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pc_01 05 2017LITTLE ROCK PLANNING COMMISSION PLANNING — REZONING — CONDITIONAL USE HEARING MINUTE RECORD JANUARY 5, 2017 4:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. Members Present: Craig Berry Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Scott Hamilton Troy Laha Paul Latture Robert Stebbins Members Absent: Alan Bubbus Open Position City Attorney: Shawn Overton Approval of the Minutes of the November 17, 2016 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING — REZONING — CONDITIONAL USE HEARING JANUARY 5, 2017 4:00 P.M. OLD BUSINESS: A. Z -9166 Naomi's House Group Home — Special Use Permit 217 Auburn Drive B. Z -9177 Newton Parolee /Probationer Housing Facility — Special Use Permit 1423 S. Elm Street NEW BUSINESS: Item Number: File Number: Title: 1. Z -9187 Rezoning from R -2 to R -4 2011/2015 Wilson Road 2. G -23 -464 Alley — Right -of -Way Abandonment Block 4, Deaf Mute Addition 3. Z- 5228 -E Big Rock Fun Park — Revised Conditional Use Permit 11411 Baseline Road 4. Z -9186 St. John Missionary Baptist Church Parking Lot — Conditional Use Permit 1921 East 6t" Street 5. A -329 3M Company 3 Tracts Annexation and Between Granite Mountain and College Station, Fourche Creek and Dulin Road Z -9188 6. LA- 0056 -A Colonel Glenn — Lawson Road Advanced Grading Variance Northwest corner of Colonel Glenn and Lawson Roads January 5, 2017 ITEM NO.: A FILE NO.: Z -9166 Name: Naomi's House Group Home — Special Use Permit Location: 217 Auburn Drive Owner: Chris Henry Applicant: Eddie Ellis Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R -2 zoned property at 217 Auburn Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 217 Auburn Drive is located on the southeastern side of Auburn Drive, south of Shamrock Drive and north of West Markham Street. The property is occupied by a two -story (split - level) brick and frame single family residence. There is a two -car wide driveway from Auburn Drive at the northwest corner of the property. A two -car wide carport is located at the northwest corner of the residence. There is off - street parking for four (4) to six (6) vehicles. There is also on- street parking located along Auburn Drive. All surrounding properties contain single family residential structures and are zoned R -2. The applicant, Eddie Ellis, proposes to utilize the existing 2,663 square foot structure as a group home. The residential facility will house up to eight (8) female residents between the ages of six (6) to seventeen (17). Residents of the home will be suffering from behavioral issues or be in the need of foster care. January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z -9166 The applicant provides the following information with respect to house parents /employees: There will be two (2) staff at the home at all times. House parent Tahara Williams has Bachelors of Social Work Degree with 7 years' experience working with behavioral children. The applicant provides the following information regarding specific activities /services which will take place at this location: The programs that will be provided are a structured stable day -to -day living, by protecting, teaching, and healing the children that reside in the home. The daily operation will include active participation in therapy, school and learning activities. The girls will attend the area local and public schools unless there is a request by legal authority. Our staff will monitor the progress, academics and behavior of each child closely. Transportation will be provided for school, doctors' appointments and counseling by Naomi's House Staff. While living in the home privileges will be earned by phases. The girls will be actively involved in running the home to include planning, shopping and preparing meals, cleaning the house, planning group activities and dealing with daily conflicts. This program will provide many opportunities for each child to learn new skills with staff support. Naomi's House is a small setting so that each child will become familiar with staff while living in a home like environment that is comfortable and full of love. The applicant provides the following information regarding parking: There will be 1 vehicle parked under the carport of the home which will be there around the clock due to it being a transportation van for the home. All other vehicles will only come and go during business hours. There will be no more than 3 vehicles at the home at a time. Those cars will belong to day time staff and part -time staff. The applicant also provides the following information related to the proposed occupancy: During the school year (August through May) there will be no children at the home from the hours of 8 a.m. to 3:30 p.m. unless a child is ill 2 January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z -9166 or school is not in session for that day. School is not in session for holidays which will be Spring, Thanksgiving, and Christmas break. During the summer months children will be attending a summer camp during the day which will be outside of the home. The site is not located on a Rock Region METRO bus route. Route #5 (West Markham Route) and Route #8 (Rodney Parham Route) run along West Markham Street to the south. Section 36 -54(e) (4) of the City's Zoning Ordinance provides the following provisions for Group Care Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing 3 January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-9166 4 facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to an area survey, staff identified one (1) other approved transitional-type residential facility within 1,500 feet of the subject property. A special use permit for a group home was approved in 2013 for the property at 101 N. Plaza Drive. The applicant notes that there will be five (5) bedrooms within the residence, with the maximum residents per bedrooms as noted below. The total number of residents within the home will not exceed eight (8).  Bedroom (1) 223 square feet – 3 residents  Bedroom (2) 183 square feet – 2 residents  Bedroom (3) 191 square feet – 3 residents  Bedroom (4) 189 square feet – house parents  Bedroom (5) 335 square feet – staff office January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-9166 5 Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by eight (8) persons is 850 square feet. As noted earlier the residential structure contains 2,663 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. All of the proposed bedrooms will conform to this requirement. The applicant submitted a bill of assurance for this subdivision. The bill of assurance does not appear to address use issues. The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. The applicant must submit a written Fire Marshal inspection report to staff prior to the October 6, 2016 Planning Commission m eeting. Staff is not supportive of the requested special use permit to allow a group home at 217 Auburn Drive. Staff does not believe the requested use is appropriate for the area. The subject property is located in the center of a large single family neighborhood. All surrounding properties contain single family residences and are zoned R-2. An area survey conducted by staff revealed one (1) other approved special use permit within 1,500 feet of this site. The approved special use permit was for a group home for recovering substance abusers. Staff believes that another special use permit for a transitional-type living facility should not be approved for this neighborhood. Staff believes that a group home at this location could have an adverse impact on the surrounding residential properties. D. Subdivision Committee Comment: (September 14, 2016) The applicant was not present. Staff presented the application noting that only a minimal amount of additional information was needed. Staff noted that an inspection of the structure by the Fire Marshal’s Office must be completed prior to the Planning Commission meeting. After the brief discussion, the Committee forwarded the application to the full Commission for final action. January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-9166 6 E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to operate a group home at 217 Auburn Drive. PLANNING COMMISSION ACTION: (OCTOBER 6, 2016) Staff informed the Commission that the application needed to be deferred based on the fact that the applicant failed to post the notice of public hearing sign as required. The item was placed on the Consent Agenda for deferral to the November 17, 2016 agenda. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. The application was deferred. STAFF UPDATE: Prior to the October 6, 2016 public hearing, Staff requested additional information from the applicant regarding the status of the individuals which would reside at this residence, and additional information on services which would be provided at the facility. The following is the information submitted by the applicant: “ Naomi's House is designed to work with children who require long-term/short- term placement. Some are present with mental illnesses ...Major depression, anxiety, bi pola r disorders, attention deficit/hyper activity disorder, obsessive compulsive disorder, post traumatic distress, autism, etc. Mental illness is a disease that causes mild to severe disturbances in thoughts and/or behaviors, resulting in an inability to cope with life's ordinary demands and routines. Mental health problems may be related to excessive stress due to particular situations or a series of events. Mental illnesses are often physical as well as emotional and psychological. These illnesses or diseases can be brought on by environmental stresses, genetic factors and also some chemical imbalances. But with proper care/treatment and proper medication, people can recover from these illnesses or emotional disorders. Naomi's House vision is to assure that all children/youth in our care are safe, healthy, staying out of trouble, in school and have strong connections with their families and communities. We will provide an array of services for January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-9166 7 young girls ages 6-17, which will include: Functional behavior assessments meaning a problem solving process for addressing child/youth problem behavior. It relies on a variety of techniques and strategies to identify the purpose of specific behavior and to select interventions to directly address the problem behavior and developing behavioral support plans. Naomi's House will provide a full range of mental health services to young at-risk adolescent females. Our service includes the following: Outpatient Mental Health Service for:  Depression and Anxiety  Parent I Child Reunification  Grief Issues  Post Traumatic Stress In-House Services:  24 Hour – 7 days Per Week Supervision  Group Therapy Life Skills  Recreational Therapy/Community Volunteering  Transportation Specialized Services will include:  W eekly/Biweekly/Monthly transportation to Family Group/individual counseling & therapy appointments  Staff Development and Training  Employee Assistance Affiliation Our youth care staff's goal is to provide case management assistance that includes assuring that the medical needs of each child is met. Our intentions are too work closely with Case Managers/Workers. We are here to help children with disability challenges and become more self-reliant. Naomi's January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-9166 8 House aims to provide services to children and youth with training which will include life skills developments, secured school placements and organized home visits. We are here to help access employment opportunities in respect to youth and also access to sports and recreation activities. We also will support and enhance other Social Services programmers such as capacity building and empowerment, social integration and sustainable livelihoods.” Staff, including the City Attorney’s Office, has reviewed the additional information. Based on the specific types of mental health illnesses which at least some of the residents will have, staff believes that the residents will be considered handicapped. As such, staff believes that the type of residential facility proposed should be classified as a “group home” and not a “group care facility”. Additionally, staff made an interior inspection of the residence and measured the rooms proposed for bedrooms. Staff found that there was a minor difference in the area of the bedrooms as provided by the applicant and measured by staff. The property owner informed staff that the original area measurements included the closet space for each room. Based on staff’s measurements, the applicant amended the proposed bedroom occupancy. The proposed occupancy conforms to ordinance standards. Following are the bedroom areas as measured by staff and the proposed occupancy:  Bedroom (1) 182 square feet – 2 residents  Bedroom (2) 154 square feet – 2 residents  Bedroom (3) 160 square feet – 2 residents  Bedroom (4) 150 square feet – 2 residents  Bedroom (5) 315 square feet – staff office and lounge Staff continues to be not supportive of the requested special use permit to allow a group home at 217 Auburn Drive. In addition to the specific reasons noted in section C. of the “Staff Analysis”, staff believes the proposed facility will be too institutional in nature to be located in the center of an established single family neighborhood. The applicant notes that there will be extensive services provided at the residence, including therapy, training, counseling, etc. The applicant did inform staff that family group meetings/interventions could take place at the residence if a state caseworker called for a meeting at this location. In association with the issue of services, traffic is an additional concern for staff. Staff believes that the proposed group home could create a large amount of traffic, with facility staff persons, state caseworkers, family members, etc. reporting to this location, in addition to the transportation of residents which will January 5, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-9166 9 be provided by the facility. Staff believes that because of all the concerns raised in the concluding paragraph in Section C. of the “Staff Analysis” and as noted above, a group home at this location could have an adverse impact on the neighborhood. Staff continues to recommend denial of the requested special use permit to operate a group home at 217 Auburn Drive. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016) Staff informed the Commission that on November 17, 2016 the applicant submitted a letter to staff requesting deferral of the application to the January 5, 2017 agenda. Staff supported the deferral request. A bylaw waiver was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open position to accept the request for deferral less than five (5) days before the public hearing. The item was placed on the Consent Agenda for deferral to the January 5, 2017 agenda. The consent agenda was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (JANUARY 5, 2017) Staff informed the Commission that on December 22, 2016 the applicant submitted a letter requesting withdrawal of the application. Staff supported the withdrawal request. The application was placed on the Consent Agenda for withdrawal. The Consent Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application was withdrawn. January 5, 2017 ITEM NO.: B FILE NO.: Z-9177 Name: Newton Parolee/Probationer Housing Facility – Special Use Permit Location: 1423 S. Elm Street Owner: Terrell Newton Applicant: Terrell Newton Proposal: A Special Use Permit is requested to allow a parolee/probationer housing facility to be operated in the single family residence located on the R-3 zoned property at 1423 S. Elm Street. A. Public Notification: All owners of property located within 200 feet of the site and the Forest Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 1423 S. Elm Street is located at the northeast corner of S. Elm Street and West 15th Street. The property is occupied by a two-story frame single family residence. There is a gravel driveway and parking area in the front yard area, at the southwest corner of the residence. There is also a gravel driveway from West 15th Street which leads into the rear yard area. There is off-street parking for at least four (4) vehicles. The gravel drive/parking areas located between the residence and the streets must be bordered as per ordinance requirements. There is also a paved alley located along the rear (east) property line. On-street parking is allowed in the area. All of the surrounding properties are zoned R-3 and R-4 and contain single family and duplex structures. There are several boarded-up residences and vacant lots in this general area. The applicant, Terrell Newton, proposes to utilize the existing 2,100 square foot structure as a parolee/probationer housing facility. The January 5, 2017 ITEM NO.: B (Cont.) FILE NO.: Z-9177 2 residential facility will house up to twelve (12) male residents who are parolee/probationers. There will be one (1) staff member at the residence at all times. The staff member(s) will work twelve (12) hour shifts. The applicant notes that some services such as job placement and employment training will take place at the residence. An additional staff person will report to the residence for these services. The applicant also notes that the residents will not drive. They will utilize public bus transportation where possible. The applicant will provide transportation when bus routes are not sufficient. The site is not located on a Rock Region Metro bus route. Route #3 (Baptist Medical Center Route) runs along West 12th Street to the north, and Route #16 (UALR Route) runs along West 20th Street to the south. Section 36-54(e) (4) of the City’s Zoning Ordinance provides the following provisions for Group Care Facilities, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. January 5, 2017 ITEM NO.: B (Cont.) FILE NO.: Z-9177 3 (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. According to an area survey, staff identified two (2) other approved transitional-type residential facilities within 1,500 feet of the subject property. The other residential facilities are as follows:  4017 West 12th Street – approved special use permit for a group home for up to twelve (12) female residents.  1200 Valentine Street – Will’s House – residential facility for up to thirteen (13) male residents recovering from substance abuse. January 5, 2017 ITEM NO.: B (Cont.) FILE NO.: Z-9177 4 The applicant notes that there will be four (4) bedrooms within the residence, with the maximum residents per bedrooms as noted below. The total number of residents within the home will not exceed 12.  Bedroom (1) 169 square feet – 2 occupants  Bedroom (2) 169 square feet – 2 occupants  Bedroom (3) 200 square feet – 3 occupants  Bedroom (4) 300 square feet – 5 occupants Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 12 persons is 1,250 square feet. As noted earlier the residential structure contains 2,100 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. All of the proposed bedrooms will conform to this requirement. The applicant submitted a bill of assurance for this subdivision. The bill of assurance does not appear to address use issues. Staff informed the applicant that the Little Rock Fire Marshal needed to inspect the residential structure, with a written inspection report submitted to staff prior to the public hearing. As of this writing, staff has not received the inspection report. Staff is not supportive of the requested special use permit to allow a parolee/probationer housing facility at 1423 S. Elm Street. Staff does not believe that the proposed residential facility will be compatible with the neighborhood. As noted previously, staff noted that there are two (2) residential living facilities which could be identified within this neighborhood area, within 1,500 feet from the subject property. Staff feels that the proposed occupancy of twelve (12) residents and one (1) staff (with additional staff reporting to the site) is too intense for this area. The proposed occupancy is very institutional in scale. All of the surrounding properties are small scale residential properties, mostly single family residences. Staff believes that a parolee/probationer housing facility for twelve (12) residents at this location could have an adverse impact on the surrounding residential properties. January 5, 2017 ITEM NO.: B (Cont.) FILE NO.: Z-9177 5 D. Subdivision Committee Comment: (October 26, 2016) Terrell Newton was present, representing the application. Staff briefly described the proposed parolee/probationer housing facility request. The issue of parking was briefly discussed. Mr. Newton stated that he would provide transportation to the residents if a bus route was not available, as none of the residents would drive. Staff noted that ample parking existed for the staff person(s) who would be at the residence. Staff noted that no additional information was needed at this time. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to operate a parolee/probationer housing facility at 1423 S. Elm Street. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2016) Staff informed the Commission that on November 16, 2016 the applicant submitted a letter to staff requesting deferral of the application to the January 5, 2017 agenda. Staff supported the deferral request. A bylaw waiver was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open position to accept the request for deferral less than five (5) days before the public hearing. The item was placed on the Consent Agenda for deferral to the January 5, 2017 agenda. The consent agenda was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. The application was deferred. PLANNING COMMISSION ACTION: (JANUARY 5, 2017) Terrell Newton was present, representing the application. There were several objectors present. Staff presented the application with a recommendation of denial. Terrell Newton addressed the Commission in support of the application. Mr. Newton explained that there was a need for housing for parolee/probationers. He noted that his facility would have strict house rules. He stated that he could reduce the number of residents proposed if needed. He explained that residents would take part in training and would be required to work. January 5, 2017 ITEM NO.: B (Cont.) FILE NO.: Z-9177 6 Rohn Muse, President of Forest Hills Neighborhood Association, addressed the Commission in opposition. He explained that he was opposed fo r the same reasons as stated by staff and noted in his letter dated November 9, 2016. Erma Peterson, President of the Hope Neighborhood Association, also spoke in opposition. She explained that the proposed use would not be compatible with the neighborhood area. She noted that there was much police activity in this area. She stated that the Stephens Area Faith Neighborhood Association was also opposed to the application. Katina Holliman also spoke in opposition. She stated that she was the secretary of the Hope Neighborhood Association. She expressed concern with crime in the area. She noted that there was a day care three (3) blocks from the subject property. Marion Lewis-Lognion also spoke in opposition. She stated that she was the Vice President of the Hope Neighborhood Association. She noted that she had lived in the neighborhood since 1972 and expressed concerns with crime and drug issues. Anika Whitfield also spoke in opposition. She explained that she had been working to upgrade the neighborhood with a community garden, etc. She noted that job opportunities were not readily available in this area. She explained that the proposed use would not be compatible with the neighborhood. Mr. Newton explained that he had extensive experience in wo rking with parolee/probationers. He noted that persons living in his facility would be trained and be given job opportunities. He noted that this was the first time he had filed an application. He explained that his facility had strict rules and training for the residents. He further explained his training and job placement criteria. Commissioner Hamilton asked about Mr. Newton’s experience. Mr. Newton explained that he had extensive job training experience. Commissioner Hamilton asked why Mr. Newton chose this location. Mr. Newton noted that he owned the house and had been using it as a rent house. He also noted that the State Department of Corrections had reviewed his plan. Commissioner Latture asked who pays for the residents. Mr. Newton noted the Department of Corrections. Commissioner Cox asked if staff could support the application if Mr. Newton reduced the number of proposed residents. Tony Bozynski, Director of Planning and Development, explained that the concern was with the institutional type of use proposed and the impact it would have on a fragile neighborhood. Commissioner Finney noted that she did not support the proposed use in this neighborhood. Commissioner Laha asked what type of skills Mr. Newton would teach. Mr. Newton stated that it would be based on the individual’s past experience. January 5, 2017 ITEM NO.: B (Cont.) FILE NO.: Z-9177 7 There was a motion to approve the application. The motion failed by a vote of 0 ayes, 9 nays, 1 absent and 1 open position. The application was denied. January 5, 2017 ITEM NO.: 1 FILE NO.: Z-9187 Owner: Mary Gisele Sullivan Applicant: Kenny Whitfield, Perry’s Pennies, LLC Location: 2011/2015 Wilson Road Area: 0.32 Acre Request: Rezone from R-2 to R-4 Purpose: To construct two (2) duplex structures Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped lots and single family residences; zoned R-4 and R-2 South – Single family residences and duplex structures; zoned R-2 and R-4 East – Single family residences; zoned R-2 West – Undeveloped lots and single family residences (across Wilson Road); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Wilson Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. The maximum driveway width for residential use is 20 ft. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow, Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of the public hearing. January 5, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z-9187 2 D. LAND USE ELEMENT: Planning Division: This request is located in i-430 Planning District. The Land Use Plan shows RL (Residential Low Density). Residential Low Density category provides for single family homes at densities not to exceed 6 units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to R-4 (Two Family District) to allow building two duplexes. Master Street Plan: To the west of the property is Wilson Road and it is shown as Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Mary Gisele Sullivan, owner of the .32 acre property located at 2011/2015 Wilson Road, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The property is located on the east side of Wilson Road south of West 20th Street. The rezoning is proposed to allow the construction of two (2) duplex structures on the site. The property is comprised of two (2) platted lots. The lots are currently undeveloped and partly wooded. The property has a slight slope upward from west to east and south to north, basically following the elevation of Perry Street. Single family residences are located north and east of the subject property, with two (2) duplex structures (zoned R-4) immediately to the northeast. Vacant lots, single family residences and duplex structures are located to the south. Undeveloped lots and single family residences are located across Wilson Road to the west. The two (2) lots immediately north of the subject property were recently rezoned to R-4. The City’s Future Land Use Plan designates this property as Residential Low Density (RL). The requested R-4 zoning does not require an amendment to the plan. January 5, 2017 ITEM NO.: 1 (Cont.) FILE NO.: Z-9187 3 Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is comprised of two (2) platted single family lots. Two (2) duplex structures will only be a minor increase in the original p latted density. New duplex structures have been recently developed within this neighborhood. Staff recently conducted a survey of this neighborhood, between West 16th Street and West 24th Street, and Aldersgate Road to Junior Deputy Road. The survey counted the total number of residential lots within this area, and how many of the total residential lots are zoned R -4. Staff found that there are 368 total residential lots within this area, and that 29 are zoned R-4. This represents R-4 zoning on a total of 7.88 percent of the overall residential lots within this neighborhood. The two (2) lots proposed for R-4 zoning would raise this ratio to 8.42 percent. Staff feels that his represents a very minimal percentage of the overall residential area. Staff believes the applicant’s plan to construct two (2) new duplexes will be a quality, in-fill type, development for this general area south of West 18th Street. Staff believes rezoning this property to R-4 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: (JANUARY 5, 2017) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval, as recommended by staff. The Consent Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application was approved. January 5, 2017 ITEM NO.: 2 FILE NO.: G-23-464 Name: Alley – Right-of-Way Abandonment Location: Block 4, Deaf Mute Addition (Block bounded by West 2nd, West 3rd and Bishop Streets) Owner/Applicant: Various owners/Brian Dale, White-Daters and Associates Request: The request is to abandon the 30 foot wide alley right-of-way (30 feet by 190 feet) located along the west side of Block 4, Deaf Mute Addition. Purpose: After abandonment, the area of abandonment will be incorporated into the adjacent properties to the east and west for development of a new office building, drives and parking. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. All the area of abandonment will be retained as a utility and drainage easement. Public Works has reviewed the abandonment request and has the following comment: 1. Easements are required to be provided for all storm water drainage. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the right-of-way is not classified as collector street or higher. C. Characteristics of Right-of-Way Terrain: The alley right-of-way is currently undeveloped. The right-of-way generally slopes downward from south to north. Some site work has taken place in preparation of new development. D. Development Potential: The alley right-of-way is being abandoned in order to redevelop the right-of-way area, along with properties to the east and west, for an access drive and parking to serve new and existing uses along the east side of the right-of-way area. January 5, 2017 ITEM NO.: 2 (Cont.) FILE NO.: G-23-464 2 E. Neighborhood and Land Use Effect: The properties on the east side of the alley right-of-way contain commercial buildings. One (1) of the structures has been removed in preparation for construction of a new office building. The property on the west is currently undeveloped. A new parking lot to serve the new office building will be constructed on this west property. F. Neighborhood Position: All abutting property owners have signed-off on the abandonment request. The Capitol View – Stifft Station and Downtown Neighborhood Associations were notified of the abandonment request. G. Effect on Public Services or Utilities: Little Rock Wastewater: No objection to abandonment. Retain area of abandonment as a utility easement. Entergy: Entergy does not object to this proposal. There do not appear to be any existing Entergy facilities contained in the alley which would prevent its abandonment. If there is any development to take place within these bounds please be aware that an overhead secondary circuit is feeding along 3 rd Street. Contact Entergy in advance to discuss future service requirements, new facilities locations and adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No objection to abandonment. There appears to be a service line in possible conflict with construction. Contact utility before construction takes place. AT&T (SBC): No objection to abandonment. Retain area of abandonment as a utility easement. Central Arkansas Water: No objection to abandonment. H. Reversionary Rights: Information submitted by a licensed abstract company notes that no reversionary rights were found of record. I. Public Welfare and Safety Issues: Abandoning this right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. January 5, 2017 ITEM NO.: 2 (Cont.) FILE NO.: G-23-464 3 SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2016) Brian Dale was present, representing the application. Staff briefly described the proposed abandonment request. Staff noted that all required documents had been submitted by the applicant, and that there were no outstanding issues. The proposed alley abandonment was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the 30 foot wide alley right-of- way located along the west side of Block 4, Deaf Mute Addition, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (JANUARY 5, 2017) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval, as recommended by staff. The Consent Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application was approved. January 5, 2017 ITEM NO.: 3 FILE NO.: Z-5228-E NAME: Big Rock Fun Park – Revised Conditional Use Permit LOCATION: 11411 Baseline Road OWNER/APPLICANT: MHH Properties, LLC/Marci H. Hall PROPOSAL: A revised conditional use permit is requested to allow the addition of a maze/ropes course feature to the existing Big Rock Fun Park development, on this I-2 zoned, 7.07 acre tract. 1. SITE LOCATION: The site is located at the southeast corner of Baseline Road and Interstate 430. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning. A storage facility is located on the I-2 zoned property immediately to the east, with undeveloped, PCD zoned property further east and immediately to the south. A State Highway Department facility is located on the R-2 zoned property across Baseline Road to the north. A light industrial-type development is located to the northwest across Baseline road. Interstate 430 is located along the west property boundary. In staff’s opinion, the proposed improvement to the existing outdoor amusement park facility will 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 Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the site will be via an existing driveway at the northeast corner of the site. The driveway serves an existing paved parking lot at the northeas t corner of the development. The existing parking lot contains approximately 80 spaces. Parking and access are appropriate for the use. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. January 5, 2017 ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E 2 Any exiting landscape or irrigation disturbed by construction shall be repaired or replaced before completion and final acceptance of the project. 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: 1. Baseline 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. The existing right-of-way width cannot be determined. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: No comments received. Entergy: Entergy does not object to this proposal. However, there are existing overhead electrical facilities in the vicinity of all proposed upgrades. A three phase power line runs along Baseline Road near the proposed maze and ropes course. A three phase transformer bank pole exists near the location of the proposed building, and there are poles and lights near the location of the pool area. Entergy requests that all NESC and OSHA clearance requirements be followed and maintained. Contact Entergy in advance to discuss any changes to electrical service requirements , or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Fire Department: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. January 5, 2017 ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E 3 Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: No comment. County Planning: No comment received. Rock Region METRO: Location is currently served by METRO on route 23 Baseline/ Southwest. We recommend continuation of pedestrian infrastructure for access to the transit system. The closest stop is at baseline and Sibley Hole Rd. where employees could ride the bus to work. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2016) Marci Hall was present, representing the application. Staff presented the item, noting that a minimal amount of additional information was needed. In response to a question from staff, Ms. Hall noted that the overall height of the maze structure would be 18 to 20 feet. Ms. Hall also noted that there would be a minimal amount of signage for the maze/ropes course feature The Public Works requirement was briefly discussed. Staff noted that the centerline of the right -of- way needed to be shown on the survey. The landscape/buffer comments were January 5, 2017 ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E 4 also briefly discussed. Staff noted that a variance was requested for a reduced front setback for the maze structure. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: A revised conditional use permit is requested to allow for the addition of a maze/ropes course feature to the existing Big Rock Fun Park development at 11411 Baseline Road. The property is zoned I-2 and is comprised of 7.07 acres. The existing outdoor amusement park use contains a go cart track, mini -golf course, batting cages and other features. A building which contains indoor amusement games, concessions and restroom facilities is located near the center of the site. On January 30, 1996, the Planning Commission approved a conditional use permit to allow for the development of this outdoor amusement park. In 1998 and 2013 revised conditional use permits were approved to add features to the park. Access to the site is via a driveway at the northeast corner of the site. The driveway serves a parking lot at the northeast corner of the overall property. The parking lot contains approximately 80 spaces. The applicant proposes to add a maze/ropes course feature to the existing outdoor amusement park facility. The proposed maze/ropes course feature will be located near the front of the property, between the existing parking lot and the go cart track. The maze/ropes course structure will be approximately 56 feet by 56 feet in area. A maze will be located at ground level, with a ropes course above the maze. The ropes course will be unenclosed. It will be covered with a canvas tarp shade cover and not a solid roof. The maze/ropes course structure will have an overall height of 18 to 20 feet. The structure will be lighted for night use with lighting low level and interior to the maze/ropes course structure. The lighting will not glare onto adjacent property or the roadway. There will be a minimal amount of signage over the entrance of the maze/ropes course structure. The signage will be interior to the site. The re will be no signage on the street (north) side of the structure. The applicant is requesting one (1) variance with the proposed maze/ropes course addition to the existing development. The proposed maze/ropes course structure will be located approximately 15 feet back from the front (north) property line, after additional right-of-way dedication for Baseline Road. Section 36-320 (e) (1) of the City’s Zoning Ordinance requires a minimum front setback January 5, 2017 ITEM NO.: 3 (Cont.) FILE NO.: Z-5228-E 5 of 50 feet for this I-2 zoned property. Therefore, the applicant is requesting a variance to allow the reduced front setback. Staff supports the requested variance. The existing development of the property is not a traditional light industrial development, with a large building or buildings and associated parking between the building(s) and the roadway. This is a unique outdoor amusement park development where the attractions are brought closer to the street access to generate interest and identify the site. Staff believes the reduced front setback for the maze/ropes course structure will have no adverse impact on the adjacent properties or the general area. To staff’s knowledge, there are no outstanding issues. Staff believes the proposed addition to the existing outdoor amusement development is an appropriate use for the site. STAFF RECOMMENDATION: Staff recommends approval of the requested revised CUP, subject to compliance with the following conditions: 1. Compliance with the comments and conditions as noted in Sections 4, 5 and 6 of the agenda staff report. 2. Site lighting for the new maze/ropes course structure must be directed inward to the facility and not glare onto the adjacent roadway. 3. Any additional signage for the maze/ropes course structure must be located on the interior of the site and not on the north, street side of the structure . Staff recommends approval of the requested variance to allow a reduced front setback of 15 feet, after any additional right-of-way dedication, for the proposed new structure. PLANNING COMMISSION ACTION: (JANUARY 5, 2017) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The applicat ion was placed on the Consent Agenda for approval, as recommended by staff. The Consent Agenda was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. The application was approved. January 5, 2017 ITEM NO.: 4 FILE NO.: Z-9186 NAME: St. John Missionary Baptist Church Parking Lot – Conditional Use Permit LOCATION: 1921 East 6th Street OWNER/APPLICANT: St. John Missionary Baptist Church/ Pastor C. B. Robinson PROPOSAL: A conditional use permit is requested to allow for construction of a church parking lot on this R-4 zoned, 0.21 acre lot. 1. SITE LOCATION: The site is located at the southwest corner of East 6th Street and Kimball Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The subject property is zoned R-4. The property is located in an area of mixed uses and zoning. R-4 zoned property containing single family homes and vacant lots is located to the south and east. I-2 zoned property is located further east. St. John Missionary Baptist Church is located across East 6th Street to the north. PR zoned property is also located across East 6th Street. C-3 zoned property is located immediately to the west, with single family residences to the southwest. I-2 zoned property and uses are located further west along Bender Street and Bond Avenue. A Little Rock School District warehouse facility is located to the northwest. In staff’s opinion, the proposed parking lot development to serve the existing church development across East 6th Street to the north will be compatible with the neighborhood. Notice of the public hearing was sent to all owners of property located within 200 feet of the site and the East Little Rock Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the site will be via driveways from Kimball Street along the east property line and from the alley right-of-way along the west property line. The alley right-of-way will be improved from East 6th Street to the driveway access. The site will not be gated. January 5, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9186 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. The maximum dimension required shall be fifty (50) feet. The property is located in the City’s designated mature area. A twenty-five (25%) percent reduction of the perimeter width requirements is acceptable. A minimum six (6) foot nine (9) inch buffer is required adjacent to the East 6th Street and Kimble Street right-of-ways. Screening requirements will need to be met for the vehicular use areas adjacent to street rights-of-way. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. The property is located in the City’s designated mature area. A twenty-five (25%) percent reduction of the perimeter width requirements is acceptable. A minimum six (6) foot nine (9) inch perimeter planting strip is required between the back of the curb and the south property line. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. The property is located in the City’s designated mature area. A 25% reduction of the interior parking requirements is acceptable. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre there shall be a water source within seventy-five (75) feet of the plants to be irrigated. January 5, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9186 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: 1. E.6th St. is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. Kimball St. is classified on the Master Street Plan as a commercial street. A dedication of right-of-way 30 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of E. 6th St. and Kimball St. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Kimball St including 5-foot sidewalks with planned development. The new back of curb should be located 15.5 ft. from centerline. 5. Sidewalks with appropriate handicap ramps are required to be installed adjacent to E. 6th St. in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. The E. 6th St. curb and gutter should be cleaned all debris and vegetation removed. 7. The existing alley on the west should be paved with asphalt a minimum width of 20 ft. from E. 6th St. to the south property line. 8. All driveways shall be concrete aprons per City Ordinance. The existing alley apron should be reconstructed to meet CLR detail PW -35. 9. If gates are proposed to be installed, they should be shown on plans and located at least 20 ft. from the Kimball St. curb. 10. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: No comments received. Entergy: Entergy does not object to this proposal. A power line exists along East 6th Street in front of the proposed parking lot. It does not January 5, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9186 4 appear to be in conflict with the proposed development. Care must be used to maintain proper clearances in the construction of any entry drives to this property as they will be constructed underneath the existing power line. Contact Entergy in advance to discuss future service requirements, new facilities locations and adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Fire Department: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. January 5, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9186 5 Building Codes: No comments. County Planning: No comment received Rock Region METRO: Location is currently served by METRO on route 6 Clinton Presidential Center/ Airport. The location is directly on the transit route. We recommend improvement to the existing sidewalks for continued access to the transit route. Route 6 does have Sunday service 8:30AM to 4:30PM. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (DECEMBER 7, 2016) Pastor C. B. Robinson and other church members were present, representing the application. Staff presented the item, noting that minimal amount of information was needed. In response to a question from staff, Pastor Robinson noted that the proposed parking lot will not be gated. Staff noted that a variance needed to be requested for reduced street and land use buffers along the north, south and east perimeters of the proposed parking lot. The Public Works requirements were briefly discussed. It was noted that the alley along the west property line would be improved with 20 feet of pavement width to just past the proposed driveway. The Landscape/Buffer requirements were also discussed. It was noted that a variance needed to be approved by the City Beautiful Commission for reduced perimeter landscape strips. The variance issue was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: A conditional use permit is requested to allow for the construction of a church parking lot on this vacant, R-4 zoned, 0.21 acre lot. The property is located at the southwest corner of East 6th Street and Kimball Street. The lot is vacant. An old single family residence was recently removed from the property. The proposed parking lot will serve the existing church use across East 6 th Street to the north. The proposed parking lot will contain 24 paved parking spaces. Access to the lot will be via driveways from Kimball Street and the alley right -of- way along the west property line. Perimeter landscape and buffer strips will be January 5, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9186 6 provided along all lot lines. Interior landscaping will also be provided. The proposed parking lot will not be gated. Section 36-522 (b) of the City’s Zoning Ordinance requires six (6) foot nine (9) inch land use and street buffers along the north, south and east perimeters. The proposed site plan provides a four (4) foot wide buffer along the east (Kimball Street) property line and three (3) foot wide buffers along the north and south property lines. Therefore, the applicant is requesting a variance to allow the reduced buffers. Staff is supportive of the requested buffer variance. The lot is relatively small, being only 66 feet wide and 140 feet deep. In order to provide the required parking stall depth and maneuvering area, the minimum required buffers widths are deficient. The applicant is splitting the remaining area to provide three (3) foot buffers along the north and south perimeters. The City Beautiful Commission will also need to approve a variance for reduced perimeter landscape strips (width). All of the required plantings (number of trees and shrubs) will be able to be placed within the buffer/land scape strips as proposed. To staff’s knowledge, there are no outstanding issues. Staff believes the proposed church parking lot is an appropriate use for the site . STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the following conditions: 1. Compliance with the comments and conditions as noted in Sections 4, 5 and 6 of the agenda staff report. 2. The site is not to be gated. 3. The City Beautiful Commission must approve the variance for reduced landscape strip width. Staff recommends approval of the requested variance to allow reduced land use and street buffer widths. PLANNING COMMISSION ACTION: (JANUARY 5, 2017) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval, as recommended by staff. The Consent Agenda was approved by a vote of 8 ayes, 0 nays, 1 recusal, 1 absent and 1 open position. The application was approved. January 5, 2017 ITEM NO.: 5 FILE NO.: A-329/Z-9188 NAME: 3M Company 3 Tracts Annexation REQUEST: Accept 111.4 acres plus or minus in three areas to the City LOCATION: Three areas: 1) Either side of I-440, west of Frazier Pike 53.36 AC; 2) East of State Highway 365, north of McGeorge rail spur 59.45 AC; 3) northwest of E 38th and West Line Street 1.59 AC SOURCE: Margaret Johnston, Mitchell Williams Law, agent for 3M Company GENERAL INFORMATION:  The County Judge signed the annexation order on November 21, 2016.  All the Tracts are undeveloped and proposed to be used for Mining or as buffers to Mining areas.  There is one property owner.  The sites are contiguous to the City of Little Rock along at least one boundary in each case.  The annexation request is to obtain City services.  Tract 1 is wooded with a Freeway and rail spur traversing it (generally the 3000-3200 blocks of Frazier Pike); Tract 2 is partial wooded bounded by a state highway, rail spurs and 3M mining operation (generally the 5600-5900 blocks of State Highway 365); Tract 3 is wooded and is between the 3M rock crushing facility and single family houses (west edge of College Station) (generally northwest of the intersection of East 38 th and West Line Streets).  Tract 1 is zoned R-3, Single Family; Tract 2 is not zoned; Tract 3 is zoned R-3, Single Family. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department has indicated they have on issues or concerns with the annexation. Police: The Little Rock Police Department has indicated they have no concerns or issues with the annexation. January 5, 2017 ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188 2 Infrastructure and Community Facilities: Rock Region METRO Transit: Rock Region Metro notes that a portion of the annexation is along State Highway 365 which is a transit route. Thus, the annexation will impact the City’s funding for Rock Region by adding 0.21 miles of route (i.e. increase annual funding based on the formula using miles of transit route within each jurisdiction). Parks and Recreation: No Comment Received. Public Works: Little Rock Solid Waste has no concerns or issues with the annexation. Public Works – Civil, has indicated they have no issues with the annexation request. Pulaski County Planning: Pulaski County Planning and Development has indicated they have no issues or concerns with that annexation. Arkansas Geographic Information Office: AGIO expressed no concerns with the annexation and noted the applicant had followed ARK CODE 14 -40-101. Utilities: Central Arkansas Water: No Comment Received. Entergy: Entergy Arkansas indicates there are overhead power lines which exist on all three Tracts that might require relocation depending on future development on the Tracts. Reliant-Energy: No Comment Received. Wastewater Utility: Indicates there is no sewer service available or in the vicinity of Tract 2. There is no sewer services to Tract 1. There is a sewer main running through Tract 3, which must remain in service. AT&T: No Comment Received. Schools: Little Rock: The Little Rock School District has indicated they have no issues or concerns with the proposed annexation. The annexation areas are not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation areas are within the Pulaski County Special School District. January 5, 2017 ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188 3 ANALYSIS: 3-M Company annexed a large portion of their ownership into the City of Little Rock in 1990 including their mining operation off Arch Street Pike and crushing complex off 3-M Road. This was accomplished with Ordinance 15,984 and was to assure City Services to those facilities. 3-M Company is now requesting to add additional lands, which it owns, to the City close to some of the original 1990 annexation. Three Tracts are included with the current request. 3-M Company intends to use this land for either additional Mining operations and/or as a buffer for their existing mining and related faculties. The three Tracts are located between the Granite Mountain section of Little Rock and the community of College Station. They are all undeveloped and wooded or are areas where former structures have been removed and the land is returning to a natural cover. Tract 1 is south of Fourche Creek and west of Frazier Pike. It is wooded and zoned R-3, Single Family. This area was zoned as part of the College Station classification process in 1999 – Ordinance 18142. The City completed this classification of land as a pre-requisite to allowing the wastewater service in the area to be connected to the Little Rock wastewater system. There is an interstate highway (I-440) and rail spur that traverse this Tract. The city limits of Little Rock forms the north, south and west boundaries of the Tract. Tract 2 is east of Highway 365 at King Road (Dulin Road). This land is returning to a natural state. The land being annexed is surrounded by rail spurs on the south and east, State Highway 365 on the west and the city limits of Little Rock on the north. This land is currently not zoned. The applicant has reque sted the City classify this land to ‘M’, Mining as part of the annexation. 3 -M Company’s land to the north, currently has the ‘M’, Mining classification and there is a mining operation on that land. Tract 3 is primarily within the City currently. The portion within the City is currently zoned ‘M’, Mining with an OS, Open Space strip along the current City Limits. This was done with the annexation of this land in 1990. The portion currently outside the City Limits (1.59 Acres of the16.61 acres in Tract 2) is zoned R-3, Single Family. This portion was zoned as part of the College Station classification process in 1999. 3-M Company would like annexation so that they would receive police and fire protection from the City of Little Rock, rather than the sheriff’s office and volunteer fire departments. They also would like code enforcement, sanitation service and the right to extend to water and wastewater services. They are using a new part of state law (14-40-609) that allows a property owner to annex just their property to a City. This section of the annexation laws of Arkansas was January 5, 2017 ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188 4 added in the 2015 legislative session. The County has verified there is only one owner and approved the request as called out in that statute. The areas requesting annexation are adjacent to the City Limits. The Pulaski County Judge in his Annexation Order has included all public streets and right-of-way abutting or traversing the Tracts. The City’s annexation ordinance will be in conformance with the Pulaski County Judge’s Order and include adjacent street rights-of-way into the City of Little Rock. This would add Interstate 440 in Tract 1; State Highway 365 in Tract 2; and the right-of-ways for: East 38th Street from Little Rock Avenue to West Line Street, and West Line Street from 38th Street to 37th Street. The other right-of way adjacent to Tract 3 was annexed in with the 1990 3M annexation. 3M is not planning to construct any structures on the tracts that would require water and wastewater service. However there are water lines adjacent to all three tracts from which service could be connected by the applicant. There are also wastewater lines near both Tracts 1 and 3 to which the applicant could extend lines for service. The closest wastewater line to Tract 2 is over 2100 feet. If the applicant wishes service to their Tracts they would have to extend lines from the current locations to their site and coordinate this with the Little Rock Wastewater Utility. Since 3M is a commercial use, solid waste removal is done b y private contract and no additional demands would be made on the City solid waste section. The City would add approximately 800 to 900 linear feet of substandard local streets with Tract 3 (portions of 38th and West Line Streets). The other Tracts would add no maintenance costs since Highway 365 and I-440 are the maintenance responsibility of the State Highway Department. However, the annexation along State Highway 365 would add 0.202 miles of additional transit service route mileage to Little Rock’s annual funding formula obligates to Rock Region Metro. The closest fire station (Station 13) is located at 1105 East Roosevelt Road. From this station via existing streets is just over 1.5 miles to Tract 1, 2.5 miles to Tract 3 and 2.4 miles to Tract 2. Station 4, 7500 Lindsey Road, is the next closest station with runs of 3.1 miles to Tract 1, 2.9 miles to Tract 3 and 3.9 miles to Tract 2. As a part of the annexation, Tract 2, along State highway 365 will be classified (Case file Z-9188). The other areas included with this annexation are already zoned. Tract 2 along the east side of State Highway 365 will be classified to ‘M’, Mining. The land to the north of this tract is already zoned ‘M’, Mining and 3M Company intends to use the property as either mining or as a buffer to their mining operations. In this general area there is mining and related uses to the north and west of the annexation Tract. As stated previously the land within this Tract is currently vacant and returning to a natural state. The Tract is generally January 5, 2017 ITEM NO.: 5 (Cont.) FILE NO. A-329/Z-9188 5 in the 5600 through 5900 blocks of State Highway 365. It is bounded by the City to the north and rail spurs to the east and south, with state highway 365 to the west. The City Land Use Plan for this area shows both Mining and Light Industrial uses in the vicinity. Staff Recommendation: Approval of the annexation as requested and the classification of Tract 2 to ‘M’, Mining. PLANNING COMMISSION ACTION: (JANUARY 5, 2017) The item was placed on the consent agenda for approval. B y a vote of 9 for, 0 against, 1 absent, and 1 vacant position the consent agenda was approved. January 5, 2017 ITEM NO.: 6 FILE NO.: LA-0056-A NAME: Colonel Glenn – Lawson Road Advanced Grading Variance LOCATION: North side of Colonel Glenn Road at Lawson Road APPLICANT: Bowman Plaza Lot 4 LLC APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 6.5 acres CURRENT ZONING: Planned Commercial Development (PCD) VARIANCES/WAIVERS REQUESTED: The renewal of a previously approved variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 6.5 acres. A. PROPOSAL/REQUEST: Applicant is requesting the renewal of a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 6.5 acres on the northside of Colonel Glenn Road. The previous approval was granted by the Planning Commission on October 3, 2013. Since a grading permit was not issued and excavation did not occur within 3 years of the Planning C ommission approval, a new approval of the variance is required. Advanced grading is requested to occur on the subject property located on the north side of Colonel Glenn Road at the Colonel Glenn Road/Lawson Road intersection approximately 0.5 miles west of I-430. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Cut material is proposed to be removed from the site to a nearby construction site. B. EXISTING CONDITIONS: The 6.5 acre area is hilly with dense trees. The subject property is zoned Planned Commercial Development (PCD). The subject property is located within the Little Rock city limits. Advanced grading was approved for the subject property On October 3, 2013 but excavation did not occur on the property. The southern portion of the property is proposed to be used to realign Colonel Glenn Road to the north and reduce the street curvature. East of the subject property is a developed property zoned planned office development with office and warehouse uses. West of the subject property is an undeveloped property outside of the Little Rock city limits zoned R -2. South of January 5, 2017 ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A 2 the subject property is Colonel Glenn Road. South of Colonel Glenn Road, east of Lawson Road is grocery store on property zoned R-2. South of Colonel Glenn Road, west of Lawson Road is Kinco Contractors. The property is zoned planned commercial development. In addition to Kinco Contractors, there is a volunteer fire station on property zoned R-2. North of the subject property is R-2 zoned properties. One property on the north is used as a mobile home park. The other property is undeveloped. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications b eing mailed by the applicant to all adjacent property owners including those across streets and alleys. Also at the time of writing, staff has received one (1) telephone call desiring additional information. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Per Sec. 29 -197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft . where the subject property is adjacent to other properties. The minimum width shall be 80 ft. where the subject property is adjacent to arterial streets (Col. Glenn Road). In no event shall these buffers be less than the width of the permanent buffers required for the development. The maximum buffer January 5, 2017 ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A 3 width shall not exceed 100 ft. The elevation of the top of berms is determined by the elevation required to obstruct visibility. 7. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. 8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 9. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 11. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 12. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 13. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 14. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access to these buffer areas. 15. At the completion of the land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover established. 16. Where is the proposed destination of the fill material? E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Brian Dale of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. January 5, 2017 ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A 4 G. ANALYSIS: The applicant is proposing to clear and grade approximately 6.5 acres. Fill material will be cut from the subject property and trucked to a nearby construction site. A grading permit is required to be obtained for the nearby construction site prior to land alteration activities. The previous variance approval was granted by the Planning Commission on October 3, 2013. Since a grading permit was not issued and excavation did not occur within 3 years of the Planning Commission approval, a new approval of the variance is required. Gravel construction entrances will be located off Colonel Glenn Road. The proposed grading plan shows a maximum 32 ft . cut to occur on the subject property. The applicant has agreed that grading will occur expeditiously and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year main tenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in th e constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of top soil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant has amended the application to comply with staff’s comments. The applicant will provide a 50 ft. undisturbed buffer measured from the west and north property line. The area adjacent to Colonel Glenn Road will be graded and cleared. A berm will be installed along Colonel Glenn Road. The berm will be constructed with 3:1 side slopes and grad ed with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. The area adjacent to the east property line will be graded and cleared to the property line. A berm will be installed along the east property line. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. Orange fencing will be installed along all undisturbed buffers to prevent entry. January 5, 2017 ITEM NO.: 6 (Cont.) FILE NO.: LA-0056-A 5 H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following condition: 1. A 50 ft. undisturbed buffer should be maintained along the western and northern property lines; 2. A berm will be constructed adjacent to Colonel Glenn Road to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 3. A berm will be constructed adjacent to the east property line to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. I. PLANNING COMMISSION ACTION: (January 5, 2017) The applicant was present. Staff recommended the item be placed on consent approval subject to the compliance with staff’s recommendations and all comments and conditions. There was no further discussion. The item was placed on the consent agenda for approval. The item was approved by the Planning Commission subject to the compliance with all comments and conditions by a vote of 9 ayes, 0 noes, 1 absent, and 1 open position. DATEi /1IlI NLAINININU t>UIVI,IVtIJJIUIV VU I t KtLUKU (�ONSEN-r e3 /r - / _.J MEMBER Li BERRY, CRAIG BUBBUS, ALAN BYNUM, BUELAH , COX, KEITH G DILLON, JANET FINNEY, REBECCA HAMILTON, SCOTT LAHA, TROY VT LATTURE, PAUL �. MEMBER LpJ - BERRY, CRAIG BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA HAMILTON, SCOTT LAHA, TROY LATTURE, PAUL 57- E 331NS, )? aae/R r Meeting Adjourned P.M. ` AYES' NAYE 1�, ABSENT LABSTAIN��' RECUSE January 5, 2017 There being no further business before the Commission, the meeting was adjourned at 4:40 p.m. Date 1 le4crary V Chairman