would provide some transition from the larger parking lot uses (dealerships) to single family homes to the west. Area 6 is west of Interstate 430 and north of 36th Street. The surrounding areas are mostly zoned R-2 (Single Family). To the northeast is a single family subdivision, while to the northwest and west the land is mostly vacant with one or two homes. To the south are large tract homes that have been in place since prior to annexation of the area. There is a scattering of office zoning (O-2, Office and Institutional and O-3, General Office) but the structures are residential in nature with one or two converted for office use. Change area ‘A’ is zoned POD (Planned Office District) and is a large church. The church is likely to remain for the mid-term making Public Institutional use more appropriate. Change area ‘B’ is zoned PRD (Planned Residential District) and is being developed into a large apartment complex. This development pattern is more accurately shown as Residential High Density. Area 7 is the southeast corner of Kanis and Shackleford Roads. To the north, west and south is zoned office (O-3 General Office to the north and east, with O-2 Office and Institutional to the south). To the north is a large office building, while to the west is more rural residential land with single family homes and vacant land. To the south are hotels, small office uses and a hospital. To the west is mostly C-2 (Community Shopping) zoning with a PCD (Planned Commercial District and O-3 (General Office). There is a small commercial center, service station, clinics, auto dealership and office buildings in the area. The area of change is two PCDs (Planned Commercial District), with both having food related retail businesses. Commercial classification more accurately reflects how this area has developed and is zoned and likely to remain such for the mid-term. Area 8 is from the Bowman/Kanis Roads intersection area to the Financial Centre Parkway/Embassy Suites Drive intersection. The surrounding areas are zoned a mix of December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 7 various office and commercial districts with many forms of Planned Zoning Districts. Several retail centers, office building and complexes as well as a hotel and mini- warehouse developments can be found in this area. There is some yet to be developed lands in the southern portions of the surrounding area. Change area ‘A’ is zoned C-3 (General Commercial) with a hospital and retail center, O-3 (General Office) with an office building and clinics and PCD (Planned Commercial District) with a bank. This is either side of Autumn Road south of Chenal Parkway. Much of the surrounding area is shown Mixed Office Commercial and this appears to be a better representation of the current and likely future development pattern than does Public Institutional or Office. Change area ‘B’ is the southwest and southeast corners of the Bowman/Kanis Roads. The area is zoned C-1(Neighborhood Commercial) with a couple of smaller retail uses, C-3 (General Commercial) with a mortuary service and vacant land, and R-2 (Single Family) with a legally non-conforming liquor store. The Commercial classification provides a good representation of the use and zoning pattern as well as the likely future development pattern as it continues to redevelop. Area 9 is between Chenal Parkway and Kanis Road, west of Gamble Road to the west side of Kirby Road. To the north east is commercially zoned land (C-3, General Commercial, PCD, Planned Commercial District and O-3 General Office) with a car dealership, retail centers and small offices. To the north are several multifamily developments zoned R-5 (Urban Residential), MF-18 (Multifamily 18 units per acre) and PRD (Planned Residential District). To the west is R-2 (Single Family) zoned land, with a subdivision to the northwest and large tract residential to the southwest. To the south is mostly R-2 (Single Family) zoned land either vacant or with larger lot homes. Though there is a scattering of office zoning along Kanis Road (POD, Planned Office District; PDO, Planned District Office; and O-3, General Office). To the east is R-2 (Single Family) zoned land with a subdivision to the northeast and large tract and vacant land to the southeast. Change area ‘A’ is zoned R-2 (Single Family) and developed as a single family subdivision southwest of Shadow Lake Road and Nix Road. This area is likely to continue with this development pattern making Residential Low Density rather than Residential High Density appropriate. Change area ‘B’ is along the west side of Kirby Road south of Oak Meadow Drive. The land is zoned R-2 (Single Family) however there is a fire station, church and private property owners’ park on the land. All of these uses are consistent with the Public Institutional Use classification. Change area ‘C’ is along the west side of Kirby Road north of Kanis Road. The land is zoned PRD (Planned Residential District) and is developed as an apartment complex. This use is not likely to change in the mid-term making the Residential Medium Density classification a better representation. Change area ‘D’ is along both sides of Old Towne Road. Currently the land along the east side of the road is zoned C-1 (Neighborhood Commercial) with small businesses. The west side is zoned PCD (Planned Commercial District) and has a business center and small business located on the land. The current development pattern is not likely to change in the mid-term and with the scale of commercial development, the Neighborhood Commercial classification is the best representation of the use pattern. December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 8 Area 10 is along Pride Valley Road west of Kanis Road. To the east and west the land is zoned O-2 (Office and Institutional) with a large office complex to the west and mostly vacant land to the east. To the north are PCD (Planned Commercial District) zoned tracts, some vacant and some developed with commercial uses. To the south is R-2 (Single Family) zoned land largely undeveloped with a few homes and a school to the southeast. Change area ‘A’ is at the southwest corner of Pride Valley and Kanis Roads zoned R-2 (Single Family) and is developed as a single family subdivision. Residential Low Density is the best representation of the current and likely future development pattern of this land. Change area ‘B’ is zoned PCD (Planned Commercial Development) and is partially developed as a mini-warehouse development with small office buildings along Pride Valley. An expansion of the Suburban Office use reflects this office development type. Change area ‘C’ is currently zoned R-2 (Single Family) and is developed with large lot single family homes. Residential Medium Density would be a good transition from the office and commercial uses north of Pride Valley Road to the single family uses to the south of Pride Valley Road. In response to the second notice mailed November 8, 2013, Staff received an informational phone call, an email of support from an owner in Area 5B and emails requesting removal of Areas 6A and 6B from the package of changes. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Bentley Court POA, Birchwood, Capital Lakes Estates, Crystal Valley POA, Gibraltar/Pt. West/Timber Ridge, John Barrow, Otter Creek Homeowners, Otter Creek Merchants, Parkway Place POA, Plantation Acres, Sandpiper, Spring Valley Manor POA, SW Little Rock UP, Wedgewood Creek POA, Westfield Home Owners, and Woodlands Edge Community. Letters were sent to approximately 160 property owners in the area. Staff has received several informational calls from area residents as a result of the initial mailing in September. These were mostly informational. There was a request to not proceed in one area, which staff is honoring. The second mailing on November 8 was sent to approximately 160 property owners and the same neighborhood associations to notify them of the public hearing. Staff received a few phone informational calls and three emails (one in support and two requesting removal). STAFF RECOMMENDATIONS: This package of amendments is designed to make the Future Land Use Plan more representative of current and likely mid-term future uses for this area. Since the property owners of the land included in change Areas 6A and 6B have requested that their ownership not be changed at this time. Staff recommends the removal of these areas from the package. Staff recommends the approval of the amended package of changes. December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 9 PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) Walter Malone, Planning Staff reviewed the package of Land Use Plan change areas. Mr. Aaron Glazier, spoke about the changes in Area 10. He lives in the area shown as ‘A’ and agrees with the proposed change for that area. He also agrees with the change proposed for the ‘B’ area but is opposed to the change in the ‘C’ area. He believes that the area should not have an increase in density. Mr. Glazier and a neighbor circulated a petition against the change in Area ‘C’. All those available to sign, agreed that the densification should not be made. (A copy of the petition against the change to Area 10C was presented to the Commission.) There was a discussion about the ‘A’ area with Chairmen Rector and and how the area could have been developed with a different designation. Chairman Rector reviewed zoning versus Land Use with Mr. Glazier and what the potential uses with a Medium Density designation might be. Mr. Rector noted that the land in area ‘C’ is zoned single-family and a rezoning would have to occur for anything other than single family to be built on that land. There was discussion about voting on the ‘package’ and pulling the area 10C out separately. Tony Bozynski, Director Planning and Development, indicated that in cases like this the sub-area in question had been voted on separately. Ruth Bell, League of Women Voters, stated that today’s discussion reconfirmed that more publicity is better to help everyone understand. She recommended pulling area 10C out for a separate vote. There was further discussion about area ‘10C’: it is zoned single-family and a rezoning would have to occur for more than a single family house to be allowed on the land. The likely rezoning of this land would be a Planned Zoning District rather than MF6 or MF12, if it is developed at the Medium Density level. Commissioner Nunnley indicated he agreed there would be enough ‘safe guards’ in place if the area was shown for Residential Medium Density. Several Commissioners expressed a desire to allow time for Staff and the neighborhood to meet to discuss the issues. A motion was made to defer LU13-02-10C to January 30, 2014 (Fountain, Finney). By a vote of 7 for, 1 against, 2 absent and one open position the motion was approved. Commissioner Nunnley asked about the change to Commercial along Stagecoach Road with a change next to it for Public Institutional (LU13-02-02B and LU13-02-02C). Mr. Nunnley asked about a retail use selling alcohol next to a church. There was some discussion about this. Commission Brock indicated the church was no longer functioning and the land was for sale. After some additional discussion a motion was made to remove LU13-02-02B –Mixed Office Commercial to Public Institutional from the package (Nunnley, Dillion). By a vote of 8 for, 0 against, 2 absent, 1 open position the December 12, 2013 ITEM NO.: 10 (Cont.) FILE NO.: LU13-02 10 motion to remove LU13-02-02B was approved. A motion was made to approve the package of changes as amended (Fountain, Dillion). By a vote of 8 for, 0 against, 2 absent, 1 open position the amended package of changes was approved. December 12, 2013 ITEM NO.: 11 FILE NO.: MSP13-01 Name: East 6th Street Master Street Plan Amendment Location: East 6th Street from Bond to 9th Street extension Request: Minor Arterial with modified design standards to Collector Source: Staff PROPOSAL / REQUEST: To amend the Master Street Plan changing the classification of East 6th Street from Bond to 9th Street from a Minor Arterial to a Collector. Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. ANALYSIS: Staff, during a case review, questioned the need for East 6th Street to continue to be designated a Minor Arterial. This was due to the recent completion of the 9th Street extension as a four-lane divided roadway. When this road was constructed it was added to the Master Street Plan as an Arterial. The through movement for areas to the east is now along the new road and on to the freeway and points west. The segment of East 6th Street no longer functions as the primary conduit from the east to the freeway and points west. This portion of East 6th Street, while a Minor Arterial on the Plan, has a reduced design standard of 70-foot right-of-way with four-lanes and additional at major intersections. A Collector design standard is 60-foot right-of-way with 36-feet of pavement for three lanes or two-lanes and parking. Currently 6th Street has a 60 foot-right-way with 30 feet of pavement from Bond to Fletcher and 36 feet of pavement from Fletcher to 9th Street. This segment of 6th Street is built with curb and gutter in place. The zoning along this section is primarily R-4, two-family residential (duplex) with a Land Use Plan designation of Residential Medium Density. There is a little I-2, Light Industrial zoning on the east and west ends south of 6th Street and two small areas of C-3 General Commercial Zoning. On the north side of 6th Street midway is a park with PR, Park zoning. In addition there is an elementary school at the east and on the north side of 6th Street and a Little Rock School District distribution facility adjacent to the park north of 6th Street. December 12, 2013 ITEM NO.: 11 (Cont.) FILE NO.: MSP13-01 2 The major east-west movement is no longer along 6th Street since the construction of the 9th Street extension. 6th Street functions as a connection to 9th Street and to Downtown to the west. This is more in the character of a Collector. With the Elementary school and local park along the north of 6th Street, it would be more desirable to not encourage large volumes of heavy traffic, including trucks, on this segment of 6th Street. The street should serve the neighborhood and as an access to the arterial system of roadways serving the city and region. NEIGHBORHOOD COMMENTS: Notices were sent to the East Little Rock Neighborhood Association. Letters were sent to approximately 22 property owners along this segment of 6th Street. Staff has received several informational calls from area property owners as a result of the mailing. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The item was placed on the consent agenda for approval. By a vote of 8 for, 0 against, 2 absent and 1 vacant position the consent agenda was approved. December 12, 2013 ITEM NO.: 12 FILE NO.: LA-0057 NAME: Village at Colonel Glenn Advanced Grading Variance LOCATION: Northeast corner of David O. Dodd Road and Lawson Road APPLICANT: Terraforma, LLC. APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 4.22 acres CURRENT ZONING: Planned Commercial Development (PCD) and O-3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 4.22 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 4.22 acres on the northeast corner of David O. Dodd Road and Lawson Road. Advanced grading is requested to occur on the subject property located on the northeast corner of David O. Dodd Road and Lawson Road intersection. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be hauled to this site from nearby construction sites in this area. B. EXISTING CONDITIONS: The 4.22 acre property is hilly with dense trees. The subject property is zoned Planning Commercial Development (PCD) and O-3. The subject property is located within the Little Rock city limits. East of the subject property is an undeveloped property zoned O-3. This property was recently approved for a car dealership. West of the subject property is developed properties zoned R-2 consisting of a cemetery and two (2) residential properties. Recently, one of the existing residential properties was approved for an office development. South of the subject property is David O. Dodd Road. South of David O. Dodd Road is undeveloped property zoned O-3. North of the subject properties are R-2 and O-3 zoned properties. The R-2 property is a convenience/grocery store property. The O-3 property is undeveloped and has recently been approved for a car dealership. December 12, 2013 ITEM NO.: 12 (Cont.) FILE NO.: LA-0057 2 C. NEIGHBORHOOD COMMENTS: Staff has 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 inquiries into the application. D. ENGINEERING COMMENTS: 1. 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. 2. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 3. 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. 4. 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. 5. Per Sec. 29-197(2), the grading shall be expeditiously 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. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft. where the subject property is adjacent to other properties including the cemetery. In no event shall these buffers be less than the width of the permanent buffers required for the development. A berm is proposed to be substituted adjacent to David O Dodd Road. The elevation of the top of berms is determined by the elevation required to obstruct visibility. A buffer or berm could be deleted adjacent to the north and east property provided a letter of recommendation is provided from the north and east property owner(s). December 12, 2013 ITEM NO.: 12 (Cont.) FILE NO.: LA-0057 3 7. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. 8. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 for the entire property showing access points, buffers, and berms. 9. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 10. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 11. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 12. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 13. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 14. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 15. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access to these buffer areas. 16. At the completion of the land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover established. 17. Provide the proposed destination of the fill material removed from this site. E. PLANNING STAFF COMMENTS: No comments December 12, 2013 ITEM NO.: 12 (Cont.) FILE NO.: LA-0057 4 F. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application. 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 clear and grade approximately 4.22 acres. Fill material will be hauled to the subject property from other developments proposed on David O. Dodd Rd, Colonel Glenn Road, Colonel Glenn Plaza Loop, and Lawson Road. Other properties in this area to the north, south, east, and west have recently been approved for development or going through the building permit process. A gravel construction entrances will be located off David O. Dodd Road. The applicant has agreed that grading will occur expeditiously and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of top soil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant has amended the application to provide 50 ft. undisturbed buffer measured from the south and west property lines. Buffers are not shown to be provided along the north and east property lines. The applicant representative stated the property owner to the north and east does not desire the buffers so grading can occur up to the property lines and reduce the transition slopes. Orange fencing will be installed along all undisturbed buffers to prevent entry. H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following condition: 1. 50 ft. undisturbed buffers should be maintained along the southern and western property lines. December 12, 2013 ITEM NO.: 12 (Cont.) FILE NO.: LA-0057 5 I. PLANNING COMMISSION ACTION: (December 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the staff recommendation above. There was not further discussion. The item was placed on the consent agenda and recommended by staff, including all staff comments and conditions. The item was approved by the Planning Commission by a vote of 8 ayes, 0 noes, 2 absent, and 1 open position. December 12, 2013 ITEM NO.: 13 TYPE OF ISSUE: Proposed amendments to various Sections of Chapter 31 (Subdivision) and Chapter 36 (Zoning) regarding multiple phased developments. STAFF ANALYSIS: The Planning and Development staff was asked to review the City’s current ordinance for possible revisions regarding conditional use permit time frames for implementation. The ordinance currently establishes a maximum of three (3) years from the date of approval for required permits to be obtained. Otherwise, the approval is considered void. In the instance of a multiple-phased development, obtaining permits for the first phase within the allotted time establishes the conditional use permit. There is no subsequent time frame for implementation of additional phases, unless specifically established by the Planning Commission. During the review of the current ordinance language, staff also reviewed the time frames for subdivision and zoning site plan review; both of which could involve a multiple-phased development. Any proposed language change in the conditional use permit section of the Code should also be considered for the subdivision and zoning site plan review sections. Additionally, multiple-phased developments could be approved through the planned development rezoning process. That process does have the requirement that a final plan be submitted within three (3) years of approval or the planned development is no longer valid and may be revoked. Other criteria for revocation of planned developments are in the Code as well. Staff does not believe any change should be made to the current planned development language related to time frames or phasing. Planned developments are actually a rezoning of the property which establishes uses and a development plan for the site. Planned developments are approved through action not only by the Planning Commission but also by review and approval of an ordinance at the Board level. Possible ordinance amendments to the current Code language related to conditional use permits, zoning site plan reviews and subdivision (multiple building) site plan reviews follow. December 12, 2013 ITEM NO.: 13 (Cont.) 2 Chapter 36, Section 36-108.(c) (conditional use permit conditions) currently reads as follows: (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the commission. Otherwise, the conditional use permit approval shall be considered void. A proposed amendment would be to keep that existing language but add additional language to read as follows: In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the Planning Commission in the same manner as established for the initial conditional use review. Chapter 36, Section 36-132.(d)(terms of approval of zoning site plan review) currently reads as follows: (d) Term of approval. Any applicant receiving approval of a site plan shall be limited to a maximum of thirty-six (36) months from the date of approval to obtain all required permits. Failure to perform will result in notice of termination from city staff. The notice shall set a time and place for revocation hearing by the Planning Commission at which time the owner may request continuance of his/her approval. A proposed amendment would be to replace that language with new language that would be consistent with the proposed change in the conditional use section and to read as follows: December 12, 2013 ITEM NO.: 13 (Cont.) 3 (d) Term of approval. Any applicant receiving approval of a site plan shall be limited to a maximum of three (3) years from the date of approval to obtain all required permits unless an extension of time is granted by the Planning Commission. Otherwise, the site plan approval shall be considered void. In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the Planning Commission in the time manner as established for the initial zoning site plan review. Chapter 31, Section 31-13.(f)(terms of approval of subdivision/multiple building site plan review) currently reads as follows: (f) Term of approval. Any applicant receiving approval of a site plan shall be limited to a maximum of thirty-six (36) months from the date of approval to obtain all required permits. Failure to perform will result in notice of termination from city staff. The notice shall set a time and place for a revocation hearing by the Planning Commission at which time the owner may request continuance for the approval. A proposed amendment would be to replace that language with new language that would be consistent with the proposed change in the conditional use section and to read as follows: (f) Term of approval. Any applicant receiving approval of a site plan shall be limited to a maximum of three (3) years from the date of approval to obtain all required permits unless an extension of time is granted by the Planning Commission. Otherwise, the site plan approval shall be considered void. December 12, 2013 ITEM NO.: 13 (Cont.) 4 In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the Planning Commission in the same manner as established for the initial subdivision site plan review. A memorandum outlining the proposed changes was sent to an Ordinance Amendment Contact list of forty-five (45) groups and individuals; including design professionals, realtors, developers and neighborhood coalitions. As of this writing, staff has received two verbal responses; both supportive of the proposed changes. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. O LU LLI 0 z 0 V5 CO 0 u Q_ CD Cy %IJ LU cz 4' ■ ■ 11! N�� iil�HM,, cz 4' B M I'S (3) cv LU U) C) LU i� .j co LU I3 w ■ ■ B M I'S (3) cv LU U) C) LU i� .j co LU I3 w December 12, 2013 There being no further business before the Commission, the meeting was adjourned at 4:39 p.m. Date