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pc_09 06 1994subI. II. LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD SEPTEMBER 6, 1994 12:30 P.M. Roll Call and Finding of a Quorum A Quorum was present being ten in number. Approval of the Minutes of the July 26, 1994 meeting were approved as mailed. III. Members Present: Members Absent: City Attorney: Diane Chachere, Chairperson Kathleen Oleson Emmett Willis, Jr. Ramsay Ball Bill Putnam Ron Woods John McDaniel B. J. Wyrick Joe Selz Bract Walker One Open Position Stephen Giles LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA SEPTEMBER 6, 1994 I. DEFERRED ITEMS: A. "R" Street -- Exclusive Right -of -Way and Easement Abandonment (G-23-211) B. Backyard Burgers -- University Shopping Center -- Site Plan Review (S-1029) C. 1994 Ordinance Amendment II. PRELI_MINARY PLATS: 1. The Hills Subdivision -- Preliminary Plat (5-45-A-16) 2. Ashley -Hankins Subdivision -- Preliminary Plat (5-1004-A) 3. Orley Feagins Subdivision -- Preliminary Plat (5-1033) 4. Roy May Addition -- Preliminary Plat (5-1034) III. PLANNED UNIT DEVELOPMENTS: 5. Hampton Inn -- Short -Form PCD (Z -3410-C) 6. U -Haul of Arkansas -- Amended Short -Form PCD (Z -4074-A) 7. Mid-America Center -- Amended Short -Form PRD (Z -4085-C) 8. MGM Properties -- Amended Short -Form POD (Z -5770-A) 9. Kremer°s -- Short -Form PRD (Z-5873) 10. Global Learning Center -- Short -Form POD (Z-5874) IV. SITE PLAN REVIEWS: 11. Chenal Center -- Site Plan Review (5-1035) 12. Pro -Life Center -- Site Plan Review (Z-5862) V. CONDITIONAL USE PERMITS: 13. Geyer Springs First Baptist Church -- Amended CUP (Z -5365-B) 14. Pilgrim Rest Baptist Church -- CUP (Z -5828-B) 15. Armstead Manufactured Home -- CUP (Z-5858) 16. Bread of Heaven Church -- CUP (Z-5860) 17. Holy Temple Church of God in Christ -- CUP (Z-5863) 18. Cellular One Tower - Adams Field Cell Site -- CUP (Z-5865) 19. Cellular One - Cloverdale Cell Site -- CUP (Z-5866) 20. Cox Manufactured Home -- CUP (Z-5867) 21. Archild Center for Children -- CUP and Abandonment of a Portion of S. Tyler St. (Z-5868) 22. Coulson Oil -- CUP (Z-5869) 23. Safelite Auto Glass -- CUP (Z-5871) 24. Pankey Community Park -- CUP (Z-5872) VI. STREET RIGHT-OF-WAY ABANDONMENT: 25. Park Street and W. 26th. Street -- Right -of -Way Abandonment (G-23-217) VII. REZONING: 26. Roy May Addition -- Rezoning from R-2 to C-4 (Z-5870) September 6, 1994 ITEM NO.: A FILE NO.: G-23-211 Name: "R" Street Exclusive Right -of -Way and Easement Abandonment Location: "R" Street, between North Pierce and North Fillmore Streets owner/Applicant: Calvary Baptist Church by Burt Taggart Request: To abandon the "R" Street Right -of -Way between North Fillmore and North Pierce Streets and to abandon any public easements located in that portion of public right-of-way. The applicant has requested that this item be deferred to the July 26, 1994 Planning Commission meeting. The applicant desires more time to meet with the neighborhood and city staff in hopes of finding an acceptable means to abandon or realign this block of "R" Street. SUBDIVISION COMMITTEE COMMENT: (MAY 26, 1994) The Committee was informed of the applicant's request to have this item deferred to the July 26, 1994 Planning Commission meeting. The Committee forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (JUNE 14, 1994) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested that this item be deferred to allow more time to meet with neighborhood residents and to revise the application. As part of the Consent Agenda, this item was approved for % eFerral—bo—t-he July 26 9 AA zann n� Comms ori —meeting. 1.1-1� vote was 10 ayes, 0 noes and 1 absent. SUBDIVISION COMMITTEE COMMENT: (JULY 7, 1994) The Committee was informed that the applicant had requested a second deferral, this time to the September 6, 1994 Planning September 6, 1994 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: G-23-211 Commission meeting. This deferral will allow for further development of the plan to realign "R" Street and to continue meeting with the neighborhood. There was a meeting with the Heights Merchants Association and the Heights Neighborhood Association on June 30, 1994. The Committee forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (JULY 26, 1994) Staff reported that the applicant had submitted a request for a second deferral. As part of the Consent Agenda, the item was deferred to the September 6, 1994 meeting. The vote was 8 ayes, 0 nays, 2 absent and 1 open position. STAFF UPDATE AND ANALYSIS: In response to meetings with the Planning Staff and the staff of the Public Works Department, the applicant has submitted a revised application. The revised application asks for the exclusive abandonment of the north 11.2 feet of the "R" Street right-of-way between Fillmore and Pierce Streets and of any easements located within that 11.2 feet. A 28 foot wide street with sidewalks on both sides will be constructed in the remaining 40 foot right-of-way. This block of "R" Street currently contains a 24.5 foot wide street with sidewalks. Parking is allowed on the south side of "R" Street leaving only about 16 feet of pavement to accommodate the flow of traffic east and west on the street. Calvary Baptist also has a parking lot located south of this block with a driveway exiting onto "R" Street. This makes for a dangerous and congested situation. If this proposal is approved, the resulting 28 foot wide street would accommodate parking on one side and leave about 20 feet of traffic lane for the east/west traffic flow. The driveway entering the street from the south would also be removed, further lessening the congestion. A great deal of neighborhood and staff concern has been -r -al over the initial proposals submitted regarding this block of "R" Street right-of-way. The initial proposal put forth by the applicant was to close this block of "R" Street altogether. It became immediately apparent that this proposal had neither staff nor neighborhood support. The second proposal submitted by the applicant was a realignment of the right-of-way resulting in a 49 foot offset at the Pierce Street intersection. Again, neighborhood concern was voiced over the possible negative impact 2 September 6, 1994 SUBDIVISION ITEM NO.: A_ (Cont.) FILE NO.: G-23-211 on businesses which front on "R" Street to both the west and east of this block. After a thorough review of this proposal, and taking into consideration such factors as public welfare and safety, neighborhood effect, and the availability of other alternatives, the Planning Staff again advised the applicant that it could not support the application. This final plan offered by the applicant would retain the direct east/west alignment of "R°' Street. There would be approximately a 3.85 foot offset to the south from the current alignment of the street. The resulting 28 foot wide street would be an improvement over the existing 24.5 foot wide street. The driveway entering the street from the south would be eliminated, thus lessening the congestion. The integrity of the Heights commercial neighborhood fronting on "R" Street would be maintained and there should not be a negative impact on the neighborhood. Staff is supportive of this final proposal. STAFF RECOMMENDATION: Staff recommends approval of this request to abandon the north 11.2 feet of the "R" Street right-of-way between North Pierce and North Fillmore Streets and to abandon any easements located in that 11.2 feet. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Burt Taggart and Walter Draughon were present representing Calvary Baptist Church. Mr. Taggart advised the Committee of this latest proposal and explained the design of the proposed street. After a brief discussion, the Committee forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Burt Taggart and Walter Draughon were present representing Calvary Baptist Church. Staff reported that a letter had been r--ec e -i ved- -from-the-app-li cyan t and f roma—epees ent a t i ve of—tho-s-e opposed to the "R" Street abandonment indicating that an agreement was near. Staff asked the Commission to defer the item until September 20, 1994 in hopes that an agreement could be reached between the church and the neighborhood. As part of the Consent Agenda, the item was approved for deferral to September 20, 1994 by a vote of 10 ayes, 0 noes and 1 open position. 3 September 6, 1994 ITEM NO.: B FILE NO.: S-1029 NAME: BACKYARD BURGERS - UNIVERSITY SHOPPING CENTER -- SITE PLAN REVIEW LOCATION: On Asher Ave., approximately 300 feet east of University Ave., in the University Shopping Center parking lot. DEVELOPER: SYNERGISED PROPERTIES 6823 Cantrell Road Little Rock, AR 72207 666-0776 AREA: N.A. NUMBER OF LOTS: ZONING• C-3 PLANNING DISTRICT: 9 CENSUS TRACT: 21.02 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: ENGINEER• Pat McGetrick MCGETRICK ENGINEERING 11225 Huron Ln., Suite 200 Little Rock, AR 722111 223-9900 1 PROPOSED USES: None FT. NEW STREET: 0 Drive-Thru Restaurant The applicant proposes the construction of a Backyard Burgers fast food drive-thru unit to be located on a lease parcel in the parking lot of the University Shopping Center. The unit is to be a typical Backyard Burgers outlet with drive-thru service and outside patio seating. The building has been sited to provide vehicle stacking of 7 or 8 cars for each of the two drive-thru lanes. A. PROPOSAL/REOUEST: Site plan review is requested by the Planning Commission for construction of a new Backyard Burgers outlet to be located in the University Shopping Center parking lot. Drive-thru anSei"yi Ce i ed A n ro-,rl_lnn for vehicle stacking space for 7 or 8 cars per drive-thru lane has been designed before interference with traffic flow in the main east -west drive of the shopping center parking lot would occur.. B. EXISTING CONDITIONS: The shopping center site is zoned C-3, and is a 17 -acre tract with total building area of approximately 202,537 square feet consisting of a main shopping center building, a September 6, 1994 SUBDIVISION ITEM NO.: B (Continued) FILE NO.: 5-1029 service station at the northwest corner of the tract, and three free-standing buildings along the south, Asher Avenue, frontage of the tract. These three free-standing buildings consist of a Superior Federal branch bank at the southwest corner of the tract, a First Commercial branch bank approximately centered along the Asher Ave. frontage of the parking lot, and a video store located at the southeast corner of the parking lot. The shopping center currently provides approximately 843 parking spaces; 556 spaces are required by the regulations. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the proposed traffic flow does not provide adequate stacking space for vehicles waiting for service at the order boards, and that there is a potential for stacked cars to block the shopping center main east -west drive. Little Rock Water Works reports that they will need to be contacted regarding meter size and location. They indicate that service to this part of the tract may present some problems. Little Rock Wastewater Utility reports that sewer is available, and there will be no adverse effect on the sewer system. Arkansas Power and Light Co. will require easement for service to the facility. Southwestern Bell Telephone Co. approved the submittal without comment. The Little Rock Fire Department approved the submittal without comment. Landscape review comments that a 6 foot wide landscape strip is required at the lease lot line around the perimeter of the site, exclusive of ingress and egress drives. Also, a 3 foot wide landscape strip is required between the public parking and the building. An 8 foot high dumpster enclosure will be required on 3 sides of the dumDster. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Section 31-13 of the Subdivision Ordinance requires site plan review for developments "involving the construction of two (2) or more buildings". The site is a 17 -acre site E September 6, 1994 SUBDIVISION ITEM NO.: B (Continued) FILE NO.: 5-1029 containing the main shopping center building, a service station building, and three other free standing buildings. The Backyard Burgers outlet would be the sixth building on the site. Site plan review pursuant to the provisions of the Subdivision Regulations, then, is required. A provision for the required building and lease lot line landscaping needs to be addressed. The Backyard Burgers facility is located immediately to the east of the first entrance drive off Asher Ave. east of University Ave. This places it between this drive and the First Commercial branch bank facility. Traffic leaving the Backyard Burgers drive-thru would either: a) turn to the east and drive south of the First Commercial bank, sharing this space with customers leaving the bank drive-thru; or b) double back to the north towards the main shopping center east -west drive. There are no clear traffic routes, and practically no stacking space, for vehicles accessing the First Commercial drive-thru, and the addition of the Backyard Burgers traffic to this area compounds the problem. E. ANALYSIS• The traffic patterns in the area between the Backyard Burgers facility and the First Commercial location are confused and congested. There is inadequate space in this congested area for the traffic from these two uses to be able to maneuver safely. The site, even after reducing the parking by approximately 28 spaces to accommodate the new use, still meets the parking requirements. Parking for 556 vehicles is required; parking for 775 is provided. F. STAFF RECOMMENDATIONS: Staff recommends denial of the site plan as presented. SUBDIVISION COMMITTEE COMMENT: (JULY 7, 1994) Mr. Pat McGetrick, the project engineer, was present. Staff outlined the proposal and reviewed with the Committee and Mr. McGetrick the deficiencies noted in the discussion outline. There was discussion regarding the various deficiencies and the traffic engineer's analysis of the potential problem with inadequate stacking space for vehicles waiting for service. The Committee forwarded the plan to the Commission for final resolution. K September 6, 1994 SUBDIVISION ITEM NO.: B (Continued) FILE NO.: 5-1029 PLANNING COMMISSION ACTION: (JULY 26, 1994) Staff reported that a letter had been received from Mr. Pat McGetrick, the project engineer, requesting that the hearing of the item be deferred until the August 9, 1994 Commission meeting. Mr. McGetrick had indicated that a redesign of the site was being considered in order to deal with the staff concerns concerning traffic flow around the proposed Backyard Burgers. The item was included on the consent agenda for deferral, and the deferral was approved with the vote of 8 ayes, 0 nays, 2 absent, 0 abstentions, and 1 open position. PLANNING COMMISSION ACTION: (AUGUST 9, 1994) Staff reported that the applicant had been in contact with staff during the previous two weeks to discuss the staff concerns regarding traffic circulation around the proposed Backyard Burgers. Staff related that the primary concerns had been the apparent inadequate vehicle stacking distance between the service windows and the shopping center's east -west drive, and the possible traffic flow conflicts with First Commercial Bank customers. Staff reported that staff had suggested that Backyard Burgers reverse the traffic route to provide additional vehicle stacking distance, and that the parking lot in front of the First Commercial Bank drive-thru facility be re -striped and have an island installed to separate the traffic of the two uses. Mr. Pat McGetrick was present to represent the applicant. Mr. McGetrick reported that the shopping center management and the Backyard Burgers representatives had studied the various options, and had agreed that the parking area to the north of the First Commercial Bank could be re -striped to provide better traffic flow, and, that a landscaping strip could be provided to separate the traffic generated by the two uses; however, Backyard Burgers had felt that if the traffic flow around the building were reversed, the rear of the building would be facing Asher Ave., and that would be unacceptable. Mr. McGetrick indicated that potential problems with vehicle stacking would be limited, primarily, to lunchtime when the shopping center traffic is minimal. He, therefore, asked the Commission to approve the site p an as—nevi-sed-, butwitbhou-t—the—r--equir-ement—t-o--re ewe the traffic flow and, consequently, the building. A motion was made and seconded to approve the site plan as presented; however, with the vote of 4 ayes, 4 nays, 2 absent, 0 abstentions, and 1 open position, the motion failed to receive the required number of votes for approval, and was deferred until the September 6, 1994 Commission hearing. 4 September 6, 1994 SUBDIVISION ITEM NO.: B (Continued) FILE NO.: 5-1029 PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that the applicant had agreed to the staff and Subdivision Committee recommendation that the proposed Backyard Burgers building be reversed so that the front of the building faces north. This modification allows traffic flow to the drive - up windows to enter the drive -up at the lanes between the proposed building and the existing First Commercial Bank facility, and increases the stacking space to over 20 vehicles in lieu of the 7 or 8 cars which was provided in the original submission. This change addresses the staff concerns regarding the potential for stacked cars waiting for service at the Backyard Burgers restaurant blocking the main east -west drive through the shopping center parking lot. The item was included on the consent agenda for approval, and the site plan was approved with the vote of 9 ayes, 0 nays, 0 absent, 1 abstention, and 1 open position. A September 6, 1994 ITEM NO.: C SUBJECT: An amendment to the provisions of the Zoning Ordinance establishing rezoning procedure and conditional approval. REOUEST: To approve the content and recommend the draft submitted by the City Attorney and forward to the Board of Directors. STAFF REPORT: At its meeting on August 2, 1994, the Board of Directors directed staff to pursue the creation of an ordinance amendment that would permit the placement of conditions within a rezoning ordinance. This request resulted from a hearing on an application of significant interest. Although the subject of conditional rezoning has been discussed by the Board and numerous cases approved with conditions the City Attorney and certain Board members felt that the Zoning Ordinance should be clear on the matter. The Planning staff worked with Mr. Carpenter and his staff to draft language that is workable. It should answer questions that consistently reoccur, while avoiding both P.U.D. conflict and contract zoning. The draft submitted is constructed so as to place the applicant at the control point of allowing the applicant to initiate a conditional request at the Planning Commission level. The applicant could introduce use, bulk or area, access or density restrictions in response to concerns voiced in the Commission meeting. The application would come to the Board with the Commission's recommendation. The Board would then act to approve, deny, modify or return for more study. We feel this amendment will permit all involved parties to be a part of the process, see concerns dealt with in a controlled fashion and a permanent public record made of commitments. A copy of the draft is attached. RECOMMENDATION: Approved as submitted. PLANNING COMMISSION ACTION: (AUGUST 23, 1994) The Chairman asked the staff to present its comments on the proposed ordinance. September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) Ron Newman, of the Planning staff, presented a brief overview identifying the history of the ordinance proposal and its origin with the City Board of Directors. Stephen Giles, Assistant City Attorney, then continued Mr. Newman's comments by adding his thoughts on the need for the ordinance and the purpose of the current ordinance draft. In general, those comments were centered about the need that was perceived by the City Attorney's Office for specific language in the zoning Ordinance, providing for what the City Board is currently doing. Mr. Giles stated that the City Attorney's Office had on numerous occasions identified that the City's legislative authority was broad with respect to land use. He followed that comment by a statement that "an open zoning classification in some instances might not be appropriate for a particular location. But with some conditions attached to it, the Commission might find that it is compatible; therefore, the proposed process here is somewhere between a straight rezoning application and a true P.U.D. application." He stated further that "unlike a P.U.D., which is user specific, this type of application would not be user specific." Mr. Giles pointed out that he wanted to stress that every zoning situation will not be susceptible to this process or the kinds of conditions proposed by this ordinance. "It is only to be used in those circumstances where the Planning Commission finds it particularly appropriate." He stated that "this ordinance does not attempt to state what those kinds of locational circumstances are but leave some discretion to the Planning Commission. Any conditions imposed would be those imposed by the applicant upon his or her request. The Commission after accepting such conditions imposed by the applicant would then forward the recommendation on the application to the City Board." Chairperson Chachere asked that the City Attorney address the issue of time constraints on an application. Mr. Giles responded by saying, " that is not one of the several issues in it to hear. It deals with such as bulk and area, use and access. Mr. Giles offered an example, being a C-3 application where concerns offered by both the Planning Commission and_nelghborsas to certain factors involving the uses allowed by the district. He pointed out that with the applicant's concurrence that the Commission could accept a restriction on the use listing to eliminate those that were deemed to be inappropriate to a given location. Mr. Giles also pointed out that on the official zoning map the posting of the reclassification would include a notation with 2 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) conditions, and the ordinance that creates that conditional relationship would set forth all of the various conditions imposed. These would subsequently be filed with the circuit clerk's office to assure a tie to the title to the property and would run with the land and provide notice to subsequent buyers of the property. Chairperson Chachere then posed a question of Mr. Giles as to the circumstance of a conditional rezoning where circumstances change in the future and how that would be accomplished. Mr. Giles responded by stating that, "it would be treated much like a new application in that the owner would have to go back through the same process to make modifications in the classification and condition list." Commissioner Oleson then posed a question as to whether an applicant could initially approach the staff and file an application with conditions that would subsequently be submitted to the Planning Commission. Mr. Giles responded by pointing to the ordinance provision, as now drafted, which would require that a public hearing be held first before conditions are discussed and that those conditions would then have to be offered by the applicant or owner. He also pointed out that once established at the Planning Commission level these conditions don't change to the Board of Directors' level. The Board would then have the several options that are pointed to in the ordinance. That is, approval as recommended by the Commission, a denial or referral to the Planning Commission or the possibility of accepting and placing within the ordinance conditions that are more restrictive in nature. Commissioner Ball then posed a question very similar to Commissioner Oleson's as to whether or not the staff would encourage someone to file an application with conditions imposed. Mr. Giles responded by stating that was not the intent of this ordinance. The intent is that those conditions arise during the public hearing process at the Planning Commission level. Such a circumstance with an applicant should actually be filed as a P.U.D. on the front end. Mr. Giles once again clarified the point that once a public hearing has been accomplished and before a vote on the is -sue, -the Commission would identify those concerns that had been expressed both by the Commission and neighbors. At that point then, the applicant could introduce those kinds of conditions in the proposed ordinance that would deal with the concerns expressed. Once a consensus was reached, then the application could be forwarded to the Board. KI September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) Commissioner Ball then posed the question as to whether a circumstance where an applicant did not want conditions imposed; where the applicant could simply obtain a vote on his application as filed or would he be required to deal with conditions. Mr. Giles responded by stating that ,this ordinance is not intended to impose requirements on a developer and cause them to submit to conditions they do not want to accept. Mr. Giles says he feels like this ordinance will not force an applicant to accept what it does not want. If an applicant wanted a vote up or down on his application, that he should receive such a vote." Commissioner Ball then asked whether an application that was voted down without the application's being conditioned could the applicant refile within the year and place the conditions on the petition. The Chairman at this point commented that she thought that an application would have to be appealed to the Board that the one year rule would not apply until that issue had been resolved at the higher level. Mr. Giles concurred in this opinion. He stated "the application would still go on to the Board with the recommendation of denial by the Planning Commission and it would be the Board's decision finally to determine the status of the application." In response to Mr. Ball's question about the one-year turnaround, Mr. Giles stated he had not thought out that question thoroughly; however, he felt that the refiled application would have to be substantially different from that which was previously submitted and reviewed. That is a requirement of current ordinance. Commissioner Ball then posed his last question which was concerning landscaping as to whether or not that could be one of the conditions imposed. Mr. Giles indicated that he did not think it could since that is not one of the forms of conditions that could be imposed under this ordinance. After a brief conversation with Richard wood of staff, Mr. Giles stated that the landscape ordinance is in fact a separate ordinance. The City Beautiful Commission provides for its administration and enforcement. Mr. Giles asked for clarification as to whether or not Commi"j_onor Ball ; nfiPnded his question to include the Commission imposing super landscaping requirements. Commissioner Ball responded by stating that basically yes in as much as everyone coming through for site plan review typically offers or is asked to install a larger open space, landscaping or whatever may be appropriate to go beyond the minimum landscape 4 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued strips. Mr. Giles responded by saying the ordinance includes only bulk and area uses, access, and density. It does not specifically include landscaping. A brief discussion followed involving Mr. Giles and Commissioner Oleson and others concerning the many occasions which landscaping is the issue on which an application will turn. Commissioner Walker then posed a question as to whether this ordinance proposal includes a staff allowable such as the 5% modification allowed the Planning Director in the P.U.D. Mr. Giles responded by saying that this ordinance did not intend staff interpretation but that those conditions imposed by the ordinance be specific in nature. Chairperson Chachere then asked if there were no further questions by members of the Commission whether it was appropriate for Mr. David Jones to come forward and offer his comments. There being no additional questions Mr. Jones was requested to present his position on this ordinance. Mr. Jones offered a brief history of the origin of this ordinance, especially as it related to an application that he has currently before the City Board of Directors. He offered additional comments on the appropriateness of the type of legislation that is being offered here by the City Attorney and that which the City Board is expecting to be presented to them. Mr. Jones pointed out that he had observed that this Commission had been dealing with conditional zoning relationships for as long as he had been dealing with zoning before the Planning Commission. He pointed out that the Planning Commission had not been privileged to receive a copy of the detail memorandum prepared by City Attorney, Tom Carpenter, and presented to the City Board which specifically outlined the intent of the area provision of this draft ordinance. That communication gave Mr. Carpenter's interpretation of what this ordinance is intended to do and how it will be interpreted by the City staff and ultimately carried through the Planning Commission and the Board of Directors. Mr. Jones stated that the area in the ordinance that he took specific exception to "was" and he quoted from Mr. Carpenter's memo to the Board, that the volunteer nature of the applicant under these restrictions is going to be changed to where it will be required and that the authority will shift to the Planning Commission to demand that an application be restricted to certain conditions that come out of the public hearing. He stated that he felt that he would interpret the ordinance as saying that a vote would in fact be on required conditions imposed by the 5 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued Planning Commission in addition to the actual zoning requested. He continued by saying that in regard to the Camp application on Hinson Road that he was still agreeable to do those things which he said he would do. However, he stated that was not the reason that he was here before the Planning Commission today. He said that was a good faith effort on his part and they will continue to do what they promise to do. Mr. Jones stated that he felt some of the Board members agreed with him that there was really no need for further legislation to do what the Planning Commission has always being doing, as long as he could remember. Attaching additional requirements at the request of the applicant if they agreed so, and if not the Commission would simply vote the issue down. He stated that he felt the legislation was coming down as a direct result of Director Adcock asking a question at the Board meeting "is there any way that we could assure that these restrictions that are agreed to by the applicant will be carried on no matter who owns the land." At that meeting, Mr. Carpenter, the City Attorney, responded by saying "no and the only way you can assure is to impose a P.U.D." Except, Mr. Jones stated that he did not agree with that interpretation of Mr. Carpenter and felt that most of the commissioners agreed with him. Mr. Jones stated that he felt like all the people that had been involved in all of these conditional issues and compromises reached over the years would not agree. But now, all of sudden their actions are lacking the authority to be enforced at any one point in time. Mr. Jones said "he felt like that practically speaking there are no minimum standards remaining after the adoption of an ordinance such as this." The reality of it is when it comes before the Planning Commission with a C-3 or 0-3 request and the Planning Commission has the ability to attach additional restrictions guess how many times requests will be granted simply with the conditions set forth in the ordinance. He stated "that if the Planning Commission feels like there are additional standards or requirements required in the ordinance that those zoning districts should be modified to deal with that." This ordinance means, if adopted, that nothing is definite. There are no fixed standards such as setback requirements and height. He felt this ordinance imposed the P.U.D. process on every rezoning application short of the use listing. Mr. Jones then posed the question of whether or not this was contract zoning and in his opinion it was. Mr. Jones stated that he felt that this legislation was simply a knee jerk reaction to his application on Rodney Parham and Hinson Road, too out of line and way too restricted. He indicated that the rest of the development community probably had questions and reservations about it. 0 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) Commissioner Oleson then touched on the question Mr. Jones raised about contract zoning. She asked Mr. Giles to respond. Mr. Giles indicated there was a fine line in certain circumstances between contract and conditional zoning. He offered some comments about case law in other states and an old case in Arkansas dealing with the Hocott properties on Kavanaugh. He stated that after looking at cases and studying the Arkansas law, that the City Board can do this through this ordinance. He stated that "the concern that his office has had is that the City has been doing this without legislative authority." He stated that "its not that the City can't do it under state law. It is just that we have not made provision for such in the past and that the bottom line is if we are going to follow state law, we must have an ordinance to authorize what we are doing." He stated that "it legitimizes what the Planning Commission has been doing for a number of years, especially in those cases where the Commission had questioned the appropriateness of conditional relationships." A general discussion followed between the City Attorney and commissioners involving history of several cases. Commissioner Putnam then offered a number of comments about this ordinance proposal and what he felt was appropriate or inappropriate about it. He offered some history on Planning Commission activities with regard to conditional zoning. He closed his comments by stating that as he understood it this ordinance proposal allowed the staff and/or the Planning Commission to impose conditions on an application for rezoning whether the applicant agreed or not. Mr. Giles responded by stating no that is not the intent of this ordinance. He stated that if an applicant did not want to be hamstrung with conditions imposed by the Commission or the staff. The Commission could not impose those conditions upon the applicant. Mr. Putnam expanded on his previous comments by stating that he was not certain that he understood the line or direction that was being taken by the staff and City Attorney on this proposal. He felt like that more study was needed on this ordinance. Commissioner Walker then offered a comment along the lines of he had proposed and worked an arrangement with the Commission and staff a number of years ago whereby the Planning Commission would not receive these kinds of single ordinance issues but develop a package for each year and not expand upon it until they complete that package before initiating the next series of amendments. He felt like the Board of Directors was well past the time when this package of amendments was assembled and they had missed their 7 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued window of opportunity. He stated that what he was hearing from David Jones was that David would not like this ordinance to be approved. Mr. Jones responded to that comment by stating that he was not necessarily opposed to people allowing conditions to be attached to their application. He was not against anything except that this ordinance specifically says "Planning Commission has the right to demand additional restrictions." Mr. Giles then pointed out that Mr. Jones had the wrong draft for the ordinance that it had changed since he had received that copy. There was a brief give and take between Mr. Jones and Mr. Giles as to what the ordinance content was at this point. Mr. Jones read specifically language from the ordinance that he said specifically gave the Commission the direction that he had indicated. Mr. Giles then offered to Mr. Jones and the Commission a response to Mr. Jones' objection by reading what the current language and the current draft proposes which was provided the Planning Commission, before the public hearing. "A rezoning may be conditioned upon the applicant's request and subject to the Planning Commission's recommendation for an issue concerning the number of permissible uses, bulk, area and access and density may be made more specific than the provisions allowed within the zoning classification when the following has occurred." Mr. Giles then identified that language as coming from a memo that was prepared by Mr. Carpenter and directed to the Board on the 22nd. He stated that this was done after conversations between his office and Mr. Jones. Mr. Giles pointed out that the draft before the Planning Commission is a previous draft and is not the one now recommended by his office. Several persons then offered commentary on the appropriateness of continuing discussion of this item on the wrong ordinance as being submitted for their review. Mr. Giles indicated that this was done as result of discussion with Mr. Jones on the previous day and there was apparently not enough time to provide everyone with a revision of the ordinance text. Mr. Jones then stated that if it could be stated that is the voluntary discretion of the applicant where the conditions are attached to an application, he had no problem with the ordinance proposal. However if the Commission or the Board still have the authority to impose conditions, he opposes the ordinance. He stated that he and his attorney both agreed that what the staff September 6, 1994 SUBDIVISION ITEM NO.: C (Continued and the Planning Commission has been doing for a long number of years which is agreed with restrictions and for those added to the ordinance on file, that those were legal and binding. if somebody does not abide by them and if the City Board wants to, they could come in there and remove the development. He again stated that he only objected to moving these conditions away from the discretion of the applicant to a mandate from the Planning Commission or Board. Commissioner Walker then offered a comment to continue a previous statement. The thrashing out of details and perhaps timing is something that is important to deal with the ordinance that the City Board wants to deal with. He felt that it was very important that Ramsay Ball's issues about the one year limitation be addressed and needs to be expressly stated within the ordinance that an application denied for a conventional rezoning could be refiled and under what circumstances within the year. Mr. Giles clarified that statement for purposes of the record. Commissioner Walker then stated that in his former capacity as Chairman of the Planning Commission he always made sure that the applicant controlled his application. With the direction of the City Attorney, the Commission had always allowed an applicant to decide whether he wanted a vote on the application as filed or with some modifications. In any event the Planning Commission tried to avoid the appearance of extorting conditions from an applicant. Commissioner Walker commented further that he thought that we should not be institutionalizing something that the Planning Commission has been painfully dealing with over a period of time. Mr. Giles then asked for clarification on Commissioner Walker's comment as to whether he meant that an applicant, if he wished not to include conditions in his application and it were denied, that, he would have to wait for a year. Commissioner Walker indicated that he believed that would certainly be a way to deal with it. Commissioner Ball then inserted a comment at this point that his previous comments were not necessarily directed to the professional developers and realtors but directed to those persons not familiar with the process. These persons would not necessarily understand the ramifications of agreements that they might make. David Jones then came forward and offered comments about P.U.D.'s and the value of land and the ability to determine value in land based upon zoning and decisions made by the City. If all the variables such as height and area are subject to negotiations then that does hurt the value of the land. L•` September 6, 1994 SUBDIVISION ITEM NO • C (Continued) Ruth Bell, of the League of Women Voters, was then recognized. Mrs. Bell came forward and offered comments. She stated that it appeared to her that the Planning Commission did not understand the proposal that had been presented and that this sounded like perhaps attorneys are deciding that more laws are better than less. She said that she was not convinced that this was a needed ordinance. Commissioner Putnam then inserted a thought that this change that is now being discussed was handed out after the fact. The Commission was given a draft which is now modified without their benefit of having seen language. He stated that the Planning Commission had not asked for any changes to be made and that the Board of Directors had not explained to the Commission why they were having problems. Commissioner Putnam said he felt that this was an important piece of legislation and should not be passed without due diligence. He felt the Plans Committee or the whole commission should review this issue at length. Commissioner Willis then offered some concerns about the process contained in this ordinance. He asked Mr. Giles "are we now asked to look at this ordinance at this time and then vote on it or do we need to table this and obtain the additional information." Mr. Giles then stated that he understood the language in the draft before the Commission sounded like the Commission would be controlling the circumstances and imposing conditions. He stated that this is not the case. The draft has been modified. He indicated that this modification was accomplished after discussions with Mr. Jones. Mr. Giles stated that the Commission imposing conditions in that fashion would be true contract zoning which is not permissible. Commissioner Oleson then asked for clarification as to whether or not the Planning Commission could asked that a request be changed to a P.U.D. Mr. Giles responded yes they could do that. Mr. Giles again pointed out the language and that it was in the control of the applicant in this draft. After revision, the Planning Commission would not be imposing conditions. Planning Commission would deal with and forward a conditional rezoning application. He stated that the City Attorney's Office had intentionally inserted language that now puts the applicant in charge of his application. The applicant would have to verbally accept the conditions before a vote was taken by the Planning Commission on his application. 10 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) Commissioner Selz then offered a question, "Why are we doing this if the Supreme Court had already ruled that the process utilized in the Hocott case on Kavanaugh was appropriate?." Mr. Giles responded by saying that was under a former and much older ordinance and there was a somewhat different subject and it was a Bill of Assurance required by the City. He stated that the way the City has been doing business with conditional reclassification is not the same issue as the Hocott. Giles then offered comments concerning the effect on an applicant not performing conditions applied under our current structure and the problem with attempting to enforce those. Commissioner Oleson echoed comments by Mr. Giles and stated that all of this is doing is attempting to place in the zoning Ordinance procedures for legally doing what we are already accomplishing. Commissioner Selz pointed out that he felt that from this point on under this structure that everyone who comes before the Commission would be possibly subjected to a commissioner requesting or asking for more landscaping or more of some particular design facet. Chairperson Chachere then pointed out that in some circumstances her vote would not have been obtained by the developer had not some conditions raised by the Commission not been included within the applicant's petition. Commissioner Putnam then restated a previous comment as he thinks that more people in the community need to look at this proposal before its rushed through the process. Mr. Jones then stated that although he had not read all of the language since the ordinance draft had been modified and he was reluctant to accept things verbally without having read them, he would offer that if no other changes have been made other than in the paragraphs that were read by the City Attorney as far as he was concerned, all that this ordinance does is restate what is currently being done. However, the ordinance draft that the Commission has before them at this time substantially changes the way we do business. He restated a previous comment of his that if what the City Attorney is saying is factual and the changes do what Mr. Giles had pointed out, then he has no problem with it and would like to see it moved through as quickly as possible. He felt that a holdup or continuance of this issue would be used against him and hold up his application. 11 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) Commissioner Putnam posed a question as to whether or not a deferral for two weeks would be of particular significance. It was determined that September 6 would be the next hearing of the Planning Commission, which is the same date that the City Board next meets. Mr. Jones said he felt like the Planning Commission could hear this issue on the afternoon of the September 6, and then the matter be handed to the Board for their hearing that, night that he would have no problem with that. Chairperson Chachere then pointed out that she felt like the Commission would expect corrected versions to be provided as soon as possible within the next few days. Commissioner Ball stated that he would like some further discussion of landscaping as related to these kinds of conditional ordinances and it is typically one of the items that is discussed. Mr. Giles pointed out again that this ordinance deals with use type, area, bulk and access. A brief discussion was then held involving Richard Wood, of the Staff. Mr. Giles and the commissioners centered their discussion on the Planning Commission meeting on September 6 being a heavy agenda with many items and the need to place this item first on that agenda to assure proper discussion and disposal of the matter. The discussion then moved back to conditions and types of things that the ordinance might regulate such as hours of operation. Commissioner Selz pointed out that the more you add things to this and broaden the conditions the more it begins to look like a P.U.D. Mr. Giles pointed out that this process is entirely different from a P.U.D. and that a P.U.D is filed initially by the applicant using a different set of criteria and difference ordinance. It is something directed by the applicant from the beginning point to completion. He pointed out that it does open up some of the kinds of things that are dealt with in a P.U.D., but it is not intended to be a P.U.D. He pointed out that this does pen the project down to a specific user such as a P.U.D wour . A brief discussion followed involving several of the commissioners and Mr. Giles as to whether or not a site plan could or would be utilized in the context of this ordinance structure. It was generally understood that it would not. Mr. Giles stated that what this ordinance was trying to do was to put something in place that would be workable and then at the same time would not be abused or be abusive. 12 September 6, 1994 SUBDIVISION ITEM NO.: C (Continued) Chairperson Chachere pointed out that it appeared to her that it looked like we were going to reconsider this item on the 6th of September. Mr. Giles then asked the Chairman if it would not be possible to make this item the first item heard on the 6th in order to expedite the matter and provide time for discussion and a little time for potential modification of the text before it has to be presented to the Board. Ron Newman, of the Planning Staff, then injected a thought that perhaps the Plans Committee of the Planning Commission could look at this between now and September 6 and render a determination. Mr. Newman felt that might shorten the process at the regular public hearing on the 6th. A brief discussion followed where it was determined that a meeting would be held by the Plans Committee. The Chair then asked staff if a motion was in order on this issue. Richard Wood, of the Staff, responded by stating that this was an advertised public hearing, and therefore, a motion by the Commission for deferral would be required. A motion to defer the item to September 6 was made. Seconded and passed by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. And for the record Mr. Giles asked that Mr. David Jones be advised of the time and place of the Plans Committee so that he might participate. At the suggestion of the Chair, Ron Newman brought the issue of the time for a Plans Committee meeting. For discussion he suggested the 1st of September, a Thursday. It was decided that 12:00 noon would be appropriate on that day, and the meeting be held in the Staff Conference Room at 723 West Markham. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Stephen Giles, of the City Attorney's Office, reviewed the proposed ordinance amendment to permit rezonings with conditions. Mr. Giles made a lengthy presentation and answered questions. Several interested individuals, including David Jones and Ruth Bell, then addressed the Commission. Both Ms. Bell and Mr. Jones offered comments and indicated that they thought the ordinance amendment was not necessarv. After a long discussion, the commission members decided that they needed additional time to study the current draft. The issue was deferred to the September 20, 1994 hearing. The vote was 10 ayes, 0 nays, 0 absent and 1 open position. 13 September 6, 1994 ITEM NO.: 1 FILE NO.: S -45-A-16 NAME: THE HILLS SUBDIVISION -- PRELIMINARY PLAT LOCATION: North of the intersection of Otter Creek Parkway and Wimbledon Loop Road DEVELOPER: ENGINEER• ROCK VENTURE Pat McGetrick 11225 Huron Ln. MCGETRICK ENGINEERING Little Rock, AR 72211 11225 Huron Ln., Suite 200 223-9900 Little Rock, AR 72211 223-9900 AREA: 31.13 ACRES NUMBER OF LOTS: 81 FT. NEW STREET: 3550 ZONING: R-2 PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 16 CENSUS TRACT: 42.08 VARIANCES REQUESTED: 1. Waiver from the requirement to construct a sidewalk along Cayman Cove 2. Waiver from the Public Works requirement that Davis Cup Lane be constructed to collector standards STATEMENT OF PROPOSAL: The applicant proposes the development of a 31 -acre tract which lies adjacent to and is to become a part of the Otter Creek property owners' association. The development of 81 single- family residential lots on 3550 feet of new streets is proposed. Along the east and west boundaries of the property, strips and areas of ground are reserved as open space. A waiver of the sidewalk requirement for Cayman Cove, a standard residential cul- de-sac, is requested, with the justification being that a sidewalk is to be constructed in the open space strip which lies at the rear of Cayman Cove lots which back up to—the ea,--t`ern open space strip. The primary access road through the site, Davis Cup Lane, is proposed to be constructed to standard residential standards. Public Works states that this road should be built to collector standards, and the applicant seeks a waiver from this requirement. The remaining four cul-de-sacs qualify as minor residential streets, and no sidewalks are required nor planned to be constructed along their rights-of-way. September 6, 1994 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: 5-45-A-16 A. IM C. PROPOSAL/REQUEST: Planning Commission approval is plat for the subdivision of a 31 single-family lots and the const streets. The layout includes: primary through street which is standard residential standards; de -sacs, four of which qualify a and along which no sidewalks are exceeds the length to qualify as and for which a waiver of the si sought; and, 3) provision of lin Lots" along the east and west bo waiver is sought from the Planni Public Works requirement that th Davis Cup Lane, be constructed t lieu of being constructed to sta -equested of a preliminary -acre tract to include 81 suction of 3550 feet of L) construction of one )roposed to be built to ?) construction of five cul - minor residential streets proposed, and one of which a minor residential street iewalk requirement is gar open space and "Tot indaries of the site. A ig Commission from the primary through street, ) collector standards in idard residential standards, as proposed. The Board of Directors will be asked to waive the requirement to construct a sidewalk along the standard residential cul-de-sac, Cayman Cove, with the justification being that a sidewalk is to be constructed in the open space which abuts lots which lie along the eastern right-of-way of Cayman Cove. EXISTING CONDITIONS: The site is presently undeveloped and is heavily wooded. The southern boundary of the site abuts the northern boundary of the Otter Creek Community, Phase IV -A, and the proposed development continues the street system from Otter Creek into the new addition. The site is zoned R-2, with exclusively R-2 zoned land surrounding the site. ENGINEERING/UTILITY COMMENTS: Public Works will require that Davis Cup Lane meet collector street standards, including constructing the street as a 36 foot wide section in a 60 foot right-of-way, with a sidewalk along one side of the street. The developer will be required to submit, prior to beginning any work on the site, construction plans for street improvements, a complete grading and drainage plan, and a stormwater detention plan. Water Works reports that water main extensions will be required. Wastewater reports that sewer main extension, with easements, will be required. 2 September 6, 1994 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S -45-A-16 Arkansas Power and Light Co. will require easements. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require easements. The Little Rock Fire Department approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: In the "Definitions" section of the Subdivision Regulations, a minor residential street is defined as, for example, a cul-de-sac street having a length of 750 feet or less and providing access to not more than 35 single-family lots. Section 31-209 stipulates that a minor residential street does not have to have the required sidewalk constructed along the one side of their right-of-way. Section 31-202.a sets the maximum allowable length of a cul-de-sac street at 1000 feet. Four of the cul-de-sacs meet the requirement for minor residential street designation, and no sidewalk is required or planned. Cayman Cove is 1000 feet in length, and, since it exceeds the 750 foot length, meets the requirement to be classified as a standard residential street where a sidewalk is required; however, the applicant seeks a waiver of that requirement. In the "Definitions" section of the Subdivision Regulations, a collector street is defined as one that is designed primarily to gather traffic from local or residential streets and carry it to the arterial system. The developer seeks to build a standard residential street in a 50 foot right-of-way, and seeks a waiver of the Public Works requirement that Davis Cup Lane be constructed to collector street standards in a 60 foot right-of-way. E. ANALYSIS• The definition of a minor residential street includes both a length requirement (750 feet of length for a cul-de-sac street) and a number of lots served requirement (35). Although Cayman Cove exceeds the 750 foot length requirement, it only serves 29 lots. Staff can support the waiver request for the sidewalk along the Cayman Cove right- of-way, especially since a sidewalk is proposed to be constructed at the rear of lots along the east side of the right-of-way and which abut the open space which lies along the eastern boundary of the site. K, September 6, 1994 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: 5-45-A-16 Davis Cup Lane has no lots which face it; it "gathers" traffic from six other streets. it serves, in this phase, 81 lots, with others to be served by it as additional phases are developed. It meets the requirements for needing to be built to collector standards, and Public Works comments that this street should, indeed, be constructed to collector street standards, with a 36 foot wide street width and a sidewalk along one side of a 60 foot right-of-way. There are no other substantiative issues or deficiencies remaining to be resolved. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat and of the waiver of the sidewalk requirement along Cayman Cove. However, staff recommends that Davis Cup Lane be constructed to collector standards, and recommends denial of the waiver request which would permit Davis Cup to be constructed to standard residential standard. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Bob Lowe, with McGetrick Engineering, was present. Staff presented the request and reviewed the scope of the project with the Committee members present. The Committee members reviewed with Mr. Lowe the comments contained in the discussion outline. In response to the Public Works requirement that Davis Cup Lane be constructed to collector street standards, Mr. Lowe presented a master development plan of the Otter Creek Community, and related that Davis Cup Lane is a relatively short street which connects two collectors. He said that the stub -out for Davis Cup Lane off of Wimbledon Loop is in a 50 foot right-of-way and that making the change to the existing stub street in an area that is already developed would be difficult. The Public Works staff responded that Davis Cup Lane acts as a collector street, with several other streets feeding onto it and many lots being served by it. They added that, because residents along such streets desire on -street parking, Davis Cup Lane needs to be wider than a standard residential street; otherwise on-s_tre_e_t parking_sQuld have to be restricted. The Public Works staff related that the 36 foot wide collector street could be built in the existing 50 foot right-of-way in the stub -out from Wimbledon Loop. The remaining comments were reviewed with Mr. Lowe. Mr. Lowe indicated that all deficiencies in the plan and the needed changes would be made. The Committee forwarded the item to the Commission for approval of the preliminary plat. 4 September 6, 1994 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S -45-A-16 PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that the applicant had modified the plat to eliminate Davis Cup Lane as a through street, and, consequently, that Traffic Engineering no longer recommended increasing Davis Cup Lane to a collector standard. Staff reported that there are no other issues to be resolved, and recommended approval of the revised plat. The item was included on the Consent Agenda for approval, and the preliminary plat was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstentions, and 1 open position. 0 September 6, 1994 ITEM NO.: 2 FILE NO.: S -1004-A NAME: ASHLEY-HANKINS SUBDIVISION -- PRELIMINARY PLAT LOCATION: At the southeast corner of W. Markham Street and Chenal Parkway DEVELOPER: ENGINEER: Rick Ashley James C. Summerlin ASHLEY COMPANY SUMMERLIN ASSOCIATES, INC. 2649 Pike Ave. 2649 S. Broadway North Little Rock, AR 72114 Little Rock, AR 72206 758-7745 376-1323 AREA: 9.13 ACRES NUMBER OF LOTS: 4 FT. NEW STREET: 0 ZONING: C-3 PROPOSED USES: Commercial PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 VARIANCES REQUESTED: Deferral of the requirement to construct sidewalks along the Chenal Parkway and W. Markham Street frontages of the site as a condition of approval of the final plat(s), and require the sidewalks be constructed as a condition of the building permits as building permits are issued for construction on the various lots. STATEMENT OF PROPOSAL: The applicant proposes a 4 -lot commercial subdivision on a 9.13 acre tract, with frontages on both Chenal Parkway and W. Markham St. Development is proposed of lots which range in size from 0.89 acres for the southern -most lot, to 5.17 acres for the central lot, to two mid-size lots (1.32 acres and 1.75 acres) for the northern -most lots. The site is one for which a preliminary plat was approved by the Commission on March 8, 1994, (for a subdivision to be known as "Chenal Square"), but which was subsequently abandoned by the proposed developer. The applicant aeks t o t ' ns-r-uctian o f t he��cn ; -re-d—sidewa3k -s along— both longboth the Chenal Parkway and W. Markham St. frontages of the site to future sale of and construction on the various lots, and seeks a deferral of the requirement from being a requirement for filing a final plat to being a requirement of the building permits for the various lots as they are developed. September 6, 1994 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: 5-1004-A A. PROPOSAL/REOUEST: The applicant requests Planning Commission approval of a preliminary plat for a 4 -lot commercial subdivision at the southeast corner of Chenal Parkway and W. Markham St. Also requested is Commission approval of a deferral of the requirement to construct the sidewalks along the Chenal Parkway and W. Markham St. frontages of the site as a condition of the final plat(s), and require that they be constructed as a condition of the building permits as building permits are issued for development of the various lots. B. EXISTING CONDITIONS: The site is undeveloped and heavily wooded. An abandoned right-of-way for the previous alignment of W. Markham St. lies within the site. The existing zoning of the site is C-3, with C-3 zoning existing on lands to the east, north, and south. A recently approved PCD lies directly across Chenal Parkway to the west. C. ENGINEERING/UTILITY COMMENTS: The proposed PAGIS monuments must be designated on the plat, The pipe stem portion of Lot 3 is to be labeled as a permanent access easement for Lots 1 & 2. A complete grading and drainage plan will be required prior to issuing building permits for individual lots. Water Works reports that a 20 -inch water main crosses the site and will need to be protected. (Water Works is to be contacted for approval of any construction in the area of this main.) No domestic service will be available directly off the 20 -inch main. On site fire protection may be required. Wastewater reports that a sewer main extension, with an easement, will be required for service to Lot 4. Arkansas Power and Light Co. will require easements. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require easements. The Fire Department approved the submittal as presented. K September 6, 1994 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: 5-1004-A D. ISSUES/LEGAL/TECHNICAL/DESIGN: Section 31-287 states: "Where any commercial subdivision has in excess of 300 feet of frontage on an arterial street, special provisions for internal circulation shall be required.... These provisions shall be determined by the Planning Commission...." "Location of private service easements shall be indicated on the plat...." In order to monitor these provision, the access points and access easements which are anticipated must be indicate on the plat. To be heard on the same agenda with the preliminary plat is a request for a conditional use on the lot which lies at the northwest corner of the site encompassed by the preliminary plat. The site plan for the proposed development indicates an access easement along both the west and south property lines of the lot. These access easements must be indicated on the preliminary plat. Information which the Subdivision Ordinance requires to be shown on the plat, but which was omitted on the plat, as submitted, includes the zoning classifications of abutting lands. The Master Street Plan and the Subdivision Regulations (Section 31-209) will require sidewalks along the Chenal Parkway and W. Markham Street frontages of the subdivision. The Subdivision Regulations will require that the sidewalks be in place, or that the "subdivider and City have entered into an agreement assuring the completion of all required improvements...." [Section 31-121(c)] The developer is seeking approval, and has asked for a deferral of the sidewalk requirements, to tie the requirement for the sidewalks to the building permits, in lieu of being tied to the approval of the final plat(s). E. ANALYSIS: With only minor additions of information to the plat, the plat will meet Subdivision Regulations standards. The zoning clams if ic�Qna_o_fh� a�ut_n�prQper_t a._e.s�the location of the drive access points and access easements, and the location of the proposed access easements are the only remaining deficiencies. The rationale for the requested deferral of the sidewalks until building permits are requested is that, as a part of a construction project, funds from construction loans are 9 September 6, 1994 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S -_1.004-A available for construction of sidewalks. Also, the subdivider can defer to the purchaser those costs which are associated with a construction project. F. STAFF RECOMMENDATIONS: Staff recommends approval of the deferral of the sidewalk issuance of building permits approval of the final plat(s) SUBDIVISION COMMITTEE COMMENT: the preliminary plat, and of requirement to be tied to the in lieu of being required for (AUGUST 18, 1994) Mr. Jim Summerlin, the project engineer, and Mr. J. D. Ashley, Jr., the developer, were present. Staff presented an overview of the proposal, and reviewed with the applicant and his engineer the comments contained in the discussion outline. The discussion outline contained a comment from the Public Works Department that additional right-of-way for construction of an additional lane along W. Markham St. would be required to be dedicated; however, in the discussion, it was determined that the anticipated additional lane could be constructed in the existing right-of- way, and this requirement was deleted. The Committee members asked Mr. Summerlin and Mr. Ashley if they could comply with the deficiencies noted in the discussion outline, to which they responded in the affirmative. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Mr. Rick Ashley, the developer, and Mr. Jim Summerlin, the project engineer, were present. Staff outlined the request, and indicated that the developer proposed to defer construction of the sidewalks along the Chenal Parkway and W. Markham frontages of the site until the various lots are developed. The Public Works staff reported that, for commercial subdivisions, sidewalks are not normally required until the property is developed. Because of possible changes in grade, a sidewalk which was constructed prior to development and as part of the final plat requirements, may be improperly located and have to be removed and reconstructed. Also, if a sidewalk is constructed prior to construction activity on the site, heavy traffic during construction will damage the sidewalk. Public Works, then, reported that approval of a deferral of the sidewalk requirement was unnecessary. 4 September 6, 1994 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: 5-1004-A A motion was made and seconded to approve the preliminary plat. The motion carried with the vote of 8 ayes, 2 nays, 0 absent, 0 abstentions, and 1 open position. 5 September 6, 1994 ITEM NO.: 3 FILE NO.: 5-1033 NAME: ORLEY FEAGINS SUBDIVISION -- PRELIMINARY PLAT LOCATION: On the north side of Burlingame Road, approximately 1 1/4 mile west of Colonel Glenn Road, outside the City Limits DEVELOPER: ENGINEER: ORLEY 0. FEAGINS Ben Kittler, Jr. 16010 Burlingame Road BEN KITTLER, JR. LAND SURVEYOR Little Rock, AR 72211 6133 Dena Dr. 821-2935 Little Rock, AR 72206 888-3960 AREA: 5.09 ACRES NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Single -Family Residential PLANNING DISTRICT: 21 CENSUS TRACT: 42.02 VARIANCES REQUESTED: 1. Waiver of Master Street Plan improvements to Burlingame Road 2. Waiver of the regulation which prohibits creation of pipe - stem lots STATEMENT OF PROPOSAL: The applicant proposes to subdivide a 5 acre tract into two building sites in order to provide a home site for the applicants' daughter. The tract is approximately 300 feet wide, by 800 feet deep (with the north -south dimension being measured from the center line of Burlingame Road) and the applicants" existing home site lies approximately 290 feet north of the Burlingame Road centerline. The southern lot line of the second home site is proposed to be approximately 580 feet north of the centerline of Burlingame Road, with access to this second lot being provided by a 30 foot wide pipestem lying along the eastern boundary of the southern lot. Dedication of the right-of-way along Burlingame Road which is required by the Master Street Plan is proposed; however, a waiver of the required Master Street Plan improvements is requested. A. PROPOSAL/REQUEST: Review by the Planning Commission is sought for a subdivision involving splitting a family-owned tract in order to provide a second building site on the property. September 6, 1994 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: 5-1033 The existing home site would occupy Lot 1; the second home site would be on Lot 2. Lot 1 is proposed to contain 3 acres; lot 2, 2 acres. Dedication of the required right-of- way for Burlingame Road (55 feet from the centerline of the existing roadway), is proposed. Board of Directors approval of a wavier of the required street and sidewalk construction is sought in order for Burlingame Road to remain in its present improved and County -maintained state. Since access to the rear/northern lot, Lot 2, is proposed to be by way of a pipestem running alongside the eastern lot line of Lot 1, a waiver of the restriction on the creation of pipestem lots is requested to be approved by the Board of Directors. B. EXISTING CONDITIONS: The site is the present location of the applicants' home, which lies approximately 290 feet north of the centerline of Burlingame Road. The existing home is served by a private well and septic tank. The area from Burlingame Road to beyond the existing home is cleared. The remainder of the site, however, is heavily wooded. There is a creek which runs along the north line of the property. The site is outside the City Limits, but is within the planning boundary of the City. The site and the surrounding lands are zoned R-2 C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the Master Street Plan requires dedication of right-of-way for Burlingame Road to Principle Arterial standard (110 foot right-of-way; therefore, 55 feet is the applicant's portion of the required dedication). A development permit from the County floodplain administrator must be obtained prior to approval of the final plat. The basis for the selection of the creek easement width must be shown. The drainage area and "Q" value for the watercourse entering and leaving the site must be shown. The typical ditch section must be shown. Water Works reports that water service is not available to this site at this time. wastewater reports that t the area is outside their service boundary, and have no comments on the issue. Pulaski County Planning Department comments that the private drive needs to be a private drive in a pipestem. Arkansas Power and Light Co. will require easements. 2 September 6, 1994 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1033 Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal as presented. D. ISSUES/LEGAL/TECHNICAL/DESIGN: Sect. 31-231 of the Subdivision Regulations states that: "Every lot shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission." A private street can be approved in an access easement, but it is a "street" that must be built, not a "drive". To gain access to the rear/northern lot, Lot 2, either a street, meeting street design standards, must be built in an access easement, or, as is proposed for this development, a pipestem lot must be provided to have the required frontage on a public street. Sect. 31-232.8, however, states that "Pipestem lots shall be prohibited in residential subdivision. In order to have the required frontage on a public street and to provide access to the site without building a street to serve Lot 2, a pipestem is proposed, necessitating a waiver of the prohibition of a pipestem lot be approved by the Board of Directors. The applicant seeks a waiver of all improvements to Burlingame Road, including providing 1/2 street improvements and the sidewalk along the Burlingame Road frontage of the site. Water to the existing lot is by well; a well is proposed to provide water to the newly created lot. Sewer is by septic tank on the existing lot, and is proposed to be provided by a septic tank on the newly created lot. The applicant proposes to defer performance of the "perc" test until after the preliminary plat is approved, but prior to submitting the final plat. E. ANALYSIS• The applicants proposes development of a second home site at the rear of the family-owned property in order for their daughter to construct a home on the site. The applicants report that Mr. Feagins is disabled and required 24-hour care. The daughter, if she is nearby, can provide the care, while Mrs. Feagins continues to work. With the site being so much deeper than it is wide, dividing the site as has been proposed is the only viable alternative. This creates the need for access by either construction of a street to Lot 2, or creation of a pipestem lot. Since it is not economically feasible to built a street, the pipestem is the only remaining alternative. 3 September 6, 1994 SUBDIVISION ITEM NO • 3 (Cont.) FILE NO.: 5-1033 Burlingame Road is a County road, and is maintained by the County. There are no plans in the foreseeable future, by the County or City, to widen Burlingame Road at all, let along widen it to principal arterial standards. Only minor deficiencies and additions to the plans remain. These can be corrected and provided at the time of submission of the approved preliminary plat drawing. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat, and of the waivers requested: the waiver of the Master Street Plan improvements to Burlingame Road and the waiver of the prohibition on the creation of a pipestem lot. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Ben Kittler, representing the applicant was present. Staff presented the request and reviewed with the Committee members the preliminary plat which was submitted. Staff indicated that the plat which had been submitted provided access to the rear/northern lot, Lot 2, by way of an access easement, but stated that this was being proposed to be changed to a pipestem. Staff indicated that the access easement would require construction of a street to provide the access to Lot 2. The more economical solution would be to construct a private driveway in a pipestem, and this was the alternative which the applicants would be pursuing. Revised drawings showing the pipestem would be provided, according to Mr. Kittler. Mr. Kittler also explained that the applicants' property is outside the City Limits, but within the planning jurisdiction of the City; that Burlingame Road is a County Road and is maintained by the County; and, that the applicants' are seeking a waiver of the requirement of the Master Street Plan to widen Burlingame Road to principal arterial standards. Mr. Kittler indicated, though, that the applicants, are willing to dedicate the required right-of-way for the future principal arterial. The Committee reviewed with Mr. Kittler the comments contained in the discussion outline, and Mr. Kittler responded that he would make the needed changes and additions. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that a revised preliminary plat had been submitted which provides access to the rear/northernmost lot by way of a N September 6, 1994 11 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1033 pipestem, in lieu of the access easement previously proposed. Staff reported that the request for a pipestem lot and waivers from the Master Street Plan requirement to construct street and sidewalk improvements on Burlingame Road would have to be approved by the Board of Directors, and recommended approval of the revised preliminary plat, subject to the Board's granting the requested waivers. The item was included on the consent agenda for approval, and the preliminary plat, with a recommendation to the Board of Directors for approval of the requested waivers, was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstentions, and 1 open position. 5 September 6, 1994 ITEM NO.: 4 FILE NO.: S-1034 NAME: ROY MAY ADDITION -- PRELIMINARY PLAT LOCATION: On the west side and at the north end of Geyer Springs Road, with frontage also on the east side of S. University Ave., approximately 800 feet north of the 53rd. St. intersection DEVELOPER: ENGINEER: ROY MAY Charles E. Miller 537 Kirschwood Dr. CHARLIE MILLER ENGINEERING Hot Springs, AR 71913 1500 Aldersgate Rd. 767-3914 Rock, AR 72205 225-7106 AREA: 3.379 ACRES ZONING• R-2 (Re -zoning of proposed lot 1 to C-4 is pending) PLANNING DISTRICT: 13 CENSUS TRACT: 20.01 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: NUMBER OF LOTS: 3 FT. NEW STREET: 0 PROPOSED USES: Residential and Commercial None The applicant proposes the subdivision of previously unplatted land and the combination with and re re -platting of a lot in an existing subdivision (Lot 2 of Yam's Addition) into 3 newly designated lots. Two of the new lots are proposed as residential lots and currently have frontage on Geyer Springs Rd. One of the lots (the lot being formed from the remaining acreage north of the lots fronting on Geyer Springs in combination with Lot 2 of Yam's Addition) is proposed to have frontage on S. University Ave. and is proposed to be used for and zoned commercial. (A used car lot is proposed to be placed on the lot.) No improvements to Geyer Spxings Rd,--o-r—S-.—Un ve-r-s-i-t—z a :ti arm proposed. There is an area which is in the federally designated flood plain which runs from the northeast corner of the proposed Lot 1, in a southwesterly direction to the west boundary of Lot 2. The applicant proposes to fill this flood plain area, pave it, and to utilize the area for the storage/parking of automobiles for the used car sales business which is planned to occupy the lot and for which the C-4 zoning on the rear portion of the lot is sought. September 6, 1994 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: 5-1034 A. PROPOSAL/REQUEST: Planning Commission approval is requested for a preliminary plat which entails the platting of a 3 -lot subdivision. The land for this subdivision is to come from a 2.193 acre tract which has never been platted, in combination with Lot 2 of Yam's Addition which is to be re -platted as part of the new subdivision. Two of the lots are to have frontage on Geyer Springs Rd., and are to remain for residential purposes. One of the lots, the lot to be combined with Lot 2 of Yam's Addition, is to have frontage on S. University Ave. and is proposed to be zoned for and used for commercial purposes. The area of Lot 1 which is in the flood plain is proposed to be filled and paved. B. EXISTING CONDITIONS: The Geyer Springs fronting portion of the property has a residence on that portion which will be Lot 2. The Lot 3 portion of the tract is vacant. Both of these lots have frontage on Geyer Springs, and Geyer Springs is constructed to required standards. Since Geyer Springs in this location is approximately 1/2 block long, this portion of the road qualifies as a minor residential street. (It is 1/2 block from the "L" termination at the south property line of Lot 2 of this subdivision, south to Maureen Dr., the first intersecting street.) The University Ave. fronting portion and all of what will be Lot 1 of the new subdivision is vacant. The federally designated flood plain line cuts across a portion of Lot 1, running from the northeast corner of the lot, southwesterly to the northwest corner of Lot 2. The 2.193 acre tract which makes up Lots 2 and 3 and the rear 192 feet of Lot 1 of the new subdivision is zoned R-2. The area in the Yam's Addition, Lot 2, which is to make up the S. University Ave. fronting part of the new Lot 1, is zoned I-2. There is a C-4 tract south of the Yam's Addition lot; C-3 north of it. There is R-5 property south of the R-2 portion of the lot, with R-2 property to the east and the remainder of the C-3 tract to the north. There is C-3 property to the northeast of the R-2 property. C. ENGINEERING/UTILITY COMMENTS: Public Works reports that a preliminary stormwater, drainage, and sketch grading plan are required for approval of the preliminary plat. Development permits are required on Lots 1 & 2 prior to the issuance of building permits. Finish floor elevations will be required to be set above the 100 -year flood plain on these lots prior to approval of the final plat. 2 September 6, 1994 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: 5-1034 Water Works reports that a water main extension will be required to be constructed for service to Lot 1. Wastewater reports that a 30" sewer outfall crosses the property, and an easement must be shown. Arkansas Power and Light Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The title of the subdivision and the legal description must contain the statement that a portion of the Yam's Addition is being incorporate into and re -platted as a part of the new subdivision. The remaining deficiencies or needed corrections are minimal, and can be easily corrected or amended. The request to fill and pave the land within the flood plain will have to be approved by Public Works. E. ANALYSIS• The preliminary plat, as amended and presented, meet the requirements of the Subdivision Regulations. F. STAFF RECOMMENDATIONS: Staff recommends approval of the preliminary plat. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Charlie Miller, the project engineer, and Mr. Roy May, the applicant were present. Staff outlined the request and presented the—ps posecLp e� m__i nary plat - The di acus on outl-ine was reviewed by the Committee. There was an assumption that a sizable portion of the site was within the flood way, so there was discussion about the restriction of development within the flood way. Mr. Miller said that he would verify the information, but that it was his understanding that the land was in the flood plain, not the flood way. The plat, as submitted, also failed to show the portion of the proposed subdivision which has frontage 3 September 6, 1994 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: 5-1034 on S. University Ave. Staff related that the land which is currently subdivided as Lot 2 of Yam's Addition will have to be included in the preliminary plat for the new addition, and be shown as being re -platted with Lot 1 of the new addition. After the Committee verified with Mr. Miller that the remaining corrections would be tended to, the Committee forwarded the preliminary plat to the Commission for final disposition. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that a revised preliminary plat had been submitted which addressed staff and Subdivision Committee concerns, and that no substantantive issues remain to be resolved. The item was included on the consent agenda for approval, and the preliminary plat was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstention, and 1 open position. 4 September 6, 1994 ITEM NO.: 5 FILE NO.: Z -3410-C NAME: HAMPTON INN -- SHORT -FORM PCD LOCATION: At the northwest corner of Financial Center Parkway and Hardin Road DEVELOPER• ENGINEER: GOFF TRUST Robert Brown WALLY ALLEN, TRUSTEE DEVELOPMENT CONSULTANTS, INC. 2220 Cottondale Ln., #2 10411 W. Markham St., Suite 210 P. 0. Box 29 Little Rock, AR 72205 Little Rock, AR 72203 221-7880 664-3332 AREA: 3.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3 & 0-3 PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: PROPOSED USES: Hotel The applicant proposes the development of a 3 acre tract for the construction of a hotel and associated parking„ The hotel tower footprint is 60 feet wide by 222 feet long. The tower is 60 feet high, contains 79,920 square feet in 6 floors, and has 153 guest rooms. The entrance canopy is separate from the hotel tower, and is a 45 foot square structure attached to the hotel by a covered walk. Parking for 162 vehicles is planned. The hotel is a "limited service" hotel, and contains is no restaurant or convention facilities. A small swimming pool for guests of the hotel is provided. The site for the proposed hotel, and for which the PCD is requested, occupies the northern 430 feet (3 acres) of a 4.67 acre site, leaving two outparcels along Financial Center Parkway remaining outside the scope of the PCD. There are two entrance drives to the property: one is in a 200 foot long access easement from Financial Center Parkway which lies between the two cited outparcels; the other is from Hardin Rd. The proposal includes providing a natural and planted buffer along the western boundary of the site abutting the residential neighborhood to the west. The 33 feet abutting the residences is proposed to be an undisturbed buffer. To the east of this area, 17 additional feet (±) of area is proposed to be used for needed slope transition, and will be a be replanted to "create a September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -3410-C screening mass below the canopy of the larger existing trees". The total buffer which is proposed, then, averages 50 feet in width. A 6 foot high "good neighbor" fence is shown along the western boundary of the site. A. PROPOSAL/REOUEST: Review by the Planning Commission and approval by the Board of Directors is sought for a PCD to permit the construction of a 153 room, 79,920 square foot, 60 foot high/6 story hotel on a 3 acre site. The foot print of the primary building is proposed to be 60 feet by 222 feet with an entrance and drive-thru canopy at the south end of the building. No restaurant or convention facilities are proposed; however, a swimming pool is planned. Parking for 162 vehicles is to be provided. The proposal includes providing a 50 foot (±) natural and landscaped buffer along the west property line and a 6 foot high privacy fence abutting the residences along Springwood Drive to the west. B. EXISTING CONDITIONS: The site is presently undeveloped and wooded. The terrain slopes generally from a high point at the southwest corner of the PCD tract to the low point at the northeast corner along Hardin Rd. The differential in elevation is approximately 48 feet. The existing zoning of the tract is C-3 and 0-3. A north - south line dividing the tract almost in half separates the two zoning districts, with the 0-3 district lying west of this line abutting the residential properties to the west, and with the C-3 district lying east of this line. The remainder of the subdivision out of which this tract is extracted lies north and south of the PCD tract. The property to the north is zoned 0-3. To the south are the two outparcels being left apart from the PCD tract, with the eastern parcel being zoned C-3; the western tract, 0-3. Across Hardin Road to the east is a PCD district; to the west is R-2. C. ENGINEERING/UTILITY COMMENTS: Public works comments that a sketch grading and drainage plan is required. The access drive off Chenal Parkway is to be a right turn in/right turn out only due to inadequate site distance. Before issuance of a building permit, engineering will require plans for stormwater detention and complete grading and drainage plans. 2 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -3410-C Water Works wishes to install a water main extension from Eric Dr. to Hardin Rd. A 15' wide water line easement would be required from the south line of Lot 3 across the buffer area to tie into Eric Dr. Wastewater reports that a capacity analysis will be required. If capacity is available, the capacity contribution fees and Farm Bureau Fees will be assessed. Arkansas Power and Light Co. will require easements. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require easements. The Fire Department approved the site plan without comment. Landscape review reports that the areas set aside for buffers, landscaping, and land use screening meet Ordinance requirements. Land Use review comments that the site is in the I-430 Planning District and is designated as Mixed Office and Commercial (MOC) on the land use plan. The MOC designation suggests a mixture of office and commercial uses with a PUD recommended if the use is entirely commercial. The proposed hotel is consistent with the plan. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Zoning Regulations (Sect. 36-502.1.f) states that, for hotel uses, there is to be 1 parking space for each guest room, plus 10% for employees and non -guest users patronizing meeting rooms, restaurants, etc.. To meet the requirements, then, with 153 guest rooms, the site plan would have to provide 168 parking spaces. Parking for 162 vehicles is proposed in the PCD application. In 1984, neighbors abutting the property to the west filed a lawsuit contesting the Board of Adjustments approval which would permit the construction of a multi -story office building on the site. A consent judgment was agreed to by the parties in which the proposed building was to maintain a setback from the west property line of 165 feet; it was to have a maximum height of 93 feet or 8 stories; any parking deck was not to be closer than 60 feet, with a roof top parking area of the deck not higher than a ground elevation of 486 feet MSL; the buffer zone was to be a 43 foot wide 3 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -3410-C natural buffer, reducing to a 25 foot wide natural buffer at the south approximately 80 feet of the current PCD site, with the buffer being cleared of undergrowth, etc.; and, there was to be a planting fund made available to the residential neighbors to re -plant the buffer. The consent judgment was to continue as binding for 20 years or until the character of the residential neighborhood changed substantially. It was only in force, though, if the developer "desires to develop (the tract) pursuant to the height variance which is the subject of this action...." The developer, or subsequent developer, "shall have the right to fully develop (the tract) within the restrictions and requirements of the existing or subsequently established and applicable zoning classifications, in which event (a developer) shall not be required to comply with the terms and conditions (of the judgment)." Proposed signage for the hotel must be specified. The location, size, and type of proposed signs need to be indicated. The proposed lighting of the site must be specified. Times for swimming pool operation, garbage pick-up, and parking lot cleaning need to be specified. Hours during which construction activity on the site and for the hotel are not to take place need to be set. E. ANALYSIS• The project narrative states that the design of the site "closely followed the guidelines set forth in the judgment". The judgment required a 165 foot setback from the west property lines the proposed building is 185 feet. The judgment required a maximum height of 93 feet or 8 stories; the proposed building is 60 feet high with 6 stories, with the first floor elevation lowered to 468 feet MSL, or 16 feet lower than the ground level of the residential lot immediately to the west of the south end of the building. The ground level parking was to be no higher than an elevation of 486 feet MSL; the proposed parking is no higher than 474 feet at its highest point, dropping to 461 feet MSL at its north en . The buuf er was to be 43 feet wide, reduced to 25 feet wide at the south end; the proposed buffer is 50 feet (±). The proposed hotel is on ground that is currently zoned C-3. A hotel is allowed in the C-3 zone; however, the C-3 zone restricts the height of buildings to 35 feet. The required parking for the hotel is on the 0-3 zoned part of the property. To deal with achieving a consistent zoning for the site, as well as to deal with the height variance, a rezoning to a PCD was chosen. 4 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO • Z -3410-C Pursuant to the consent judgment, the judgment was applicable only to the proposal to build a specific office building for which the Board of Adjustments had granted a variance. It was not applicable if a new proposal arose. It was specifically cited that, if a new development was proposed, it could be developed according to the requirements of any new zoning district guidelines for which the property were subsequently zoned. The proposed development is a new proposal, and the request is to re -zone the property to PCD, which will have its own requirements for setback, height, etc. The consent judgment, therefore, is apparently not applicable. The applicant has, though, attempted to adhere to the guidelines agreed to in the consent judgment "to minimize additional conflict and confusion". The proposal for which a consent judgment was entered into by the previous developer and the residential neighbors was for an office building. The current proposal is for a hotel. The formerly agreed -to use is, supposedly, an 8-5, 5 -days per week activity. A hotel is a 24-hour, 7 -days per week use. The hotel which is proposed, however, is a limited service hotel which has no restaurant or convention facilities. Specifically, the hotel which is proposed to be developed is a Hampton Inn. This hotel, and these types of hotels, cater to the traveling business person, and activity around such hotels is not that inconsistent with activity around an office building. The developer has "chosen the most removed building placement possible to minimize visual impact on the neighbors". Further, the developer has located "the entry area and trash enclosure ... as far from the residences as possible to minimize any disturbance from activity,,. Because the hotel has no restaurant or convention facilities, the proposed parking of 162 space is considered adequate. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD request, subject to: 1) establishing signage and lighting prow _ion ani) setting the hours during which the swimming pool can be used, trash service pick-up can be done, parking lot cleaning operations can be undertaken, and construction can be carried on. 5 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO • Z -3410-C SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Robert Brown, representing the project engineering firm, was present. Staff presented the project and the proposed PCD site plan. The Committee reviewed with Mr. Brown the comments contained in the discussion outline. Mr. Brown indicated that he would be completing the required exhibits and furnishing them to staff. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff presented the request. Mr. Robert Brown, with Development Consultants, Inc., represented the applicant, and outlined for the Commission the proposal. Mr. Brown submitted a list of proposed development and operations restrictions. This list proposed that the signage be limited to one monument sign meeting the Overlay standards at the Hardin Rd. entry drive, and one 24 square foot, 6 foot high, directional sign at the access drive on Financial Center Parkway. The list proposed that site lighting for the parking area be a maximum of 25 feet in height, with directional fixtures to limit bleedover. The list proposed that the swimming pool operation be limited to 8:00 AM to 10:00 PM; and, that trash pick-up, deliveries, and parking lot cleaning be limited to 7:00 AM to 7:00 PM. The list proposed that construction activity be limited to 7:00 AM to 7:00 PM, with no work on Sundays. Mr. Brown reviewed the proposed buffers along the west property line, and outlined the rationale for the siting of the building and the parking lot grade in relation to the 1984 Consent Judgment agreed -to by the abutting residential property owners to the west. There was an inquiry from the Commission regarding whether there had been a neighborhood meeting to discuss the proposed development. Mr. Brown responded that both Mr. Doyle Daniel, president of the Birchwood Neighborhood Association, and Mr. Ken Davis, Secretary -Treasurer of the Association, had come by his office and had reviewed plans, but that no meeting had been scheduled. The Neighborhood Association representatives had indicated that the neighborhood was opposed to the proposed commercial development, and that a discussion on particular limitations would not be productive. Mr. Kenneth Davis, Secretary -Treasurer of the Birchwood Neighborhood Association, spoke in opposition to the proposed PCD. He said that the Association had voted 100% to opposed the September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -3410-C rezoning; that it was inconsistent with the Land Use Plan; and that it would adversely affect the residential neighborhood to the west. He said that the Land Use Plan provides for an office zone buffer abutting the residential neighborhood, and that the hotel and its parking lot do not meet the requirement for the needed buffer. The hotel, he continued, would be 6 stories in height, and would destroy the privacy of the backyards of at least 10 homes. He complained that the PCD process is being abused, in that it allows developers to circumvent the restrictions of the commercial zoning when it suites their interests; that the developers, when they can do what they want to do in a particular zone, comply with the zoning and do not pursue a PUD application. He questioned staff's motives in bringing up the 1984 Consent Judgment, since, he admitted, it was applicable only to the office development proposed at the time, and suggested that staff had brought it up to justify the hotel with its lesser height, equal or greater separation, and parking lot with a lower elevation. He pointed out that the topographic cross section provided by the developer was an east -west cross section at the mid -point of the development which shows the parking lot and hotel being lower than the abutting property to the west; he questioned the relationship of the parking lot and hotel to the properties to the west at the northern end of the development site. Commissioner Willis related that, in the existing 0-3 zone which abuts the residential area, the building height could be 60 feet, and that office uses are not necessarily limited to 8:00 - 5:00. In fact, he said, many of the office in the Financial Center complex are 24-hour, 7 days per week operations. Mr. Davis replied that the neighborhood would take its chances with an office development; that the 0-3 zone needed to remain in place as a buffer. Staff, responding to Mr. Davis' complaint that staff had brought up the 1984 lawsuit in order to justify the hotel development's siting of the hotel and parking lot. Staff indicated that staff had received a number of Faxes from a representative of the neighborhood in which the 1984 Consent Judgment had been cited, indicating that its terms would be enforced. Staff reported that neighbors who had been plaintiffs in the 1984 lawsuit had come to the Neighborhoods and Planning office to review the application and brought the terms of the lawsuit to staff's attention. Staff indicated that the 1984 lawsuit was dealt with in the write-up because the neighborhood had brought it to staff's attention in the first place, and to point out that the terms were not applicable to the current development. Mr. Floyd Boyd, a resident of the residential neighborhood to the west, spoke in opposition to the proposed development. He said 7 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -3410-C that the City seeks citizen input into the planning decision- making process, and, in these case of the Birchwood Neighborhood, the input of the citizens is being totally ignored. He said that in almost every rezoning case, the wishes of the neighborhood have not been honored. Ruth Bell, representing the League of Women Voters of Pulaski County, reported that the League was not in support of the proposed development. She said that the 24-hour, 7 days per week aspect of a hotel was not compatible with the residential use abutting the site. Mr. Brown indicated that he wished to respond to several of the concerns or assertions expressed by the neighborhood representatives. He said that in conversations with Doyle Daniel, president of the Birchwood Neighborhood Association, he had been told that residents along Springwood Dr. who would be directly affected by the development were taking independent action in contacting an attorney and in contacting the City, and that the Birchwood Neighborhood as an Association was not taking the position of opposition as was being purported by Mr. Davis. Mr. Brown indicated that it was his understanding that staff had had contact with Doyle Daniel regarding the issue. Staff responded that a telephone message, followed by a letter, had been received from Doyle Daniel indicating that he was not in support of the Springwood Dr. neighbors, opposition to the proposed PCD; that he would not be present to present their opposition; and, that, as a result, he was submitting his resignation as the Birchwood Neighborhood Association president. Mr. Brown continued, saying that he had provided the information requested to the identified neighborhood representative, and that that person had not requested a neighborhood meeting. He said that the developer proposes to provide the 50 foot buffer along the west property line, which is in line with the normal requirement for buffering of residential from commercial uses. He reiterated that the proposed hotel is a limited service hotel, with no conference facilities or restaurants; that a C-3 tract at the corner of Hardin Rd. and Financial Center Parkway may have a restaurant on it, but that the area is not included within the proposed PCD and is currently zoned C-3. He pointed out that, on the adopted Land Use Plan, the site is de�i_gn_ated for KOC—(mix-ed office and commercial), and that, according to the Zoning Ordinance, the PUD process is encouraged in areas with this designation. He pointed out that, in the PUD process, very specific limitations on uses and activities can be applied, and these limitations produce very stringent limitations for a use which can be'very beneficial to the neighborhood. The limitations, he added, on noise, sight, and visibility, and other 10 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) _ FILE NO.: Z -3410-C impacts that are very measurable are dealt with in the PCD. He pointed out that the same building, as an office building, could be placed on the 0-3 zoned tract, and be a lot closer to the residential homes. As it is, with the buffering along the west property line, the 175 foot separation between the western boundary and the hotel, and the fact that the first floor level of the hotel is substantially lower than the western property line, the visual impact from or on the neighborhood will be very limited. He related that, in an office building in an 0-3 zone, up to 10% of the floor area can be used for accessory commercial uses, and, in a sizable office building, a couple of 6,000 square foot restaurants with a bar could be provided, with no restrictions on hours of operation. Commissioner Oleson asked for clarification on the parking lot lighting and on the signage. Mr. Brown replied that on the hand-out sheet presented to the Commissioners, the signs were outlined as being 1 monument sign with would conform to the Overlay requirements, and 1 directional sign; the lighting was outlined as being directional fixtures on 25 foot high poles. Commissioner Selz asked for clarification that there were to be no other curb -cuts on Financial Center Parkway, to which Mr. Brown responded that there would not be any others. Commissioner Walker asked for clarification on the location of the dumpster enclosure, and on the rationale for not placing the swimming pool to the east of the building, with Mr. Brown responding that the dumpster is located at the southeast corner of the site, and that the area to the east of the building has too much grade change for the swimming pool. Mr. Brown continued that the pool area has been surrounded with a heavy planting of trees and shrubs as a buffer, and indicated that something more substantial, such as a masonry screen, could be provided. Commissioner Walker asked for clarification that the same relationship of the hotel site to the neighborhood to the west exists all along the west property line, to which Mr. Brown responded that the PCD site, as well as the residential lots facing Springwood Dr., slope uniformly downward to the north, so that the hotel site is substantially uniformly lower than the home sites to the west. Commissioner Oleson asked for clarification, with light standards proposed to be 25 feet in height, on the portion of the light standards which would be above the grade of the residential properties to the west, to which Mr. Brown stated that, at 25 feet in height, at least a portion of the standard would be above the grade along the west property line in most places. 0 September 6, 1994 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO • Z -3410-C Commissioner Oleson suggested lowering the light standards, to which Mr. Wally Allen, one of the developers of the hotel, responded that the maximum amount of a standard which could be seen would probably be 5 feet, and that there is a need for adequate lighting for security purposes. Commissioner Walker suggested that the height of the pole is not as much of a concern as the "cut-off" of the fixture chosen. He explained that with a narrow enough cut-off, the light will be directed downward, and will not be able to be seen from the residential properties to the west. Acting Assistant Director of Neighborhoods and Planning Tim Polk clarified to the Commissioners that the staff had recommended, and always does recommend, that the applicant meet with the neighborhood, but that the neighborhood could choose not to participate in such a meeting. Commissioner Chachere asked Mr. Brown if there had been any change in the proposed height of the parking lot light standards, to which Mr. Brown stated that the height would remain at 25 feet. Commissioner Willis, however, indicated that he could not support the 25 foot height. Mr. Brown, then, responded that the light standards would be 20 foot in height. Commissioner Oleson asked for clarification on the possibility of adding a masonry screen along the western boundary of the swimming pool. Mr. Brown replied that it could be provided, but that, with the change in grade and the plantings, it would be unlikely that it would provide additional buffering. Commissioner Oleson asked for clarification on the size of the trees and plants which would be provided. Mr. Brown indicated that the trees would be approximately S to 10 feet and the plants would be 3 to 4 feet in height, at planting. A motion was made and seconded to approve the PCD, and the PCD, as amended, was approved with the vote of 6 ayes, 2 nays, 0 absent, 2 abstentions (Putnam and Ball), and 1 open position. HE September 6, 1994 ITEM NO.: 6 FILE NO.: Z -4074-A NAME: U -HAUL OF ARKANSAS -- AMENDED SHORT -FORM PCD LOCATION: On the north side of Asher Avenue, approximately 600 feet west of University Avenue DEVELOPER: Mike Rose U -HAUL OF ARKANSAS 4809 W. 65th. St. Little Rock, AR 72209 562-1925 AREA: 3.24 ACRES ZONING• PCD NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: The existing PCD permits mini -storage use, along with an accessory office and dwelling use. The amended PCD requests, in addition, approval of truck and trailer rental uses. PLANNING DISTRICT: 10 CENSUS TRACT: 21.02 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes an amendment to an existing PCD to permit, in addition to the mini -storage and accessory office and dwelling uses permitted in the original PCD, the rental of trucks and trailers from the site. Proposed to be established is a U -Haul truck and trailer rental business to augment the mini -storage business which is on-going. The original PCD was approved by the Planning Commission on February 14, 1984; then, by the Board of Directors on March 7, 1984 in Ordinance No. 14,614. Parking of the trucks and trailers is planned to be provided at the rear of the property against the north_p-r-operty—line an °'onenxtwo°° units at the front of the facility for display purposes. A. PROPOSAWREQUEST: Review by the Planning Commission and approval by the Board of Directors is sought for an amendment to an existing PCD to permit a use of the site which is in addition to the uses originally approved for the PCD. Originally, in 1984 when September 6, 1994 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4074-A the PCD was approved, the specified uses were mini -storage and the accessory office and dwelling to serve the mini - storage facility. The applicant now wishes, in addition to the on-going mini -storage business, to operate a U -Haul truck and trailer rental business from the site. A U -Haul service center would be used to store the rental vehicles; the subject site is proposed to have on hand only vehicles which have been reserved and are awaiting being picked up, or vehicles which have been "dropped -off" by customers and are awaiting transfer to the service center. Vehicles which are on the site would be parked along the rear/north property line, except for "one or two" trucks or trailers which would be parked at the front of the facility to identify the site as a U -Haul rental location. B. EXISTING CONDITIONS: The site is fully developed with a large mini -storage facility involving 82,073 square feet of mini -storage space, plus 3306 square feet of space for the office and manager's apartment. Along the east and north, concrete drives extend to the property line. Along the west, the site is developed to within 10 feet of the property line where there is a 10 foot easement. The "L" -shaped building at the front of the property is within a foot and a half of the property line. At the front, along the Asher Ave. frontage of the site, there is a 30 foot by 40 foot area available for landscaping, and there is a 40 foot wide drive approach and drive way. This driveway is used for parking all the way to the street. There is a 16 foot high retaining wall along the rear/north property line. The site is zoned PCD. The properties immediately to the east and west are zoned R-5. The property at the southwest corner of the site is zoned C-4. To the north is a residential neighborhood in an R-3 area. Across Asher Ave. is C-3 property. C. ENGINEERING/UTILITY COMMENTS: Arkansas Power & Light approved the submittal without comment. The Fire Department comments that all driveways around all buildings must maintain 20 feet of clearance for fire equipment access. Landscape review comments that the landscaping which was shown on the original approval must be re -installed. 2 September 6, 1994 SUBDIVISION ITEM NO • 6 (Cont.) FILE NO.: Z -4074-A Planning review comments that the site is located within the Boyle Park Planning District, and is designated as Commercial (C) on the land use plan. The proposal is consistent with the adopted plan. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The site plan which was approved for the PCD in 1984 showed a 20 foot wide curb cut off Asher Ave., widening to a 24 foot wide drive, with 4 head -in parking spaces off this drive. The area in front of the office -dwelling portion of the building and the parking spaces was to be landscaped. The survey provided with the amended PCD application shows a 40 foot curb cut, the landscaping area reduced by the 20 feet added to the width of the curb cut and driveway, and parking space reduced to permit 3 vehicles to park head -in off the driveway, plus a garage to serve the manager's apartment. A freestanding sign was added in the landscape strip area which was not requested in the original application or shown on the originally approved site plan. The parking requirements for warehouse and storage uses are 5 spaces, plus 1 space per 2000 square feet of floor area up to 50,000 square feet; then, in addition, 1 space per 10,000 square feet over 50,000 square feet. [See Section 36- 502.(4)b.] For the office portion of the facility, the parking requirements are 1 space for 400 square feet. [See Section 36-502.(2)g.] For the residential use, the requirement is for 1 space per dwelling. [See Section 36- 502.(1)a.] With 82,073 square feet of mini -storage space, plus 1653 square feet of space for the office, plus the manager's apartment, the required number of parking spaces is 33. Parking for 3 vehicles is presently provided, plus the 1 space available in the garage. There is sufficient room along the rear/north property line for 9 additional spaces. The total number of spaces available for parking, then, is 13. The number of trucks and trailers proposed to be stored on the site needs to be designated, as well as the spaces where they will be parked. If modification of the existing curb along the rear/north property line is anticipated, then the site plan must show this. Protect ion --from veh.icres of the retaining wall must be provided for. E. ANALYSIS• As stated in the "Existing Conditions" section, "The site is fully developed." The site does not provide adequate 3 September 6, 1994 SUBDIVISION ITEM NO • 6 (Cont.) FILE NO.: Z -4074-A parking. At the office -residential use area, 4 spaces are provided; 5 are required. Assuming that there is no need for additional parking to serve the mini -storage use, there is still no space for the addition of rental vehicles. The approved PCD site plan showed 4 head -in parking spaces and a 50 foot by 40 foot landscaped area. One parking space has been lost to an addition to the office area, and the landscaped area is reduced to a 30 foot by 40 foot area. A freestanding sign exists in the landscaped area which was not approved for the PCD. F. STAFF RECOMMENDATIONS: Staff recommends denial of the proposed amendment to the PCD, but does recommends approval of an amendment to the PCD to permit the sign which has been installed to remain in its present location. Staff recommends that a requirement be imposed that the front landscaping be installed pursuant to the originally approved site plan, and that parking not be permitted in the area in front of the front building line. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Rod Baldwin, representing U -Haul, was present. Staff presented the applicant's site plan and explained that the site, as shown, was developed; that the request was simply a request to add the rental of trucks and trailers to the listing of approved uses in the existing PCD. Mr. Baldwin indicated that the trucks and trailers are proposed to be stored at the rear of the lot along the north property line, and that only two trucks or trailers would be displayed at the front property line. The Committee members reviewed with Mr. Baldwin the comments contained in the discussion outline. The Committee indicated that no parking would be allowed within the front building setback line, and that parking would be restricted to the area at the rear of the property where 20 feet of clearance for fire equipment could be maintained. The Committee forwarded the item to the Commission for the public hearing. PLANNING__COMMISSION—ACTION- (SEPTEMBER 6, 1994) Rod Baldwin and Mike Rose were present representing U -Haul of Arkansas. Staff presented the request, and reported that there had been deviations to the site from the site plan originally approved for 4 September 6, 1994 SUBDIVISION ITEM NO.: 6 (Cont_,)FILE NO.: Z -4074-A the PCD: 1) that there was a sign at the front of the property which was not provided for in the PCD; 2) that in lieu of the 24 foot wide drive shown on the original plan, a 40 foot drive had been constructed, and that in the area originally shown to be landscaped, the wider drive encroached, taking approximately 1/2 of the landscaped area shown on the original site plan; and, 3) the landscaping which had been shown on the original site plan was not present on the site. Staff reported that there was insufficient room at the front of the facility for parking of rental vehicles, and that there was minimal space at the rear of the property which could be used for storage of rental vehicles. Staff recommended denial of the amended PCD, and recommended that either the applicant remove the sign and paving, and install landscaping in the area as shown on the approved PCD site plan, or seek approval from the Commission for the sign, drive, and landscaping as they are presently located on the site. Rod Baldwin, president of U -Haul of Arkansas, addressed the Commission. He said that the scope of the request was simply to be able to rent trailers or trucks to persons moving in or out of the storage facility as a convenience to these customers. He stated that any stored vehicles would be located at the rear of the property against the rear retaining wall, and he committed to keep only a couple of rental vehicles on the site at any one time. He said that U -Haul has a shuttle service, and any rental vehicles needed or dropped off at the site would be shuttled to and from the main storage location on W. 65th. St. Jack Payne addressed the Commission. He indicated that he had the business immediately to the west of the U -Haul site. He stated that the original PCD site plan provided 3 guest parking spaces in front of the office area, but that the parking is insufficient for the customers who patronize the U -Haul business. He said that, especially around the 1st. and 15th. of the month, when customers are paying their mini -storage rents, that the U -Haul customers do not have sufficient room to park on the U -Haul site, and overflow onto his parking area. He also said that the U -Haul sign is located in the center of the property, and people returning rental trucks evidently have difficulty locating the U -Haul drive, because they pass up the U -Haul drive and turn into his parking area. He complained that U -Haul customers park on his property and walk next door to pay their rent or to complete the paper work to rent or return trucks or trailers. He pointed out that, with the limited parking available at the front of the U -Haul site, if even one or two truck are brought to the site, and are parked or wait at the front of the property, then there will be no customer parking available. He said that he was definitely opposed to the request Mr. Baldwin, responding to Mr. Payne's objection, reported that Mr. Payne operates a competing rental business, renting Ryder trucks and trailers. He stated that Mr. Payne, then, has a vested interest in opposing U -Haul renting trucks and trailers. 5 September 6, 1994 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4074-A Commissioner Walker, addressing Mr. Baldwin, indicated that his concern with the application is that there is no room for the additional activity; that U -Haul was not proposing to remove some of the storage units in order to provide the space for truck and trailer storage. He said that the U -Haul operation needed to be able to have sufficient space on the U -Haul site for storage unit customers and for the rental customers, without overflowing onto the adjoining neighbor's property. He asked Mr. Baldwin whether any measures were proposed to provide needed direction to the U -Haul site for customers. Mr. Baldwin acknowledged that the Asher Ave. frontage of the site was small, and that, if U -Haul had developed the site originally, they would have had input into providing a more workable arrangement for traffic. He said, though, that he had never been made aware of the problem with overflow onto Mr. Payne's property. He said that once a storage unit customer has come to the site to rent a unit, and has signed a contact, that there is very little need for these customers to park at the office; that they when they need access to their storage unit, they drive on back to the rear of the property to their storage unit. He said that most storage rental customers are on a credit card charge basis, and do not come to the site to make payments. He said that, at present, the gate to the storage area is open, but that a card access gate is planned to be provided. He said that the only time a truck would be parked at the front, at the office, would be when a truck was being brought in by a customer and was being checked in, or when one was being rented. Staff pointed out the concerns mentioned in the write-up: that no provision had been made in the original PCD for the sign which had been installed, and that the landscaping was not in conformance with the originally approved site plan. Staff also stated that the Fire Department does not want any parking in any of the 20 foot wide drives; that the only available parking is at the rear of the property where there is 30 feet between the rear of the buildings and the rear retaining wall. Staff also cautioned that the retaining wall needs to be protected from damage which might be caused by trucks parallel parking or backing into the wall. Kenny Scott, zoning enforcement supervisor, reported that there is a second ground sign —which chad bee n istal-led and which needs to be removed, and that the landscaping, as originally shown on the site plan, needs to be installed and maintained. Staff explained that, either the applicant needs to seek approval of the signs, as they are presently situated on the property, or they need to remove these signs. Also, staff explained that, either the applicant needs to seek approval of the size of the 11 September 6, 1994 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4074-A landscaped area, as it is, or needs to remove a portion of the driveway and landscape the area as originally approved. Plantings need to be installed and then maintained in the landscaped area, whatever that area is determined to be. Mr. Baldwin responded that U -Haul would amend its request for approval of the signs, as situated on the site, and for approval of the site plan, as it was developed. He said that landscaping in the landscape area in front of the office building would be installed, then maintained. He said that, since he had not been aware of the deviations from the original plan until the last minute, he requested a deferral of further consideration on the request. Staff recommended that the deferral be to the October 18, 1994 Subdivision hearing, and that the applicant bring any proposed changes in the application to the Subdivision Committee for review of the site plan. A motion was made and seconded to approve the deferral of the item until the October 18th. Commission meeting, and the motion passed with the vote of 9 ayes, 0 nays, 1 absent, 0 abstentions, and 1 open position. 7 September 6, 1994 ITEM NO.: 7 FILE NO.: Z -4085-C NAME: MID -AMERICA CENTER -- AMENDED SHORT -FORM PRD LOCATION: On the north side of W. Roosevelt Rd., between S. Wolfe and S. Battery Streets DEVELOPER: ENGINEER: FRED RODGERS Samuel L. Davis 2407 S. Battery St. S. DAVIS CONSULTING, INC. Little Rock, AR 72206 5301 West 8th. Street 374-9844 Little Rock, AR 72204 664-0324 AREA: 1.88 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: PRD PROPOSED USES: Day Care and Residential PLANNING DISTRICT: 8 CENSUS TRACT: 11 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes an amendment to an existing PRD in order to make substantive changes to the originally approved master site plan and to the allocation of uses for the various buildings on the site. The original PRD, approved by the Planning Commission on March 8, 1988, then by the Board of Directors on April 19, 1988, in Ordinance No. 15,440, approved a master site plan with three principal buildings: an existing 2 -story home facing Wolfe St. containing 6,400 square feet; a new single -story building at the corner of Wolfe St. and Roosevelt Rd. containing 11,300 square feet; and, a new single -story building at the corner of Battery St. and Roosevelt Rd. containing 4,200 square feet. The existing 2 -story building, combined with the 11,300 square foot building was planned to be a residential care facility. The 4,200 square toot uilyding was to a child care center. Subsequent to that approval, the residential care use was implemented in the existing 2 -story, 6,400 square foot building facing Wolfe St.; however, the two new buildings were not built. Then, on December 12, 1989, the Commission heard a request to amend the PRD to change the use in the existing 2 -story, 6,400 square foot building from residential care to child care. Included with the request was a proposal to add a 24 foot by September 6, 1994 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z -4085-C 20 foot, 2 -story addition to the building as a new entry/drop-off point for the child care facility, and to provide parking and an access drive to the facility in the area formerly shown as the location of the new buildings. The Commission approved the request and the Board of Directors amended the PRD in Ordinance No. 15,801 on January 16, 1990. Now, in the current proposal, additional land is being included in the PRD site, and the uses are proposed to change. An additional residential lot which faces Battery St. is to be included in the PRD. This lot contains a duplex residential structure. It is to be used for offices for the facility on one side of the duplex, and continue to be used as a residence on the other. The existing 2 -story building which faces Wolfe St. is to continue being used for a child care facility on the first floor, but, in addition, a residential care facility is proposed to be implemented on the second floor. A new addition which joins these two buildings, straddling what was once an alley way, is proposed to be 2 stories, and is to contain child care space on the first floor, with residential care and residential uses on the second. The applicant states that a residential care facility is one which is used to provide, for pay and on a 24-hour basis, a place of residence and boarding for persons who need a place to live. This use includes providing a place for daily activities for residents for planned group recreation and socialization. The facility, then, will include lounge and living areas, a central dining facility with a fully equipped kitchen, bath facilities, laundry, administrative offices, and an apartment for the facility manager. Residential care for 70 persons is proposed. The child care center is proposed to serve 150 children, 2 1/2 years of age and above. The required number of employees to tend to this number of children, according to the applicant, is 12, plus a director and administrative secretary. This facility will include a multi-purpose area for activities, dining, and sleeping, and will have a kitchen, toilets for adults and children, an isolation health room, and an administrative office. The applicant proposes to provide 86 parking spaces. The entire site is to be fenced for security purposes. A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is sought for a revision to an existing PRD to: 1) include additional land area in the PRD site and amend the approved PRD site plan; and 2) change the allowable uses approved for the PRD. An existing residential lot and F September 6, 1994 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO • Z -4085-C residential duplex structure is proposed to be included in the PRD site. A new addition is proposed to connect the existing 2 -story building which faces Wolfe St. with the existing duplex which faces Battery St. The existing duplex is to continue to be used for a residence on one side; the second side of the duplex is to be used for administrative offices for the facility. The 2 -story building, with its 2 -story addition, is to be used for child care on the first floor and residential care on the second floor. The second floor is also to contain a facility manager's apartment. Parking for 86 vehicles is provided, as is a drop-off/pick- up drive for the child care facility and parking for residents and staff. The site is to be fenced with chain link fencing for security purposes. B. EXISTING CONDITIONS: The site is made up of a 1.66 acre tract currently designated as a PRD, combined with a 50 foot wide residential lot currently zoned R-4. On the 1.66 acre site is a single 2 -story, 10,640 square foot facility presently being used for child care on the first floor only. The second floor is unused. Except for this building, the tract is vacant, or is used for access drives and parking. The 50 foot wide lot has a duplex residence located on it. All surrounding property is zoned R-4. There is an elementary school directly to the west of the site. C. ENGINEERING/UTILITY COMMENTS: Public Works reports that a sketch grading and drainage plan must be provided. Before issuance of a building permit, engineering must be provided with plans for stormwater detention. Water Works reports no objections. Wastewater reports that the proposed addition (lying between the two existing buildings in the abandoned right-of-way, but in which the easements were retained) lies over an existing 610 sewer main. The sewer main will have to be relocated by the owner and the easement abandoned, or the building will not hese witted to occupy i -he aa_U ey—ea-Bement . Site Plan review reports that a 61 high opaque wood fence with its structural supports facing inward, or dense evergreen plantings, will be required to screen the proposed expanded area from the residential property to the north. An upgrade in non -conforming landscape area will be required equal to the amount of the expansion. 9 September 6, 1994 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z -4085-C Building Codes reports that the foundation for the proposed building, which is to connect the 2 existing buildings, was constructed without a permit and without an inspection. The foundation will not be accepted. The project, as proposed, will be well over the allowable floor area as provided in the Fire Prevention Code, and the proximity of the new building alongside an existing structure will be in violation of the same Code. The Code issues listed could be remedied, but would require extensive effort, such as providing exterior fire separation and protection of both existing and new construction; four hour rated fire wall construction in several locations; and installation of a fire sprinkling system. Arkansas Power and Light Co. notes that there is an existing power line in the alley. They report that an easement must be provided; however, since the easement was retained when the alley was abandoned, the easement they request is still in existence. Arkansas Louisiana Gas Co. approved the plan as submitted. Southwestern Bell Telephone Co. approved the plan as submitted. The Fire Department will require that the 12 foot wide drive on the north side of the existing daycare building, extending to the north side of the new addition, be increased to provide 20 feet of drive access for fire equipment. Landscape review comments that a 6 foot high opaque wood fence, with its structural supports facing inward, or dense evergreen plantings, will be required to screen the proposed expanded area and the remodeled residence from the residential properties to the north and south. An up -grade in non -conforming landscaping will be required equal to the amount of the expansion, and the remodeled residence will be required to comply with the landscaping ordinance. Land Use review reports that the site is in the Central Business District. The adopted land use plan recommends single -fa imim y use for this site. Due to the location next to an elementary school and the visibility problems along Roosevelt, as well as the surrounding residential use, staff does not recommend commercial for the site. If, however, the use is a residential housing situation and child and adult daycare, these uses of the site should not cause significant adverse effects. 4 September 6, 1994 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z -4085-C D. ISSUES/LEGAL/TECHNICAL/DESIGN: Parking for rooming houses, boarding houses, etc., the requirement is 0.5 spaces/sleeping accommodation. The applicant states that the facility is to serve 70 residents. This would require 35 parking spaces. Additionally, there are two apartments provided. These require an additional 2 spaces. Parking for child care requires 1 space per employee, plus loading and unloading spaces at a rate of 1 space for each 10 children. The proposal is for 150 children, and there are 14 employees. The parking which is required is 29 spaces. The total required spaces is 66; 86 spaces are provided. The existing head -in parking spaces off Battery St. which serve the existing duplex must be altered so that vehicles do not back directly onto Battery St. Adequate maneuvering space must be provided on-site for vehicles to park, back, and then to enter Battery St. driving forward. The Building Codes division has cited some serious concerns. This division reports that the applicant proceeded to construct the concrete foundation for the proposed 2 -story addition which will connect the existing 2 -story building with the existing 1 -story duplex residence without a permits and that this foundation is placed over a utility easement. The alley in this location was abandoned; however, the utility easement was retained. The applicant must, first, seek the abandonment of the utility easement, relocating any needed utility lines at his own expense, then, he must do what is required by Building Codes to gain approval of the foundation for the proposed building. E. ANALYSIS• The proposed use is not in conflict with the adopted land use plan, and can be supported from a land use perspective. The applicant has begun the process of abandoning the utility easement, and has stated that he will bear the costs of relocating the utility lines, as required. He has stated that he will do what is needed to satisfy Building Codes. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PRD, subject to the applicant: 1) being successful in his application to abandon the utility easement in the closed alley and relocating any utilities in the easement to be abandoned; and, 2) subject to meeting the Building Codes, landscaping, and other comments noted above. 5 September 6, 1994 SUBDIVISION ITEM NO • 7 (Cont.) FILE NO.: Z -4085-C SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Fred Rodgers, the applicant, was present. Staff outlined the proposal and presented the site plan. The Committee reviewed with Mr. Rodgers the comments contained in the discussion outline. Discussion centered around two issues: the issue raised concerning building the proposed addition in an alley where the utility easements had been retained; and, the issue raised concerning beginning construction on the building addition without a building permit. Staff indicated, also, that Building Codes is concerned that the applicant may be proceeding with a plan without fully realizing what will be required by the Building Code as far as fire walls, sprinkler systems, etc. Mr. Rodgers responded that he would begin immediately to abandon the utility easement in the alley, would do what is necessary to relocate any utilities in the closed alley, and would meet the Building Code requirements. The Committee forwarded the application to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that the applicant has begun the process to abandon the utility easement in which the applicant has placed a building foundation, and that the applicant has stated that he will relocated the utilities which are in the easement at his own expense. He has, staff related, also assured staff that he will conform to Building Code requirements in the construction of the building addition. With these matters being dealt with, staff recommended approval of the amended PRD, subject to the utility easement matter being resolved, and subject to Building Codes approving the construction. The item was included on the consent agenda for approval, and the amended short -form PRD was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstentions, and 1 open position. R September 6, 1994 ITEM NO.: 8 FILE NO.: Z -5770-A NAME: MGM PROPERTIES -- AMENDED SHORT -FORM POD LOCATION: On the north side of Highway 10, approximately 1/4 mile west of the east Taylor Loop Road intersection DEVELOPER: ENGINEER: S. Barksdale McKay Joe White RIVER CITY ENERGY COMPANY WHITE-DATERS & ASSOCIATES, INC. 11025 Anderson Rd., Suite 100 401 S. Victory St. P. O. Box 22837 Little Rock, AR 72201 Little Rock, AR 72221 374-1666 227-7001 AREA: 2.82 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING• POD & R-2 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: PROPOSED USES: Offices None The applicant proposes an amendment to an existing POD to add additional acreage to the approved site and to make changes to the approved site plan. No changes in the approved uses is proposed. On January 4, 1994, the Planning Commission approved a POD for the applicant for development of a 1.82 acre site with two office buildings to be used for 0-3 office uses. The Board of Directors, on February 1, 1994, in Ordinance No. 16,586, established the POD. Subsequently, the applicant has had an opportunity to acquire the abutting 1 acre tract to the east of the original site, and wishes to combine the two tracts and amend the POD site plan. Proposed are two office buildings. Both are proposed to be 2 -story, with basements. Building I is placed 110 feet north of Highway 10. It is to contain a total of 22,800 square feet (10,000 square feet on both the ground and second floor, and 2,800 square feet in the basement). The second building is sited to the north of the first building. it is to contain a total of 20,300 square feet (8,750 square feet on both the ground and second floor, and 2,800 square feet in the basement). The site September 6, 1994 SUBDIVISION ITEM NO • 8 (Cont.) FILE NO.: Z -5770-A plan provides parking spaces for 98 vehicles, and access to the site is from a single central drive approach off Highway 10. (Note: The original submission proposed two drive approaches off Highway 10, but, in response to the Public works comments, the plan was changed.) The development is to take place in two phases, with the rear/northernmost building being developed first. This building is planned to be built in mid-1995, and is to house the applicant's business' offices. The second building, the southernmost building, is to be constructed as the market demand for office space develops. A monument sign is planned at the front of the sign. It and the landscaping of the site will comply with the Highway 10 Overlay requirements. The requested uses of the site are all uses by right in the 0-3 zoning district list. A. PROPOSAWREQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for an amendment to an existing POD in order for the applicant to add an additional 1 -acre tract to the site and to change the site plan to take advantage of this increased size of the tract. As previously approved, two buildings are proposed for the site; however, in the revised plan, the building sizes have been increased from two, 6000 square foot, single story buildings to two, 2 -story with basement buildings, one (the one closest to Highway 10) having a total square footage of 22,800 square feet; the other, 20,300 square feet. All uses allowed by right in the 0-3 zoning district are requested. Parking for 96 vehicles is proposed. A monument sign is proposed beside the entrance driveway, and it and the landscaping will, according to the applicant, conform to the Highway 10 Overlay requirements. B. EXISTING CONDITIONS: The original 1.88 acre site is still vacant and heavily wooded. The 1 -acre site to the east of the original tract has a single home located approximately mid -way back on the tract. This tract also contains many trees, and the rear of the tract is heavily wooded. The topography of the proposed POD site rises in elevation from south to north, with the north boundary of the site being approximately 28 feet higher than the south boun along Highway r . The original 1.88 acre site is zoned POD. The surrounding properties are all zoned R-2, although there are non- conforming uses in the area. (An animal clinic is located directly across Highway 10 from the site, and a photography studio is located immediately to the west of the site.) K September 6, 1994 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z -5770-A C. ENGINEERING/UTILITY COMMENTS: Public Works comments that only one curb cut per 300 feet of frontage will be allowed. Prior to issuance of the building permit, the applicant must submit a complete grading and drainage plan, as well as a stormwater detention plan. Water Works reports no objections. Wastewater reports that a sewer main extension, with easements, will be required for service to this site. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the site plan as presented. Landscape review reports that the areas set aside for buffers and landscaping meet the Highway 10 overlay and landscape ordinance requirements. Where on-site existing natural vegetation does not provide adequate year-round screening, a 6 foot high opaque screen will be required to screen the proposed development from the residential zoned property to the north, east, and west. Because the southern parking area is proposed to be at a significantly higher elevation than Highway 10, extra attention to screening this area from Highway 10 will be necessary. Land Use review comments that the site is located within the River Mountain Planning District, and is designated as Transition Zone (TZ) on the land use plan. The TZ category is intended to provide for a transition area between single- family uses and other more intense uses. Office uses are appropriate within the Transition Zone, provided that the maximum floor area ratio is 0.2. The D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Ordinance requires parking at a rate of 1/400 sf. The Ordinance states that for structures larger than 10,000 sf, the basic requirement shall be met for the first 10,000 sf, then for the square footage between 10,000 & 20,000 sf, the parking is 95% of the basic rate; for the square footage lying between 20,000 sf and 30,000, the parking is 90% of the basic rate. Building 1 has 22,800 sf. This will require 55 parking spaces. Building 2 has 20,300. this will require 31 spaces. The total required parking, then, is 86. Parking for 96 vehicles is provided. 3 September 6, 1994 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z -5770-A E. ANALYSIS• The applicant has made the changes in the plan which were required by Public Works concerning the single drive approach off Highway 10. There are no other issues to be resolved. The use is not in conflict with the land use plan. F. STAFF RECOMMENDATIONS: Staff recommends approval of the POD request. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Barksdale McKay, the applicant was present. Staff presented the application and reviewed with the Committee the proposed site plan. Mr. McKay related that he had previously gained approval of a POD encompassing a 1.82 acre portion of the site, but had been presented with an opportunity to acquire the adjoining 1 acre. He, therefore, was seeking an amended POD to reflect the newly enlarged site. The Committee reviewed with Mr. McKay the comments contained in the discussion outline. Mr. McKay asked for clarification on the Public Works comment which limited him to one drive off Highway 10. The Public works staff responded that the regulations which limit the number of access points off Highway 10 was adopted on January 18, 1994, so the previous POD site, which had been approved with two driveways had preceded the new ordinance. Mr. McKay assured the Committee members that he would make the needed changes, and the Committee forwarded the POD request to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that the applicant had submitted a revised site plan which addresses the Public Works concerns regarding the drive approach off Highway 10. Staff reported that there are no other concerns to be addressed, and the item was included on the consent agenda for approval. The amended short -form POD was approved with the vote of 10 ayes, 0 nays, 0 absent, 0—abat-emtions and 1 open picas-ition-. 4 September 6, 1994 ITEM NO.: 9 FILE NO.: Z-5873 NAME: KREMER'S -- SHORT -FORM PRD LOCATION: At the southeast corner of W. Markham Street and S. Park Street DEVELOPER: ENGINEER: William R. Kremer Robert D. Holloway 11219 Financial Center Parkway ENVIRONMENTAL SCIENTISTS, INC. Little Rock, AR 72211 200 Casey Drive 228-4485 Maumelle, AR 72113 851-8806 AREA• 0.32 ACRES ZONING: R-3 PLANNING DISTRICT: 4 CENSUS TRACT• 14 NUMBER OF LOTS: 2 FT. NEW STREET: 0 PROPOSED USES: Multi -Family Residential VARIANCES REQUESTED: Waiver of the sidewalk requirement along the N. Park St. frontage of the site STATEMENT OF PROPOSAL: The applicant proposes the construction of multi -family facility consisting of 8 apartments (4 units down stairs; 4 up stairs) on a 0.32 acre site. Provision is made for off-street parking for 12 vehicles. The development involves construction of one-half street improvements on both boundary streets, Markham and Park Streets. A sidewalk is to be constructed along the Markham St. frontage of the site; however, for the Park St. frontage, a waiver from the requirement is requested. The primary access to the site is to be by way of a driveway off Markham St. An exit from the site is provided to an improved alley to the east. Required landscaping and the provision of a "good neighbor" fence along the south and east boundary of the site is proposed. A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a PRD for a 2 -story, 8 -unit apartment facility to be built on a 0.32 acre site. There is to be parking for 12 vehicles on the site. Required street and sidewalk improvements on Markham and Park Streets are included in the proposal, except there is a request for a waiver of the sidewalk improvements on Park St. September 6, 1994 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-5873 B. EXISTING CONDITIONS: The site is currently vacant, and has been so for several years. The site is elevated above the Markham St. grade approximately 4 feet, then rises another 4 feet at the south property line. Neither Markham or Park Streets have a curb and gutter section along the project property line; neither street has the required sidewalk along the street frontage. Park St. "dead -ends" one-half block south of the Markham St. intersection; however there are two homes on lots south of the proposed development and there is an apartment building on the west side of Park St. at the "dead-end". There is a sidewalk on the project side of Park St. on beyond the project site to the south. A portion of the right-of-way along the east side of Park St. has been paved, and this paved area is being used for parking for, presumably, the commercial building across Park St. to the west. The north - south alley abutting the east side of the site is paved. The site is currently zoned R-3, with R-3 property to the east and south. R-4 property lies directly across Markham St. to the north; the State School for the Deaf campus, on property which is zoned R-2, is cater -corner to the northwest across the Markham -Park intersection. Directly across Park St. to the west is C-3 zoned property. (The Little Rock Auto Clock and Speedometer Service business is located in this C-3 area.) C. ENGINEERING/UTILITY COMMENTS: Public Works reports that a sketch grading and drainage plan is to be provided. Before issuance of the building permit, plans must be submitted for the right-of-way improvements, as well as a complete grading and drainage plan. Water Works comments that Water Works needs to be contacted regarding meter size and location. Wastewater comments that sewer is available, and there will be no adverse effect on the system. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the site plan as presented. Landscape review reports that the areas set aside for buffers, landscaping, and land use screening meet the Ordinance requirements. Trees and shrubs will be required within the southern land use buffer. The dumpster enclosure must be opaque and be 81 high on 3 sides. 2 September 6, 1994 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-5873 Land Use review reports that the site is located in the Heights/Hillcrest Planning District, and is designated as Multi -Family Residential (MF) of the adopted land use plan. The "MF" category is intended to accommodate residential development of 10 to 36 units per acre. The proposal is for 8 units on 0.32 acres, equating to 24 units per acre. The proposal is, therefore, consistent with the land use plan. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The applicant proposes to make street improvements on both Markham and on Park, and proposes to construct the required sidewalk on Markham; however, a waiver is requested for the required sidewalk on Park, and this will require Board of Directors approval. The Ordinance requires 1.5 parking spaces/dwelling unit in multi -family uses. In this case, 12 would be required, and 12 are provided. Any anticipated signage must be specified and must be located on the site plan. The survey and PRD site plan show N. Park St. as N. Park Ave. This is incorrect; Park Ave. is in the College Station area off Frazier Pike. The street name must be corrected on both the survey and PRD site plan. E. ANALYSIS• The proposed development is consistent with the land use plan, and the applicant proposes to meet all development standards which are required by the various ordinances and entities, except that a waiver from the sidewalk requirement on Park St. is requested. Since there are single-family and multi -family residences to the south of the site on Park St., and since there is an existing sidewalk south of the site which can be extended northward along the Park St. frontage of the site to intersect with the sidewalk to be constructed along Markham St., the sidewalk along Park St. should be constructed. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PRD request, but does not recommend approval of the waiver of the sidewalk on Park St. 3 September 6, 1994 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-5873 SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. Robert Holloway, the project engineer, was present. Staff presented the request and reviewed with the Committee the proposed site plan. The Committee reviewed with Mr. Holloway the items contained in the discussion outline. Mr. Holloway indicated that he would make the needed adjustments and additions to the plans. He clarified with the Committee various items concerning the condition of the existing improvements on the boundary streets and the alley, indicating that boundary street improvements would be made, but that a waiver of the sidewalk requirement on Park St. was being sought, and indicating that the alley was improved. The Committee forwarded the request to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Mr. Bob Holloway was present to represent the developer. Staff presented the application, and noted that the requested waiver of the sidewalk construction along the Park St. frontage of the site had been withdrawn by the applicant; that the sidewalk would be constructed. Mr. Holloway indicated that the application and staff's presentation were sufficient to outline the proposal, and said that he would prefer to respond to the objectors who were present. Mr. Dulyn Butler, indicating that he is the owner of the abutting property to the south, said that his home is the only dwelling abutting the property. He said that he had bought the dwelling knowing that the home was in a single-family zoned area, and said that he wants the single-family zoning in the area to remain. He stated that the proposed 8 -unit apartment dwelling was to be built within 10 feet of his home, and objected to that situation. Mr. Jim Achard, indicating that he lives a block away from the proposed development, said that, although he is not opposed to development on the site, he felt that an 8 -unit apartment deveI,opment_wa_s " a bit—much ° He s aid hat_,—s- no -e the-zrapas ed property is elevated above the surrounding property, the second floor windows of the apartment building would look down onto Mr. Butler's yard and home. A 2 -story structure, he said, is out of scale for the location; that something of a lesser scale would be more appropriate. He also stated that Mr. Kremer, the developer of the 8 -unit apartment project, is also the owner of 4 September 6, 1994 SUBDIVISION ITEM NO.:9 _cont-)___ __ _ FILE NO.: Z-5873 an apartment building across Park St., at the south end of the dead-end section of Park St. He said that Mr. Kremer's other apartment project is not properly maintained and is tacky, and questioned whether a new facility developed by Mr. Kremer would be an asset to the neighborhood. Mr. Holloway responded to the criticisms. He said that the other property owned by Mr. Kremer was built in 1928, and, consequently, shows its age. He said that the neighborhood has been, for many years, a "mixed use" area, with the multi -family dwelling to the south, a commercial use to the west, other multi -family directly to the north, and the deaf school to the northwest. Mr. Butler's house is a large, order home, which sits well off the ground and has high ceilings and a high roof. It is probably, he said, as tall as the proposed 2 -story building being considered. The exiting topography of the site is proposed to be lowered, so that the proposed building will be lower than the present site would suggest. There is to be a privacy fence along the southern boundary of the site, and this property line is to be landscaped. Mr. Holloway also corrected Mr. Butler's contention that the apartment building would be built 10 feet from his home. Instead, he said, it would be built 10 feet off the south property line, and Mr. Butler's home is south of that property line. Mr. Holloway stated that all traffic generated by the proposed development would use W. Markham St., and that trash pick-up would use the alley to the west; therefore, S. Park St. would not be "burdened" by the new use. Commissioner Oleson questioned the number of units proposed for the development, indicating that the 8 units seemed too many for the acreage involved. Walter Malone, of the Planning staff, indicated that the land use plan calls for the area to be "multi -family", and that the "MF" designation suggests developments of 12 or more units per acre. Staff also mentioned that the R-5 zoning district would permit the density proposed for the subject property. The proposed development, then, is in conformance with the adopted land use plan, and is in line with other zoning and use in the area. Commissioner Willis, then Commissioner Walker, indicated that exterior elevations and a topographic cross-section of the development and its relationship with the property to the south wou be helpful in their being able to de ermine the - appropriateness eappropriateness of the development. Mr. Holloway indicated that, in light of the Commissioner's desire for the additional exhibits, he would ask that the item be deferred until the October 18, 1994 Planning Commission hearing, and that he would, a the Subdivision Committee meeting of September 29, produce the requested drawings. 5 September 6, 1994 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO • Z-5873 A motion was made and seconded to defer the item until the October 18th. hearing. The motion was approved with the vote of 9 ayes, 0 nays, 1 absent, 0 abstentions, and 1 open position. 0 September 6, 1994 ITEM NO.: 10 FILE NO.: Z-5874 NAME: GLOBAL LEARNING CENTER -- SHORT -FORM POD LOCATION: 1608 S. Rock Street; 1613-15 S. Commerce Street; and, 1623 S. Commerce Street DEVELOPER: Rev. Bobby Lee Marshall GLOBAL LEARNING COMMUNITY SERVICE CENTER 1608 S. Rock St. Little Rock, AR 72206 375-2430 AREA: 0.8 ACRES NUMBER OF LOTS: 3 FT. NEW STREET: 0 ZONING: R-4 PROPOSED USES: Establishment of a religious, charitable, or philanthropic office PLANNING DISTRICT: 8 CENSUS TRACT: 3 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes to utilize three existing residential structures for the activities undertaken by the Global Learning Center organization. In the structure at 1608 S. Rock St., the upper story is used as a residence for Rev. Marshall; the lower level is used for general offices for the organization, as assembly and lounge area, counseling offices, and a dining and kitchen area. In the structure at 1613-15 S. Commerce St., a duplex, the north side of the duplex, at 1613 S. Commerce St., is used as a basic skills development facility for children and young people; the south side, at 1615 S. Commerce St., is used as a residence for otherwise homeless men. In the structure at 1623 S. Commerce St., a duplex, the north side is used as a residence for otherwise homeless women; the south side is used as a counselina center. The Global Learning Center seeks to "loin forces to help in the fight (to take) our communities back from gang members, dope pushers, alcoholics, addicts, and crime." The Center, then, was organized: 1) to educate high risk youth, adults, and children in basic education courses; 2) to guide students in enrolling in computer skills, clerical skills, and basic communications or language arts courses; 3) to develop violence prevention September 6, 1994 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5874 curriculum for adolescents; 4) to provide counseling and rehabilitation services for parolees and to provide drug prevention and intervention services and drug awareness assistance programs; and, 5) to provide food and shelter for the homeless. These activities are on-going in or are planned uses for the three buildings currently used by the organization. No change in the residential character of the structures and no signage is proposed. Landscaping improvements are underway and are proposed to be expanded. A. PROPOSAWREQUEST: Planning Commission review and Board of Directors approval of a POD is requested for the Global Learning Center' uses of three existing structures (at 1608 S. Rock St., at 1613-15 S. Commerce St., and at 1623 S. Commerce St.) for the organization's counseling, school, office, and residential programs and uses. The structure at 1608 S. Rock St. is proposed to continue its use as a residence for Rev. Marshall, located on the 2nd. floor of the home, and, on the 1st. floor, to continue its on-going uses which include: administrative offices for the origination and counseling offices, a lounge and assembly area, and dining and kitchen facilities. The structure at 1613-15 S. Commerce St. is proposed to continue its use as a residence for homeless men and as a center for teaching young people in basic developmental and communications skills and in language arts. The structure at 1623 S. Commerce St. is proposed to continue its use as a residence for homeless women and as a counseling center for rehabilitation services for parolees, for drug prevention and intervention programming, and drug awareness assistance counseling. No changes to the exterior of or in the residential character of the structures are anticipated. The upgrading of landscaping in the yards is proposed. B. EXISTING CONDITIONS: The proposed POD site involves three residential structures at three locations: the 2 -story home at 1608 S. Rock St. which occupies 3 lots, a duplex at 1613-15 S. Commerce St. on a single lot, and a duplex at 1623 S. Commerce St. which, again, is on a sing a of All three locations are in an R- 4 zoned area. Immediately to the west of the S. Rock St. property is an area which is zoned R-5. This R-5 zoned district extends northward from E. 16th. St. and extends eastward to S. Commerce St. There is a church building, in the R-4 zoned district, immediately north of the S. Commerce St. lots. There is a great deal of undeveloped, vacant, or 2 September 6, 1994 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5874 abandoned property in the immediate area; however, a block to the east of the S. Commerce St. property, on E. 17th. St., is the beginning of the area in which the City, with C.D.B.G. funding, is designing and constructing new homes for low -to -moderate income persons, and is the area known as a "Model Block". C. ENGINEERING/UTILITY COMMENTS: Public Works reports no comments. Water Works reports no objections. Wastewater reports that sewer service is available, and that there is no adverse effect to the system. Arkansas Power and Light Co. approved the submittal without comment. Arkansas Louisiana Gas Co. approved the submittal without comment. The Fire Department approved the submittal without comment. Landscape review reports that the areas set aside for buffers and landscaping meet ordinance requirements. A 61 high opaque screen is required to screen this site from the residential properties. (At 1608 Rock, the properties to the north, west, and south. At 1613-15 Commerce, the properties to the south, east, and north. At 1623 Commerce, the properties to the north and east.) This screen may be a wood fence with the structural supports facing inward, or be dense evergreen planting. Land Use review comments that the project sites are located within the Central City Planning District, and are designated as Single -Family Residential on the land use plan. The proposal to operate the Global Learning Center on the three sites is in conflict with the land use plan. An analysis of the neighborhood reveals that, although the area has been in a state of decline in recent years, a solid residential pattern still exists and should be maintained. Community Development Block Grant funds have been invested in the area to enhance the residential character of the neighborhood. Commercial uses would be intrusive and should be located nearer to Main Street. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There are no issues which are outstanding, except the land use issue cited above. 3 September 6, 1994 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5874 E. ANALYSIS• The proposal is one that encompasses a number of uses on several sites. The proposed uses include some that are deemed to be "commercial" in nature, and these are in conflict with the land use plan. They are viewed by staff as possibly being intrusive to the residential neighborhood and to its redevelopment. F. STAFF RECOMMENDATIONS: Staff recommends denial of the POD. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) A Ms. Carter and Mr. Walker were present to represent the applicant. Staff presented an overview of the application and reviewed with the Committee members the site plan of the properties which the applicant is utilizing for the organization's activities. Staff asked the applicant's representatives to delineate and clarify the various activities which are on-going in the three structures. Ms. Carter and Mr. Walker explained that at 1608 Rock St., besides being Rev. Marshall's, the applicant's, residence, the building serves as the organization's offices, a group meeting center, and a feeding center where food is both consumed and distributed. The structure at 1613-15 Commerce St. serves as a tutoring and skills development center and the men's residence. The structure at 1623 Commerce St. serves as a counseling center and women's residence. The Committee reviewed the comments contained in the discussion outline, then forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 20, 1994) Rev. Bobby Marshall was present to present his application. Staff presented the request, and indicated that the use category of "establishment of a religious, charitable, or philanthropic office's was a cats- - froM the Zoning Ordinance—which was chosen----- as hosen__as one that best captured all the variety of uses proposed to be undertaken in the POD, but that the Global Learning Center was not to be understood to be necessarily a religious use. Staff pointed out that the word "or" designated that the uses could be religious, or charitable, or philanthropic uses. Rev. Marshall indicated that the staff's presentation and explanation of the request was sufficient, and that he would rather respond to the comments of objectors. 4 September 6, 1994 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5874 Ms. Rita Spillenger, indicating that she and her husband were in opposition to the request, said that they opposed any commercial rezonings in the area. They had made a significant investment in the neighborhood in buying a home in the area, and were interested in seeing that the neighborhood was revitalized as a residential area. They had bought the home knowing that the area was residential, and expect the area to remain residential. Ms. Spillenger also complained that Rev. Marshall has been less than forthcoming in the information he has provided regarding the nature and scope of the activities pursued by his organization. Rev. Marshall, she said, had been engaged in the pursuit of his activities for more than a year without the permission of the City, and that it was only after the neighbors brought the matter to the City's attention that the application for the rezoning was made. She also stated that Rev. Marshall did not have the permission of the property owners to seek the rezoning. Ms. Spillenger reported that she had invited Rev. Marshall to her home to discuss their opposition to the proposed rezoning, and to discuss their contention that drug abusers were frequenting the premises. The residents are not adequately supervised, and the facility has not met any licensing requirements, she said. She complained that there is trash and there are liquor bottles in the alley between Rev. Marshall's house and her home that are there due to the Global Learning Center clientele, and that there is traffic in the alley till all hours of the night. As far as the safety of the neighborhood is concerned, she said that her garage and back yard have been broken into, so she did not see that Rev. Marshall's organization was improving the safety of the area. Rev. Marshall, she said, refused to discuss the matter, and had, she said, called her a racist. At another scheduled meeting, which Rev. Marshall had set, Rev. Marshall had failed, she continued, to attend. She stated that, contrary to Rev. Marshalls contention, she and her family are not racists; that she supports the activities of organizations such as Global Learning Center, when they are in an appropriately zoned area, and when the activities are properly supervised and the institution is properly licensed. Ms. Tennie J. Swaford, identifying herself as an area resident, said that, although she does not object to Rev. Marshall and his program, she does object to rezoning the neighborhood for Ms. Joan Gould, stating that she owns a home and property which back up to Rev. Marshall's property, said that she objects to the non-residential uses of the property. She had bought the home because she wanted to live in a down -town, integrated, residential neighborhood. She said that she is buying property from the same persons who own Rev. Marshall's property, and that these persons had not been informed of the planned rezoning, 67 September 6, 1994 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-5874 except for the same notice which was sent to property owners in the area. The owners, Mr. and Mrs. Riley, are not, she said, supportive of the proposed rezoning, and are, she suggested, not adequately informed of the goings-on. Two years ago, she said, the Marshalls had been operating a daycare facility in the house at 1608 Rock, and, at that time, the Rileys had stopped the activity, due to it not being permitted within the scope of their insurance coverage on the property. She complained that, over the past two years, although the front of the property facing Rock St. has been improved, the alley between their and Rev. Marshall's property is littered. Food, from the food program, is scattered in the alley, which she has, on a number of occasions, had to clean up. There are numerous vehicles parked on Rev. Marshall's property which are never moved, but are stored on the property and are an eyesore. She complained that Rev. Marshall and his clientele trespass on her property which she is buying from the Rileys, and that she has had to notify Rev. Marshall not to take soil or plant flowers on her property. She said that one instance involving her paying clientele of Rev. Marshall's for removing a tree which had been blown over, where Rev. Marshall had said that the persons she had paid had used the money to buy drugs, caused her to question the adequacy of the supervision afforded to the clientele, and caused her to question her security, and the security of the other neighbors. She said that there are a number of homes in the neighborhood which are historic, and a rezoning to permit a commercial use would devalue these homes. She questioned the legitimacy of Rev. Marshall's program and activities, both from the City's zoning laws, and from the State licensing regulations. She was approved with the vote of 8 ayes, 1 nay, 1 absent, 0 abstentions, and 1 open position. September 6, 1994 ITEM NO.: 11 FILE NO.: S-1035 NAME: CHENAL CENTER -- SITE PLAN REVIEW LOCATION: At the northwest corner of Chenal Parkway and Autumn Road DEVELOPER: ENGINEER: David H. Pickering Joe White PICKERING, INC. WHITE-DATERS & ASSOCIATES, INC. 11621 Rainwood Dr. 401 S. Victory St. Little Rock, AR 72212 Little Rock, AR 72201 227-6376 374-1666 AREA: 2.41 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3 PROPOSED USES: Commercial PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes development of a 2.41 acre tract for commercial purposes. An "L" -shaped building lies along the north and west property lines. It is 1-sotry and contains 26,480 square feet. The second building lies at the Chenal Parkway - Autumn Rd. intersection, is single -story, and contains 3,504 square feet. Parking for 120 vehicles is proposed. Access to the site is to be gained from three drive approaches from Autumn Rd. There is one exit provided onto Chenal Parkway. The applicant proposes to construct the west one-half of Autumn Rd, to construct sidewalks along both the Chenal Parkway and Autumn Rd. frontages of the site, and to contribute 1/4 the cost of a traffic signal at the Chenal Parkway -Autumn Rd. intersection. A. PROPOSAL/REQUEST: Planning Commission review of a proposed site plan is requested for the development of a 2.41 acres tract for commercial purposes. The site is to consist of two buildings, one containing 26,480 square feet; the other, 3,504 square feet. Parking for 120 vehicles is provided. The required improvements for constructing one-half of Autumn Rd., and construction of a sidewalk on both Chenal Parkway and on Autumn Rd. are proposed. The applicant states that he will pay 1/4 the cost of the needed traffic signal at the Chenal Parkway -Autumn Rd. intersection. September 6, 1994 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: S-1035 B. EXISTING CONDITIONS: The site is currently undeveloped. It has been previously cleared, and a depressed area in the site has had fill material placed in it. The site is zoned C-3, and is part of the tract previously considered for the Lowe's PCD development. Immediately to the north and west is R-3 zoned property, with scattered single-family home sites north of the site along Autumn Rd. Across Autumn Rd. to the east is a PCD site recently approved for the Chenal Village shopping center. To the south, across Chenal Parkway, is the PCD site for the Home Quarters business. Cater -corner across Chenal Parkway, to the southeast, is the Pinnacle Point hospital in a C-3 zoned tract. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the plan will have to be revised to eliminate the curb cut on Chenal Parkway, and to eliminate 1 of the curb cuts on Autumn. Additional right- of-way must be provided on Autumn Rd. to Master Street Plan requirements, and to match the proposed improvements on the east side of Autumn Rd. Prior to the issuance of the building permit, complete grading and drainage plan must be provided. Water Works reports that additional fire hydrants may be required. These would be installed and paid for by Water works, but their installation should be coordinated with the project contractor. Water Works should be contacted regarding meter size and location. Wastewater reports that sewer is available on the east side of Autumn Road. It is the responsibility of the Developer to assure themselves that this property can be served from the existing sewer main. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require easements. Landscaping review reports that the areas set aside for buffers along Chenal Parkway, Autumn Road, and along the west perimeter are below minimum ordinance requirements. The northern land use buffer exceeds the Ordinance of 161. The full buffer requirement along Chenal is 16° (minimum: 10 Pa September 6, 1994 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: 5-1035 1/21). The full buffer along Autumn Rd. is 13' (minimum: 91). Along the west perimeter of the site, the full buffer requirement is 15 1/2' (minimum: 10'). Areas provided on the plan submitted average 5' to 8' in width, with the exception of a 26' wide section along Autumn Rd. adjacent to the building. A minimum of 60% of the land use buffers should remain in their natural state. The method to be used to protect these buffers during construction should be defined. A 6' high opaque screen will be required as part of the land use buffers. This screen can be a wooden fence with its structural supports facing inward, or be dense evergreen plantings. A total of 6% of the interior vehicular use area must be landscaped. The building landscape requirement calls for an average 3' wide landscape strip between the public parking areas and the building. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Ordinance will require 95 parking spaces; 120 are provided. Public Works has commented that both the exit onto Chenal Parkway and one of the drive approaches on Autumn Rd. must be eliminated. Landscape review commented that there are deficiencies in meeting the landscaping requirements. E. ANALYSIS• The basic layout of the site plan meets the requirements; however, there are concerns expressed by Public Works and Landscape review which must be addressed. Staff has not been provided with revised drawings which address the concerns. F. STAFF RECOMMENDATIONS: Staff recommends approval of the site plan, subject to the applicant satisfactorily addressing the Public Works and Landscape review comments. 3 September 6, 1994 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: S-1035 SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mr. David Pickering, the proposed developer, and Mr. Joe White, the project engineer, were present. Staff presented an overview of the proposed project and the request. Mr. White reviewed with the Committee the proposed site plan and the comments contained in the discussion outline. The Committee asked Mr. White if he could adjust the plan to comply with the Public Works staff comments, and Mr. White said that he would meet with the Engineering staff to work out the problems. The Committee forwarded the request to the Commission for the public hearing. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Mr. Joe White, with White-Daters & Associates, was present as a representative of the developer. Staff outlined the proposal, and indicated that the site plan proposes one entrance drive onto Chenal Parkway, one service drive at the north property line onto Autumn Rd., and 2 entrances to the parking area from Autumn Rd. Staff indicated that the Public Works staff, in their review of the site plan, had reported that: 1) the entrance to Chenal Parkway would not be acceptable; and, 2) that the regulations, passed in January of 1994, limit access points to a commercial development to one access point to each 300 feet of lot frontage, and that the one service drive and 2 access points to the parking area would be limited to the one service drive and one other access point. Staff reported that the applicant had agreed to eliminate the access point to Chenal Parkway, but wished to retain the 3 access points along Autumn Rd. This, staff indicated, would require a variance from the regulations from the Board of Directors. Mr, Joe White reiterated that the developer had agreed to relinquish the access point to Chenal Parkway, but that the one service drive and 2 access points along Autumn Rd. are vitally important. Mr. White reported that the developer has agreed to providing 25% of the cost of the needed traffic signal at the Autumn Rd.-Chenal Parkway intersections has dedicated right-of- way along both Chenal Parkway and Autumn Rd., even though the Board of Directors does not require the dedication al_n_g�__Chenal __ Parkway; will make the required improvements on Autumn Rd.; and, will be required to construct a large drainage structure on the property. He said that the developer feels that the 2 access points to the parking area are vital in order to make the development of the site viable, and cannot compromise on them. He cited examples, the new Sonic Drive-in down the street, for 4 September 6, 1994 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: 5-1035 example, which have much less frontage, yet have 2 driveways. He said that the Chenal Village across Autumn Rd. has a service drive, plus 2 entrances, one on Autumn Rd. and one Financial Center Parkway, yet Chenal Center, with almost as much frontage, would be limited to one drive access point and the service drive. He asked that the Commission recommend to the Board of Directors approval of the 3 access points to Autumn Rd. Bill Henry, City Traffic Engineer, responded that one curb cut for public ingress and egress to the development is ample. Commissioner Walker said that, the larger the development, the more traffic flow can be controlled with an internal circulation system. This development, however, is substantially smaller than those examples, the Wal-Mart site, for example, where a single entrance point is provided, and where internal circulations can be provided. He indicated that he can see that the developer would be concerned that the corner building would be isolated without the additional access point to the property. Mr. Henry said that there would be a problem with vehicle stacking and access to the site when the Autumn Rd.-Chenal Parkway signal is installed, and as traffic increases on Autumn Rd. Commissioners Woods and Putnam indicated that they could not see how limiting the access points is beneficial; that all that is accomplished is stacking vehicles on the site, or causing people waiting to turn into the site to be stacked on the street waiting for the traffic to clear. Mr. Henry responded that limiting access points limits points of conflict, and is, therefore, safer. Chairperson Chachere clarified that the site plan needed to be approved subject to the Board of Directors approval of a variance of the number of access points on Autumn Rd. A motion was then made to approve the site plan, with a recommendation to the Board of Directors for approval of the requested variance for the 3 access points on the Autumn Rd. frontage of the site. The site plan and recommendation were approved with the vote of S ayes, 1 nay, 1 absent, 0 abstentions, and 1 open position. 61 September 6, 1994 ITEM NO.: 12 FILE NO.: Z-5862 NAME: PRO-LIFE CENTER -- SITE PLAN REVIEW LOCATION: 1515 S. University Ave. DEVELOPER: Rev. Thomas W. Keller 1321 S. Van Buren St. Little Rock, AR 72204 666-5073 AREA: 0.6 ACRES NUMBER OF LOTS: 1 ZONING: C-3 PLANNING DISTRICT: 9 CENSUS TRACT: 18 VARIANCES REQUESTED: STATEMENT OF PROPOSAL: PROPOSED USES: None FT. NEW STREET: Commercial Amusement PC The applicant proposes the development of the 0.6 acre site for a "Pro -Life Center", consisting of a building containing a meeting room, an office, a racquetball gym, and rest rooms. Parking for 12 vehicles is provided, with access to be taken from Hendrix St. The off -premises outdoor advertising sign located on the property is to be removed. A. PROPOSAL/REQUEST: Approval by the Planning Commission is sought for a site plan to include construction of a single 1,763 square foot building on the site, with a parking lot for 12 vehicles, and access to the parking lot to be from Hendrix St. The site plan review request was mandated by the court order which rezoned the property to C-3. B. EXISTING CONDITIONS: The site is currently undeveloped, except for an outdoor advertising sign which is situated on the property. University Ave. forms the west boundary of the site; Hendrix St. lies at the northwest corner of the tract. The east 85 feet of the property is within a federally designated floodway (or, an area east of a line 100 feet from the September 6, 1994 SUBDIVISION ITEM NO 12 (Cont.) FILE NO.: Z-5862 centerline of a 30 foot wide drainage right-of-way). The floodplain extends to the west an additional 25 feet. To the south is a commercially developed tract, and is used for medical offices. The site is zoned C-3, with C-3 property to the north (beyond the Hendrix St. cul-de-sac) and south and across University Ave. To the northeast along Hendrix St. and directly to the east is R-2 property. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that the site plan must be revised to provide access to the site from University, not from Hendrix. Access to or from Hendrix will not be permitted. The issue of the parking lot and drainage swale in the floodway must be addressed. All requirements made under the building permit response are applicable, including: 1) dedication of the right-of-way for University Ave. expansion as required by the Master Street Plan; 2) the submission of a complete grading plan for the site; 3) elevating all building improvements located in the floodplain to a minimum floor elevation of 313.0 feet. Water Works reports that the Fire Department needs to evaluate the fire protection for this project. Access off University and/or an additional fire hydrant may be required. The applicant needs to contact Water Works for the meter size and location. An acreage fee of $150 per acre applies This charge is in addition to the normal connection fee. Wastewater reports that sewer is available, and that there will be no adverse effect on the system. Arkansas Power & Light Co. will require easements. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department commented that the entrance rive arius­t�---- have a minimum width of 20 feet. Landscape review reports that the areas set aside for buffers and landscaping meet ordinance requirements. A 6' high opaque screen is required to screen the site form pa September 6, 1994 SUBDIVISION ITEM NO.: 12 Cont. FILE NO.: Z-5862 the residential properties to the east and northeast. The screen may be a wood fence, with its structural supports facing inward, or be dense evergreen planting. The location of fencing and plantings must be verified with Public Works to avoid restricting the flow of stormwater. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Public Works comment concerning the requirement for dedication of additional right-of-way along University Ave. will necessitate relocating the building and parking area. The Master Street Plan designates University Ave. as a principal arterial. Principal arterials are to have a 110 foot right-of-way. The development of the subject site will require dedication of right-of-way to provide one-half of the 110 foot requirement, or 55 feet. Presently, 45 feet has been dedicated on the east side of the University Ave. centerline. Therefore, an additional 10 feet dedication is required. This will move the building line further to the east, requiring the building and parking lot to be relocated. With the floodway line (beyond which no construction can take place or obstructions can be erected) being located just 25 feet to the west of the present location of the building, the developable area is even more restricted. (Note: The creek has been channelized in the subdivision in which the site is located, and, if requested, the Corpse of Engineers can amend the F.E.M.A. maps to show the floodway contained within the channel. The applicant, then, could have use of more of the property, since the floodway would not consume nearly 100 feet of the rear of the property.) E. ANALYSIS: The requirement to dedicate additional right-of-way for University Ave., coupled with the fact that the floodway designation takes 100 feet of the rear of the lot, leaves very little developable area on the site. Basically, the 25 feet of flood plain area, plus 15 feet between the floodplain line and the building line is the developable area. This could be remedied greatly by requesting that the Corpse of Engineers modify the flood maps to contain the floodway within the concrete channel along the rear of the property. This would allow use of a great dead 0— additional land on the lot. As it now stands, though, it is doubtful that the amount of parking proposed by the applicant can be located on the site. Also, the required opaque screen (fence), which cannot obstruct flood waters cannot be located in the floodway. 3 September 6, 1994 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-5862 Hendrix St. is a residential street, and access to it from University Ave. was closed. A cul-de-sac was provided as a turn -around for the residential traffic in the residential subdivision, and no access was permitted to University Ave. The Public Works requirement that parking for the proposed Pro -Life Center be taken from University Ave. should mean that access from the site to Hendrix St. should be restricted. A "no access" easement and, if necessary, barricades should be provided to assure that traffic does not take a "short-cut" from the site to Hendrix St. The site, as presented, will require substantial re -design. The building and parking will have to be moved further to the east, and planned improvements (a drainage swale and required screening) will have to be removed from the floodway; or, alternatively, the Corpse of Engineers will have to be requested to re -designate the floodway limits. Since there are substantial changes which will be needed, and since staff has reviewed any proposed changes, a recommendation for approval cannot be made at this time. F. STAFF RECOMMENDATIONS: Staff recommends deferral of the site plan review, pending submission of a revised site plan which conforms to the various requirements for dedication of required right-of- way; placement of the building, parking, buffers, and landscaping; and, elimination of structures and obstructions in the floodway. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) The Reverend Mr. Keller was present. Staff reviewed the plan with the Committee members. The Public Works staff reviewed with Rev. Keller the civil engineering requirements noted in the discussion outline, including the requirement to shift the parking lot so that no part of it is in the floodway; to shift the drive so that the access to the parking is from University Ave., not Hendrix St.; and to eliminate the drainage Swale which is shown to be cut into the floodway. Staff outlined the landscaping and buffer re�anement_%,_ end tbe�ubl_ic Tni�rrks staff cautioned the applicant about placing any fencing or any of the buffer requirements in the floodway or floodplain. The Committee clarified with Mr. Keller that he had reviewed and understood the comments contained in the discussion outline, then forwarded the application to the Commission for the hearing, 4 September 6, 1994 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-5862 PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff reported that there are substantive issues to be resolved regarding placement of the building, the drive, parking, landscaping, fencing, etc. Rev. Keller, the applicant, has, staff reported, asked verbally that the item be deferred in order for him to have additional time to address staff concerns and the deficiencies noted in the agenda write-up, but had not provided a written request. Rev. Keller, staff related, was present to make the request to the Commission. Rev. Keller, addressing the Planning Commission, stated that he needed a deferral until the November 29, 1994 hearing in order to revise his site plan. The item was included on the consent agenda for deferral, and the deferral until November 29, 1994 was approved with the vote of 10 ayes, 0 nays, 0 absent, 0 abstentions, and 1 open position. 5 September 6, 1994 ITEM NO.: 13 FILE NO.: Z -5365-B NAME: Geyer Springs First Baptist Church - Amended Conditional Use Permit LOCATION: 12400 Interstate 30 OWNER/APPLICANT: Geyer Springs First Baptist Church by Tom Brock PROPOSAL: The applicant requests an amendment to the church's previously approved conditional use permit to allow for the placement of four portable classroom buildings on this R-2 zoned property. The use of the 24 foot by 56 foot buildings is requested for a period not to exceed three years or until permanent facilities are constructed, whichever comes first. ORDINANCE DESIGN STANDARDS: 1. Site Location The church is located on the north side of Interstate 30, across from the Jacuzzi Plant. 2. Compatibility with Neighborhood The church property consists of approximately 165 acres, of which, only about 26 acres are buildable due to the remainder of the land being located in the floodplain. Less than 5 acres are developed. This developed property fronts directly onto the I-30 frontage road with the remaining 160± separating the church site from all adjoining property. The placement of the portable classroom buildings will have no effect on the surrounding properties. The buildings are located over 500 feet from the nearest property line. 3. On -Site Drives and Parking No additional driveways number of parking spaces standards. 4. Screening and Buffers or parking spaces are proposed. The on site currently exceeds ordinance No additional screening or buffering is required. September 6, 1994 SUBDIVISION ITEM NO.: 13 (Continued) FILE NO.: Z -5365-B 5. City Engineer Comments These detention requirements and floodplain requirements were not satisfied under permits #90078 and 91034. 1. Provide $3,000 In -Lieu for deferred construction of detention pond. 2. Provide floodway easement as per zoning case Z -5365-A. These items are 3 years delinquent and should be provided before proceeding with approval of C.U.P. No additional requirements. 6. Utility Comments No comments 7. Analysis In February 1991, the Planning Commission approved a conditional use permit allowing for the construction of a church on this property. Since that time, the church has experienced growth and needs additional Sunday School classroom space. The proposed portable buildings would be a temporary measure to accommodate the needed classrooms until a permanent structure is built. Staff is supportive of the request. 8. Staff Recommendation Staff recommends approval of these portable buildings for a period not to exceed three years or until permanent facilities are constructed, whichever comes first, subject to the buildings being placed on the property in compliance with all applicable building codes. Staff would also recommend that no permits be issued for the placement of these buildings until the requirements noted in the City Engineer Comments are satisfied. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) The applicant was not present. After a brief discussion, the Committee determined that it was appropriate to require conformance with the City Engineer Comments prior to issuing a permit for the placement of the portable buildings on the property. 2 September 6, 1994 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z -5365-B The Committee determined that there were no other issues and forwarded the item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, Tom Brock, was present. There were no objectors present. Staff presented the item and informed the Commission that a meeting had been held between the applicant, the Public Works Department, the City Manager's Office and the Planning Staff. As a result of that meeting, the following agreement had been reached. With regard to outstanding detention requirements, it has been determined that the "in -lieu contribution" of $3,000 will not be required to be paid prior to approval of the CUP. However, Geyer Springs Baptist Church agrees to construct such detention as is necessary to serve the entire development (phase 1 and phase 2) as a part of phase 2 improvements. It is further understood that if Geyer Springs Baptist Church does not proceed with phase 2 development within five years (or prior to September 9, 1999) the Church will satisfy phase 1 detention requirements through construction of detention facilities for increased stormwater runoff, or through other means acceptable to the City Engineer. With regard to outstanding dedication of floodway property to the City, it has been determined that a floodway easement will be acceptable to the City, as opposed to dedication. Geyer Springs Baptist Church will instruct their Engineer of Record to draft the necessary easement documents describing such easement, in a form and manner acceptable to the City Engineer, and to complete such transaction within sixty days of this date (prior to November 7, 1994). Staff recommended approval of the application, subject to compliance with the above agreement. The use of these portable buildings is to be for a period not to exceed 3 years or until permanent facilities are constructed, whichever comes first. As part of the Consent Agenda, the item was approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 open position. 3 September 6, 1994 ITEM NO.: 14 FILE NO.: Z -5828-B NAME: Pilgrim Rest Baptist Church - Conditional Use Permit LOCATION: 5100 Frazier Pike OWNER/APPLICANT: Pilgrim Rest Missionary Baptist Church by Virgil Dexter Doyne PROPOSAL: The applicant requests a conditional use permit to allow for the construction of a new 200 seat sanctuary on this R-2 zoned property. This will be a revision of a plan approved by the Planning Commission on May 17, 1994. Variances are requested to allow use of a gravel parking lot for three years and a reduced rear yard setback of 11 feet (25 feet required). ORDINANCE DESIGN STANDARDS: 1. Site Location The church is located on the south side of Frazier Pike, just west of Stout Street in the College Station Community. 2. Compatibility with Neighborhood The adjacent neighborhood is zoned R-2 and AF and is occupied almost exclusively by smaller single family homes. There are a few other nonresidential uses in the immediate vicinity including two other small churches, an elementary school and a construction company. Pilgrim Rest Baptist Church has existed in the neighborhood for many years. This proposed addition will not affect the church's continued compatibility with the neighborhood. 3 -.fin -Site---Dr4 v-es—and—Park i g The proposed sanctuary will have seating for 200 persons requiring 50 on-site parking spaces. This is the same seating capacity as the existing sanctuary. 46 parking spaces exist on-site presently. Some of these will be lost when the new building is constructed. The applicant has proposed adding additional parking on the property directly south of the building. A variance from the paving requirement for this new parking lot for a period of three years is requested. September 6, 1994 SUBDIVISION ITEM NO.: 14 (Continued) FILE NO.: Z -5828-B 4. Screening and Buffers A landscaping upgrade toward compliance with the landscape ordinance equal to the building expansion proposed (82%) will be required or a waiver by the City Beautiful Commission obtained. The landscape ordinance requires a 6 foot wide landscape strip separating the on site vehicular use area from adjacent properties and rights-of-way, 6% of the interior of the vehicular use area be landscaped and a 3 foot wide building landscape area between the public parking area and building. In addition to the trees and shrubs required within landscaped areas, curb and gutter or another approved border to protect plants from vehicular traffic will be required. The zoning ordinance calls for a 6 foot high opaque screen of the adjacent residential areas. 5. City Engineer Comments Provide stormwater detention calculation. Dedicate right- of-way to 45 feet from centerline on Frazier Pike and construct half of minor arterial standard street improvements. Dedicate right-of-way to 25 feet from centerline on Avant Street and construct half of residential standard street improvements. According to Ordinance #16,577, this site can have only one access point or drive off of Frazier Pike. 6. Utility Comments Little Rock Wastewater Utility reports a sewer main extension is required with easements. 7. Analysis On May 17, 1994, the Planning Commission approved a conditional use permit allowing for the addition of classroom space to the rear of this existing church. The church has since decided to construct a new sanctuary and convert the existing sanctuary into classrooms and a fellowship hall. The proposed new sanctuary will have the same seating capacity as the existing sanctuary. Additional parking will be constructed on the rear portion of the property. A variance from the paving requirement for this new parking lot is requested for a period of three years. A variance is also requested to allow a reduced rear yard setback of 11 feet (25 feet required). An unimproved 10 foot alley and a vacant lot are located behind the proposed new building. OA September 6, 1994 SUBDIVISION ITEM NO.: 14 (Continued) FILE NO.: Z -5828-B Staff is supportive of the application. 8. Staff Recommendation Staff recommends approval subject to: 1. 50 on-site parking spaces being provided. 2. Compliance with the City's Landscape and Buffer Ordinance 3. Compliance with the City Engineer and Utility Comments Staff also recommends approval of the requested variances to allow a reduced rear yard setback of 11 feet and to allow use of the gravel parking lot for a period of three years. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Austin Porter was present representing the application. Staff presented the item and noted the landscaping, City Engineer and Utility Comments outlined above. Mr. Porter stated he would pass the comments on to Mr. Doyne who would prepare a response. Bob Brown, Plans Review Specialist, advised the Committee that the occupants of the adjacent residential properties had requested that no screening fence be constructed between their properties and the church property. The Committee determined that there were no other outstanding issues and forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, Virgil Dexter Doyne, was present. There were no objectors present. Staff presented the item and informed the C_ommi-ss-i-0-n—that—a r-ev3-sed-s-ite plan had been subm-i-t— e lei cz - addressed all staff concerns. Staff reported that letters had been received from the adjacent residential property owners requesting that the screening requirement between their property and the church property be waived. The landscape requirements will still be in force. As part of the Consent Agenda, this item was approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 open position. The approval included the requested variances to allow Q September 6, 1994 SUBDIVISION ITEM NO.: 14 Continued FILE NO.: 17-5828-B a reduced rear yard setback of 11 feet and to allow use of the gravel parking lot for a period of three years. 4 September 6, 1994 ITEM NO.: 15 FILE NO.: Z-5858 NAME: LOCATION• Armstead Manufactured Home - Conditional Use Permit 1114 Apperson Street OWNER/APPLICANT: James Armstead PROPOSAL: A conditional use permit is requested to allow for the placement of a 28 foot by 60 foot multisectional manufactured home on this R-3 zoned lot. ORDINANCE DESIGN STANDARDS: 1. Site Location The property is located on the west side of Apperson Street, near Adams Field. 2. Compatibility with Neiuhborhood This property is located at the edge of a small residential neighborhood adjacent to a large area of industrial uses and the Adams Field complex. The residential neighborhood is comprised mainly of small, older single-family residences with a scattering of non-residential uses and vacant lots. The proposed multisectional manufactured residence should be compatible with the neighborhood. 3. On -Site Drives and Parkiner The applicant proposes a two -car driveway. The Ordinance requires one parking space for this single-family dwelling. 4. Screening and Buffers None required for this application. 5—Ci-t-y—Encr in.ear—C omment s No comments 6. Utility Comments No comments September 6, 1994 SUBDIVISION ITEM NO.: 15 (Continued) FILE NO.: Z-5858 7. Analysis The applicant proposes to place a 28 foot by 60 foot; multisectional manufactured home on this R-3 zoned lot. With adherence to the Ordinance established area regulations/siting standards, the proposed use should be compatible with the neighborhood. 8. Staff Recommendation Staff recommends approval, subject to compliance with the Ordinance established area regulations/siting standards as follow: 1. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. 2. Removal of all transport elements. 3. Permanent foundation 4. Exterior wall finished so as to be compatible with the neighborhood. 5. Orientation compatible with placement of adjacent structures 6. Underpinning with permanent materials 7. All homes shall be multisectional. 8. Off-street parking per single-family dwelling standard SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) The applicant was not present. Staff presented the item and noted that the applicant had agreed to comply with all Ordinance requirements. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that there were no outstanding issues. K September 6, 1994 SUBDIVISION ITEM NO.: 15 (Continued) FILE NO • Z-5858 As part of the Consent Agenda, the item was approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 open position. 3 September 6, 1994 ITEM NO.: 16 FILE NO.: Z-5860 NAME• LOCATION• OWNER/APPLICANT: Bread of Heaven Church - Conditional Use Permit West 41st and Holt Streets (NE corner) Bread of Heaven Church by Damon Hill, Pastor PROPOSAL: A conditional use permit is requested to allow for the construction of a church on this R-2 zoned property. variances are requested to allow a reduced rear yard setback and a reduction in the number of required on-site parking spaces. ORDINANCE DESIGN STANDARDS: 1. Site Location The proposed church site is located at the northeast corner of West 41st and Holt Streets, in the John Barrow neighborhood. 2. Compatibility with Neighborhood This property is located on the western edge of the John Barrow neighborhood, a large, predominately single-family residential neighborhood. Uses in the immediate vicinity include single-family homes, vacant lots and Kiwanis Park which is located across Holt Street to the west. Although there are some design problems with this particular site plan, the proposed use of the property as a small, neighborhood church should be compatible with the neighborhood. 3. On -Site Drives and Parking The proposed sanctuary will seat 200 persons, requiring 50 on-site parking spaces. The site plan as submitted shows only 26 spaces, with no room for additional spaces. The parking lot and driveway design does not comply with ordinance standards and must be reworked. 4. Screening and Buffers Compliance with the City's Landscape and Buffer Ordinances is required. The plan submitted has not provided for the September 6, 1994 SUBDIVISION ITEM NO.: 16 (Continued) FILE NO.: Z-5860 7 foot wide northern land use buffer and street buffer required. A 6 foot high opaque screen is required along the north perimeter. 6% of the interior of the vehicular use must be landscaped. 5. City Engineer Comments Close the 41st right-of-way. If 41st Street is not abandoned, the applicant must dedicate right-of-way to 25 feet from centerline and construct half of residential standard street improvements. Compliance with the Stormwater Detention Ordinance is required. Dedicate right-of-way to 25 feet from centerline on Holt Street and construct half of residential standard street improvements. 6. Utility Comments water Works reports an acreage charge of $150 per acre applies in addition to the normal connection fee. 7. Analysis The applicant requests a conditional use permit to allow for the construction of a church on these three R-2 zoned lots. The site plan submitted with this application is deficient in many areas, especially in parking lot design and landscape/buffer design. This may be the result of an over ambitious design resulting in overbuilding the property. Although basically supportive of the proposal to construct a church on this site, staff feels that the applicant needs to completely redesign the site plan, perhaps based on a sanctuary with a seating capacity of 100 rather than 200. In addition to the concerns noted above, information on such things as parking lot lighting and signage is needed. 8. Staff Recommendation Again, staff is basically supportive of the concept of placing a church in this location but cannot support this application based on the site plan submitted. Staff would recommend that the application be deferred to allow time for the site plan to be scaled down and redrawn. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) The applicant, Damon Hill, was present. Staff presented the item and noted the many design deficiencies in the site plan. After discussion, the Committee agreed that the site plan needed redesigned and a deferral might be in order. N September 6, 1994 SUBDIVISION ITEM NO.: 16 (Continued) FILE NO.: Z-5860 Staff met with Mr. Hill after the meeting and he agreed to scale down the project and redesign the site plan. Mr. Hill indicated that he might have the new site plan ready in time to be considered by the Planning Commission at its September 6, 1994 meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, Damon Hill, was present. There were no objectors present. Staff presented the item and informed the Commission that the applicant had submitted a revised site plan which reduces the proposed seating to 100 persons, provides 22 on-site parking spaces, provides the required landscape and buffer areas, and addressed all other staff concerns. The applicant will pursue abandonment of the West 41st Street right-of-way or will request a waiver of street improvements to West 41st Street. Staff recommended approval subject to compliance with the City Engineer and Utility comments and compliance with the City's Landscape and Buffer Ordinances. As part of the Consent Agenda, the item was approved by a vote of 10 ayes, 0 noes and 1 open position. K September 6, 1994 ITEM NO.: 17 FILE NO.: Z-5863 NAME: LOCATION• Holy Temple Church of God in Christ - Conditional Use Permit 1322 South Pulaski Street OWNER/APPLICANT: Holy Temple Church of God in Christ by Raymond Branton PROPOSAL: A conditional use permit is requested to allow for the expansion of this existing church and the construction of a new parking lot on this R-3 zoned property. variances are requested to allow a reduced rear yard of 11 feet (25 feet required) and a reduced front yard of 23 feet (25 required). The proposed building will be approximately 45 feet tall, with no steeple or bell tower. ORDINANCE DESIGN STANDARDS: 1. Site Location The site is located on the west side of Pulaski Street, between West 13th and West 14th Streets. 2. Compatibility with Neighborhood A church has existed at this location since the 1920's. The current building has been in place since 1941. A large area of single family and duplex zoning extends north, west and south of the church. The property adjacent to the west of the proposed church site is zoned C-3 and occupied by various commercial uses. An area of commercial zoning extends along West 14th Street, south of the church site. Other institutional uses in the area include several other churches and a YMCA. The Philander Smith College campus is located four blocks east of this site. The proposed expansion should be compatible with the neighborhood. September 6, 1994 SUBDIVISION ITEM NO.: 17 (Continued) FILE NO.: Z-5863 3. 4. 5. On -Site Drives and Parking The church currently has a seating capacity of 200 persons and no on-site parking other than on a small gravel covered lot next to the building. The proposed new sanctuary will seat 340 person, requiring 85 parking spaces. Taking the difference between the proposed seating capacity of the new sanctuary and the seating capacity of the nonconforming sanctuary gives 140 seats, requiring 35 on-site parking spaces. The church proposes to construct a new parking lot with 34 parking spaces. Screening and Buffers Compliance with the City's Landscape and Buffer Ordinances is required. A 6 foot high opaque screen is required to screen these sites from the adjacent residential uses. 6% of the interior of the vehicular use area must be landscaped. City Engineer Comments Submit stormwater detention plans, drainage plans. Construct handicap corners and reconstruct any damaged gutters. 6. Utility Comments No comments 7. Analysis a sketch grading and ramps at all four sidewalks, curb and The applicant requests a conditional use permit to allow for the construction of a new 340 seat sanctuary and a 34 space parking lot on this R-3 zoned property. A church has existed at this site since the 1920's and the current building was constructed in 1941. The site currently has no off-street parking other than on a small gravel area next to the church. The new sanctuary represents an increase in seating of 140 persons over the existing sanctuary. The applicant proposes to construct 34 on-site parking spaces which would accommodate the increased seating capacity. A church has been a fixture at this location since the 1920's and the proposed expansion will not affect its continued compatibility with the neighborhood. The proposed 23 foot front yard setback is no issue and the impact of the proposed 11 foot rear yard setback will be reduced by the fact that a 10 foot alley right-of-way is located to the rear of the property. 2 September 6, 1994 SUBDIVISION ITEM NO.: 17 (Continued) FILE NO.: Z-5863 8. Staff Recommendation Staff recommends approval subject to compliance with the City's Landscape and Buffer Ordinances and compliance with the City Engineer Comments. Staff also recommends approval of the requested setback and height variances. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Reba Johnson-Cargile was present representing the applicant. Staff presented the item and noted the requested variances. It was pointed out that the church was currently nonconforming regarding on-site parking and that the proposed parking lot would accommodate the increase in seating capacity of the new sanctuary. A discussion then followed concerning the design of the parking lot. It was determined that the design of the parking lot was adequate but that additional interior landscaping was needed. The applicant was advised to provide details of any proposed parking lot lighting and signage. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that a revised site plan had been submitted which addressed all staff concerns. No additional signage is proposed. As part of the Consent Agenda, the item was approved subject to compliance with the City's Landscape and Buffer Ordinances and compliance with the City Engineer Comments. The requested setback and height variances were also approved. The vote was 10 ayes, 0 noes and 1 open position. 3 September 6, 1994 ITEM NO.: 18 FILE NO.: Z-5865 NAME: Cellular One Tower - Adams Field Site - Conditional Use Permit LOCATION: Kellett Road and Cooper Road (SW) OWNER/APPLICANT: Cellular One by John Flake PROPOSAL: A conditional use permit is requested to allow for the construction of a 150 foot tall mono -pole cellular tower on this R-2 zoned site. NOTE TO PLANNING COMMISSION: This application has been withdrawn by the applicant. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Staff informed the Commission that the applicant had requested that this item be withdrawn. As part of the Consent Agenda, the item was approved for withdrawal. The vote was 10 ayes, 0 noes and 1 open position. September 6, 1994 ITEM NO.: 19 FILE NO • Z-5865 NAME• LOCATION: Cellular One Tower - Cloverdale Cell Site - Conditional Use Permit Loretto Lane (west side) OWNER/APPLICANT: Cellular One by John Flake PROPOSAL: A conditional use permit is requested to allow for the construction of a 250 foot tall cellular tower on this R-2 zoned property. The ordinance maximum height for ground mounted towers is 75 feet. ORDINANCE DESIGN STANDARDS: 1. Site Location The proposed tower site is located on the west wide of Loretto Lane, north of Mabelvale Pike. 2. Compatibility with Neighborhood The proposed tower site is located in a heavily wooded, undeveloped area. One single family home is located southeast of this site, across Loretto Lane. Hindman Park and the Fourche Creek floodway are located directly north of this site. The proposed tower's location in an undeveloped, heavily wooded area limits its impact on the surrounding properties. The tower will, however, rise above the property to a height of 250 feet, making it visible for some distance. 3. On -Site Drives and Parking The applicant proposes a_ -grave] --parking ur£ace__around—the - -- base of the tower. No on site parking is required, only a place for a service technician to access the site. 4. Screening and Buffers No residential uses are adjacent to this site. No additional screening or buffers are required. September 6, 1994 SUBDIVISION ITEM NO.: 19 (Continued) FILE NO.: Z-5865 The barbed wire extensions mounted on top of the chain link fence must not extend beyond the vertical plan of the fence or the fence must be moved back further within the property lines. 5. City Enaineer Comments This property is located in the floodplain. Contact the Public Works Department regarding construction in this area. A development permit for special flood hazard areas may be required. Dedicate right-of-way to 25 feet from centerline on Loretto Lane. 6. Utility Comments No comments 7. Analysis The applicant requests a conditional use permit to allow for the construction of a 250 foot tall tower on this R-2 zoned site. The proposed tower site is located in an undeveloped, heavily wooded area, adjacent to the Fourche Creek floodway and Hindman Park. The tower will have a minimal impact on adjacent properties but will have a visual impact for some distance around the site due to its height. 8. Staff Recommendation Staff recommends approval subject to: 1. Compliance with the City Engineer Comments 2. All guide wires being located within the boundary of the tower site. 3. The barbed wire extensions mounted on top of the chain link fence not extending beyond the vertical plan of the fence or the fence being moved back further within the site property lines. Pa September 6, 1994 SUBDIVISION ITEM NO.: 19 (Continued) FILE NO.: Z-5865 SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) The applicant was not present. Staff presented the item. A brief discussion then followed, after which the Committee determined there were no outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, John Flake, was present. There were no objectors present. Staff presented the item and informed the Commission that the applicant had responded to all staff concerns. The tower is self-supporting and will have no guy wires. The barbed wire extensions on top of the perimeter fence will not extend beyond the vertical plane of the fence. In response to a question by Commissioner Wyrick, Mr. Flake gave a brief description of the proposed tower. A discussion then followed concerning the land uses in the immediate vicinity. The question was called and a vote was taken. The item was approved as recommended by staff. The vote was 8 ayes, 1 noe, 1 absent and 1 open position. 3 September 6, 1994 ITEM NO.: 20 FILE NO.: Z-5867 NAME• LOCATION• Cox Manufactured Home - Conditional Use Permit 8101 Mabelvale Cutoff OWNER/APPLICANT: Roy and Marie Cox by Maribeth Crawley PROPOSAL: A conditional use permit is requested to allow for the placement of a 28 foot by 54 foot multisectional manufactured home on this R-2 zoned lot. ORDINANCE DESIGN STANDARDS: 1. Site Location The site is located on the south side of Mabelvale Cutoff, one lot east of Legion Hut Road. 2. Compatibility with Neighborhood This property is located in a predominately single family residential area. The single family homes range from several single -wide mobile homes to large homes on rural tracts of land. A newer multisectional home is located on the lot directly east of this site. With adherence to the ordinance established siting standards, this proposed home should be compatible with the neighborhood. 3. On -Site Drives and Parking One parking space is required. The applicant proposes to construct a two -car concrete driveway, taking access off of Mabelvale Cutoff. 4. Screening and Buffers None required for this application. 5. City Engineer Comments No comments September 6, 1994 SUBDIVISION ITEM NO • 20 (Continued) FILE NO.: Z-5867 6. Utility Comments No comments 7. Analysis The applicant requests a conditional use permit to allow the placement of a 28 foot by 54 foot, multisectional manufactured home on this R-2 zoned lot. With adherence to the Ordinance siting standards, the proposed home will be compatible with the neighborhood. 8. Staff Recommendation Staff recommends approval subject to compliance with the ordinance established area regulations/siting standards as follow: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. C. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) presented the item. The Committee determined there were no outstanding issues and forwarded the item to the full Commission for final resolution. 2 September 6, 1994 SUBDIVISION ITEM NO.: 20 (Continued) FILE NO.: Z-5867 PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Maribeth Crawley was present representing the applicant. There were no objectors present. Staff presented the item and informed the Commission that there were no outstanding issues. As part of the Consent Agenda, the item was approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 open position. 7 September 6, 1994 ITEM NO.: 21 FILE NO.: Z-5868 NAME• Archild Center for Children - Conditional Use Permit and Tyler Street Right -of -Way Abandonment LOCATION: 5309, 5313, 5317, 5323, 5401 and 5405 West 10th Street. Archild is currently located in several buildings on the north side of West 10th Street from 5300 to 5312 West 10th Street. OWNER/APPLICANT• Archild, Inc. by Dolly Moseley, Ph.D. PROPOSAL: A conditional use permit is requested to allow for the expansion of the existing day-care center located in the 5300 Block of West 10th Street. The applicant requests the use of several small, R-3 zoned, residential structures on the south side of West 10th Street, in the 5300 and 5400 Block, on a temporary basis until a new, permanent building is constructed. The abandonment of a portion of the undeveloped Tyler Street right-of- way is also proposed. ORDINANCE DESIGN STANDARDS: 1. Site Location The existing day care center and the structures proposed for the expansion are located in the 5300 and 5400 Block of West 10th Street, to the east of Fair Park Blvd. 2. Compatibility with Neighborhood Archild has been in operation since 1971. The existing facility is compatible with the neighborhood which contains uses ranging from single-family homes to convenience stores and a hotel. It is questionable as to whether the proposed expansion into these several buildings on the south side of West 10th Street would be compatible. An expansion of this magnitude, scattered along two blocks of West 10th Street, would have an impact far greater than the current day care now does. September 6, 1994 SUBDIVISION ITEM NO.: 21 (Continued) FILE NO.: Z-5868 The abandonment of Tyler Street, which is platted but has never been improved, would have no impact on the neighborhood. 3. On -Site Drives and Parking The existing facility currently has several parking areas which do not comply with ordinance standards. The area of the Tyler Street right-of-way is also used as a gravel parking lot. No additional parking areas are proposed with this application. The incorporation of six additional buildings into the day care center requires the construction of adequate parking and areas for drop-off/pickup. 4. Screening and Buffers Any new use areas such as playground and parking must comply with the City's Landscape and Buffer Ordinances. 5. City Engineer Comments Dedicate 5 feet additional right-of-way on West 10th Street. Approval of the Tyler Street abandonment is recommended. 6. Utility Comments Southwestern Bell Telephone requires a 10 foot easement along the southern perimeter of the properties south of West 10th Street. 7. Analysis The applicant proposes to expand the day care center from the existing facility on the north side of West 10th Street into several residential structures located along the south side of the 5300 and 5400 Block of the street. The applicant indicates this is only a temporary situation until such time as a new permanent facility is constructed on property north of West 10th Street. Even thouah_the _r)roposed use of these several structures- temporary, staff feels that the issue is more complex and involved than a typical conditional use permit. Issues such as parking, drop-off/pickup spaces, circulation and the question of expanding this use into this many structures scattered along two blocks need to be addressed. Staff feels that the scope of this application exceeds the intent of the conditional use permit process. K September 6, 1994 SUBDIVISION ITEM NO • 21 (Continued) FILE NO.: Z-5.86.8 8. Staff Recommendation Staff recommends that this application be withdrawn and refiled as a planned unit development with a complete redesign of the site plan. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Dr. Mosely was present. Staff presented the item and voiced concern about the scope of the proposal and the complexity of involving this many properties without a better, overall site plan. Dr. Mosely stated that the use was temporary. She stated that the increased enrollment at the center created an immediate need for some temporary relief. Dr. Mosely continued by stating that 60% of the funding for the new, permanent building was complete. After a lengthy discussion, Dr. Mosely was asked if she could scale down her proposal to include only two of the buildings on the south side of the street for a period of up to five years. Dr. Mosely responded that she would accept whatever relief the Commission could give her. She stated that she would amend her application to include only 5401 and 5405 West 10th Street for a period of 5 years or until the new building is complete, whichever comes first. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, Dr. Mosely, was present. There were no objectors present. Staff informed the Commission that Dr. Mosely had responded to suggestions raised at the Subdivision Committee meeting by amending her application to include only 5317 and 5401 West 10th Street for a period of 5 years, or until the new building is complete, whichever comes first. The new building will require additional review and approval from the Planning Commission. Staff stated that the Tyler Street abandonment had been pulled and will be refiled by the applicant. Staff recommended approval of the amended application. As part of the Consent Agenda, the item was approved as amended. The vote was 10 ayes, 0 noes and 1 open position. 3 September 6, 1994 ITEM NO.: 22 FILE NO.: Z-5869 NAME: Coulson Oil - Conditional Use Permit LOCATION: Chenal Parkway and West Markham Street (SE) OWNER/APPLICANT: Roman Catholic Diocese of Little Rock/Coulson Oil Company by Robert Brown PROPOSAL: A conditional use permit is requested to allow for the construction of an automatic car wash associated with a commercial development to be located on this C-3 zoned 1.75± acre site. This item is associated with Item No. 2, Ashley -Hankins Subdivision Preliminary Plat (S -1004-A). ORDINANCE DESIGN STANDARDS: 1. Site Location The proposed site is located at the southeast corner of Chenal Parkway and West Markham Street. 2. Comnatibility with Neighborhood This property is located in a commercial node at the intersection of Chenal Parkway and West Markham Street, and is part of a proposed commercial subdivision. All adjoining property is zoned C-3 and is currently vacant. The proposed use is compatible with the surrounding properties. 3. On -Site Drives and Parking The_pro�Qs_�d c_ar wssh_is�,�so�iated with a ccn�pn;QnCe stare with gas pumps that is part of a small strip shopping center proposed for this site. The site plan proposes 45 on-site parking spaces plus stacking space for 12 vehicles at the pump islands. The proposed parking exceeds ordinance requirements. September 6, 1994 SUBDIVISION ITEM NO.: 22 (Continued) FILE NO.: Z-5869 4. Screening and Buffers Compliance with the City's Landscape and Buffer Ordinances is required. 5. Chenal/Financial Center Parkway Design Overlay District Compliance with the site design and development standards is required as follows: 1. Signage -- Signage shall comply with the Little Rock Sign Ordinance, except for ground mounted signs. The maximum size of principal site signs along Chenal/Financial Center Parkway shall be one hundred (100) square feet in area and eight (8) feet in height. Each landowner will be permitted to erect one (1) sign per parcel, except for parcels fronting on two different streets upon which one (1) sign per street frontage may be erected. The signs will be "monument" type signs. 2. Lighting and Utilities -- Parking lot lighting shall be designed and located in such a manner so as not to disturb the scenic appearance of the corridor. Lighting will be directed to the parking areas and not reflected to adjacent parcels. All lighting and other utilities on lots adjacent to Chenal/Financial Center Parkway which are located in front of the rear line of the building, or in front of the rear line of the building if such lighting and utilities were constructed prior to building construction, shall be underground. Notwithstanding the foregoing limitation, no overhead utilities shall be constructed within one hundred (100) feet of the Chenal/Financial Center Parkway right-of-way. The proposed ground -mounted sign fronting on West Markham Street does not comply with these standards. A variance from the standards can only be granted by the Board of Directors. A complete grading and drainage plan along with P.E. plans detailing routing of stormwater runoff to include stormwater detention will be required prior to issuance of building permits. The U.S. Army Corp of Engineers shall be notified prior to completion of the grading and drainage plans. 0►1 September 6, 1994 SUBDIVISION ITEM NO.: 22 (Continued) FILE NO.: Z-5869 Interior drives lying parallel to and less than seventy-five feet from a public street curb line shall not cross an access driveway, so as to create a four-way intersection (note driveway at northeast corner). The driveway will not be permitted to continue across the access driveway to intersect with the lot to the east. 7. Utility Comments Southwestern Bell Telephone requires a 5 foot easement along the east perimeter. 20 -inch water main crossing this property will need to be protected. Contact the Water Works for approval of any construction in the area of this main. No domestic service will be available directly off the 20 -inch water main. The Little Rock Fire Department needs to review the plans for this area to determine the need for additional public and/or private fire hydrants. 8. Analysis The applicant proposes to construct an automatic car wash as part of a proposed commercial development containing a convenience store with gas pumps. The other uses proposed for the site are permitted by -right in the C-3 zoning classification but the car wash requires a conditional use permit. The lot is part of a commercial subdivision proposed for development at the corner of Chenal Parkway and West Markham Street. The proposed use is compatible with the C-3 zoned, commercial subdivision proposed for development at this corner. 9. Staff Recommendation Staff recommends approval subject to: 1. Compliance with the site design and development standards of the Chenal/Financial Center Parkway Design Overlay District 2. Compliance with the City's Landscape and Buffer Ordinance 3. Compliance with the City Engineer and Utility Comments 3 September 6, 1994 SUBDIVISION ITEM NO.: 22 (Continued) FILE NO.: Z-5869 SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Robert Brown was present. Staff presented the item and noted the comments outlined above. Mr. Brown stated that it was his intent to request a variance from the Board of Directors regarding the ground -mounted sign which exceeds the overlay standards. Bob Brown, Plans Review Specialist, stated that the proposed landscaping areas exceeded the ordinance minimums. After a brief discussion, the Committee determined that there were no other outstanding issues and forwarded the item to the full commission. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, Robert Brown, was present. There were no objectors present. Staff presented the item and informed the Commission that there were no outstanding issues other than the one ground -mounted sign on the Markham Street frontage. The applicant will go to the Board of Directors to request approval of this sign which exceeds the Chenal Overlay Standards. In response to a question from Commissioner Oleson, Mr. Brown described the car wash location in relation to adjoining properties. He also described the proposed signage for the site. Mr. Brown stated that the sign on the Chenal Parkway frontage will comply with the overlay standards. He continued by stating that the second ground -mounted sign is more than 300 feet from the Chenal Parkway right-of-way and that he will ask the Board of Directors to approve this second sign. After a brief discussion, a motion was made to approve the C.U.P. application as recommended by staff. The vote was 10 ayes, 0 noes and 1 open position. A separate vote was taken on a recommendation to the Board of Directors concerning the ground -mounted sign which exceeds the position. The motion to recommend approval failed. rN September 6, 1994 ITEM NO.: 23 FILE NO.: Z-5871 NAME: LOCATION• Safelite Auto Glass - Conditional Use Permit 1306 South University Avenue OWNER/APPLICANT: B -B Oil Company/Bob Thomas, Embree Construction Group, Inc. PROPOSAL: A conditional use permit is requested to allow for the construction of a retail auto glass sales and installation business with an attached warehouse on this C-3 zoned property. A variance is requested to allow a portion of the proposed building to have a reduced rear yard setback of 15 feet; a setback of 25 feet is required. ORDINANCE DESIGN STANDARDS: 1. Site Location The property is located on the west side of South University Avenue, 1 block south of West 12th Street. 2. Compatibility with Neighborhood The proposed site is located in an area of commercial and office zoning which extends along both sides of South University Avenue. Uses in the immediate vicinity include strip shopping centers, auto repair facilities, a church and a large area of vacant office property. The proposed auto glass business is compatible with the surrounding neighborhood. 3. On -Site Drives and Parking The proposed use requires 21 on-site parking spaces. The site plan shows 22 spaces plus two service bay spaces. 4. Screening and Buffers Compliance with the City's Landscape and Buffer Ordinances is required. The dumpster must be enclosed with an 8 foot tall opaque screen. 60 of the interior of the vehicular use area must be set aside for landscaping. September 6, 1994 SUBDIVISION ITEM NO.: 23 (Continued) FILE NO.: Z-5871 5. City Engineer Comments Provide dedication deed for additional right-of-way to total 55 feet from centerline along with a sketch grading and drainage plan prior to approval. A stormwater detention plan and an excavation permit will be required prior to issuance of a building permit. 6. Utility Comments No comments 7. Analysis The applicant requests a conditional use permit to allow for the construction of an auto glass sales and installation business with an attached warehouse on this C-3 zoned property. The auto glass business is compatible with other uses in the area and is appropriate for this location along a principal arterial street. The requested rear yard setback is reasonable considering the shallow depth of the lot. There will be no activity at the rear of the building and no exits other than an emergency exit if required by Building Codes. There are currently two off -premise billboard signs located on the south end of the property. The applicant must decide the status of these signs and reflect it on the site plan. The only real issue of concern which has risen during the review of this application is the proposed warehouse area. 79% of the building is proposed to be warehouse space. If the warehouse is to stock materials for this specific site, the use is allowed. If it is the applicant's intent to use the warehouse as a distribution point to supply other dealers, the use is not allowed. Subsequent conversations with the applicant have indicated that the warehouse will stock only the large numbers of windshields and sunroofs necessary for this site. He did r�taeha an Q�CasiQnal windshield may be wholesaled to another dealer. 8. Staff Recommendation Staff recommends approval subject to: 1. Compliance with the City's Landscape and Buffer Ordinances V, September 6, 1994 SUBDIVISION ITEM NO.: 23 (Continued) FILE NO.: Z-5871 2. Compliance with the City Engineer Comments 3. The warehouse portion of the building being used to stock those retail items necessary for the auto glass business at this location. The warehouse is not to be used to distribute or wholesale items to other dealers or to other Safelite locations. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Bob Thomas and Mark Carl of Safelite were present. Staff presented the item and outlined the concerns noted above. A lengthy discussion followed concerning the warehouse portion of the building. It was never fully resolved at this meeting as to just exactly how the warehouse would be used. A discussion then followed concerning the requirement to dedicate additional right-of-way. It was determined that as much as 15 feet of additional right-of-way might be needed. If this is the case, a portion of the building will have a rear yard setback of 0 feet. The applicant stated that the issue of the off -premise billboards will be resolved prior to the Commission meeting. Bob Brown, Plans Review Specialist, informed the Committee that the interior landscaping was deficient and that the screening around the dumpster needed to be increased to 8 feet in height. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) Bob Thomas and Mark Carl were present representing Safelite. There were no objectors present. Staff presented the item and a recommendation of approval as noted above. Staff pointed out that a setback variance of 0 feet on a portion of the rear yard additional right-of-way for University Avenue. Staff felt that the variance request was reasonable considering the resulting shallow depth of the lot and the use of the property to the rear of the proposed Safelite site. Bob Thomas addressed the Commission. He stated that the proposed use of the site was retail with a limited amount of wholesale to 3 September 6, 1994 SUBDIVISION ITEM NO.: 23 (Continued) _ FILE NO.: Z-5871 other dealers. He stated that this use was no different than other retail uses which occasionally sell to other dealers such as a tire or auto parts store. Mr. Thomas informed the Commission that the billboards are to remain although one will be in the right-of-way once the additional 15 feet is dedicated. He concluded by stating that a revised site plan had been submitted which provided the required interior landscaping and dumpster screen. Mark Clark, real estate manager for Safelite, next addressed the Commission. He expounded on the use of the warehouse area of the proposed building. He stated that each Safelite store stocks a large inventory to service its customers and that the nature of the inventory, windshields, requires a large floor space. Mr. Clark stated that Safelite will occasionally provide windshields to subcontractors and other dealers. These sales are in increments of 1 or 2 and the warehouse is not to serve a wholesale function. After a brief discussion, it was determined that the proposed use of the property was appropriate. The occasional sale of a windshield to another installer did not violate the intent of the ordinance since the use of site is primarily retail. In response to a question from Commissioner Oleson, Steve Giles, of the City Attorney's Office, stated that the billboard could remain in the new right-of-way until such time as it was altered or University Avenue is widened. In either case the billboard will need to be moved. A motion was made to approve the application. The vote was 8 ayes, 0 noes, 1 absent, 1 abstaining (Putnam) and 1 open position. 4 September 6, 1994 ITEM NO.: 24 FILE NO.: Z-5872 NAME: LOCATION• Pankey Community Park - Conditional Use Permit Russ and Piggee Streets (NW & NE) OWNER/APPLICANT: City of Little Rock Department of Parks and Recreation PROPOSAL: A conditional use permit is requested to allow for the development of a neighborhood park on this R-2 zoned property. ORDINANCE DESIGN STANDARDS: 1. Site Location The proposed park is to be located at the intersection of Russ and Piggee Streets, in the Pankey Community. 2. _Compatibility with Neighborhood The proposed park is located in a predominately single- family residential neighborhood. The park is designed as a community park, to serve just the residents of the immediate neighborhood. The park will be compatible with the neighborhood. 3. On -Site Drives and Parking No on-site parking is proposed. The park is designed to serve those residents of the Pankey Community who live within walking distance of the site. 4. Screening and Buffers None required. 5i, City Engineer Comments Dedicate right-of-way to 25 feet from centerline on both Russ and Piggee Streets. Construct half of residential street standard improvements to both streets where abutting proposed park development. This property is located in the floodplain. September 6, 1994 SUBDIVISION ITEM NO.: 24 (Continued) FILE NO.: Z-5872 6. Utility Comments Little Rock Wastewater Utility reports a 15 inch sewer outfall is located in the vicinity. Contact Wastewater prior to construction. 7. Analysis This proposed park is the culmination of year-long meetings with the City of Little Rock, the Pankey Community residents and the Donaghey Project for Urban Studies and Design. It was the wishes of the Pankey community to have a park within walking distance of the neighborhood. This park is designed primarily as an open, free play area with basketball court, playground and picnic area. No on-site parking is proposed since the park is designed for residents of the Pankey Community to walk to it. 8. Staff Recommendation Staff recommends approval subject to compliance with the City Engineer and Utility comments. SUBDIVISION COMMITTEE COMMENT: (AUGUST 18, 1994) Mark Webre was present representing the City Parks and Recreation Department. Staff presented the item and noted the City Engineer and Utility Comments outlined above. Mr. Webre advised the Committee that it was the applicant's intention to ask the Board of Directors for a waiver of the required street improvements. The Committee determined that there were no other outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The applicant, Mark Webre, was present. There were no objectors that there were no outstanding issues. The applicant will go to the Board of Directors to request a waiver of street improvement requirements. As part of the Consent Agenda, the item was approved with a vote of 10 ayes, 0 noes and 1 open position. September 6, 1994 ITEM NO.: 25 FILE NO.: G-23-217 Name: Park Street and West 26th Street Right -of -Way Abandonment Location: Adjacent to the Arkansas Livestock Showgrounds Owner/Applicant: Arkansas Livestock Show Association Recruest: To abandon that portion of the Park Street right-of-way from Roosevelt Road to West 26th Street and that portion of West 26th Street right- of-way extending 1 1/2 Blocks west of Schiller Street. STAFF REVIEW• 1. Public Need for These Rights-of-Wav There is no public need for these rights-of-way. 2. Master Street Plan The Master Street Plan reflects no need for these rights-of-way. 3. Need for Right -of -Way on Adlacent Streets There is no need for additional right-of-way on adjacent streets. 4. Characteristics of Right -of -Way Terrain Both of the streets are asphalt paved with curb and gutter. All adjoining land is either vacant or occupied by the livestock showgrounds. 5. Development Potential Once abandoned, the right-of-way will be fenced off and inc,luded i n—the—pa-r-k i-ng�--l-ats--f-o-r t -he- f a3 r-gx-ound s 6. Neighborhood Land Use and Effect All adjacent property is vacant and used by the fairgrounds for parking. The residents of the nearest neighborhood use Schiller Street and other streets further east to access Roosevelt Road. These two rights-of-way are primarily used only by persons going and coming from the fairgrounds. September 6, 1994 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: G-23-217 7. Neighborhood Position No neighborhood position has been voiced, as of this writing. 8. Effect on Public Services or Utilities All area of the abandoned rights-of-way is to be retained as a utility and drainage easement. Access to the property can be gained through gates. There are public fire hydrants at the northwest corner of Schiller and 26th and at the southeast corner of Park and Roosevelt. These must remain outside of the fenced parking lots or relocated to an area outside of the fence at the applicant's expense. 9. Reversionary Rights All reversionary rights extend to the Arkansas Livestock Show Association. 10. Public Welfare and Safety Issues These two rights-of-way are primarily used as access to the fairgrounds and to the parking lots on the adjacent property. Abandoning the rights-of-way will allow the fairgrounds to fence off the lots and control access through gates thus providing additional, secured parking for persons attending fairground activities. STAFF RECOMMENDATION: Approval, subject to the area of the abandoned rights-of-way being retained as utility/drainage easements. The fire hydrants at Schiller and 26th and at Roosevelt and Park are to remain outside of the fenced parking lots or relocated at the applicant's expense. SUBD-Iu2-S-I-OIC-COMMI-T-T-EE-COMMENT: rAUGU5T-1-8-,1-9-9-4) Gloria Chappelle was present representing the Arkansas Livestock Show Association. Staff presented the item and noted the Utility Comments. The Committee determined that there were no outstanding issues and forwarded the item to the full Commission. 2 September 6, 1994 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: G-23-217 The applicant, Gloria Chappelle, was present. There were no objectors present. Staff presented the item and informed the Commission that there were no outstanding issues. As part of the Consent Agenda, the item was recommended for approval with a vote of 10 ayes, 0 noes and 1 open position. 3 September 6, 1994 ITEM NO.: 26 Z-5870 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Oliver Estate, Harold Thompson, Executor Harold Thompson End of Geyer Springs Road Rezone from R-2 to C-4 Vehicle Storage 0.79 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned C-3 South - Single -Family, zoned R-2 East - Single -Family, zoned R-2 West - Commercial, zoned I-2 STAFF ANALYSIS The property in question is located at the northern end of Geyer Springs Road, approximately 1,100 feet north of West 53rd Street and 250 feet east of South University. The request is to rezone the site from R-2 to C-4. At this time, the planned use is the storage of used automobiles. (The property is part of a proposed three lot plat, Item No. 4 on this agenda.) Zoning in the area is R-2, R-5, 0-1, C-1, C-3, C-4 and I-2. The site under consideration abuts R-2 on two sides and nonresidential zoning, C-3 and I-2, on the west and north sides. In the immediate vicinity, the commercial and industrial zoning is limited to properties that front on South University. North of West 53rd and to the east of the property, the zoning is primarily residential. Land use is similar to thezori �-g—pattern anti incl tidesgi n_le family, multi -family, commercial, a church and an elementary school. The commercial uses found along South University range from retail establishments to outdoor amusement, a golf driving range. East of the property there is an established single family neighborhood and the uses along this portion of Geyer Springs are residential. The adopted plan, 65th Street East, reinforces the existing zoning pattern and shows the site for continued single family use. Therefore, the proposed C-4 rezoning is in September 6, 1994 SUBDIVISION ITEM NO.: 26 Z-5870 (Cont.) conflict with the land use plan. In addition to the plan issue, the property is not a viable C-4 location. The land is somewhat removed from South University and the ordinance mentions that appropriate locations for C-4 are along heavily traveled major traffic arterials. Another issue is the property's relationship to the single family neighborhood and the possibility of a C-4 reclassification having an adverse impact on the existing residences. A C-4 rezoning of this site is inappropriate for the stated reasons and should not be endorsed by the City. LAND USE PLAN ELEMENT The project site is located within the 65th Street East Planning District and is designated as Single Family Residential (SF) on the land use plan. The proposal for C-4 zoning is not consistent with the plan. Further analysis of the area indicates that amending the plan would adversely affect the surrounding single family properties. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the C-4 rezoning request. PLANNING COMMISSION ACTION: (SEPTEMBER 6, 1994) The application was represented by Roy May and Charlie Miller, the engineer for Mr. May. There were two objectors in attendance. (Four individual objectors had filled out registration cards, but two left before the Commission heard this item.) Roy May dismissed the request and said he plans to use the property for vehicle storage. Mr. May told the Commission thai he owars--the--C-4tract—t-a-- yes rha i�for used car -- sales and he would like to extend the use onto the site in question. Mr. May said the lot was not a desirable single family location and C-4 was a reasonable option. Charlie Miller addressed the Commission and described the property and some of the surrounding land uses. 0 September 6, 1994 SUBDIVISION ITEM NO.: 26 Z-5870 (Cont.) Mitchell Black, a nearby resident, spoke against the rezoning and said it would cause problems for the neighborhood. Mr. Black said that several other residents were present, but they had to leave. Mr. Black said the proposed car storage was not a desirable use for the neighborhood. There was a long discussion about various aspects of the request. Roy May made some additional comments and then requested a vote on the C-4 rezoning. The Planning Commission then voted on the C-4 request. The vote was 0 ayes, 9 nays, 1 absent and 1 open position. The C-4 rezoning was denied. 3 • N \ Q. \ \ N. N. \ a 'bVAN19S • • 8 Q NI- N • • ®• Q • • • % • • I.6 rn t. \ \ \ Q -�. • \, 'N \ \ < (/" 'i. r v V \ "v i. \ �. 0) \\I C V SI. 'N 'N \ 'Q 'N \ N N N. '�. a.) IF11� N t \ • N. • \ \ - N. i c) \ \ N. \ N. N. N. N. \ ",A ._ L \ 'N N 'N \ N \ \ ® N N \ - N. \ \ N. N ` N. ®• \ N... N. N. WN \ - i -, \ - N. \ N \ Z Q W \nn N. N N. N.. N 'N N \ N \ O CO kA 0 \* -N. \ \ \ \ \ \ \ \ -N <0 _ _N \ \ \ '\ N. N \ \ N N 111 Mc G L d0 -, N. N. 'N ' \ \ N N O Z h ` \ \ N \ \ L N. N. N �--. Z O M1 N N \ \ i N. i N. CO CO Z 0 �� � r' \ , Y \ -.. N N ¢ QM N N. - N 44 N. N. N. NN. M 'd M M d' al-liN_ _ N N ;.; N W j��J >- � - Z z o z Z LU ZLU =O ( Z Q ¢ = J ¢ =I - W pwO F=- JZ < I-- ti, WO wZ < up 1...0 J Y m m O = m Z C!) LL! Y CO = m cW ac QmcLww m ccw 111 = ¢ W w Z Y O CC ¢ w Z Y O CL w • W CC = C!) Z O U_ < p - W CC = u5- ..±: 0 < p 7 W ?- m _j U J ¢ C!) Z �\j Y W J U J ¢ CO - Z NJ Q w J ¢ J p W O __J J ¢ J w w J mQ CD � CO � 2 � a � LU NMOSacw0Oco September 6, 1994 SUBDIVISION MINUTES There being no further business before the Commission, the meeting adjourned at 5:40 p.m. /O%V/ Date , , Aiiiigill Chairman pr -acre off, i