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pc_03 30 2017 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MARCH 30, 2017 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Craig Berry Alan Bubbus Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Scott Hamilton Troy Laha Paul Latture Bill May Robert Stebbins Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the February 16, 2017 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MARCH 30, 2017 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8551-A Pippins Adult and Child Daycare Conditional Use Permit 3819 Baseline Road B. Z-8737-B Davis Mini-Warehouse Conditional Use Permit 8222 Stagecoach Road II. NEW BUSINESS: Item Number: File Number: Title: 1. G-23-465 Plat and Right-of-way Abandonments, Generally south of I-440 and east and north of Springer Blvd. 1.1 LU-17-24-01 A Land Use Plan Amendment in the College ST/Sweet Home Planning District from Residential Low (RL) to Park and Open Space (PK/OS), NW of E. 38th/W. Line Streets intersection and from Industrial (I) to Mining (M), along the east side of State Highway 365 at King Road. 1.2 Z-9202 Rezoning from R-2, R-3 and OS to OS and M Generally south of I-440 and east and north of Springer Blvd. 2. Z-3051-B Rezoning from C-1 to C-4 3412/3414 Mabelvale Pike. 3. Z-3371-BBB Rezoning from C-3 to C-4 Southeastern corner of Colonel Glenn Plaza Loop and David O. Dodd Road. Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 4. Z-9200 Rezoning from R-2 to R-4 1914 Perry Street. 5. Z-9201 Rezoning from R-2 to R-4 2105 Perry Street. 6. Z-9199 Stanley Phillips Duplexes Conditional Use Permit NW corner of W. 40th and Gilman Streets. 7. Z-9203 7618 Colonel Glenn Road Beauty Salon Conditional Use Permit, 7618 Colonel Glenn Road. 8. Z-9204 Village at the Gateway Tower Use Permit 12506 Vimy Ridge Road. 9. Z-8168-B Redeemer Community Church Conditional Use Permit time extension, 11512 David O’ Dodd. March 30, 2017 ITEM NO.: A FILE NO.: Z-8551-A NAME: Pippins Adult and Child Daycare – Conditional Use Permit LOCATION: 3819 Baseline Road OWNER/APPLICANT: Jameeka Pippins PROPOSAL: A conditional use permit is requested to allow an adult and child day care to be operated in the existing residential structure on this R-2 zoned property. 1. SITE LOCATION: The property is located on the south side of Baseline Road, a little west of Baseline Elementary School. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located on an arterial street in an area of mixed zoning and uses. A day care center is adjacent to the west. A variety of residential, office and planned development zoned properties extend further to the west. Multifamily and an elementary sch ool are located to the east. A variety of office and commercial uses and zoned properties are located along the north side of Baseline Road in this general area. Single family residences are located along Bruno Road to the south. Those residential properties are very deep, as is this property, providing adequate separation from the proposed day care center. The proposed use of the former veterinary clinic building as a day care center is compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The maximum number of clients in the adult day care is proposed as 15. The maximum number of children in the children’s day care is 10. Each day care will have 2 employees (4 total). The required parking for this number of clients/children and employees is 6 spaces. The property h as an asphalt and concrete circular driveway with two curb cuts onto Baseline Road. The available paved area will accommodate 5 – 6 vehicles, with some of the March 30, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-8551-A 2 employee’s parking being stacked on the driveway approaching the structure. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. If building rehabilitation exceeds fifty percent (50%) of the replacement cost then the landscaping and buffer must also come into compliancy accordingly. 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. The driveways should be marked by signage and striping as one -way in and one-way out. The west driveway should be the entrance and the east driveway the exit. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer Available to this site. EAD approval required if food prep on site. Entergy: Entergy does not object to this proposal. Service is already being provided to the house on this lot. Contact Entergy in advance to discuss any changes to electrical service requirements, or adjustmen ts to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No objection Fire Department: Full plan review Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: March 30, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-8551-A 3 Curtis Richey at 501.371.4724; crichey@littlerock.gov or Mark Alderfer at 501.371.4875; malderfer@littlerock.gov . County Planning: No comments Rock Region METRO: a) Location is currently served by METRO on route 23. We have not objections to a daycare center along the transit route. If adults in their care ride our Links paratransit we require and accessible route and drop off area for our paratransit vehicles to bring clients to the facility. This business will fall within the paratransit services area. SUBDIVISION COMMITTEE COMMENT: (JANUARY 25, 2017) The applicant was present. Staff presented the item and noted some additional information was needed. The applicant was asked to provide the following:  Number of clients and employees for the adult daycare  Number of children and employees for the children’s daycare  Signage plan  Explanation of how the building would be divided between the two uses.  Any areas of outdoor activity or use Staff presented a letter prepared by the Plans Examiner in which he outlined the numerous building code requirements necessary for converting this residential structure into the proposed commercial day care use. Public Works and Other Agency Comments were noted. The applicant was and used to respond to staff issues by February 1, 2017. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, .97 acre tract located at 3819 Baseline Road is occupied by a 1,300+ square foot, one-story, residential structure. An asphalt and concrete paved circular driveway is located at the front of the site. The property was previously occupied by a veterinary clinic when it was annexed into the City. On June 3, 2010, the Commission approved a conditional use permit to allow this applicant to operate an adult day care center at this site. The day care was to have an enrollment of 8 clients, with 2 employees. Proposed days and hours of March 30, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-8551-A 4 operation were 6:00 a.m. – 6:00 p.m., Monday through Friday. There is no evidence that the center ever opened. The applicant is now requesting approval of a conditional use permit to allow for use of the building as a combined adult day care and children’s day care. The maximum number of adult clients is proposed as 15, with renovations to the building. Currently, the adult day care will be limited to 5 clients due to the need to install a sprinkler system once that number is exceeded. As the building is currently configured, the maximum number of adult clients will be 8. The adult day care will have 2 employees. Days and hours of operation are proposed as 6:00 a.m. to 6:00 p.m., Monday through Friday. The maximum number of children is proposed as 10, with 2 employees. Days and hours of operation for the children’s day care are pro posed as 2:00 p.m. to midnight, Monday through Friday. The building will be reconfigured to segregate the two daycare operations. The children will have an outside fenced playground. Each center will have its own separate entrance and exit. A 4’ X 6’ ground sign is proposed to be installed at the front of the site. Staff believes the proposed use is appropriate for the site. The site is in an area of mixed zoning and uses and has a history of non -residential use itself. The proposed daycare should be compatible with uses in the area. The bill of assurance for Rinke Garden Acres does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested revised CUP, subject to the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Signage is to be limited to a single ground -mounted sign not to exceed 4’ X 6’ in area and 6’ in height. 3. All parking and driveways are to be paved and designed to comply with city code requirements. 4. Compliance with all applicable building codes, fire codes and state codes for conversion of this structure to accommodate the proposed use. March 30, 2017 ITEM NO.: A (Cont.) FILE NO.: Z-8551-A 5 PLANNING COMMISSION ACTION: (FEBRUARY 16, 2017) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had failed to complete the required notices. Staff recommended deferral of the item to the March 30, 2017 agenda. There was no further discussion. The item was placed on the consent agenda and deferred to the March 30, 2017 meeting by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 30, 2017) 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 11 ayes, 0 noes and 0 absent. March 30, 2017 ITEM NO.: B FILE NO.: Z-8737-B NAME: Davis Mini-Warehouse – Conditional Use Permit LOCATION: 8222 Stagecoach Road OWNER/APPLICANT: Patton Family Revocable Trust/Davis Properties by Terry Burruss, Architect PROPOSAL: A conditional use permit is requested to allow for development of mini -warehouses on this C-3 zoned tract. February 16, 2017 Staff Report and Recommendation : On February 1, 2017 the applicant requested deferral of this item to allow additional time to resolve access issues. Staff recommends def erral of the item to the March 30, 2017 agenda. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2017) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had requested deferral of the item on February 1, 2017. There was no further discussion. The item was placed on the consent agenda and deferred to the March 30, 2017 meeting by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE AND RECOMMENDATION: On March 13, 2017, the applicant reque sted withdrawal of this CUP application. The item was refiled as a Planned Development. Staff recommends approval of the withdrawal request. PLANNING COMMISSION ACTION: (MARCH 30, 2017) The applicant was not present. There were no objectors present. Staff informed the commission that, on March 13, 2017, the applicant had requested withdrawal of this item as the item was refiled as a planned development. There was no further discussion. The item was placed on the consent agenda and withdrawn by a vote of 11 ayes, 0 noes and 0 absent. March 30, 2017 ITEM NO.: 1 FILE NO.: G-23-465 Name: Plat and Right-of-Way Abandonments Location: Generally south of Interstate 440, and east and north of Springer Blvd. Owner/Applicant: 3M Company/Margaret A Johnston Request: To abandon existing platted lots and rights-of-way within areas of existing and proposed mining and open space zoning, within The Chamber of Commerce Addition, Granite Park Addition and Frisby Addition. Purpose: For use as open space buffer areas and stone quarry operations. REQUEST: 3M Company, property owner/abutting property owner, request s to abandon parts of The Chamber of Commerce Addition, Granite Park Addition and Frisby Addition to include lots and rights-of-way. The general description is as follows: All lots, streets, alleys, rights-of-way and easements in: (i) the Chamber of Commerce Addition of the City of Little Rock, Pulaski County, Arkansas; (ii) the Granite Park Addition to Little Rock, Pulaski County, Arkansas, not already v acated and lying to the east of westernmost right of way of Alabama Street except for those alleys, streets and easements abutting or traversing Lots 10, 9, 8 and 7 of Block 41, Lots 1, 2, 3, 10, 11 and 12 of Block 30; and Lots 4, 5 and 6 of Block 25, and those streets abutting Lots 6 and 7 of Block 24; and (iii) that part of the Frisby Addition to Little Rock, Pulaski County, Arkansas, not already vacated except for those alleys, streets and easements abutting or traversing Blocks 5, 7 and 8 and all of Wes t Line Street. The areas are more specifically described as follows: Chamber of Commerce Addition: The following described property in Section 13 , Township 1 North, Range 12 West and Section 18, Township 1 North, Range 11 West and being the property pl atted as Chamber of Commerce Addition to the City of Little Rock, Pulaski County Arkansas: 1. The NE ¼ of the SE ¼ Section 13, Township 1 North, Range 12 West March 30, 2017 ITEM NO.: 1 (Cont.) FILE NO.: G-23-465 2 2. Part of the NW ¼, SW ¼, Section 18, Township 1 North, Range 11 West The particular streets and alleys being vacated are: All of the streets, alleys and utility easements included in the plat including but not limited to: 35th Street, Lenwood Avenue, Hollenberg Avenue, Kavanaugh Avenue, Reyburn Avenue, Arnold Avenue and Price Avenue. Granite Park Addition: The following described property in Section 13, Township 1 North, Range 12 West and being part of the property platted as the Granite Park Addition to Little Rock, Pulaski County, Arkansas: 1. Part of the NW ¼ South of Fourche, Section 13, Township 1 North, Range 12 West 2. Part of the SW ¼ South of Fourche, Section 13, Township 1 North, Range 12 West 3. The West ½ of the SE ¼, Section 13, Township 1 North, Range 12 West The particular streets and alleys being vacated (to the ext ent not already vacated) are: All of Maryland Avenue (also known as Maryland Street), Michigan Avenue (also known as Michigan Street), Pennsylvania Avenue, Ohio Avenue and Kentucky Avenue; all of 34th Street, 35th Street, 36th Street, 37th Street, 39th Street, and 40th Street from the western right-of-way of Alabama Street to the eastern boundary of the plat; all of the alleys and utility easements adjacent to or contained in Blocks 0 to 2, 9 to 16, 23, 24, 26 to 29, 39, 40, 46 to 82; all of 38th Street f rom the western boundary of Lot 7 of Block 25 to the eastern boundary of the plat; all of 41st Street from the western boundary of Block 48 to the eastern boundary of the plat; all of Tennessee Avenue from the northern boundary of the plat to the northern boundary of Lot 4 of Block 25 and from the northern boundary of Block 28 to the southern boundary of the plat; all of Mississippi Avenue from the northern boundary of the plat to the southern boundary of Block 24 and from the northern boundary of Block 29 to the northern boundary of Lot 10, Block 41; all of Alabama Avenue from the northern boundary of the plat to the southern boundary of Block 23 and from the northern boundary of Lot 4, Block 30 to the southern boundary of Block 41; and all of the alleys and easements adjacent to or contained in Lots 1 to 6, 11 and 12, Block 41, Lots 4 to 9, Block 30 and Lots 1 to 3 and 7 to 12, Block 25. March 30, 2017 ITEM NO.: 1 (Cont.) FILE NO.: G-23-465 3 Frisby Addition: The following described property in Section 18, Township 1 North, Range 11 West and being part of the property platted as Frisby Addition to Little Rock, Pulaski County, Arkansas: 1. Part of the SW ¼ of the SW ¼ Section 18, Township 1 North, Range 11 West 2. Part of the NW ¼, SW ¼, Section 18, Township 1 North, Range 11 West The particular streets and alleys being vacated (to the extent not already vacated) are: All of 38th Street, also known as East 3 7th Street; all of 39th Street, also known as East 38th Street from the west boundary of the plat to the east boundary of Block 3; all of Little Rock Avenue from the south boundary of Block 4 to the north boundary of the plat; and all alleys and utility easements adjacent to or contained in Blocks 1 to 4 and Block 6. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the requested abandonments. Utility easements will be retained as noted. Public Works has reviewed the abandonment request and has no comments: B. Master Street Plan: There are no Master Street Plan issues associated with the requested abandonments, as the rights-of-way are not classified as collector streets or higher. C. Characteristics of Right-of-Way Terrain: The plat and right-of-way areas proposed for abandonment are currently undeveloped. The areas are mostly wooded. D. Development Potential : After abandonment, the areas of abandonment will be incorporated into the existing stone quarry operation or used as open space buffer areas. March 30, 2017 ITEM NO.: 1 (Cont.) FILE NO.: G-23-465 4 E. Neighborhood and Land Use Effect: All of the property (plats and rights-of-way) proposed for abandonment is within existing and proposed zoned areas owned by 3M Company, which have been designated for the expansion of the existing mining operation and open space buffer areas for a number of years. F. Neighborhood Positi on: All of the abutting properties are owned by 3M Company. The College Station Neighborhood Association was notified of the abandonment request . G. Effect on Public Services or Utilities: Little Rock Wastewater: There are existing sewer mains in the affected abandonment area. The mains located near E. 38th Street and W. Line Street are public mains currently in service, for which sanitary sewer easements must be retained. Due to the depth of the lines, a 15 foot easement width is needed. The lines running from near 3M Road west toward Springer Blvd. are private lines, which must remain in service, but for which no easements are required. These lines are believed to be owned by 3M. Entergy: Entergy has existing power lines in at least part of the a rea for proposed abandonment. Entergy will need to retain its easements (30 feet – 15 feet from center of pole) and 24 hour, vehicular access to its existing facilities for maintenance reasons. Centerpoint Energy: Centerpoint energy owns and operates existing natural gas facilities contained within an easement granted from Minnesoto Mining & Manufacturing to Arkansas Louisiana Gas Company (Book 324, Page 557; 08/01/1946). This easement is contained within parcel number 34L2330005800. We are working on a replacement project for the aforementioned facilities in 2017. We propose it be in both parties interest to replace the existing easement agreement with a new one during our planned facility replacement in 2017. In regards to the remaining portions of a forementioned addition abandonments; Centerpoint Energy gives consent to abandon. “Centerpoint Energy (CNP) has active facilities within the proposed plat abandonments requested on File # G-23-465. However, CNP has been in contact with 3M Company in regards to acquiring new dedicated easements for active CNP facilities within this area.” March 30, 2017 ITEM NO.: 1 (Cont.) FILE NO.: G-23-465 5 AT&T: AT&T is in agreement with the proposed abandonment of the subject property under the following conditions. Any and all easements both written or unwritten shall remain in place, unaltered. Where an easement width is not specified it shall be ten (10) feet in width unless otherwise specified. Central Arkansas Water: No objection to proposed abandonments. Rock Region METRO: a) Location is not currently served by METRO but remains part of our long range plans as industrial jobs expand. We have no objections to the abandonment of the residential street network in the original plat. H. Reversionary Rights: According to an abstract company, the subject plats co ntained no reversionary clauses. I. Public Welfare and Safety Issues: Abandoning these plats and rights-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, with the following comment: 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. 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. March 30, 2017 ITEM NO.: 1 (Cont.) FILE NO.: G-23-465 6 SUBDIVISION COMMITTEE COMMENT: (MARCH 8, 2017) Margaret Johnston was present, representing the application. Staff presented the proposed abandonment request. Staff noted that according to an abstract company, no reversionary clauses were found of record. The utility and fire department comments were briefly dis cussed. Staff noted that there were no outstanding issues. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the plat and right-of-way abandonments for The Chamber of Commerce Addition, Granite Park Addition and Frisby Addition, subject to easements being retained as noted in paragraph G. of the staff report. PLANNING COMMISSION ACTION: (MARCH 30, 2017) Staff informed the Commission that on March 28, 2017 the applicant submitted a letter requesting this application be deferred to the May 11, 2017 agenda. Staff supported the deferred request. Meg Johnston, representing the application, made a brief statement, noting that the deferral was requested in order to hold a meeting with neighborhood residents regarding the proposal. With a vote of 11 ayes, 0 nays and 0 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) business days prior to the public hearing. The item was placed on the Consent Agenda and deferred to the May 11, 2017 meeting by a vote of 11 ayes, 0 nays and 0 absent. March 30, 2017 ITEM NO.: 1.1 FILE NO.: LU17-24-01 Name: Land Use Plan Amendment – College St/Sweet Home Planning District Location: 1- NW of E. 38th/ W. Line Streets Intersection 2 - East Side of State Highway 365 at King Road Request: 1- Residential Low (RL) to Park/Open Spaces (PK/OS) and 2- Industrial (I) to Mining (M) Source: Margaret A. Johnston, 3M Company PROPOSAL / REQUEST: Two Land Use Plan amendments in the College St/Sweet Home Planning District from Residential Low (RL) to Park and Open Space (PK/OS) and Industrial (I) to Mining (M). PK/OS parks and open spaces category includes all public par ks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The applicant is requesting to amend the Land Use Plan from RL to PK/OS in conjunction with the rezoning of the property from Single Family (R-3) to Open Space (OS) to the NW of E. 38th / W. Line Street intersection to expand their green buffer zone. The M Mining category provides for the extraction of various natural resources such as bauxite, sand, gravel, limestone, granite or other. Mining uses wi ll include assurances that these resources be properly managed so as not to create a hazard, nuisance or the disfigurement or pollution of the land. The applicant is requesting to amend the Land Use Plan from I to M to expand their mining uses to the south along the east side of State Highway 365 at King Road. EXISTING LAND USE AND ZONING: The area 1 is currently zoned as M (Mining), OS (Open Space), and R -3 (Single Family) and is 3 acres ± in size. North of the property is 3M Company’s M zoned property. The south and east of the property is zoned as R -3 and there are single-family building parcels and vacant parcels owned by both 3M Company and other property owners. To the west of the property is zoned as R -3 and M and owned by 3M Company. The area 2 i s currently zoned as M (Mining) and approximately 65 acres in size. North of the property is 3M Company’s M zoned property. The south, east, and west of the property is not zoned and generally vacant land and beyond Little Rock city limits. March 30, 2017 ITEM NO.: 1.1 (Cont.) FILE NO.: LU17-24-01 2 FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The area 1 is currently shown as Residential Low (RL) on the Land Use Plan and currently wooded land. North and west of the property is PK/OS as a buffer zone between the Mining use to the north and west, and RL is sout h of this PK/OS use. South and east of the area are shown as RL and mostly vacant lots owned both by 3M Company and private property owners. The area 2 is currently shown as Industrial (I) on the Land Use Plan and currently vacant. North of the property is shown as Mining and being used for 3M Company’s mining activities, west of the property is shown as Industrial (I) along Highway 365 till 3M Cutoff Road at the north and till Pye Road at the south. South of the area is shown as Industry (I) on the Land Use Plan, but is mostly vacant and owned by 3M Company. East of the area is shown as Agricultural (AG) and owned by various owners. There has not been any Land Use Plan change made in the vicinity since 2001. MASTER STREET PLAN: To the south of area 1 is E. 38 Street to the east is W. Line Street and they are shown as a Local Streets on the plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more i ntensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. To the west of the area 2 is Highway 365 S. and it is shown as Minor Arterial on the plan. 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 exits should be limited to minimize negative effects of traffic and pedestrians on Highway 365 S. 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 . PARKS: There are no parks shown in the immediate vicinity. March 30, 2017 ITEM NO.: 1.1 (Cont.) FILE NO.: LU17-24-01 3 HISTORIC DISTRICTS: There are no historic districts shown in the immediate vicinity. ANALYSIS: There are two areas requested for Land Use Plan amendments for this file. One is at the northwest of E. 38th/ W. Line Streets Intersection, and the other one is along east side of State Highway 365 at King Road. Area 1 is currently shown as Residential Low (RL) on Land Use plan and consists of vacant lots belonging to 3M Company. The request for the area is expanding the PK/OS use bet ween Mining to the north and Residential Low use to the south of the area, along the north side of E. 38th Road between W. Line Street and the current PK/OS border. This request is to create a bigger green buffer zone between residential and current mining uses of the company. The area is along the eastern edge of the College Station neighborhood. The Area 2 is shown as industrial (I) in Land Use Plan and currently vacant. The request for this area is amending it from Industrial to Mining in order to expa nd the company’s mining uses to the south. There is no residential use in the immediate vicinity. In addition, 3M Company and other mining operations have been and continued to acquire property in vicinity for future mining operations. This south area is surrounded with mining use to the north, industry to the west and south, agricultural use to the east. These lands are not zoned and there is no land use control in this vicinity outside the city limits. The change would not impact the current uses since the change is similar to those in place. The general vicinity is dominantly occupied by mining and industrial uses. The closest residential areas to the both amendment request areas are in Granite Mountain and College Station neighborhoods. To the south ne ar the E. Dixon and Dan Thomas Roads Intersection there is a large residential area to the east of Interstate 530. This area should not be affected from these changes since it is half a mile away from the closest requested amendment at King Road. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: College Station Neighborhood Association. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. March 30, 2017 ITEM NO.: 1.1 (Cont.) FILE NO.: LU17-24-01 4 PLANNING COMMISSION ACTION: (MARCH 30, 2017) The applicant requested that this item be deferred on March 28, 2017. The item was placed on the consent agenda for deferral to the May 11, 2017 hearing. By a vote of 11 for, 0 against the consent agenda was approv ed. March 30, 2017 ITEM NO.: 1.2 FILE NO.: Z-9202 Owner: 3M Company Applicant: Margaret A. Johnston Location: Generally south of Interstate 440, and east and north of Springer Blvd. Area: 30.63 acres – proposed OS zoning 69.15 acres – proposed M zoning Request: Rezone from R-2, R-3 and OS to OS and M Purpose: For use as open space buffer areas and future expansion of stone quarry facility Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Mixed industrial uses and airport (north of I-440); zoned R-2, I-2 and I-3 South – Single family residences and mixed uses; zoned R-2, R-4 and PCD East – Single family residences and vacant lots; zoned R-3 West – Single family residences, undeveloped property and a park; zoned R-2 and PR A. PUBLIC WORKS COMMENTS: 1. If the subject property being rezoned is adjacent to Springer Blvd. (classified on the Master Street Plan as a minor arterial ), a dedication of right-of-way 45 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 drainage and access easement is required adjacent to the floodway boundary. March 30, 2017 ITEM NO.: 1.2 (Cont.) FILE NO.: Z-9202 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. Route #6 (Granite Mountain Route) runs along Springer Blvd. to the west and Route #19 (Hensley Express Route) runs along Springer Blvd. to the west and south. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the College Station Neighborhood Association were notified of the public hearing. D. LAND USE ELEMENT: Planning Division: This request is located in College Station/Sweet Home Planning District. The Land Use Plan shows Park/Open Space (PK/OS) or Mining (M) for the seven areas requesting zoning changes . The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The mining category provides for the extraction of various natural resources such as bauxite, sand, gravel, limestone, granite or other. Mining uses will include assurances that these resources be properly managed so as not to create a hazard, nuisance or the disfigurement or pollution of the land. The applicant has applied for a rezoning for seven change areas from R-2 and R-3 (Single Family District) to OS (Open Space District), and R-2, R-3 (Single Family Districts) and OS (Open Space District) to M (Mining Distri ct). Master Street Plan: South of the properties is Springer Street and it is shown as a Minor Arterial on the Master Street Plan. North of the properties is I -440 and it is a Freeway on the Master Street Plan. Freeways are regional and national routes with controlled access 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 exits should be limited to minimize negative effects of traffic and pedestrians on Springer Street 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: A Class II Bike Plan is shown along Springer Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. A Class I Bike Path is shown along Fourche Creek. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right -of-way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (shared path). March 30, 2017 ITEM NO.: 1.2 (Cont.) FILE NO.: Z-9202 3 E. STAFF ANALYSIS: 3M Company, owner of several hundred acres of property located generally south of Interstate 440, and east and north of Springer Blvd., is requesting to rezone 30.63 acres from “R-2” and “R-3” Single Family Districts to “OS” Open Space District and 69.15 acres from R-2, R-3 and OS to “M” Mining District. The rezoning is proposed to allow future expansion of the existing stone quarry operation and to provide open space buffer areas between the mining operation and nearby residential areas and a floodway area (Fourche Creek). The proposed zoning is divided into seven (7) areas as follows: Tract 1 6.56 acres R-3 to OS Tract 2 3.80 acres R-3 to OS Tract 3 3.41 acres R-3 to OS Tract 4 1.61 acres OS to M Tract 5 67.54 acres R-2 and R-3 to M Tract 6 4.59 acres R-2 to OS Tract 7 12.27 acres R-3 to OS All of the areas proposed for rezoning are currently undeveloped. Most of th e areas are tree covered. Properties west of the proposed areas of rezoning are occupied by single family residences, a small park and undeveloped property. Fourche Creek and a railroad right-of-way are located along the north boundary of the overall property. Single family residences, vacant lots and undeveloped property are located to the east. Single family residences and a few mixed uses are located along Springer Blvd. to the south. The 3M administrative offices and processing plant are located wi thin the southeast portion of the overall property owned by 3M. The City’s Future Land Use Plan designates the areas proposed for rezoning as Park/Open Space (PK/OS) and Mining (M). The requested OS and M zonings do not require an amendment to the plan. Staff is supportive of the requested rezoning. Staff views the request as reasonable. The areas proposed for Mining (M) zoning have been part of the overall 3M Company ownership, and planned for expansion of the existing stone quarry operation for a number of years. The five (5) areas proposed for Open Space (OS) zoning are located between existing and proposed areas of M zoning and single family areas and Fourche Creek. The OS zoned areas are proposed to protect the residential areas from noise, dust, etc. generated by the mining operation, and to protect the integrity of Fourche Creek. Staff feels that the March 30, 2017 ITEM NO.: 1.2 (Cont.) FILE NO.: Z-9202 4 proposed M zoning is an appropriate continuation of the zoning pattern for this area. Staff believes that with the 30.63 acres of OS zoning prop osed, the overall zoning will have a minimal impact on the surround areas. F. STAFF RECOMMENDATION: Staff recommends approval of the requested OS and M rezoning. PLANNING COMMISSION ACTION: (MARCH 30, 2017) Staff informed the Commission that on March 28, 2017 the applicant submitted a letter requesting this application be deferred to the May 11, 2017 agenda. Staff supported the deferred request. Meg Johnston, representing the application, made a brief statement, noting that the deferral was requested in order to hold a meeting with neighborhood residents regarding the proposal. With a vote of 11 ayes, 0 nays and 0 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) business days prior to the public hearing. The item was placed on the Consent Agenda and deferred to the May 11, 2017 meeting by a vote of 11 ayes, 0 nays and 0 absent. March 30, 2017 ITEM NO.: 2 FILE NO.: Z-3051-B Owner: Billy Morden Applicant: Abdullah Al-Maliki Location: 3412/3414 Mabelvale Pike Area: 0.28 Acre Request: Rezone from C-1 to C-4 Purpose: Auto sales business Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residential structures and mixed commercial uses; zoned C-3 and I-2 South – Church; zoned R-3 East – Auto repair business and apartment building ; zoned I-2 West – Vacant lots, single family structure and light industrial uses ; zoned R-3 and I-2 A. PUBLIC WORKS COMMENTS: 1. Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. The subject property is within the 100 year floodplain. The finished floor of any proposed permanent or temporary structure must be elevated to at least 1 ft. above the base flood elevation along with attending utilities. The base flood elevation is about 259 ft. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. Route #14 (Rosedale Route) runs along Asher Avenue to the north. March 30, 2017 ITEM NO.: 2 (Cont.) FILE NO.: Z-3051-B 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the South of Asher, Curran Conway and Southwest Little Rock United for Progress Neighborhood Associations were notified of the public hear ing. D. LAND USE ELEMENT: Planning Division: This request is located in I-630 Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, person al and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they service. The applicant has applied for a rezoning from C-1 (Neighborhood Commercial District) to C-4 (Open Display Commercial District) to allow for the C-4 uses. Master Street Plan: East of the property is Mabelvale Pike and it is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and thei r primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Pike since it is a Minor Arterial. This street may require dedica tion of right-of-way and may require street improvements for entrances and exits to the site . Bicycle Plan: A Class II Bike Lane is shown along Mabelvale Pike. Bike Lanes provide a portion of the pavement for the sole use of bicycles . E. STAFF ANALYSIS: Billy Morden, owner of the 0.28 acre property located 3412/3414 Mabelvale Pike, is requesting to rezone the property from “C-1” Neighborhood Commercial District to “C-4” Open Display District. The property is located on the west side of Mabelvale Pike, between West 34th and West 35th Streets. The rezoning is proposed to allow a small used car sales business. The property is comprised of two (2) platted lots, Lots 3 and 4, Block 7, Ruebel and Leymer Addition. The property is currently undeveloped. R emnants of paving and concrete exist within the south half of the property for a house and parking pad which previously existed on the site. The area contains a mixture of zoning and uses. A church is located on R -3 zoned property immediately south and west of the site. Two (2) apartment buildings and an auto repair business (zoned I-2) are located across Mabelvale Pike to the east. March 30, 2017 ITEM NO.: 2 (Cont.) FILE NO.: Z-3051-B 3 Two (2) older single family residences (zoned C-3) are located to the north, with a large strip center commercial building (zoned I-2) further north. The general area contains a few other single family residential structures and several commercial and light industrial uses. The City’s Future Land Use Plan designates this property as Commercial (C). The requested C-4 zoning does not require an amendment to the plan. Staff is supportive of the requested C-4 zoning. Staff views the request as reasonable. Staff feels that C-4 zoning is appropriate for this site given the amount of surrounding heavy commercial and light indu strial uses and zoning in this area south of Asher Avenue. A small used car sales business recently occupied the C-4 zoned property approximately one (1) block to the south. Staff believes that the proposed C-4 zoning is in keeping with the existing zoning and use pattern for this general area, and that it should have no adverse impact on the surrounding properties. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (MARCH 30, 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 11 ayes, 0 nays and 0 absent. The application was approved. March 30, 2017 ITEM NO.: 3 FILE NO.: Z-3371-BBB Owner: Colonel Glenn Development Company Applicant: Joe White, White-Daters and Associates Mark Redder, Holloway Engineering Location: Southeastern corner of Colonel Glenn Plaza Loop and David O Dodd Road Area: 8.595 Acres Request: Rezone from C-3 to C-4 Purpose: Auto dealership and future commercial use Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Auto dealerships; zoned C-4 and PCD South – Undeveloped property; zoned C-4 East – Theatre and auto dealership; zoned C-3 and C-4 West – Nursing home and school; zoned O-3 and R-2 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow and Southwest Little Rock United for Progress Neighborhood Associations were notified of the public hearing. March 30, 2017 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-BBB 2 D. LAND USE ELEMENT: Planning Division: This request is located in 65th Street West Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesal e sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning from C -3 (General Commercial District) to C-4 (Open Display Commercial District) to allow for the C -4 uses. Master Street Plan: East of the property is Colonel Glenn Plaza Loop and it is shown as a Local Street on the Master Street Plan. North of the property is David O Dodd Road and it is shown as a Minor Arterial 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. 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 exits should be limited to minimize negative effects of traffic and pedestrians on David O Dodd 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: A Class II Bike Lane is shown along David O Dodd. Bike Lanes provide a portion of the pavement for the sole use of bicycles . E. STAFF ANALYSIS: Colonel Glenn Development Company, owner of the 8.595 acre property at the southeastern corner of Colonel Glenn Plaza Loop and David O Dodd Road, is requesting to rezone the property from “C-3” General Commercial District to “C-4” Open Display District. The rezoning is proposed to allow the property to be platted into two (2) lots, with the east 3.432 acres being developed for a car dealership and the west 5.163 acres being held for future commercial development . The west half of the property is currently undeveloped and tree covered. The east half is also undeveloped, with some si te work having taken place in the past (along with the property to the east) in preparation for development of the property. The property slopes upward from Colonel Glenn Plaza Loop and from David O Dodd Road. March 30, 2017 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-BBB 3 The property is located in an area of mixed uses and zoning. A nursing home and office use (zoned O-3) are located west of the site with the J.A. Fair High School campus being located to the southwest. Undeveloped C -4 zoned property is located to the east, with an auto dealership to the southeast. The Rave Theatre development (zoned C-3 and C-4) and an auto dealership are located to the north across Colonel Glenn Plaza Loop, with an additional auto dealership across David O Dodd Road. The City’s Future Land Use Plan designates this property as Commercial (C). The requested C-4 zoning does not require an amendment to the plan. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. The requested C-4 zoning represents a continuation of the zoning pattern within this general area. The undeveloped property to the south is zoned C-4, along with a large area of C-4 zoning across Colonel Glenn Plaza Loop to the north. Additionally, auto dealerships are located north and east of the subject property. Staff believes rezoning this property to C-4 will have no adverse impact on the adjacent properties on the general area . F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (MARCH 30, 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 11 ayes, 0 nays and 0 absent. The application was approved. March 30, 2017 ITEM NO.: 4 FILE NO.: Z-9200 Owner: Perry’s Pennies, LLC Applicant: Kenny Whitfield Location: 1914 Perry Street Area: 0.16 Acre Request: Rezone from R-2 to R-4 Purpose: One (1) duplex structure Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-2 South – Two (2) lots zoned R-4 for construction of two (2) duplex structures East – Single family residences (across Perry Street); zoned R-2 West – Vacant lots; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Perry Street 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 width of residential driveways is 20 feet. 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. March 30, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9200 2 D. LAND USE ELEMENT: Planning Division: This request is located in I-430 Planning District. The Land Use Plan shows Residential Low (RL) for this property. The Residential Low Density (RL) 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) for two family development. Master Street Plan: East of the property is Perry Street and it is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Perry’s Pennies, LLC, owner of the 0.16 acre property located at 1914 Perry Street, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The property is located on the west side of Perry Street south of West 18th Street. The rezoning is proposed to allow the construction of one (1) duplex structure on the site. The property is comprised of one (1) platted lot. The lot is currently undeveloped and partly wooded. The property has a slight slope upward from west to east , and basically following the elevation of Perry Street from north to south. The property is located in an area of mixed R-2 and R-4 zoning. Single family residences are located north of the subject property. Single family residences and vacant lots are located across Perry Street to the east , and to the west. Two (2) R-4 zoned lots are located immediately south of the site, with single family residences further south. Office zoned properties are located approximately one (1) block further to the north and west. 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. March 30, 2017 ITEM NO.: 4 (Cont.) FILE NO.: Z-9200 3 Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is comprised of one (1) platted single family lot. One (1) duplex structure will only be a minor increase in the original platted 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 Juni or 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 31 are zoned R-4. This represents R-4 zoning on a total of 8.42 percent of the overall residential lots within this neighborhood. The one (1) lot proposed for R-4 zoning (with the lot proposed for R-4 at 2105 Perry Street – item on this agenda) would raise this ratio to 8.96 percent. Staff feels that his represents a very minimal percentage of the overall residential area. Staff believes the applicant’s plan to construct one (1) new duplex 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: (MARCH 30, 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 11 ayes, 0 nays and 0 absent. The application was approved. March 30, 2017 ITEM NO.: 5 FILE NO.: Z-9201 Owner: Perry’s Pennies, LLC Applicant: Kenny Whitfield Location: 2105 Perry Street Area: 0.155 Acre Request: Rezone from R-2 to R-4 Purpose: One (1) duplex structure Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – One (1) lot zoned R-4 for construction of one (1) duplex structure and single family residences; zoned R-2 South – Duplex structures and single family residences; zoned R-4 and R-2 East – Duplex structures and single family residences; zoned R-4 and R-2 West – Single family residences (across Perry Street); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Perry Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 25 feet from centerline will be required. 2. The maximum driveway width for residential streets is 20 feet. 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. March 30, 2017 ITEM NO.: 5 (Cont.) FILE NO.: Z-9201 2 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. D. LAND USE ELEMENT: Planning Division: This request is located in I-430 Planning District. The Land Use Plan shows Residential Low (RL) for this property. The Residential Low Density (RL) 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) for two family development. Master Street Plan: W est of the property is Perry Street 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 de sign 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: Perry’s Pennies, LLC, owner of the 0.155 acre property located at 2105 Perry Street, 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 Perry Street south of West 22nd Street. The rezoning is proposed to allow the construction of one (1) duplex structure on the site. The property is comprised of one (1) platted lot. The lot is 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. The property is located in an area of mixed R-2 and R-4 zoning. R-4 zoned lots are located immediately north, south and east of the subject property. Single family residences and vacant lots are located further to the north, south and east. Single family residences and vacant lots are located across Perry Street to the west. March 30, 2017 ITEM NO.: 5 (Cont.) FILE NO.: Z-9201 3 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. Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is comprised of one (1) platted single family lot. One (1) duplex structure will only be a minor increase in the original platted 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 31 are zoned R-4. This represents R-4 zoning on a total of 8.42 percent of the overall residential lots within this neighborhood. The one (1) lot proposed for R-4 zoning (with the lot proposed for R-4 at 1914 Perry Street – item on this agenda) would raise this ratio to 8.96 percent. Staff feels that his represents a very minimal percentage of the overall residential area. Staff believes the applicant’s plan to construct one (1) new duplex 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: (MARCH 30, 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 11 ayes, 0 nays and 0 absent. The application was approved. March 30, 2017 ITEM NO.: 6 FILE NO.: Z-9199 NAME: Stanley Phillips Duplexes – Conditional Use Permit LOCATION: NW corner of West 40th and Gilman Streets OWNER/APPLICANT: Martha L. Hopkins/Stanley Phillips PROPOSAL: A conditional use permit is requested to allow the construction of two duplex residential structures (4 units total) on these four, R-3 zoned lots. The four lots are to be replatted into two lots. 1. SITE LOCATION: The site is located at the NW corner of West 40 th and Gilman Streets, in the John Barrow neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a single family neighborhood c ontaining a variety of single family housing types. A city park is located one block to the north. A PCD zoned mixed use development is located one block to the east. The subject property consists of four (4) lots which the applicant proposes to replat into two (2) lots with one duplex structure on each lot. The resulting density will be the same as currently exists. The proposed duplexes should be compatible with the neighborhood. Notice of the public hearing was sent to the John Barrow Neighborhood Association and all owners of properties located within 200 feet of the site. 3. ON SITE DRIVES AND PARKING: Each duplex dwelling unit requires 1.5 parking spaces for a total of 6 required spaces. The applicant is proposing to place a paved parking lot containing 6 parking spaces behind the southern duplex, with access off of West 40th Street. This was done at the suggestion of the neighborhood, so as to present a more pleasing front yard appearance without multiple driveways. The proposed replat and bill of assurance must include provisions specifically addressing the parking arrangement and each parking spaces must be identified by unit number; either by pavement marking or other signage. March 30, 2017 ITEM NO.: 6 (Cont.) FILE NO.: Z-9199 2 4. SCREENING AND BUFFERS: No comments on this duplex residential use. 5. PUBLIC WORKS: 1. Gilman Street 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. 40th Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 feet radial dedication of right-of-way is required at the intersection of Gilman Street and 40th Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer Available to this site. Separate service required for each building (2 units per building). Entergy: Entergy does not object to this proposal. A single phase, overhead power line exists along the south side of 40 th Street at this proposed building location. There do not appear to be any conflicts with existing facilities at this location. Contact Entergy in advance regarding future service requirements to the structures and future facilities locations as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No objection 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. March 30, 2017 ITEM NO.: 6 (Cont.) FILE NO.: Z-9199 3 Building Codes: Note: Duplexes to be separated by 1 hr. construction. County Planning: No comments Rock Region METRO: a) Location is currently served by METRO on Route 14 - Rosedale. We have no objections to the redevelopment of housing lots in this neighborhood. SUBDIVISION COMMITTEE COMMENT: (MARCH 8, 2017) The applicant and his architect were present. Staff presented the item and commented on a few points. Staff noted the shared parking and stated the proposed replat and bill of assurance must include provisions specifically addressing the parking arrangeme nt. Staff stated each parking space must be specifically identified by unit number; either by pavement marking or other signage. Staff stated the site plan needed to be corrected to properly identify the existing and proposed lot lines and the proposed d uplexes should be relocated to provide a twenty-five (25) foot front yard setback. In response to a question from staff, the applicant stated each unit would have three (3) bedrooms. Public Works comments were noted and discussed. The comments from othe r reviewing agencies were noted. The applicant was advised to submit responses to staff issues by March 15, 2017. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for the construction of two duplex residential structures (4 units total) on the R-3 zoned property located at the northwest corner of West 40 th and Gilman Streets. The subject property consists of 4 lots. The applicant proposes to replat the property into 2 lots and to place a duplex structure on each of the new lots. Each structure will contain 2,640 ± square feet divided into two – 1,320 square foot units. The units will each contain 3 bedrooms. The structures will be one-story in height with vinyl siding and a hip roof clad with asphalt shingles. March 30, 2017 ITEM NO.: 6 (Cont.) FILE NO.: Z-9199 4 The structures will have a 25 foot front yard setback and all other required setbacks will exceed code requirements. A six-space, paved parking l ot is to be located behind the southern structure, with access off of West 40th Street. This was done at the request of the neighborhood so that the project will have a more appealing appearance on the front, with out multiple driveways. The replat and bill of assurance will include provisions specifically addressing and maintaining the shared parking arrangement. Each parking space will be specifically identified by unit number, either by pavement marking or other signage. Staff is supportive of the proposed CUP. The proposed new duplex residences should be a positive addition to the neighborhood. The total of 4 units is what is permitted by the existing 4-lot configuration. The 1907 plat/bill of assurance for John Barrow Addition does not address use issues. 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. The replat and bill of assurance must include provisions addressing and maintaining the shared parking arrangement. 3. Each parking space must be specifically identified by unit number; either by pavement marking or other signage. PLANNING COMMISSION ACTION: (MARCH 30, 2017) The applicant was present. There was one objector present. A letter of non-support from the John Barrow Neighborhood Association had been received by staff and forwarded to the commissioners. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The applicant, Stanley Phillips, deferred speaking until after the objector. Caroline Heitman, President of the John Barrow Neighborhood Association, spoke in opposition. She said the Association had worked with Mr. Phillips for some time. She said Mr. Phillips’ architect came to a meeting of the Association and the Association opposed the current proposal. She said they wanted to see the southern duplex oriented to W. 40 th Street, not Gilman Street. She March 30, 2017 ITEM NO.: 6 (Cont.) FILE NO.: Z-9199 5 stated there was a concern that there was not sufficient parking on the site and on-street parking was limited. Ms. Heitman said she understood that Mr. Phillips was agreeable to making changes in the plan. Stanley Phillips addressed the commission. He said reorientation of the structure was difficult due to the constraints of the utility locations. He said he had worked with the Association over the years and Ward 6 Director Doris Wright was supportive of his plans. He said he would put some brick on the front of the duplexes (west façade), he would put shutters on the windows and would expand the parking to the north. Commissioner May asked why the front of the duplexes faced west rather than to the street frontage. Mr. Phillips responded that he was doing what he understood the neighborhood wanted. Commissioner Hamilton asked Mr. Stanley what he would prefer to do. Mr. Stanley responded that he would prefer to orient the structures to Gilman Street. When asked the same question by Commission Hamilton, staff responded that they would prefer to see a Gilman Street orientation as well. There was then a discussion about reorienting the structures and the availability of sewer service. Staff stated they could not say if sewer service wou ld be affected by reorienting the structures. Chairman Berry stated there appeared to be issues that needed to be worked out. Director of planning Tony Bozynski suggested deferring the item to allow for further review of possible changes. Deputy City Attorney Shawn Overton also suggested deferring the item, due to the changes being proposed. Mr. Phillips stated he agreed to a deferral of the item. A motion was made to defer the item to the May 11, 2017 meeting. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. March 30, 2017 ITEM NO.: 7 FILE NO.: Z-9203 NAME: 7618 Colonel Glenn Road Beauty Salon – Conditional Use Permit LOCATION: 7618 Colonel Glenn Road OWNER/APPLICANT: R. W. Butler Family Limited Partnership/ Andrew Francis, P.A. PROPOSAL: A conditional use permit is requested to recognize and allow the continued use of the 611 square foot commercial building on this I-2 zoned property as a beauty salon or barber shop. 1. SITE LOCATION: The property is l ocated on the north side of Colonel Glenn Road, at Western Hills Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses; including office, commercial and industrial, fronting onto Colonel Glenn Road. An area of residential and office uses is located to the north. Although this property is zoned industrial, it contains a two -story residential structure and the small, subject building that has a history of use as a beauty salon and barber shop. Recognizing that use and affirming it through this CUP is compatible with uses in the neighborhood . Notices 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: The subject building contains 611 square feet; requiring 3 parking spaces for use as a beauty salon or barber shop. The two -story building to the rear contains two dwelling units (one on each floor); requiring 3 parking spac es. The site contains an asphalt parking lot with spaces for 7 – 8 vehicles. 4. SCREENING AND BUFFERS: No comments on this use-only issue. March 30, 2017 ITEM NO.: 7 (Cont.) FILE NO.: Z-9203 2 5. PUBLIC WORKS: No comments 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. Service is already being provided to this structure. Contact Entergy in advance to discuss any changes to electrical service requirements, or adjustments to existing facilities (if any) as this proposal proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No objection Fire Department: No comments Building Code: No comment County Planning: No comments Rock Region METRO: a) Location is currently served by METRO on Route 14 – Rosedale. We have no objections to the continuation of an existing business; beauty salon as noted in application. SUBDIVISION COMMITTEE COMMENT: (MARCH 8, 2017) Andrew Francis was present representing the application. Staff presented the item and noted some additional information was needed. Staff requested the typical number of employees and days and hours of operations. Staff requested the dumpster and required screening be located on the plan. In response to a question, Mr. Francis stated signage would comply with I -2 standards. He stated the requested information would be provided. The comments from the other reviewing agencies were noted. The applicant was advised to submit responses to staff issues by March 15, 2017. March 30, 2017 ITEM NO.: 7 (Cont.) FILE NO.: Z-9203 3 STAFF ANALYSIS: The I-2 zoned property located at 7618 Colonel Glenn Road is occupied by two (2) buildings and asphalt-paved parking and drives. The southernmost building is a one-story, 611 square foot commercial building. The northern (rear) building is a two-story residential structure with a 583 square foot apartment on each floor. The southern building has a history of nonconforming occupancy by barber shops and beauty salons. The applicant is requesting approval of a conditional use permit to recognize and establish the continued use of that building for a beauty salon or barber shop. No changes are proposed to the property or buildings. The applicant submitted responses to the questions asked at Subdi vision Committee. The typical number of employees will be two (2) stylists. Days and hours of operation are proposed as Monday through Saturday, 9:00 a.m. – 5:00 p.m. Signage will comply with the I-2 district standards. If a dumpster is placed on the property, it will be located off of the driveway that circles around the buildings, at the rear of the parking area. The dumpster will be screened to comply with ordinance standards. To staff’s knowledge, there are no outstanding issues. The CUP is to r ecognize and establish the long-standing use of this 611 square foot building as a barber shop or beauty salon. The use is compatible with uses in the area. No changes are proposed to the site. The 1962 plat/bill of assurance for Douglas Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, as proposed. PLANNING COMMISSION ACTION: (MARCH 30, 2017) 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 11 ayes, 0 noes and 0 absent. March 30, 2017 ITEM NO.: 8 FILE NO.: Z-9204 NAME: Village at the Gateway – Tower Use Permit LOCATION: 12506 Vimy Ridge Road OWNER/APPLICANT: Big Rock Development/Bob Francis PROPOSAL: A tower use permit is requested to allow for construction of a 140 foot tall, self-supporting tower on this R-2 zoned property. 1. SITE LOCATION: The tower site is located at the northwest corner of the Village at the Gateway subdivision which is in the early stages of development. The development is located on the west side of Vimy Ridge Road, south of Alexander Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Village at the Gateway residential subdivision is currently developing to the south and east of the proposed tower site. A large tract of undeveloped, R-2 zoned property extends to the west. A burial vault company is located on the PID zoned property to the north. The proposed tower is to provide wireless internet access to the residents of the subdivision now under construction. The use should 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, Quail Run and Alexander Road neighborhood associations. 3. ON SITE DRIVES AND PARKING: Access to the tower site will be via a 10 foot access easement off of one of the streets in the subdivision. No parking is required other than a space for any technician needing access to the tower. 4. SCREENING AND BUFFERS: Screening and landscaping of the tower si te must comply with the provisions of Chapter 36, Article XII, Section 36 -593 as follow: a. All WCF subject to this section shall contain a permanent six-foot landscape strip parallel with all sides of the primary use area and March 30, 2017 ITEM NO.: 8 (Cont.) FILE NO.: Z-9204 2 outside of the opaque fence but within the lease area, except for a space for ingress and egress to the primary use area. b. An eight-foot opaque fence shall be constructed, finished side facing outward, around the primary use area to provide screening and a background for required landscaping within the six-foot landscape strip. c. The opaque fence shall also satisfy the security fence requirement of subsection (f). d. The landscape strip on each side of the primary use area shall be planted with two (2) trees of a two-inch caliper which will grow to a spacing of fifteen (15) feet which will grow to a minimum twenty (20) feet in height at maturity. Each landscape strip shall also be planted with evergreen shrubs of thirty (30) inches height at planting, with a maximum spacing of forty-eight (48) inches on center and which will grow to a minimum height of sixty (60) inches at maturity. 5. PUBLIC WORKS: 1. All driveways shall be concrete aprons per City Ordinance. The proposed driveway must be constructed to City of Little Rock commercial driveway Detail PW -34 by the owner at the time the street is constructed. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer main extension required with easements if new sewer service is required for this project. Entergy: Entergy does not object to this proposal. An existing three phase, power line exists to the east of this location along Vimy Ridge Road. It is not in conflict with the proposed development. Contact Entergy in advance to discuss future service requirements, new facili ties 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 objection Fire Department: No comments County Planning: No comments March 30, 2017 ITEM NO.: 8 (Cont.) FILE NO.: Z-9204 3 Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Mark Alderfer at 501.371.4875; malderfer@littlerock.gov Rock Region METRO: a) Location is not currently served by METRO. We have no objections to the mobile communications tower. SUBDIVISION COMMITTEE COMMENT: (MARCH 8, 2017) The applicant was present. Staff presented the item and noted no additional information was required. Staff commented that screening and landscaping of the tower site must comply with the provisions of Chapter 36, Article XII, Section 36-593. Staff noted that any expansion of the tower compound or addition of other WCF carriers will require Planning Commission approval as a revision to the TUP. Staff informed the Committee that this TUP application was necessary since the proposed 140 foot tall tower was to be located less than 140 feet from abutting residential properties. The applicant stated the tower will be used to provide wireless internet to the residents of the Village at the Gateway Subdivision. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: The applicant is requesting approval of a Tower Use Permit to allow for construction of a 140 foot tall tower on the rear of the Village at the Gateway subdivision currently under development at 12506 Vimy Ridge Road. The tower is proposed to be located at the northwest corner of the subdivision. The proposed tower will be used to provide wireless internet access to the residents of the subdivision. The 140 foot tall, self-supporting tower will hold one 15± pound 24 GHz microwave antenna and up to two 10± pound 5 GHz sector antennas. The tower compound will measure 16’ X 16’. An 8 ft. tall wood privacy fence will enclose the compound. A 6 ft. wide landscape strip wil l be located around all March 30, 2017 ITEM NO.: 8 (Cont.) FILE NO.: Z-9204 4 perimeters of the compound, outside the fence. The entire tower site will be located within a 50’ X 50’ easement. Access to the tower will be via a 10’ access easement off of one of the streets in the new subdivision. The tower use permit is required because the proposed tower is located less than 140 feet (the height of the tower) from abutting residential property. The residential properties to the south and east are owned by the applicant and are part of the newly developing subdivision that the tower is being designed to serve. The large tract of R-2 zoned property to the west is undeveloped and heavily wooded. The proposed tower will be located 48± feet from the property to the west and 75± feet and 63± feet from the proposed lots to the south and east respectively. Staff is supportive of the requested TUP. The residential properties affected by the reduced setback are either undeveloped or are being developed as part of this applicant’s subdivision. The bill of assurance for Village at the Gateway subdivision will reflect the tower as being a permitted use of this tract. STAFF RECOMMENDATION: Staff recommends approval of the requested revised Tower Use Permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Screening and landscaping of the tower site must comply with the provisions of Chapter 36, Article XII, Section 36-593. 3. Any expansion of the tower compound o r addition of other WCF carriers will require Planning Commission approval as a revision to the TUP. PLANNING COMMISSION ACTION: (MARCH 30, 2017) The applicant’s engineer was present. There was one objector present. Staff presented the item and a r ecommendation of approval as outlined in the “staff recommendation” above. The applicant stated he would reserve his time to respond to the objector. Cathy Graves, of 12705 Alexander Road, spoke in opposition. She stated she had lived and worked in the area for many years and she was concerned about the possible impact of the tower on the value of her property. She asked if the tower could be placed elsewhere on the site, farther away from her property. March 30, 2017 ITEM NO.: 8 (Cont.) FILE NO.: Z-9204 5 The engineer responded that the tower was very minimal and had only a couple of small antennas. He stated he did not see how it could impact Ms. Graves’ property. Commissioner Laha stated he felt the tower could be relocated. Commissioner Mays stated he had personal experience with having a tower n ear his home and found that there was no impact. Staff informed the commission that Ms. Graves property was the PID -zoned, concrete burial vault manufacturing industrial site adjacent to the north, not a residential property. In response to question from Commissioner Latture, Ms. Graves stated she did not live on the property. A motion was made to approve the application, including all staff comments and conditions. The motion was approved by a vote of 9 ayes, 2 noes and 0 absent. March 30, 2017 ITEM NO.: 9 FILE NO.: Z-8168-B NAME: Redeemer Community Church – Conditional Use Permit Time Extension LOCATION: 11512 David O Dodd OWNER/APPLICANT: Redeemer Community Church PROPOSAL: A two-year extension of a conditional use permit approved on June 12, 2014 which allowed for construction of a new church on this undeveloped, R-2 zoned, 20± acre tract. STAFF ANALYSIS: On June 12, 2014, Redeemer Community Church received approval of a conditional use permit to allow for construction of a new church on the undeveloped, 20± acre tract located at the northeast corner of David O Dodd overpass at I-430. The property has at times in the past been considered for development as single family homes and condominiums. None of those previously considered developments have occurred and the property has remained wooded and undeveloped. The church is proposing construction of two buildings connected by a covered courtyard. A single driveway off of David O Dodd will provide access to a 196 space parking lot. The development will occur on the southern portion of the site, nearest David O Dodd. The northern portion of the property will remain undeveloped other than for some walking trails. A portion of that area may be cleared for an informal playfield. The site will be developed in one phase. Building 1 is approximately 5,000 square feet in area. This building will contain classrooms, offices and restrooms. Building 2 is approximately 8,000 square feet in area. It will contain a combined sanctuary – fellowship space, kitchen and restrooms. Set seating for the sanctuary is 238 seats. Additional seating utilizing the fellowship space is indicated as 192 spaces for a combined total of 430 seats. A covered courtyard area connects the two bu ildings. The buildings are proposed to have an exterior of metal, stone and brick with a metal sloped roof. Building height is proposed as one-story, not to exceed the allowable height of 35 feet. Days and hours of usage are as is typical for a church. No additional uses such as day care or private school are proposed. A 60 foot buffer is indicated on all perimeters of the site. The actual developed portion of the site is approximately 200 feet away from the property line abutting March 30, 2017 ITEM NO.: 9 (Cont.) FILE NO.: Z-8168-B 2 the neighborhood to the west. The detention area is indicated near the southwest corner of the site and may involve some disturbance of the buffer in this area. If so, the buffer will need to be replanted. Signage is proposed to comply with that allowed in office and insti tutional zones. The dumpster and required screening have been indicated on the plan as requested by staff. All site lighting is to be low -level and directional, shielded downward and into the site. The applicant revi sed the drainage for the detention po nd so that it drains to the right-of-way, not the neighboring property. Permission will be required from AHTD at the time of construction. The applicant has been working with staff to adjust the driveway location to comply with AASHTO standards for sight - distance. The driveway will need to be moved to comply with those standards. This can be accomplished with minimal change to the plan. There is no bill of assurance for this acreage tract. Staff recommended approval of the requested CUP subject to co mpliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 3, 4, 5 and 6 of the agenda staff report. 2. Those areas of the 20± acres site not specifically approved for development under this approved CUP are to remain undisturbed. 3. All site lighting is to be low-level and directional, shielded downward and into the site. 4. Any portion of the buffer at the southwest corner of the site that is undisturbed for detention area is to be replanted to provide buffer and scre ening. On June 12, 2014, the Planning Commission approved the CUP with a vote of 10 ayes, 0 noes and 1 absent. There were no objectors present and the item was on the consent agenda. Chapter 36, Section 36-108 (c) (conditional use permit conditions) reads as follows: (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the commission. Otherwise, the conditional use permit approval shall be considered void. March 30, 2017 ITEM NO.: 9 (Cont.) FILE NO.: Z-8168-B 3 In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the Planning Commission in the same manner as established for the initial conditional use review. The 2014 CUP approval is nearing the end of the allowable three year time frame and permits have not been obtained. The church is requesting a one-time extension of two years. The purpose of the extension is to allow the church additional time to raise the required funding. Since the 2014 approval, the church has purchased the property and remains committed to building the new church facility. To staff’s knowledge, circumstances have not changed. Staff is supportive of granting the one-time two-year extension. STAFF RECOMMENDATION: Staff recommends approval of a one-time two year extension of the CUP subject to compliance with all previously approved conditions. PLANNING COMMISSION ACTION: (MARCH 30, 2017) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staf f 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 11 ayes, 0 noes and 0 absent. 0 Cf- 0 V W W z 0 V1 G 0 V _Z Z Z AJ Ii A N v 0 v n ^1 C� a� L 0 Q bA N WWI w D U w i z w V) m Q � 1 w z a� w \'s M � W m> �� Q¢D U w m zQ N m m m z } m = Lu X� O u zm`f'} Q= z J o w w z z¢_ -- o� � = Q QJ �m� w- Q >= < N CO m w V)j C� a� L 0 Q bA N WWI w D U w i z w V) m Q � 1 w z a� w m g� "c' G Q w m a m m = D z m = X 0 U z z o -' v m w w~ z z t,i O N} Z Q= = Q I I a E-- H I m m >= Q w m m w t~ C� a� L 0 Q bA N WWI w D U w i z w V) m Q � 1 w z a� w March 30, 2017 There being no further business before the Commission, the meeting was adjourned at 4:47 p.m. Date t"J I U I 1-7 0'� on Chairman