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pc_12 15 2011 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD DECEMBER 15, 2011 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 Janet Dillon J. T. Ferstl Keith Fountain Dan Harpool Troy Laha Amy Pierce Bill Rector Members Absent: William Changose Rebecca Finney Obray Nunnley, Jr. City Attorney: Cindy Dawson III. Approval of the Minutes of the November 3, 2011 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING DECEMBER 15, 2011 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8707 Rezoning from O-3 and R-3 to R-4 1110 S. Woodrow Street B. Repeal of Division 9 Article V. Zoning Ordinance “Central City Redevelopment Design Overlay District” II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-8725 Rezoning from R-2 to I-2 7603 Jamison Road 2. Z-8726 Rezoning from AF to R-7A SW corner of Stout Street and Cox Street (not constructed) 3. Z-3879-D Chicot Elementary Parking Expansion and Improvements – Conditional Use Permit 11100 Chicot Road 4. Z-4028-D Arkansas Baptist College/Kids First Developmentally Directed Day Care – Conditional Use Permit 1607 Dr. Martin Luther King, Jr. Blvd. 5. Z-5675-D Philander Smith College Campus Center Building – Conditional Use Permit 900 West Daisy L. Gatson Bates Drive 6. Z-6693-B 9401 Colonel Glenn Road Tire Shop – Conditional Use Permit 9401 Colonel Glenn Road Agenda, Page Two II. NEW BUSINESS: Item Number: File Number: Title: 7. Z-8400-A Dr. Emma Rhodes Private Park – Conditional Use Permit 1869 S. Summit Street 8. Z-8724 Dougan Landing Field – Conditional Use Permit 22 Isbell Lane 9. Z-8727 Reach Out and Touch Christian Church – Conditional Use Permit SW corner of Mabelvale Pike and West 49th Street 10. A-322 Fourche Creek Wastewater Treatment Facility Annexation 9500 Birdwood 11. LU11-02 Land Use Plan Amendments, North of I-630 from I-430 to Capitol Complex from Various Categories to Various 12. Granite Mountain Neighborhood Action Plan December 15, 2011 ITEM NO.: A FILE NO.: Z-8707 Owner: Little Rock Housing Authority Applicant: Colley Burrow, Fennell Purifoy Architects Location: 1110 S. Woodrow Street Area: 0.245 Acre Request: Rezone from O-3 and R-3 to R-4 Purpose: To construct new duplex Existing Use: Vacant lot SURROUNDING LAND USE AND ZONING North – Vacant lot and single family residences; zoned O-3, C-1 and R-3 South – Vacant commercial building and parking lot; zoned C-3 East – Commercial building and parking lot (across S. Woodrow Street); zoned I-2 and R-3 West – Single family residential structures; zoned R-3 A. PUBLIC WORKS COMMENTS: 1. Woodrow St. is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. Provide the centerline of the Woodrow St. right-of-way on the survey to determine if right-of-way is required to be dedicated. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #3 (Baptist Medical Center Route) runs along West 12th Street to the south. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the Pine to Woodrow, Stephens Area Faith, Capitol Hill and Central High Neighborhood Associations were notified of the public hearing. December 15, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8707 2 D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use (MX) for this property. Mixed Use allows 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. The applicant has applied for a rezoning from O-3 and R-3 to R-4, Two-Family to allow for the construction of a duplex. Master Street Plan: Woodrow is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exists should be limited to minimize negative effects of traffic and pedestrians on Woodrow since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Little Rock Housing Authority, owner of the 0.245 acre property located at 1110 S. Woodrow Street, is requesting to rezone the property from “O-3” General Office District and “R-3” Single Family District to “R-4” Two-Family District. The main portion of the property (0.23 acre) is currently zoned O-3, with a small “bump-out” at the southwest corner of the property being zoned R-3 (0.015 acre). The rezoning is proposed to allow construction of a new duplex structure. The property is currently undeveloped. A single family residential structure which existed on the site was recently removed. The general area at the intersection of S. Woodrow Street and West 12th Street contains a mixture of zoning and uses. There is a vacant commercial building located on the C-3 zoned property immediately to the south. A vacant lot and a single family structure are located to the north. Single family residences are located to the west (R-3 zoning). Nichols and Simpson Organ builders is located in the commercial building across S. Woodrow Street to the east (I-2 and R-3 zoning). A mixture of commercial uses is located at the intersection of S. Woodrow Street and West 12th Street. Several single family residences in this immediate area are vacant and boarded. December 15, 2011 ITEM NO.: A (Cont.) FILE NO.: Z-8707 3 The City’s Future Land Use Plan designates this property as Mixed Use (MX). The requested R-4 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The Future Land Use Plan designation of “MX” Mixed Use allows for a mixture of residential, office and commercial zonings and uses. The MX designation extends from Maryland Avenue to West 14th Street, along the west side of S. Woodrow Street. The Little Rock Housing Authority’s plan to construct a duplex on this property will be consistent with the overall future plan for this area. Staff believes the proposed R-4 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) Staff informed the Commission that the application needed to be deferred to the December 15, 2011 agenda, based on the fact the applicant failed to send the required notices to surrounding property owners. Staff supported the deferral. The application was placed on the Consent Agenda and deferred to the December 15, 2011 agenda with a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: B Name: Repeal Central City Redevelopment Design Overlay District Location: Portions of the area between Martin Luther King Drive to Commerce and 15th Street to Roosevelt Road Request: Repeal Design Overlay District Source: Downtown Neighborhood Association (DNA) and Pettaway Neighborhood Association STAFF REPORT: At the request of two neighborhood organizations for the affected area, the Central City Redevelopment Design Overlay District (DOD) is being repealed. This DOD was originally created after a natural disaster (tornado) at the request of representatives of the affected neighborhoods. The purpose was to try to assure that redevelopment or ‘infill’ development that might occur after the destruction in the neighborhood would be ‘compatible’ with the existing neighborhood. After several months in the summer of 1999 an ordinance was approved to enact the Central City Redevelopment DOD. The boundaries of this DOD are on either side of the Capitol Zoning District, with six (6) blocks at the northeast corner of the District and some thirty-two (32) blocks to the southwest. Since the adoption of the DOD the Capitol Zoning Commission has expanded the area they zone, removing half of the blocks from the southwestern portion of the DOD. Currently only just over half the area originally part of the DOD is still under its regulation. Redevelopment efforts are occurring in the area east of Broadway. The Downtown Little Rock Community Development Corporation (CDC) as well as a few private developers have constructed several single-family homes both attached and de-attached in the area. In the western portion of the DOD, a survey is on going to create the Dunbar national register historic district. The Central City Redevelopment DOD has served its purpose of guiding redevelopment after the tornado of January 1999. With the expansion of the Capitol Zoning District reducing the size of the DOD by about half and the on- going efforts of groups both east and west of the Governors Mansion area, the need to continue the DOD has been questioned. The Downtown Little Rock CDC/Pettaway Neighborhood Association has received a grant to do a plan for the neighborhood. From this work, they may wish to establish some different zoning regulations to guide the character of the area between the Governors Mansion area and Interstate 30. If this occurs it would be for a much larger area than the six (6) blocks currently under regulation via the DOD. December 15, 2011 ITEM NO.: B (Cont.) 2 The efforts on the Dunbar Historic District west of the Governors Mansion area may result in special design standards based on this work, rather than on just the sixteen (16) blocks occurring within the DOD. Both of these efforts will be attempting to set a character unique to that neighborhood or section of Little Rock. Repeal of the Central City Redevelopment DOD will allow each of these efforts to take full advantage for their new proposals within each respective area of influence. NEIGHBORHOOD COMMENTS: Letters were sent to the Downtown Neighborhood Association, Pettaway Neighborhood Association, Downtown Little Rock Community Development Corporation and Capitol Zoning District. The Downtown Neighborhood Association and the Pettaway Neighborhood Association are the applicants. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION ACTION: (NOVEMBER 3, 2011) At the request of the applicant this item was placed on consent agenda for deferral to allow time for further review on the removal of the western sub-area. The item was placed on the consent agenda for deferral to December 15, 2011. By a vote of 9 for and 0 against with 2 absent, the consent agenda was approved. STAFF UPDATE: Since the review for a potential Dunbar Historic District has just began and that process has several steps prior to any potential regulations, the Downtown Neighborhood Association would like to continue the Central City Design Overlay District for the blocks west of Capitol Zoning. Staff does not oppose this request to continue the Overlay for a smaller area. Therefore rather than a repeal of the Overlay, the proposal now would be to reduce the coverage of the Overlay to the area generally between Pulaski and Chester, Roosevelt Road and Bussey Avenue. December 15, 2011 ITEM NO.: B (Cont.) 3 PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The item was placed on consent agenda for approval as revised. The Design Overlay District will be removed from the areas east of the Governor’s Mansion area and those within the Governor’s Mansion District. By a vote of 8 for, 0 against and 3 absent the consent agenda was approved. December 15, 2011 ITEM NO.: 1 FILE NO.: Z-8725 Owner: Cheryl Armstead Criner Applicant: Broderick Armstead Location: 7603 Jamison Road Area: 4.07 Acres Request: Rezone from R-2 to I-2 Purpose: Auto sales Existing Use: Undeveloped property SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Undeveloped property; zoned R-2 and I-2 East – Undeveloped property; zoned R-2 West – Office – warehouse/light industrial uses (across Jamison Road); zoned I-2 A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifics that Jamison Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Provide existing topographic information at maximum five-foot contour interval. Show the limits of the 100-year floodway and floodplain on survey. 3. 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 access easement is required adjacent to the floodway boundary. 4. The minimum Finish Floor elevation of structures constructed on this property must be elevated to at least 258 ft. MSL. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located along a CATA bus route. Route #15 (65th Street Route) runs along Scott Hamilton Drive to the west. December 15, 2011 ITEM NO.: 1 (Cont.) FILE NO.: Z-8725 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs East Planning District. The Land Use Plan shows Industrial (I) for this property, with Park/Open Space (PK/OS) from the floodplain/floodway of the Fourche Bayou. Industrial allows for a wide variety of manufacturing, warehousing research and development, processing, and industry related office and service activities. The applicant has applied for a rezoning from R-2 to I-2, Light Industrial to allow for future development of the tract. Master Street Plan: Jamison Road is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non- residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class I Bike Path shown along Fourche Bayou. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or and easement is recommended. Ten to thirteen-foot paths are recommended. E. STAFF ANALYSIS: Cheryl Armstead Criner, owner of the 4.07 acre property located at 7603 Jamison Road, is requesting to rezone the property from “R-2” Single Family District to “I-2” Light Industrial District. The property is located along the east side of Jamison Road, between Interstate 30 and Stenger Road. The rezoning is proposed to allow development of a small auto sales business within the west portion of the property. The property is undeveloped and mostly tree covered, with varying degrees of slope. The property generally slopes downward from south to north and west to east. Part of the eastern portion of the property (approximately east ½) is located in the floodway. December 15, 2011 ITEM NO.: 1 (Cont.) FILE NO.: Z-8725 3 The adjacent properties to the north, south and east are undeveloped and zoned R-2. Undeveloped I-2 zoned property is located further south. There is a mixture of office – warehouse and light industrial uses to the west (across Jamison Road) and to the southwest. Light industrial uses are also located north along I-30. The City’s Future Land Use Plan designates this property as Industrial (west ½) and Park/Open Space (east ½) for the floodway area. The requested I-2 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested I-2 rezoning, subject to that portion of the property located within the floodway, being zoned “OS” Open Space. Staff views the request as reasonable. The Future Land Use Plan designates the west half of the property as Industrial, which is the portion the applicant plans to develop. Light Industrial development of this site will be consistent with the overall future plan for this area. The I-2 zoning will represent a continuation of the I-2 zoning pattern along Jamison Road. Staff believes the proposed I-2 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning, subject to that portion of the property located in the floodway being zoned OS. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 2 FILE NO.: Z-8726 Owner: Ceola Loving Applicant: Ceola Loving Location: Southwest corner of Stout Street and Cox Street (not constructed) Area: 0.19 Acre Request: Rezone from AF to R-7A Purpose: For placement of a single-wide manufactured home Existing Use: Undeveloped lot SURROUNDING LAND USE AND ZONING North – Single-family residence; zoned AF South – Undeveloped property; zoned AF East – Undeveloped property and old accessory buildings (across Stout Street); zoned AF West – Undeveloped property; zoned AF A. PUBLIC WORKS COMMENTS: 1. Extend 10 foot wide pavement of Stout Street to proposed south driveway. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located along a CATA bus route. Route #20 (College Station Route) runs along Frazier Pike to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the College Station and Apple Blossom Neighborhood Associations were notified of the public hearing. December 15, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-8726 2 D. LAND USE ELEMENT: This request is located in the College Station/Sweet Home Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from AF to R-7A, Manufactured Home District to allow for the placement of a manufactured home on a single lot. Master Street Plan: Stout and Cox Streets are Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is no bicycle facility shown adjacent to the application. E. UTILITIES AND FIRE DEPARTMENT COMMENTS: Wastewater: Sewer main extension required with easements for this project. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Approved as submitted. December 15, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-8726 3 F. STAFF ANALYSIS: Ceola Loving, owner of the 0.19 acre lot located at the southwest corner of Stout Street and Cox Street (not constructed), is requesting to rezone the property from “AF” Agriculture and Forestry District to “R-7A” Manufactured Home District. The property is located on the west side of Stout Street, south of Frazier Pike. The rezoning is being proposed to allow the placement of one (1) single-wide manufactured home on the lot. The applicant is proposing to place a 14 foot by 50 foot single-wide manufactured home within the north half of the lot, as noted on the attached site plan. A 25 foot by 30 foot garage building and a 10 foot by 10 foot storage building are proposed within the south half of the lot. All buildings meet ordinance setback requirements. The property will be fenced with four (4) foot high chain-link fencing. Following are the minimum siting requirements for manufactured homes in the R-7A zoning district. a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. The property is currently undeveloped and mostly grass covered. Some site work has taken place in preparation for a new single family home. The property is at a slightly higher elevation than the Stout Street roadway. Undeveloped property, zoned AF, is located to the east, west and south. Single family homes are located to the north along Stout Street. Single family residences are also located further east and northeast. The City’s Future Land Use Plan designates this property as Residential Low Density. The requested R-7A zoning does not require a change to the Land Use Plan. Staff is supportive of the requested R-7A rezoning. Staff views the request as reasonable. The requested R-7A zoning is a single-family zoning which allows one (1) single-wide manufactured home on the lot, as per the proposed site plan. December 15, 2011 ITEM NO.: 2 (Cont.) FILE NO.: Z-8726 4 There are other manufactured homes located within the College Station area, with several lots to the west of this lot being zoned R-7A. The proposed single- wide manufactured home for this property will not be out of character with the overall area. The proposal is also consistent with the future plan for this area. Staff believes the proposed R-7A zoning will have no adverse impact on the adjacent properties or the general area. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning, subject to compliance with the following conditions: 1. Compliance with the R-7A siting requirements for manufactured homes as noted in paragraph F. of the staff report. 2. Compliance with the Public Works requirement as noted in paragraph A. of the staff report. 3. Compliance with the utility requirements as noted in paragraph E. of the staff report. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicants were present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 3 FILE NO.: Z-3879-D NAME: Chicot Elementary Parking Expansion and Improvements – Conditional Use Permit LOCATION: 11100 Chicot Road OWNER/APPLICANT: Little Rock School District/Peters and Associates PROPOSAL: A conditional use permit is requested to allow for the development of additional parking and improvements to the existing parking located on this R-2 zoned elementary school site. 1. SITE LOCATION: The school is located on the west side of Chicot Road, several blocks south of Mabelvale Cut-Off. 2. COMPATIBILITY WITH NEIGHBORHOOD: The school is located in an area that is primarily residential in nature. Surrounding properties contain a variety of residential uses; including various types of site built homes and mobile homes. The school has been a part of the neighborhood for many years. The addition of more parking on the campus and the improvements to some of the existing parking will not affect the school’s continued compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLR United for Progress, Legion Hut and Yorkwood Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The parking requirement for an elementary school is 1 space per classroom and one space per employee. This school has 53 classrooms and a total of 121 employees; requiring 174 parking spaces. There are currently 107 parking spaces located in a larger parking lot on the north side of the school and a smaller lot south of the school. A bus driveway is located on the south side of the building. Under this plan, the north parking lot will be improved and modified resulting in a net gain of 93 parking spaces. The south parking lot will be expanded to create 106 new parking spaces. One new driveway onto Chicot Road will be placed on the south side of the southern parking lot. A total of 306 parking spaces will be located on the site after all improvements and expansions. December 15, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-3879-D 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. A fifty-foot (50) wide land use buffer is required to separate this proposed development from the residential property on the northern and southern perimeters of the site. Currently, the northern perimeter is not meeting this minimum requirement. Seventy percent (70%) of these buffers are to remain undisturbed. A thirty-six foot (36’) wide land use buffer is required to separate this proposed development from the residential property on the western perimeter of the site, next to the proposed parking lot addition. Seventy percent (70%) of these buffers are to remain undisturbed. The zoning buffer ordinance requires an average thirty-six foot (36’) wide street buffer along Chicot Road and in no case to be less than half. It appears the parking aisle width can be reduced within the parking lot closest to Chicot Road allowing for more street buffer. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, southern, and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. Proposed plan does not currently reflect this minimum in some areas. Islands need to be evenly distributed throughout the site. A nine-foot (9’) wide strip is required around the sites entirety. A variance from this minimal amount will be required prior to the issuance of a building permit. An automatic irrigation system to water landscaped areas will be required. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. December 15, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-3879-D 3 The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Chicot Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. 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 access easement is required adjacent to the floodway boundary. 3. Due to development planned to occur in the floodplain, a special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 4. At time of site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Chicot Road including 5-foot sidewalks with planned development. The new back of curb should be located 29.5 ft from the centerline. The back of the new sidewalk should be placed at the property line. 5. Storm water detention ordinance applies to this property. 6. The entrance and exit from the south parking lot should be located 75 ft from the proposed curb on Chicot Road. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: 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. December 15, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-3879-D 4 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. 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. 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. Fire Department: Approved as submitted. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Ernie Peters was present representing the application. Staff presented the item and noted additional information was needed. Staff commented that the depth of the parking stalls and driveways in the northern parking lot appeared to not meet ordinance minimums. Mr. Peters stated he would correct those measurements. Public Works Comments were discussed. In response to a question, Mr. Peters stated bus traffic would be changed to a one-way movement under this plan; entering the site at the middle driveway and exiting at the new southern driveway. He stated he would make the required change to the entrance into the new southern parking lot to provide proper separation from Chicot Road. Landscape Comments were discussed. Staff noted the entire site would not have to be screened, only the new parking lots and drives. It was noted that a variance would be needed to allow the buffer on the north side to be within an easement since Public Works was requesting an access easement along the December 15, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-3879-D 5 floodway boundary. Mr. Peters stated he would address the landscape issues in a revised plan. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Chicot Elementary School is located on the R-2 zoned, 23± acre tract at 11100 Chicot Road. The site contains the elementary school building, playgrounds and parking. The building contains 53 classrooms. The main parking lot is located on the north side of the property. A smaller parking area and the bus driveway are located south of the building. A conditional use permit is requested to allow for improvements to and expansion of the existing parking. A total of 107 parking spaces are now located on the site. A minimum of 174 spaces are required. The south parking lot is to be expanded to create 106 new parking spaces. A new south access drive will tie the bus drive to Chicot Road. The north parking lot will be modified and enlarged for a net increase of 93 new spaces. The site will have 306 parking spaces after the modifications are complete. Chicot Road will be widened to MSP standards for the school frontage. No new signage is proposed. No new lighting or fencing are proposed. The applicant submitted a revised site plan addressing the issues raised at Subdivision Committee. The required buffers and screening are being provided along the street and adjacent to single family on the west and south. The entrance to the new parking lot on the south side of the school has been moved to provide the required distance from Chicot Road. The parking spaces in the north parking lot have been reconfigured to provide proper depth and width. The required 25 foot access easement along the floodway boundary on the north perimeter of the site will be provided. All required landscaping will be provided. A floodway is located along the north perimeter. The property to the north is zoned R-2 but is occupied by a church. Since the property to the north is zoned R-2, the school should typically be required to provide a buffer along the common boundary. Due to the presence of the floodway and the associated drainage and access easements, the school is requesting a variance from the full buffer requirements. They are asking that the area of the easements be included in the buffer area. Staff supports this variance due to the presence of the floodway and the fact that the R-2 zoned property to the north is not occupied by a residence but by a church. December 15, 2011 ITEM NO.: 3 (Cont.) FILE NO.: Z-3879-D 6 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 CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of a variance to allow the easement area along the north perimeter of the site to count toward fulfilling the buffer requirement. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) 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 by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 4 FILE NO.: Z-4028-D NAME: Arkansas Baptist College/Kids First Developmentally Directed Day Care – Conditional Use Permit LOCATION: 1607 Dr. Martin Luther King, Jr. Blvd. OWNER/APPLICANT: Arkansas Baptist College PROPOSAL: A conditional use permit is requested to allow for the construction of a new building and associated parking for a developmentally directed day care on this C-3 and R-4 zoned property. STAFF REPORT: On November 21, 2011, the applicant requested withdrawal of this item. Staff recommends approval of the withdrawal request, without prejudice. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested withdrawal of the item on November 21, 2011. Staff recommended approval of the withdrawal; request. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 5 FILE NO.: Z-5675-D NAME: Philander Smith College Campus Center Building – Conditional Use Permit LOCATION: 900 Daisy L. Gatson Bates Drive OWNER/APPLICANT: Philander Smith College/Crafton Tull and Associates PROPOSAL: A conditional use permit is requested to allow for the construction of a campus center building on this R-4 zoned college campus. 1. SITE LOCATION: The campus is bounded by I-630, Chester, Gaines and Daisy L. Gatson Bates (14th). The proposed new building is within the middle of the campus. 2. COMPATIBILITY WITH NEIGHBORHOOD: The College has been at this location for 130 years. The boundary of the campus is not being expanded to accommodate the new building. It is being constructed within the existing campus. On December 17, 2009, the College’s master plan was presented to the Planning Commission. That plan indicated a 62,000 square foot dining/student center building at this location on the campus. The proposed campus center building is being located as indicated on the previously reviewed master plan. The proposed building will not affect the school’s continued compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and to the Downtown Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The parking requirement for a college is space for each 300 square feet of gross building area or 1 space for every 4 students, whichever is greater. The total square footage on the campus, including the new building, will be 471,155 square feet; requiring 1,570 parking spaces. Current enrollment is 732 students; requiring 183 parking spaces. There are 646 parking spaces available. The 2009 Master Plan states as a growth objective to reach an enrollment of 1,000 students. The plan encourages the use of attractive modes of transportation, including buses and bicycles. Many of the students attending this relatively small urban campus do not drive. In 2009, a CUP was approved for construction of December 15, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-5675-D 2 dormitories. At that time, a survey revealed about 150 parking spaces being used. Staff supports using the lower parking requirement for this project. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a December 15, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-5675-D 3 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: Approved as submitted. Fire hydrant per Code, maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Frank Riggins and Terry Wallace were present representing Philander Smith. Staff presented the item and noted there were no outstanding issues. Staff commented that the easements remaining in the former State Street right-of-way would need to be abandoned prior to a building permit being issued. Mr. Riggins stated he was preparing the documentation to file that abandonment. Staff commented that the campus center building had been indicated on the previously presented campus master plan. There were no other issues discussed. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Philander Smith College occupies the 9+ blocks of property bounded by Chester, Gaines, Daisy L. Gatson Bates and I-630. The campus contains many buildings and parking areas; typical of a small college campus. Previous conditional use permits have been approved to allow various buildings to be built. The last CUP, in 2009, approved the construction of four (4) dormitory buildings. A CUP is now being requested to allow for the construction of a two-story, 65,000 square foot campus center building. The building will be located at the convergence of the former rights-of-way of West 12th and State Streets, in the middle of the campus. The campus center building was indicated at this site on the 2009 Master Plan, which was presented to the Planning Commission on December 17, 2009. The two-story building will have a maximum height of 45 feet and will have an exterior of brick, precast concrete, glass and aluminum panels. No variance is needed for the height increase from 35 to 45 feet, due to the increased setbacks being provided (Sec. 36-156). The building will contain student services, December 15, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-5675-D 4 administrative offices, ballroom, auditorium, post office, bookstore, recreation room, diner/coffee shop and cafeteria/dining area/kitchen. Wall signage and directional signage matching that currently in use throughout the campus, will be implemented. Lighting will be associated with building ingress and egress as well as sidewalks and terraces. This is a LEED project, which limits the amount of light to be used. Days and hours of operation vary with building function. The cafeteria will close after the last meal is served in the evening, whereas the coffee shop will probably stay open later in the evening, perhaps until 11:00 p.m. Administrative offices will be open during regular business hours. The auditorium and ballroom will be open in the evening for occasional events. The dumpster will be located inside the building in the service dock area and will be accessed via overhead door. Landscaping will conform to the recently completed campus master plan. Landscaping will conform to LEED criteria and will use many of the same species as were incorporated in the dorm project. There is no additional parking to be constructed as part of this project. This building is designed and oriented to accommodate pedestrian users. The site is located in the Original City of Little Rock and there is no bill of assurance. When the rights-of-way within the campus were abandoned, the area of the former rights-of-way were retained for easements. The building is proposed to be constructed over the former State Street right-of-way. Prior to approval of a building permit, the easement abandonment must be approved by the Board of Directors. To staff’s knowledge, there are no other outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 4, 5 and 6 of the agenda staff report. 2. Prior to a building permit being approved, the easements within the former State Street right-of-way must be abandoned by the Board of Directors. Staff recommends approval of a parking variance for this campus center building. December 15, 2011 ITEM NO.: 5 (Cont.) FILE NO.: Z-5675-D 5 PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) 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 by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 6 FILE NO.: Z-6693-B NAME: 9401 Colonel Glenn Road Tire Shop – Conditional Use Permit LOCATION: 9401 Colonel Glenn Road OWNER/APPLICANT: Nader E. and Yousef E. Alley/Sergio Macuil PROPOSAL: A conditional use permit is requested to allow for the use of the existing building on this C-3 zoned tract for a tire sales and installation business. 1. SITE LOCATION: The site is located at the triangle formed by the intersection of Colonel Glenn and Stagecoach Roads. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses at the convergence of two arterial streets. A car wash, wrecker service and vehicle impound lot are located on C-4 zoned property to the east. The Farmer’s Coop is located on C-4 zoned property to the west. Single- family homes are located across Stagecoach to the south. A church and single-family residences are located across Colonel Glenn to the north. The applicant states all work will take place within the building. The only use is tire sales and installation; no other type of auto service. Staff believes the proposed use is compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the John Barrow and Westwood Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: A 3,050 square foot building housing an automobile service related use requires 17 parking spaces (5 plus 1/250 square feet). The site has a large enough asphalt paved area to accommodate the required parking. Access is from both Stagecoach and Colonel Glenn Roads. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. December 15, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6693-B 2 In conjunction with this project, an upgrade in landscaping may be required. It appears that zero green space is located on the front of the property. Therefore, the removal of concrete/asphalt may be required in conjunction with this upgrade should the building rehabilitation costs exceed fifty percent (50%) of the replacement cost of the building. 5. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Rd is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. With the location of the rear storage building, right-of-way should be dedicated to 50 ft from centerline. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS. 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. December 15, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6693-B 3 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: Approved as submitted. Fire hydrant per Code, maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Sergio Macuil and his son Sergio Macuil, Jr. were present. Staff presented the item and noted little additional information was needed. In response to questions from staff, Mr. Macuil stated the concrete building at the rear of the site was not part of the business and any used tires would be kept inside the tire shop building. He stated a couple of display tires would be placed outside the front of the business during the day but they would be brought in prior to the end of business each day. He stated a dumpster would be placed behind the building. Staff commented that the dumpster would have to be screened. Public Works Comments were presented. The applicant was advised that he or the property owner should meet with Public Works staff to discuss the issue of right-of-way dedication. Landscape Comments were presented. The Committee determined there were no other issues and forwarded the item to the full Commission. December 15, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6693-B 4 STAFF ANALYSIS: The C-3 zoned tract located at 9401 Colonel Glenn Road is occupied by a 3,050 square foot wood-frame building and a 1,650 square foot concrete building. The applicants are requesting approval of a conditional use permit to allow a tire sales and installation business to operate in the larger building. The smaller building will be retained for use by the property owner and is not included in this CUP request. The business is proposed to operate Monday through Saturday, 8:00 a.m. to 5:00 p.m. The sole use proposed is the sales and installation of tires. No other automotive service use is proposed. All work will take place within the building. A garage door is located on the front of the building to provide access. All tires, new and used, will be kept within the building. Only a few display tires will be placed outside during business hours. A dumpster will be located behind the building. Screening will be installed around the dumpster to comply with Code. Signage will comply with that allowed in commercial zones. There is the remnant of framing for an old roof mounted sign on the building. That framing should be removed. Staff believes the use is appropriate for the site. Other C-4 uses are located adjacent to or near the site. All activities will take place within the building and there is to be no outside storage. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP 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. There is to be no outside storage of tires or other materials. 3. The dumpster is to be installed and screened in compliance with Code requirements. 4. The old framework for the roof sign is to be removed and new signage is to comply with that allowed in commercial zones. 5. The site is to be cleaned up and debris removed. 6. There is to be no vehicle sales on the site. December 15, 2011 ITEM NO.: 6 (Cont.) FILE NO.: Z-6693-B 5 PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) 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. Staff amended condition 2 in the staff recommendation to read: “There is to be no outside storage of new, used or waste tires or other materials.” There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 7 FILE NO.: Z-8400-A NAME: Dr. Emma Rhodes Private Park – Conditional Use Permit LOCATION: 1869 South Summit Street OWNER/APPLICANT: Dr. Emma Rhodes PROPOSAL: A conditional use permit is requested to allow for the use of this R-4 zoned property as a private park. 1. SITE LOCATION: The property is located on the northeast corner of S. Summit and West 19th Street, one block south of Wright Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a residential neighborhood, 1 block south of the Wright Avenue Commercial district. Single-family residences are adjacent to the north and east as well as across Summit Street and West 19th Street to the west and south. While a small neighborhood park would certainly be compatible with the neighborhood, staff has concerns about this specific use. The park is a private park for use by the applicant and those she allows to use it. For a fee, it can be rented by other parties. It is in fact not a neighborhood park, to serve the residents of the area. The lack of parking is of concern since it is likely that many who potentially use the park will come from outside the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Wright Avenue and Central High Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: There is no parking on the site. The applicant states parking is available on other nonresidential properties she owns along Wright Avenue, 1 block to the north. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. December 15, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8400-A 2 The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of Summit St and W. 19th St. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS. 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. 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. December 15, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8400-A 3 Fire Department: Approved as submitted. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: A CATA bus route is located along Wright Avenue, just north of this site. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Dr. Emma Rhodes was present. Staff presented the item and noted some additional information was needed. Staff requested information on signage and site lighting. Dr. Rhodes stated there would be no lighting because the park would only be used during day light hours. She stated the park would typically be used on weekends and holidays, but could be used on other days. In response to a question, Dr. Rhodes stated parking was available on her other properties located along Wright Avenue, just north of the site. Staff asked who could use the “private park”. Dr. Rhodes responded “whoever I let use it”. She stated anyone could contact her about using the park. In response to a question, she stated she hoped to collect a rental fee for use of the park and users could include neighborhood residents. Public Works Comments were noted. After a brief discussion, the Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicant has developed a private park on the vacant, R-4 zoned property located at 1869 Summit Street. The property is enclosed by a 4-foot tall chain link fence and contains a pavilion, grill, picnic tables, basketball goal and playground equipment. Signage identifies the site as a private park and prohibits unauthorized access. The pavilion was constructed without a building permit. A park requires a conditional use permit in residential zones. The applicant states the park will be used by her family and church and whoever else she lets use it. At Subdivision Committee, the applicant stated the park could be rented by anyone, including neighborhood residents. No alcohol or drugs are allowed inside the park. The park will be used primarily on weekends and holidays but could be used any day, under authorization by the applicant. No lighting is proposed. Use of the park will be limited to daylight hours. There December 15, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8400-A 4 is no parking on the site. The applicant owns other properties along Wright Avenue where parking is available. While a small neighborhood park would be appropriate for the area, staff does have some concerns about the specifics of this use. The park is in fact not a neighborhood park, available for unhindered use by the residents of the neighborhood. Use is limited to those who are authorized by the applicant, in some cases by collection of a rental fee. The use begins to have the “feel” of more of a commercial or business use. The lack of parking on the site is of concern since the park will conceivably be used by persons and groups coming to the site from outside the neighborhood. Pushing the parking onto the streets could negatively impact the residents. The century-old bill of assurance for Moore and Penzel’s Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicant was present. There were two objectors present. There were eight Commissioners present. The Chairman offered the applicant the opportunity to defer the item. The applicant stated she wished to go forward. Staff presented the item and a recommendation of denial. The applicant, Dr. Emma Rhodes, addressed the Commission and stated she had no reservation about the property being used as a neighborhood park but she wanted to maintain control to assure it was used appropriately. Leanna Godley, of 1900 S. Summit Street, spoke in opposition. She said she saw the sign identifying the site as a private park with a phone number to call for information. Ms. Godley expressed concerns about possible negative influences in the neighborhood. She stated Dr. Godley had never approached the neighbors to seek out their feelings about establishing the private park. She said she would prefer to see a house built on the site. Ms. Godley stated the site was not a green space and the neighborhood had public parks. Ms. Godley stated she doubted Dr. Rhodes could regulate use of the park. She stated she also spoke for Ms. Dixon, a next -door resident who was also opposed to the private park. December 15, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8400-A 5 Dr. Rhodes stated she did not understand staff’s concerns about the private park. Deputy City Attorney Cindy Dawson stated staff had concerns about the nature of the proposal, being more of a business activity than a park to serve the neighborhood residents. She said staff was not saying Dr. Rhodes could not go on her property and use it. Commissioner Rector stated what was disturbing was it begins to sound like a commercial business when the site is available for rent. Dr. Rhodes responded that it was “not a money thing and people could use it for free.” Commissioner Rector asked if that changed staff’s opinion. Director of Planning Tony Bozynski responded that it did not; that the use did not feel like a neighborhood park since it was fenced and Dr. Rhodes was maintaining control over the use. Chairman Ferstl asked staff what would prevent Dr. Rhodes’ friends from using the park. Dana Carney, of the Planning Staff, stated the site was zoned single family and the only by-right use was as a single- family residence. He stated the site had been developed as a park, with all of the elements found in a park. Mr. Carney said that was different from having friends over to share a cook out in your back yard. Commissioner Dillon asked Dr. Rhodes how she was going to regulate use of the park and who comes and goes from the site. Dr. Rhodes responded that users would have to come through her. Commissioner Fountain stated he understood Dr. Rhodes would be able to control some use, such as when her church uses the site. He asked her how she could control others. Dr. Rhodes stated she just wanted the site used. She stated she wanted a place for children to use. She continued by stating children would have to be accompanied by an adult. Commissioner Rector stated the Commission had to think long-term. He asked staff if the site would be appropriate for a park if it was donated to the City. Mr. Bozynski stated he could not address that but there was a difference between a public park available for use by the neighborhood residents and a private park controlled by an individual. Dr. Rhodes stated it would be ok to leave the gates open so the site could be used by area residents. Chairman Ferstl stated there would likely be liability issues for her if that occurred. Deputy City Attorney Dawson stated the issue came back to the use of the property. Ms. Godley reiterated her concerns. Commissioner Fountain asked Ms. Godley if she would be opposed if it was a public park. She said as long as it was a vacant lot that children played on, it wasn’t a problem. In response to a question December 15, 2011 ITEM NO.: 7 (Cont.) FILE NO.: Z-8400-A 6 from Commissioner Fountain, Director Bozynski stated staff could support the use of the site as a neighborhood park if it was open and available for use by neighborhood residents. A motion was made to approve the application. The motion failed with a vote of 0 ayes, 8 noes and 3 absent. December 15, 2011 ITEM NO.: 8 FILE NO.: Z-8724 NAME: Dougan Landing Field – Conditional Use Permit LOCATION: 22 Isbell Lane OWNER/APPLICANT: Doug Dougan PROPOSAL: A conditional use permit is requested to allow the landing of a small, two-person helicopter (landing field) on this R-2 zoned property. 1. SITE LOCATION: The site is located on the north side of Isbell Lane, off the east end of County Farm Road. The property is outside of the city limits, within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is one of several located along the river, north of Isbell Lane. Most of the properties appear to range from about 1 acre to 2 acres in size. Single-family residences are located on most of the properties. South of Isbell Lane is Two Rivers Park and the Pulaski County Garden Center. Staff has concerns with the possible impact of the proposed landing field on several levels. The size of the residential properties is such that there could be an impact on neighbors when the helicopter takes off and lands. The noise and buffeting of the blades is no doubt apparent to those neighbors closest to the applicant’s property. South of the site is Two Rivers Park which has seen an increase in use with the completion of the bridge across Maumelle Creek. The Garden Center plots across Isbell are well used as well. Staff has concerns about the safety of persons using the Park and the garden plots if something were to happen to the helicopter while over the area. Notice of the Public Hearing was sent to all owners of properties located within 200 feet and the River Valley Neighborhood Association. 3. ON SITE DRIVES AND PARKING: A single driveway provides access to this residential property the helicopter takes off and lands at the end of the driveway, near the street. 4. SCREENING AND BUFFERS: No Comments. December 15, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8724 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NO OBJECTIONS. 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 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. 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. 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 December 15, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8724 3 additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: No comments. Outside City Limits. West Pulaski Volunteer Fire Department: Approved as submitted. On September 8, 2011, we talked to Mr. Dougan; no aviation fuel will be stored on site. Only fuel will be what is carried on helicopter. County Planning: Verify with Pulaski County Public Works to see if a flood development permit is needed. As a neighboring property owner, Pulaski County objects to this proposed use. CATA: Outside of service area. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Mr. and Mrs. Dougan were present. Staff presented the item and noted no additional information was needed. Mr. Dougan explained his proposed use and stated he felt it would not impact area residents. In response to a question from the Committee, staff stated there had been a complaint, which resulted in enforcement. The Dougans described the area around their property and stated they approached and departed from their property by flying over the county property to the south. The Committee determined there were no real site plan issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned property located at 22 Isbell Lane is occupied by a one-story, brick and frame, single-family residence. The property is approximately 2 acres in size (200± feet X 460± feet). Isbell Lane is a gated, private drive providing access to about 14 properties that overlook the river. There are 7 to 8 homes on the street with at least one new home under construction. The owners of the home have apparently recently begun landing a helicopter on the property on a regular basis. In response to a complaint, staff advised the owners to cease the activity or to file a conditional use permit to allow the landing of the helicopter. On January 15, 2008, the Board of Directors passed Ordinance No. 19,910, which amended the definitions of airport or landing field and which created a definition of aircraft. The amendment was in response to an issue a couple of December 15, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8724 4 miles west of this site where a homeowner created a landing strip for the purpose of landing his private jet. It was determined that the ordinance needed to be amended to address this type of situation. The current definitions are as follow: Aircraft means any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air. Airport or landing field means any area of land or water designated, set aside, continuously used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities located thereon. The applicant provided the following information on the proposed use: We are requesting permission to land small, two-person helicopter at our residence at 22 Isbell Lane, Little Rock, AR 72223, outlined as follows: 1. Between 4 and 8 landings per month during normal daylight hours. 2. Helicopter is a tool that I use in my business to save time getting to job sites. We also have elderly parents. This saves us time checking on them. 3. Helicopter is small and weighs approximately 900 pounds. It is less noise than boats on the river. It takes approximately 2 minutes from start to take off, and approximately 2 minutes to shut down (less than 30 minutes per month). 4. Approach and depart to and from the south. There are open fields for approximately ¾ of a mile. 5. Will never have to fly over anyone’s house or property. 6. Had always known we were outside of city limits, and did not know that this was a problem. Built new home under county rules. 7. Helicopter will always land and depart at end of our driveway, which is over 300’ from anyone’s house. Everyone's living December 15, 2011 ITEM NO.: 8 (Cont.) FILE NO.: Z-8724 5 space faces the river. Approach and departure are always from opposite end of houses. 8. Private pilots in the area and from the North Little Rock airport fly this area constantly. There is always airplanes and helicopters flying over this area by the river. 9. This will always be a rural area as all landowners have acreage. Additionally, it is staff’s understanding that no aviation field will be stored on site. The only fuel will be what is carried on the helicopter. Staff has concerns with the proposed use. The “open fields” referenced by the applicant for the approach and departing of the helicopter are in fact a park and public gardens. These facilities are used by the public, including families, on an increasingly regular basis. The properties across Isbell Lane are owned by the County. The County has registered its opposition to the use. Additionally, the residential properties along Isbell Lane range from 1± acres to 2± acres in size. The location at the end of the applicant’s driveway where the helicopter is to land and take-off is just over three hundred (300) feet from the adjacent residences. Staff feels the noise of the helicopter and the buffeting of the blades could negatively impact those residences. The property is an acreage tract and there is no bill of assurance. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicant was not present. There was one objector present. Staff informed the Commission that the applicant had requested withdrawal of the item on December 12, 2011. Staff recommended approval of the withdrawal request. There was no further discussion. A motion was made to waive the Commission’s bylaws to accept the late withdrawal request. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. The item was then placed on the consent agenda and approved for withdrawal by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 9 FILE NO.: Z-8727 NAME: Reach Out and Touch Christian Church – Conditional Use Permit LOCATION: Southwest corner of Mabelvale Pike and West 49th Street OWNER/APPLICANT: A. W. Hepp and Timothy Nalls/ Nolan Rushing, Colliers International PROPOSAL: A conditional use permit is requested to allow for the phased development of this vacant R-5 and O-3 zoned property for a church. 1. SITE LOCATION: The property is located on the southwest corner of Mabelvale Pike and West 49th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. Vacant I-2 and MF-24 property and a large area of floodway are located to the north. Single-family residences and what appears to be a vacant multifamily development are located across Mabelvale Pike to the east. Single-family residences, a boarded residential structure and a vacant non-residential building are located to the west. A convenience store, multifamily, auto garage and commercial uses are located to the south. Development of this property as a church appears to be compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLR United for Progress and Geyer Springs Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The parking requirement for a church is one parking space for every four seats in the main worship area. The pre-phase I building will have seating for approximately 60 persons. In this phase, a single driveway will be constructed off of Mabelvale Pike. Parking for 37 vehicles will be built with pre-phase I. The church is requesting an 18-month deferral of the paving requirement for these 37 spaces. Phase I will include additional parking, bringing the total up to 91 spaces. An additional driveway onto West 49th Street will be built in Phase I. December 15, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8727 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. A twelve-foot (12’) wide land use buffer is required to separate this proposed development from the residential property on the western perimeter of the site. Seventy percent (70%) of these buffers are to remain undisturbed. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the western perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. A small amount of building landscaping will be required in conjunction with this application. An automatic irrigation system to water landscaped areas will be required. Prior to the issuance of a building permit, 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 preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 49th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to 49th St. including 5-foot sidewalks with planned development. The new back of curb should be located 15.5 ft from the centerline. At least 20 ft of asphalt surface must be provided. 3. The driveway on 49th St must be located at least 100 ft from the property line. The driveway on Mabelvale Pike must be located at December 15, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8727 3 least 150 ft from the property line. Variances must be requested for the proposed locations. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this property. Entergy: Approved as submitted. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. 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. December 15, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8727 4 Fire Department: Approved as submitted. Fire hydrant per Code, maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 23, 2011) Joe White and Rev. Dave Williams were present. Staff presented the item and explained the phasing plan. Mr. White presented a drawing showing pre-phase I as a modular building with a small parking lot taking access off of Mabelvale Pike. Staff stated some information was needed on the pre-phase I project. Staff told the Committee that subsequent phases would have to be brought back to the Commission for review and approval. Staff stated pre-phase I would have a specific time frame attached. Public Works and Landscape Comments were presented. It was determined that it would be appropriate to defer improvements to West 49th Street until phase I, the first permanent phase. Mr. White asked if gravel parking could be used. Staff stated the driveway needed to be paved and the paving of the pre-phase I parking could be deferred for a time such as 18 months, but not waived. The applicant was advised to submit a revised plan and responses to staff issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Reach Out and Touch Christian Church is requesting approval of a conditional use permit to allow for construction of a church on the vacant property located at the southwest corner of Mabelvale Pike and West 49th Street. The property contains approximately 2 acres. The northern 1.16 acres are zoned R-5. The southern 0.83 acres are zoned O-3. The development is a phased project with pre-phase I being a temporary building, a single driveway onto Mabelvale Pike and a portion of the parking lot. Use of the pre-phase I temporary building is to be for five (5) years or until construction of the permanent Phase I building, whichever occurs first. The pre-phase I building will have a worship area that will accommodate 60 persons. The driveway off of Mabelvale Pike will be paved for a length of approximately 80 feet. The 37 parking spaces in this phase will be gravel for a period not to exceed 18 months, at which time that parking will be paved to comply with Code. December 15, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8727 5 Phase I is a multipurpose facility of approximately 12,260 square feet in area. This building will contain classrooms, gymnasium, temporary sanctuary, etc… With Phase I, the remainder of the parking and a second driveway onto West 49th Street will be constructed. Phase II will be a 7,740 square foot addition to the phase I building; containing the sanctuary. The phase I and phase II expansions will be brought back to the Planning Commission for review and approval at which time all permanent aspects of the development will be reviewed. Signage will comply with that allowed in office and institutional zones. No additional uses such as private school, day care or mother’s day out are proposed. Days and hours of use will be those that are typical for a church. The dumpster and required screening have been indicated on the plan on the southern portion of the site, near the adjacent commercially zoned properties. To staff’s knowledge there are no outstanding issues. Staff believes the proposed small church is an appropriate use of the site. There is no bill of assurance for this acreage tract. Staff supports the requested variances to allow the driveway spacing on Mabelvale Pike and West 49th Street as shown and a deferral of the West 49th Street improvements until construction of the Phase I building or five (5) years, whichever comes first. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP 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. Placement of the temporary pre-phase I building is to be limited to a maximum of 5 years. 3. Placement of the building must comply with all applicable building code requirements. 4. Installation and maintenance of the required buffers and screening must be completed for the portion of the site to be used in pre-phase I. 5. The Phase I and Phase II expansions must be brought back to the Planning Commission as revisions to the CUP for review and approval. December 15, 2011 ITEM NO.: 9 (Cont.) FILE NO.: Z-8727 6 Staff recommends approval of a driveway spacing variance to allow the driveways on West 49th and Mabelvale Pike as proposed. Staff recommends approval of the deferral of half-street improvements to West 49th Street for five (5) years or until construction of the permanent Phase I building, whichever occurs first. Staff recommends approval of the request to utilize gravel parking for the pre-phase I 37 parking spaces for a period not to exceed 18 months. The gravel parking area must be defined and contained. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The applicant was not present. There were no objectors present. Staff informed the Commission that, on December 12, 2011, the applicant had requested deferral of the item to the February 2, 2012 meeting to allow for possible revisions to the plan. Staff recommended approval of the deferral request. There was no further discussion. A motion was made to waive the Commission’s bylaws to accept the late deferral request. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. The item was placed on the consent agenda and approved for deferral to the February 2, 2012 meeting by a vote of 8 ayes, 0 noes and 3 absent. December 15, 2011 ITEM NO.: 10 FILE NO.: 322 NAME: Fourche Creek WWU Treatment Facility Annexation REQUEST: Accept 212.5 acres plus or minus to the City LOCATION: 2500 Birdwood, east of Frazier Pike and south of the Slack Harbor SOURCE: Marie Crawford, Agent for the Property Owners GENERAL INFORMATION: • The County Judge held a hearing on the annexation November 29, 2011. • The area requested for consideration has a wastewater treatment facility on it. • There is one property owner. • The site is contiguous to the City of Little Rock along its south and western boundaries. • The annexation request is to obtain City services. • The site is generally 5278 feet east-west and 2647 feet north-south at its greatest. • Currently the property is not zoned and will be classified to R-2 Single- Family as part of the annexation process. • The property owners have indicated the intention to continue using the property as a treatment facility. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department has indicated there would be no impact on fire service delivery capabilities with this annexation. Police: The Little Rock Police Department has indicated they have no issues or concerns with the annexation request. Infrastructure and Community Facilities: Central Arkansas Transit: Central Arkansas Transit has indicated they have no issues or concerns with the annexation request. Parks and Recreation: No Comment Received. December 15, 2011 ITEM NO.: 10 (Cont.) FILE NO. 322 2 Public Works: The Solid Waste Division of Public Works indicated they have no issues or concerns with this annexation. No comments were received from any other divisions of the Public Works Department. Utilities: Central Arkansas Water: Central Arkansas Water has indicated they have no issues or concerns with the annexation request. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Wastewater Utility. The Little Rock Waste Water Utility has indicated they have no issues or concerns with the annexation request. Southwestern Bell: No Comment Received. Schools: Little Rock: No Comment Received. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The area within the levee is developed with a wastewater treatment facility. There are lands beyond the levee that are part of this annexation. The lands outside the levee are currently undeveloped. The Arkansas River is generally the eastern boundary for the ownership. The ownership is not zoned currently. As part of the annexation the land will be classified to R-2, Single-Family. This will make the treatment facilities a legally non-conforming use. The other two wastewater treatment facilities are within the city limits of Little Rock and zoned R-2, Single-Family. Conditional Use permits are used to approve the development of this type of facility. Any new projects or additions will have to be reviewed using the Conditional Use process. The lands surrounding the facility are either industrial or zoned I-3, Heavy Industrial for the future development of industries that might use the facilities of the port, rail, freeway system or airport that are present. As noted this is one of three wastewater treatment facilities for the City of Little Rock, thus it would be appropriate to the use to be within the city. It is an ‘urban use’. The site is along the Arkansas River and part of the Port Industrial Park. December 15, 2011 ITEM NO.: 10 (Cont.) FILE NO. 322 3 No public roads would be annexed as part of this request and there would be no solid waste pickup from this facility by the City. Therefore, there would be no impacts to the Public Works Department in either service area. The facility exists and is functioning, thus the impacts on the roads, water and other non-pubic safety functions of the City should be nil. Both Central Arkansas Water and the Little Rock Wastewater Utility have indicated they have no issues or concerns with this annexation. The closest Central Arkansas Route is Route 20 – College Station. The College Station Route’s closest point to the annexation area is the intersection of Fourche Dam Pike and Frazier Pike, approximately a mile and a third to the northwest. Central Arkansas Transit has indicated they have no issues or concerns with this annexation. The closest fire station is Station 4 on Lindsey Road. This station is a little more than a mile and three-quarters from the annexation area. The Little Rock Fire Department indicates there will be no impacts on their service capabilities with this annexation. Since no public streets would be a part of this annexation, only police calls to the facility would be an added service. The Little Rock Police Department has indicated they have no issues or concerns with the proposed annexation. Staff Recommendation: Approval PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The item was placed on consent agenda for approval. By a vote of 8 for, 0 against and 3 absent the consent agenda was approved. December 15, 2011 ITEM NO.: 11 FILE NO.: LU11-02 Name: North Central Area Land Use Plan Amendment Location: North of Interstate-630, from Interstate 430 to the State Capitol complex 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 north of Interstate 630, from Interstate 430 east to the State Capitol complex. There are a dozens areas with changes proposed in the ‘package’: 1. The northeast corner of Markham and Gill Streets. A change from Service Trades District to Residential High Density. Residential High Density category accommodates residential development of more than twelve (12) dwelling units per acre. 2. The northeast of the Martin – I Street intersection. A change from Residential High Density to Residential Low Density. Residential Low Density provides for single-family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. 3. Two areas – one northwest of the Hill Road – Pine intersection and one either side of Kavanaugh Boulevard, west of Cedar. The first change is from Residential High Density to Residential Low Density. Residential Low Density provides for single-family homes at densities not to exceed six (6) dwelling units per acre. And the second is from Residential High Density and 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. 4. An area generally from Plateau to 7th Street, between Pine and Cedar Streets. The change is from Neighborhood Commercial and 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. December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 2 5. Four areas of change generally along University Avenue and Markham, south of C Street to Interstate 30. East of University Avenue, either side of C Street change from Residential High Density 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. Either side of University Avenue, change from Mixed Use to Commercial south of C Street. 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. West of University Avenue and south of Markham, change is from Commercial to Mixed Use. Mixed Use provides for a mixture of residential, office and commercial uses to occur. West of McKinley north of Interstate 630 change is from Residential High Density to Residential Low Density. Residential Low Density provides for single-family homes at densities not to exceed six (6) dwelling units per acre. 6. The southeast corner of Markham and Rodney Parham Road. The change is from Office 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. 7. The north end of Natural Resources Drive. The change is from Office 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. 8. The northeast corner of Taylor and V Streets. The change is from Public Institutional to Residential Low Density. Residential Low Density provides for single-family homes at densities not to exceed six (6) dwelling units per acre. 9. Two Areas – One along Alden Lane and the other north of Pine Valley Road along Blackwood and Durwood Roads. The change is from Residential High Density to Residential Low Density. Residential Low Density provides for single-family homes at densities not to exceed six (6) dwelling units per acre. 10. East of Watt between Ohio and Illinois Streets. The change is from Public Institutional and 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. 11. West of Brookwood Drive between Riverside and Cedar Hill Roads. The Change is from Industrial to Service Trades District. Service Trades District December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 3 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. 12. Three areas between Cantrell Road and the Arkansas River, Riverfront Drive to Rose Creek. The first change is from Industrial to Service Trades District, either side of Jessie Lane and west of Rose Creek, north of Cantrell Road. 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. And an area from Industrial to Park/Open Space, north of Cantrell Road and east of Water Works Road. Park/Open Space includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. ANALYSIS: The Planning and Development staff began reviewing this area at the beginning of 2011. 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 a few other neighborhood stakeholders. Little comment was received from this contact. A package of changes was developed 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. Staff received numerous phone calls and email responses to that letter to help explain the proposed changes. Most contacts were informational only two contacts were not positive. One was in opposition and believed the change was only to benefit the City and increase taxes. The other expressed concerns about being force to convert (sell) a single- family home to UAMS. The final package of changes was developed and property owners together with neighborhood associations were contacted 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 future Land Use Plan that all can use. The resulting map, since more accurate, should help produce better decisions whether public or private. December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 4 1. Area 1 is the northeast corner of Markham and Gill Streets. It is a wooded undeveloped site that is currently zoned MF-24, Multifamily 24-units per acre. There is an apartment complex to the east of this site zoned R-5, Urban District 36-units per acre. The zoning pattern is generally residential to the west and south of this site. The site is on a hill and to the north and east (lower ground) the land is zoned I-2, light Industrial. To the north are several businesses including satellite receivers. To the east is the Episcopal school zoned Planned Office District. The Land Use Plan shows residential uses to the east and south with Public Institutional to the east. Service Trades District is shown to the north. This land is steep and more part of the residential areas to the north and east than the low flat land to the north. With the currently location, topography, development pattern and zoning, some higher density residential development on this site is most appropriate. 2. Area 2 is northeast of the Martin – I Street intersection. It is currently developed with single-family homes and zoned R-2, Single-Family. To the south is a large Public Institutional area where Central Arkansas Water has a facility. To the east and northeast are residential uses zoned R-2, Single- Family and R-5, Urban District. To the north is shown as Commercial on the Plan and used for commercial businesses as well as zoned C-3, General Commercial. This area is separated topographically from the residential being beneath. Since this area is developed and zoned for single-family rather than apartments, a change to Residential Low Density would more accurately reflect the current and likely future development pattern. 3. Area 3 is two areas – one northwest of the Hill Road – Pine intersection and one either side of Kavanaugh Boulevard, west of Cedar. Both of these areas are developed. The one at Hill Road is a single-family home, though zoned R-2, Single-Family and R-5, Urban District. The other is a church and utility. The church is zoned R-5 and the utility is zoned R-3, Single-Family. Both are part of the Hillcrest neighborhood. Since the Hill Road site is developed as a home and the majority zoned for single-family, the logical future development is to maintain this use. The sites along Kavanaugh Boulevard are an existing established church and a utility. Both have major investments on their sites and show no indication of moving. In both cases the most likely future development pattern is a continuation of the existing use. 4. Area 4 is an area generally from Plateau to 7th Street, between Pine and Cedar Streets. This is an area that the Med-Center (UAMS) has been acquiring over the years. Only two parcels in the four plus block area are not currently owned by UAMS. The current zoning is R-4, two units and the future Land Use Plan shows Mixed Use along Pine Street and December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 5 Neighborhood Commercial along Cedar. The Med-Center has converted one plus blocks to surface parking and constructed a research building on a quarter of one block. Even though there are still two privately owned parcels and most of two-plus blocks is still single-family or duplexes, the likely future development pattern of this corridor is for expansion of the Med- Center. 5. Area 5 is several areas of change generally along University Avenue and Markham, south of C Street to Interstate 30. The first is to Mixed Use and is either side of C Street west of Pierce Street. This area is zoned for O-3, General Office, R-5, Urban Density and R-3, Single-Family with multifamily developments and single-family homes on the land, as well as some vacant properties. To the east is single-family to the north is multifamily and to the south and west is commercial use and zoning. While residential should continue to be an option, the zoning pattern together with the recent development in the general area, indicates non-residential uses are also likely in this area. The Mixed Use classification would allow all potential uses to occur with a Planned Zoning District to assure compatibility. The area to the west of this, south of C Street is part of the Midtowne Center, a commercial development. It is zoned Planned Commercial Development and is a recent development. It is not likely to change in the near term. Thus Commercial rather than Mixed Use is a more likely future Land Use classification. Across University Avenue, south of C Street is the Park Plaza Center. The use is commercial and the zoning is C-3, General Commercial with office and higher density residential use and zoning north of C Street. The area south of C Street is not likely to redevelop to other uses in the short term. A more realistic future Land Use designation for this area is Commercial. South of Markham to I-630 between University Avenue and McKinley is zoned C-3, General Commercial and Planned Commercial District. The area is predominately commercial at this time with some office and higher density residential. Additional higher density residential has been approved for a section of the Park Avenue development. Alternative uses for the former Doctors Hospital building are being considered. The north half of this area is developing as a mixed-use area and there is real potential that the same could happen in the southern half. The Design Overlay District that covers this area requires that any redevelopment (new construction or additions) be done using the Planned Zoning District process. Therefore to allow this redevelopment Mixed Use is recommended. Mixed Use would not prevent the area for developing Commercial as currently shown on the Plan. The final part of this area is west of Chickadee Drive. The area is currently zoned R-4, Two Units and developed with duplexes. To the west is a single-family neighborhood zoned R-2, Single-Family. To the east and December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 6 north are apartments. There is no indication of a conversion to higher density. The most likely future for this area is a continuation of the existing development pattern; therefore, Residential Medium Density is a more accurate representation for the area. 6. Area 6 is the southeast corner of Markham and Rodney Parham Road. This is the location of a post office and is zoned C-3, General Commercial. To the west and northwest is zoned C-3, General Commercial and developed with commercial uses. To the east is zoned R-4, Two Unit and R-2, Single- Family with an elementary school. To the north is zoned R-2, Single-Family with single-family houses. The site is currently a post office and shows no sign of changing use. Public Institutional is the appropriate designation for this use. 7. Area 7 is the north end of Natural Resources Drive. The site is the location of the Arkansas Game and Fish Commission offices, a state agency. The zoning is R-2, Single-Family. Interstate 430 is the western boundary of the site. To the northeast and south are single-family neighborhoods zoned R- 2, Single-Family. To the southwest is an area Zoned O-3, General Office and O-1, Quiet Office with professional offices and motels developed on the land. A more accurate designation for this land is Public Institutional, since the land is owned by the state and used by the state. 8. Area 8 is to the northeast corner of Taylor and V Streets. This is a single- family subdivision zoned Planned Residential District. To the north, west and south area single-family homes with the land zoned R-2, Single-Family. To the east is R-2, Single-Family zoned land developed as a campus of the Catholic Church. The land in question had been a part of the Church ownership, but was sold and developed with single-family homes. It is likely that this use will continue and a more appropriate Land Use Plan designation would be Residential Low Density. 9. Area 9 is two areas – one is along Alden Lane and the other is north of Pine Valley Road along Blackwood and Durwood Roads. Both of these areas are zoned R-4, Two Units and developed with duplexes and single-family homes. In both cases the surrounding area is zoned R-2, Single-Family and developed with single-family homes in place. Also in both areas there is a church adjacent. In neither area is there an indication of densification. The most likely future development pattern is a continuation of the present pattern. Thus Residential Medium Density is a more accurate reflection of the area currently and in the future. 10. Area 10 is east of Watt Street between Ohio and Illinois Streets. This is an area recently acquired and cleared by a private school located north of Ohio. To the north, west and south is zoned R-2, Single-Family and developed with single-family homes. To the northeast is the school in December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 7 question and a multifamily development. Across Mississippi is zoned R-4, Two Units, Planned Residential District and R-2, Single-Family. There are some attached homes and duplexes as well and single-family homes in this area. The site has been partial redeveloped with athletic fields and parking for the school. The likely future development of the site is for additional school related uses. 11. Area 11 is west of Brookwood Drive between Riverside and Cedar Hill Roads. The site is developed with a mini-warehouse development and offices along the street frontage. The zoning is I-2, Light Industrial. To the east and south is zoned O-3, General Office with some office use but most of the land is vacant. To the north is zoned C-3, General Commercial with an office building. East across the railroad spur line is zoned I-2, Light Industrial and C-3, General Commercial with small commercial structure dominated with restaurant use. Service Trades District is the common designation for area developed as mini-warehouse throughout Little Rock. With the existing development pattern around the site and uses that have developed to the east, northeast and southeast, any redevelopment of this site (if any) is not likely to be of a light industrial nature, much less Industrial. Service Trades District is more reflective of the existing use and likely future use than Industrial. 12. Area 12 is three areas between Cantrell Road and the Arkansas River, Riverfront Drive to Rose Creek. There are two areas currently zoned I-3, Heavy Industrial and developed with a mixed of Mini-warehouse, Warehouse Showroom and Warehouse Commercial use. One is along either side of Jessie Road, east of Riverfront Drive and the other is between Water Works Road and the Arkansas River, west of Rose Creek. To the north of Jessie Road development is zoned O-3, General Office and developed as an office campus. To the east of Rose Creek is a small marina and Dillard corporate head quarters building. The Arkansas River is to the north and north east of the two sites. To the south and southwest is a rail spur then Cantrell Road a large hill with homes and a waterworks facility zoned R-2 and R-3 Single-Family. The Junior Deputy athletic facilities are between these two areas with a zoning of I-3, Heavy Industrial and R-2 Single-Family. To the west of the Jessie Road area beyond Riverfront Drive is a shopping center, zoned C-3, General Commercial. With the development pattern of the general vicinity as well as the use mix of the existing developments, a redevelopment to industrial is unlikely. Service Trades District is more representative of the current use of the properties and likely future development than Industrial. The area between these to developments is the Junior Deputy athletic facilities. The land is owned by the City. The land is developed with playing fields and related facilities. It is likely that the current uses will continue on this site. A Park/Open Space designation is more consistent with the existing use and lightly future use of this property. December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 8 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Briarwood, Capital View Stiff Station, Cedar Hill Terrace, Colony West Homeowners, Echo Valley POA, Evergreen, Forest Park, Hillcrest Residents, Heights, Lake Foreman Preservation Society, Merriwether, Normandy Shannon POA, Overlook POA, Pennbrook/Clover Hill, Prospect Terrace, Robinwood POA, Sturbridge POA, South Normandy POA, Treasure Hill POA, and Wingate POA were also notified. Letters were sent to over 140 property owners in the area. Staff has received several informational calls from area residents as a result of the initial mailing in mid-September. These were mostly informational. From the second mailing in mid-November, Staff has receive less than 6 contacts. 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. Staff believes the changes are appropriate. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) Walter Malone, Planning Staff, gave a brief overview of the process used for this third review of a portion of the Land Use Plan area. Mr. Malone proceeded to discuss each of the 12 areas of changes. The zoning pattern, land use and the current plan were reviewed. Chairmen Ferstl indicated the Commission may ask Staff back once they had heard from some of the other speakers. Henry Kelley, representing the Baker Building (SW corner Markham and University) spoke. Mr. Kelley indicated he understood the C-3 zoning does not change, but wanted to assure that if they wanted to build an office building or a building with commercial that would be appropriate. He did not feel that any residential on this ownership was appropriate. He wished to verify if any future application would have a different measure for appropriateness – such as a point system. He acknowledged the previous action of the City with the Design Overlay’s PZD requirement had already affected future development of the site. Mr. Tony Bozynski, Director of Planning and Development, indicated there would be no point system and that such a development of office with some commercial was appropriate within the Mixed Use Category. There was some discussion about the definition and whether a development of just two uses also needed a PZD. Based on the Design Overlay District any new development would have to use the Planned zoning District Process. December 15, 2011 ITEM NO.: 11 (Cont.) FILE NO.: LU11-02 9 Ms. JoAnn Coleman addressed the Commission. Ms. Coleman indicated her area of concern was the Gill-Markham site proposed to go from Service Trades District to Residential High Density. She agreed industrial was not appropriate but questioned the High Density Residential. Due to the existing street network and closeness of two schools (Deaf and Episcopal), high density residential is not appropriate. She reviewed the access to the location and indicated she had driven in the area and described the area. A change to residential is good but not to high density. She questioned doing this just because the site is already zoned MF-24. Mr. Bozynski offered to amend the application to Residential Medium Density. Commissioner Rector asked about the Public Institutional change for the ATT switching building and whether this would open it up for office use, etc. Mr. Malone indicated no. The only appropriate use would be Public and any office, residential, commercial or any thing else would require a Plan amendment. Mr. Rector asked about the area along I Street and why it was not considered. The area is zoned R-5 Urban Residential but is primarily single-family. Mr. Malone indicated that would be a ‘Zoning review’ not a ‘Land Use review’ and is a different process with more involvement of the association and residents. Mr. Bozynski indicated that after the first of the year staff would contact the Hillcrest Neighborhood Association and Merchants Association about a zoning review in the area. A motion was made to approve the Land Use amendment package as amended. By a vote of 8 for, 0 against and 3 absent the item was approved. December 15, 2011 I T E M N O . : 1 2 Name: Granite Mountain Neighborhood Action Plan Staff recommends that this item be deferred to the January 5, 2012 Agenda. STAFF RECOMMENDATION: Deferral. PLANNING COMMISSION ACTION: (DECEMBER 15, 2011) The item was placed on consent agenda for deferral. By a vote of 8 for, 0 against and 3 absent the consent agenda was approved 0 0 L? LLJ w ul Z Fn U) a CD J CL 1� tj %^3 W T �J I. i !3. �n as c d N Q7 00 LU U7 U W Of r► L1J W z 0 LU �n • �• d r e$ s e LU C� L C] co LU cn U] © Z = 00 `Z Oz J '-� {I} L u LL LU w Z CL Z Z o LL J' 0- Q��� i !3. �n as c d N Q7 00 LU U7 U W Of r► L1J W z 0 LU • �• d r e$ s e LU C� L C] co LU cn U] © Z = 00 `Z Oz J '-� {I} L u LL LU w Z CL Z Z o LL J' 0- Q��� i -3 L - 2! L 0 of, !1 J [�] o LL! []C !3. �n as c d N Q7 00 LU U7 U W Of r► L1J W z 0 LU December 15, 2011 There being no further business before the Commission, the meeting was adjourned at 5:17 p.m. Date 7 ?--, �-