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pc_07 09 1985subLITTLE ROCK PLANNING COMMISSION MINUTE RECORD JULY 9, 1985 1:00 P.M. I. Roll Call and Finding of a Quorum A quorum was determined to be present being 8 in number. II. Approval of the Minutes of the Previous Meeting The minutes of the previous meeting were approved as mailed by a unanimous vote. III. Members Present: Members Absent; William Ketcher John Schlereth Bill Rector Dorothy Arnett Richard Massie John Clayton David Jones Ida Boles Betty Sipes James Summerlin Jerilyn Nicholson IV. City Attorney: Pat Benton SUMMARY OF SUBDIVISION ACTIVITIES July 9, 1985 Deferred Items: A. Whitbeck's "PCD" B. Bernard and Marzella Ray, Illegal Subdivision Request C. Rezoning from "R -2" to "C -3" D. Rezoning from unclassified to "MF -18" and "0 -3" Rock Creek Parkway, 1/4 mile east of Kanis Preliminary /Replats: 1. Cheek's Addition 2. Riverfront Addition 3. Robert's Replat 4. Ray Morrison Addition 5. River Park Apartments, Phase II 6. Corporate Hill (Z- 3689 -A) Planned Unit Development: 7. Fields "Short -Form PCD" (Z -4475) 8. Kavanaugh Place "Short -Form PCD" (Z -4473) 9. Pleasant Valley Park Retirement Center "Long -Form PRD" (Z -4482) 10. Jenkins "Short -Form PCD" (Z -4480) 11. Country Club Corporation "Short -Form PCD" Z -4479) 12. Brentwood Apartments "PRD" (Z -4453) 13. Asher Business and Commercial Center "PCD" (Z -4452) I SUMMARY OF SUBDIVISION ACTIVITIES - CONTINUED July 9, 1985 Conditional Use: 14. Commerce Street (Z- 4419 -A) 15. South University (Z- 4466 -A) 16. Unitarian Universalist Church (Z -4474) 17. Gum Springs Day -Care (Z -4476) 18. Oak Street Duplex (Z -4477) 19. Arkla Radio Tower (Z -4478) 20. Barton Street (Z -4481) Building Line Waiver: 21. Broadview Terrace - Lot 9 Other Matters: 22. Security Storage Request 23. West 20th Street Abandonment 24. Rockwood Road Street Name Change 25. Kanis /Aldersgate Final Plan Approval July 9, 1985 SUBDIVISIONS Item No. A NAME: Whitbeck - Short Form "PCD" (Z -4449) LOCATION: SE Corner of Walnut and "A" AGENT: Kim Taylor Keller - 372 -5525 DEVELOPER: ARCHITECT: Frank L. Whitbeck Ross McCain Savers Federal Bldg. Phone: 372 -5961 #1134 Little Rock, AR 72201 ENGINEER: } Phone: 372 -5512 Edward G. Smith and Associates 401 Victory Little Rock, AR 72201 Phone: 374 -1666 AREA: .13 acre NO. OF LOTS: 1 FT. NEW ST.: 0 ZONING: Existing - "R -3" Proposed - "PCD" PROPOSED USE: Office A. Site History A plan for a two- story, three -unit town house } development on this site was approved on May 15, 1984. B. Proposal 1. The use of a 695 square foot structure on .13 acre as quiet office. 2. The provision of three off - street parking spaces. C. Engineering Comments Improve "A" Street to minor residential standards. D. Analysis The applicant proposes to use the structure as office space for one tenant; therefore, he believes that there will be no increase in traffic on Walnut Street (or "A" Street). The natural features of the property are to be retained. Due to the numerous commercial and office July 9, 1985 SUBDIVISIONS Item No. A - Continued uses in the immediate vicinity, the current "R -3" zoning is no longer feasible, and feels that the proposed use is quieter than "R -3" and it is the highest and best use of the property. Staff's position is not favorable to the proposal due to its intrusion into the single family area. The Heights /Hillcrest Plan designates up to 200' from Markham as for nonresidential use. Due to the abundance of office zoning along Markham, staff sees no need to extend this type of use any further northward. The applicant is asked to clarify where the four spaces are to be provided as shown on the site plan or three to be provided as mentioned in this letter. ) STAFF RECOMMENDATION: Denial. SUBDIVISION COMMITTEE REVIEW: Staff reported that the applicant had requested deferment of the item. PLANNING COMMISSION ACTION: A motion was made for a 30 -day deferral as requested by the applicant. It was passed by a vote of 9 ayes, 0 noes and 2 absent. SUBDIVISION COMMITTEE REVIEW: (6- 27 -85) Since the applicant was not present, the item was not reviewed. PLANNING COMMISSION ACTION: (7 -9 -85) The applicant requested a withdrawal of this item from further consideration. The Planning Commission voted unanimously to accept the withdrawal request. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. B NAME: Bernard and Marzella Ray Illegal Lot Transfer Review LOCATION: 1802 S. Elm Little Rock, AR REQUEST: Planning Commission guidance on illegal lot transfer /ownership. STAFF REPORT: The applicants are requesting Planning Commission guidance as to their current predicament. Recently, they bought the j one -story frame home shown on the sketch from Mr. Calvin Muldrow. They hired a surveyor who split the lots into two parcels so that Mr. Muldrow's home would be on the lot facing South Elm and theirs would face 18th Street. They have now found out that the house has been condemned and electricity can't be provided. Furthermore, both lots have been made nonconforming with widths and depths of 35' and 75'. Due to the inadequate lot sizes, staff refused to sign off on the lot split. Upon site investigation, it was discovered that 18th Street is a gravel road and both homes are located approximately 3' from each other. The applicant has asked to find out how long the house on West 18th has been on the site since it does not appear to be that old. The Commission is asked to provide guidance as to the situation or to direct the City Attorney to pursue the matter. SUBDIVISION COMMITTEE REVIEW: Since the applicants were not present, there was no review of the item. PLANNING COMMISSION ACTION: The applicants were not present. The Commission voted to defer the item for 30 days to allow the applicants time to contact the staff. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. July 9, 1985 SUBDIVISIONS Item No. B - Continued SUBDIVISION COMMITTEE REVIEW: (6- 27 -85) Since the applicants were not in attendance, there was no further review of the item. PLANNING COMMISSION ACTION: (7 -9 -85) The applicant was not in attendance. The Planning Commission chose not to discuss the request inasmuch as this is the third meeting in which the applicant was absent. A motion was made to withdraw the request from further consideration. The motion passed by a vote of 8 ayes, 0 noes and 3 absent. July 9, 1985 Item No. C - Z -4462 Owner: Applicant: Location: Request: Purpose: Size: O.F. and Verbal Alexander L.J. Carter 13,015 Stacy Drive Rezone from "R -2" to "C -3" Retail 0.68 acres + Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family & Office, Zoned "R -2" & 110-3" South - Single Family, Zoned "R -2" East - Industrial, Zoned "0 -3" West - Multifamily, Zoned "MF -18" PLANNING CONSIDERATIONS: 1. The request is to rezone the property from "R -2" to "C -3" to permit a medical appliance sales and retail business. The site is located on a block south of nest Markham Street in the Rock Creek Parkway area. Both land use and zoning patterns are very mixed in the area. The zoning includes "R -2," "MF -18," "0 -3" and "C -3." The land use is similar, but a majority of the "C -3" land is vacant, and there is a nonconforming industrial use to the east. Because of the high percentage of land zoned "C -3" in the area, the need for rezoning additional properties to "C -3" can be questioned. The site appears to be better suited for continued residential use. 2. The site is flat and occupied by a single family residence. 3. Gamble Road, east of the property, is identified as a collector on the Master Street Plan, so dedication of additional right -of -way may be required. There are no Master Street Plan issues associated with Stacy Drive. 4. There have been no adverse comments received from the reviewing agencies as of this writing. July 9, 1985 Item No. C - Continued 5. There are no legal issues. 6. There is no documented neighborhood position or history on the site. 7. Staff's position is that the location is inappropriate for a "C -3" rezoning and opposes the request. This opposition to the reclassification is supported by the Suburban Development Plan, which shows the area for single family development. The majority of the property zoned "C -3" in the immediate area is north of West Markham and that appears to be a logical division between residential and nonresidential zoning. Some of the office and commercial zoning that was granted south of West Markham was done over the objections of the staff and in conflict with the Rock Creek Plan. The existing "C -3" zoning to the east was approved to accommodate a nonconforming use and now is being used for industrial purposes as is a majority of the "0 -3" property south of Stacy if it was extended east of Gamble Road. Recently, the Planning Commission denied a "C -3" request for the "O -3" property to the east. No action was ever taken by the Board of Directors. There was significant neighborhood opposition to that request. STAFF RECOMMENDATION: Staff recommends denial of the "C -3" request as filed. PLANNING COMMISSION: (6- 25 -85) The -applicant was represented by Sam Davis, an engineer. There were no objectors present. Mr. Davis spoke about the request and said that the area was no longer desirable for residential use. Tate Roberts, a contractor, discussed the proposal. There was a long discussion about the request and the proposed use. The motion was made to defer the item for two weeks to the July 9 meeting to allow the applicant to meet with staff to clarify various issues. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (7 -9 -85) The applicant was represented by Sam Davis, engineer. There were no objectors present. Jim Lawson of the Planning staff spoke and discussed some possible plan amendments for the area. He said that the staff had developed four options July 9, 1985 Item No. C - Continued which showed various land use mixes of multifamily, commercial and office. Mr. Lawson said that staff recommended the plan option which showed commercial development to be kept north of West Markham. Because of this, he said that staff could only support an office reclassification for the property in question. Mr. Davis then spoke. He questioned the Planning Commission and the staff as to whether the applicant's proposed use could fit into an office classification. There was a long discussion about the use and the appropriate zoning district. Mr. Davis then asked whether a "PCD" would be possible. After some additional comments, Mr. Davis requested deferral to the July 30, 1985, meeting. A motion was made to defer the item as requested. The motion passed by a vote of 8 ayes, 0 noes and 3 absent. July 9, 1985 Item No. D - Z -4470 Owner: CCMN Joint Venture II Applicant: J.E. Hathaway, Jr. Location: Rock Creek Parkway, 1/4 Mile East of Kanis Request: Rezone from Unclassified to "MF -18" and "0-3" Purpose: Multifamily and Office Development Size: 40.28 acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Unclassified South - Vacant, Office /Industrial, Unclassified East - Multifamily, Zoned "PRD" West - Church, Unclassified STAFF REPORT: The request is to rezone a 40 -acre tract at the west end of the Rock Creek Parkway to "MF -18" and "0-3." The acreage breakdown is as follows: "0-3," 11.96 acres and "MF -18," 28.32 acres. No specific plans or development concepts have been provided. The property is currently unclassified because of being outside the City limits. This property is part of the Suburban Development Plan which currently recognizes the land for single family use only. Based on the current plan, staff cannot support the rezoning as proposed. The plan shows multifamily for the land to the east, classified "PRD," and further to the west, there is an area shown for commercial and some low to medium density residential development. This location would be the intersection of Kanis and the proposed Outer Belt ;Nest arterial. If the property is annexed into the City, it appears that a "PUD" would be more appropriate for the site because of its location and the existing "PRD" to the east. As has been stated earlier, the property is outside the City limits. An issue that will have to be resolved prior to the July 9, 1985 Item No. D - Continued rezoning being accomplished is whether the City limits will be extended beyond the current line. This line was established as the "official annexation boundary line" by a Board of Directors resolution. One final item is that this area will be included in the new planning effort that the City will undertake for west Little Rock. Both land use and future City limits will be addressed. STAFF RECOMMENDATION: Staff recommends denial of the "0 -3" and "MF -18" as filed. PLANNING COMMISSION ACTION: (6- 25 -85) Jim Hathaway, the applicant was present. There were no objectors in attendance. Mr. Hathaway spoke and presented an aerial photo of the area which he described in detail. There was a long discussion about land use and the street system. Mr. Hathaway said the "MF -18" density for the property was chosen because of various physical constraints such as utility easements. He indicated that no formal study or plan had been prepared for the site. Jim Lawson of the Planning staff then spoke. He discussed current plans for the area. He said that a "PUD" was more appropriate for the site because of the location. He also made reference to the City limits line and the Board of Directors' resolution regarding future City boundaries. Mr. Hathaway said that "MF -18" was a good density and that there would probably be office development in the future. Mike Batie of City Engineering said the proposed collector through the property was good. Mr. Lawson described the proposed "west belt" intersection with Kanis and said that "MF -12" and "0 -2" would be another possible zoning configuration for the land. There were additional comments made about development in the area and annexation of the property. The Planning Commission voted on the request as filed. The vote - 4 ayes, 0 noes, 5 absent and 2 abstentions (Jerilyn Nicholson and Jim Summerlin). The item was deferred due to the lack of six affirmative or negative votes. The Planning Commission then voted to defer the request to the July 9, 1985, meeting. The votes 6 ayes, 0 noes and 5 absent. July 9, 1985 Item No. D - Continued PLANNING COMMISSION ACTION: (7 -9 -85) Staff informed the Planning Commission that the applicant had agreed to another deferral. A motion was made to defer the request to the July 30, 1985, meeting. The motion passed by a vote of 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 1 NAME: Cheek's Addition LOCATION: 11102 Sardis Road nVc7VT nl -IV" . nw7n _r Al T, Can . Frank E. Cheek Edw. G. Smith & Assoc. c/o Edw. G. Smith & Assoc. 401 Victory 401 Victory Little Rock, AR Little Rock, AR Phone: 374 -1666 Phone: 374 -1666 AREA: 2.07 acres NO. OF LOTS: 4 FT. NEW ST.: 0 ZONING: Single Family PROPOSED USE: Single Family VARIANCES REQUESTED: Improvements on Sardis Road J A. Site History None. B. Existing Conditions The site is located in a rural area consisting of mainly single family homes. An existing two -story rock } and frame residence is located on the northeastern portion of the site and another one family structure is on the northwest. C. Development Proposal The applicant is requesting to subdivide 2.07 acres into four lots. A waiver of improvements to Sardis Road is requested. D. Engineering Comments (1) Dedicate right -of -way on Sardis Road to minor arterial standards. (2) Improve Sardis Road to minor arterial standards. (3) Driveway access plans to be approved by the Traffic Engineer. July 9, 1985 SUBDIVISIONS Item No. 1 - Continued E. Analysis Staff has reviewed the proposal. No problems have been found. The applicant has asked for a waiver for improvements to Sardis, but Engineering has requested improvements which is the usual policy. F. Staff Recommendation Approval of the plat but denial of the waiver. SUBDIVISION COMMITTEE REVIEW: It was decided that the applicant would: (1) provide an in -lieu contribution for improvements; (2) dedicate the required right -of -way; and (3) provide access plans to the City Engineer. Water Works - Acreage charge applies. PLANNING COMMISSION ACTION: Mr. Joe White of Edward G. Smith & Associates was present representing the owner. There were no objectors in attendance. Mr. White stated for the record that the owner would provide an in -lieu contribution for the street improvements and otherwise comply with the ordinance. A motion was made to approve the plat. The motion passed by a vote of 8 ayes, 0 noes and 3 absent. July 9, 1985 } SUBDIVISIONS Item No. 2 NAME: Riverfront Addition Tracts A -1 and A -2 LOCATION: Northwest Corner of Jessie Road and Riverfront Dr. ENGINEER: Garver & Garver Engrs. P.O. Box C -50 Little Rock, AR 72203 -0050 Phone: 376 -3633 AREA: 3.69 acres NO. OF LOTS: 2 FT. NEW ST.: 0 ZONING: "I -3" PROPOSED USE: Light Industrial VARIANCES REQUESTED: Allow platting of lot into two lots } with existing 30° access easement in lieu of public street right -of -way. A. Site History None. B. Existing Conditions This site is located in an area composed mainly of office and industrial uses. The site is currently vacant. C. Development Proposal This proposal represents a lot split of the remainder of Tract A of Riverfront Addition. The request is for Tract A -2 to be platted to receive public access from an existing 30' access easement instead of a dedicated public street right -of -way. D. Engineering Comments Clarify access plans to Cottondale. July 9, 1985 SUBDIVISIONS Item No. 2 - Continued E. Analysis Staff is supportive of the request and the waiver. For information, the applicant was asked to explain the area at the southwest end of Cottondale Lane. F. Staff Recommendation Approval. SUBDIVISION COMMITTEE REVIEW: The Committee reviewed the item. Staff reported that the proposed access easement is platted and known as Jessie Road, so they had no objections to the applicant's request. Water Works - A warehouse is under construction in this area that does not have water service and is 300 feet from a water main. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. After a brief discussion, the Commission voted unanimously to approve the request. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 3 NAME: Birch Brooks, Inc. c/o 1609 Broadway Little Rock, AR AREA: 1.2 acres ZONING: "1 -2" Robert's Replat Located at SE Corner of a Service Easement Running South off 12th Street between Westpark and Leisure Place 111 wTn -r *T 111 . Summerlin and Associates 1609 Broadway Little Rock, AR 72206 Phone: 376 -1323 NO. OF LOTS: 1 FT. NEW ST.: 0 PROPOSED USE: Industrial VARIANCES REQUESTED: Reduction of building lines on the south and east sides. A. Site History None. B. Existing Conditions This site is located in an area generally composed of office and industrial uses. C. Development Proposal The applicant is requesting to replat an existing lot to modify the setback line on the east side from 30' to 25' and on the south side to 15'. The lot will be utilized for industrial activity. The waivers are requested due to difficulty in siting and the proposed building. D. Engineering Comments 1. Submit access and parking plan to the Traffic Engineer. 2. Submit internal drainage and detention plan. July 9, 1985 SUBDIVISIONS Item No. 3 - Continued E. Analysis Staff is favorable to the request. A one lot final replat needs to be filed with Van McClendon of the Planning staff. F. Staff Recommendation Approval, subject to final plat submission. SUBDIVISION COMMITTEE REVIEW: The applicant explained that the waiver was necessary due to the addition of a loading dock. No adverse comments were raised. Water Works - Acreage charge applies. PLANNING COMMISSION ACTION: j The applicant was present. There were no objectors in attendance. After a brief discussion, the Commission voted unanimously to approve the request. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 4 NAME: Ray Morrison Addition Preliminary Plat LOCATION: 11513 Sardis Road DEVELOPER: ENGINEER: Ray Morrison Richardson Engineers 1717 Rebsamen Park Road Little Rock, AR 72202 Phone: 664 -0003 AREA: 3 acres NO. OF LOTS: 2 FT. NEW ST.: 0 ZONING: "I -2" PROPOSED USE: Single Family VARIANCES REQUESTED: None A. Site History None. B. Existing Conditions This site is in a rural area composed of single family houses. C. Development Proposal The applicant is proposing to split .3 acres into two lots for single family development. Twenty feet of right -of -way is offered for dedication. D. Engineering Comments 1. Dedicate right -of -way on Sardis Road to minor arterial standards. 2 Contribute in -lieu contributions for street improvements on Sardis Road. E. Analysis The proposal has been reviewed. The applicant is reminded that a 25' setback is not sufficient if Sardis Road is a collector or arterial at this point. July 9, 1985 SUBDIVISIONS Item No. 4 - Continued F. Staff Recommendation Approval. SUBDIVISION COMMITTEE REVIEW: Staff informed the applicant that a 35 -foot building line would be required since Sardis was an arterial at this location. Water Works - Acreage charge applies. PLANNING COMMISSION ACTION: The owner was represented by Mr. Robert Richardson. Mr. Richardson stated for the record that he and his client understood that mobile homes would not be permitted uses on the lots. After a brief discussion, the Commission voted unanimously to approve the plat. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 5 NAME: �ncrnr nnrnn River Park Apartments (Phase II) Northwest Corner of Rebsamen Park Road and Riverfront Dr. Riversedge Apt. John Kooistra Joint Venture 945 Savers Federal ENGINEER: Little Rock, AR 72201 Phone: 372 -4125 Robinson, Wassell and Savage 8500 West Markham Little Rock, AR Phone: 227 -5665 AREA: 4 acres NO. OF LOTS: 1 FT. NEW ST.: 0 ZONING: "MF -18" PROPOSED USE: Apartments A. Site History The first phase of this development approved by the Commission was entitled " Riversedge Apartments." It consisted of 38 units of apartments. B. Proposal 1. The construction of 70 apartments units on approximately 4 acres. 2. Unit Summary Unit Unit Mark Description Area No. A -1 1- Bedroom, 1 Bath 618 12 A -2 1- Bedroom, 1 Bath 618 12 B -1 2- Bedroom, 2 Bath 1,049 4 B -2 2- Bedroom, 2 Bath 1,049 4 B -3 2- Bedroom, 2 Bath 1,049 14 B -4 2- Bedroom, 2 Bath 1,049 10 B -5 2- Bedroom, 2 Bath 1,049 14 Total 6,481 70 July 9, 1985 SUBDIVISIONS Item No. 5 - Continued 3. Building Summary Bldg. No. of No. Units 1 16 2 16 3 14 4 10 5 14 Total 70 Total Unit Area 11,612 11,612 14,686 10,490 14,686 1:: 4. Parking Analysis Required ................... 105 Covered - Uncovered .................. 126 Total Parking .............. 126 Living Area for Parking .... 476 sq. ft. Parking Per Unit ........... 1.8 spaces C. Engineering Comments None. D. Analysis During the review of Phase I, the applicant requested that he be allowed to file a "PUD" on Phase II at a later date. The second phase, as submitted at this time, does not need "PUD" review. Staff has found no problems with the submission. E. Staff Recommendation Approval. SUBDIVISION COMMITTEE REVIEW: Since the applicant was not present, there was no review of this application. Water Works - On -site fire lines and fire hydrants will be required. July 9, 1985 SUBDIVISIONS Item No. 5 - Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. After a brief discussion, the Planning Commission voted unanimously to approve the site plan subject to location of fire hydrants and on -site water mains. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 6 NAME: Corporate hill - Site Plan Review (Z- 3689 -B) LOCATION: South of the Intersection of Corporate Bill Drive and West Markham Street ( #18 Corporate Bill Drive) OWNER /APPLICANT: Corpex /Townley, Williams, Blair, Architects PROPOSAL: To construct a two -story office building (28,000 square feet) and 130 parking spaces on 2.03+ acres of land that is zoned "0 -2." ANAT.VRTR The applicant has submitted a landscape plan. This site plan is a part of an office park development and is compatible with the surrounding area. This application meets all City ordinance requirements. CITY ENGINEERING REQUIREMENTS: The applicant needs to submit drainage and detention plans. STAFF RECOMMENDATION: Staff recommends approval subject to the City Engineering comments. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. There were no unresolved issues. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. After a brief discussion, the Planning Commission voted unanimously to approve the site plan as recommended by staff. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 } SUBDIVISIONS Item No. 7 NAME: Fields "Short -Form PCD" (Z -4475) LOCATION: 13,830 Cantrell Road DEVELOPER: ENGINEER: Leon T. Fields Mehlburger, Tanner & Assoc. 7324 Rockwood Road 2nd at Izard Streets Little Rock, AR 72207 Little Rock, AR Phone: 663 -5314 Phone: 375 -5331 AREA: 1.73 acres NO. OF LOTS: 16 FT. NEW ST.: 0 ZONING: "R -2" to "PCD" PROPOSED USE: Commercial /Restaurant A. Site History This site is located in an older subdivision to the west of the City entitled Pankey Addition. Recently, the owner was mistakenly issued a remodeling permit for $5,000 for the abandoned building on the site, which was used for commercial at one time. The land is currently zoned for "R -2" Single Family. The existing building was constructed in the early 1930's and was always used as some type of commercial structure. Past uses include a doctor's office, beer joint, barbecue and beer, drug store and medical laboratory. The building was condemned in 1982. The current owner bought the structure in 1984. B. Proposal 1. The use of an existing, one -story rock and frame structure of approximately 1,650 square feet for a barbecue restaurant. 2. The provision of 16 parking spaces. C. Engineering Comments 1. Dedicate right -of -way on Highway 10 to arterial standards; 50' of right -of -way is required. July 9, 1985 SUBDIVISIONS Item No. 7 - Continued 2. Clarify encroachment into right -of -way of Highway 10 and parking encroachment into street right -of -way. 3. Roadway improvements to be discussed at Committee meeting. 4. Parking plan to be approved by the Traffic Engineer. D. Analysis From a land use point of view, staff has no choice but to recommend denial of the plan due to its conflict with the Suburban Plan, which recommends single family zoning in this area; however, staff defers consideration of the usual policy on hardship cases to the Planning Commission or City Board. This may possibly be considered a hardship since the applicant received a $5,000 remodeling permit by the City. ) Staff has other concerns /requests, which include: (1) Removal of the porch from the right -of -way. (2) Expansion of parking lot into City right -of -way and 5' over into neighboring property owner's land. (3) In -lieu contribution in front of site. (4) Closing of Wells Street. (5) Replatting of various lots and ownerships. (6) Indication of additional area designed for restaurant on site plan. (7) Withhold requirements to plat Josephine and Arnold until further development occurs. E. Staff Recommendation (1) Denial of land use based on Surburban Plan; (2) Deferral of hardship policy to Planning Commission or Board. I July 9, 1985 SUBDIVISIONS Item No. 7 - Continued SUBDIVISION COMMITTEE REVIEW: The applicant and his attorney were present. The applicant agreed to remove the porch from the right -of -way, provide in -lieu contribution for the area in front of the site and to close Wells Street if the abutting property owner agrees. He explained that his tenants mistakenly expanded the parking lot over into the City's right -of -way and he would try to clear the issue up. Some discussion concerned whether or not to replat the entire ownership or just a portion with the restaurant. Some committee members expressed concern over allowing commercial on all the property. Others felt that the PUD process required specifics on all the property. A suggestion was made to phase the application. Nothing was resolved. Some members felt that the site plan couldn't be approved without the closing of the streets, others felt that it could be a condition of the approval. It was pointed out that if they weren't closed, the streets would have to be improved. Engineering indicated that the encroachment of the building into the right -of -way could possibly be granted nonconforming status. The applicant was asked to provide a revised plan showing the addition to the building and the removal of the parking spaces and porch in the right -of -way. PLANNING COMMISSION ACTION: Prior to the discussion of this matter, a general discussion was held between Mr. Brad Walker, attorney for Mr. Fields, the Planning Commission members, staff and the City Attorney. This discussion centered on the merits of hearing the case simply on the basis of a land use issue or on hearing all of the details of the history of the case. This discussion resulted in a decision to hear all of the information which could be offered. Mr. Roy Beard of the Public Works Department made a presentation at the request of the Commission offering the full details of the building permit history. He also discussed the involvement of various staff members in the review process. July 9, 1985 SUBDIVISIONS Item No. 7 - Continued A determination was then made by polling the audience as to the number of persons present in support of Mr. Fields' application. There were 10 persons identified in support. In addition, three persons identified themselves as being opposed to the issue. Mr. Fields then offered a survey of Highway 10 businesses for a substantial length of Highway 10 in support of his proposal. Mr. Walker, his attorney, offered four pages of signatures of support and offered objection to the land use plan approaches to establishment of zoning lines. Mr. Jim Threet, an abutting owner representative, stated his support of Mr. Fields' application. Mr. Harold Flowers, an attorney and minister and resident of the area, stated his objections to the use and conversion, especially with respect to the sale and consumption of alcoholic beverages. Ms. Saugey, an owner and business operator in the area, spoke on the issue of spot and strip zoning of Highway 10 and the need for maintaining the land use plan. She opposed the application. Bob Lane of the Public Works Department offered, at the request of the Commission, an update on the Highway 10 widening project especially with respect to the subject site. Mr. Lloyd Vaught, an owner and President of the Highway 10 Association, commented on the application from the view of his Association. He offered a description of the premises before Mr. Fields purchased the lots and the improvements which have been made. Mr. Jeffries, a nearby neighbor, offered objection to the sale of beer on the premises and traffic concerns within the area. Mr. Orange Brady, representing the Sims Brothers, the prospective operators of the restaurant, spoke on the position of the Sims. Ms. Saugey then offered rebuttal to information that had been offered relative to the permits issued. She stated that additional work had been accomplished since the City Attorney's notice to Mr. Fields. Barbara Dutton, a resident of the area, opposed commercialization of the Pankey area. Cramon Storay, a resident of the adjacent community present in support of commercialization of the site. July 9, 1985 SUBDIVISIONS Item No. 7 - Continued Mark Stodola, the City Attorney, then offered comments concerning his involvement and contacts with Mr. Fields with respect to the nonconforming status of the property and activities which have occurred on these premises in the past. Mr. Brad Walker, attorney for Mr. Fields, then presented the application offering arguments in support of Mr. Fields' position on hardships. Mr. Walker responded to questions from the Planning Commission on the status of the property as a nonconforming use. Mr. Fields then offered comments concerning his approach to obtaining the permit. He also gave a site history indicating names and dates as well as d products sold. He discussed the removal of prior commercial product contents from the building shortly before he purchased the land. He offered comments concerning his discussions with the various inspectors about repairs to the building. He stated that he had on no occasion requested a privilege license from Mr. Scott's office. When asked by a commissioner, Mr. Fields stated that he did not check the zoning of this property prior to his purchase. He thought that it was zoned commercial. A general discussion then followed involving issues attached to the permit records, the various permits that were allegedly issued and the ability of the Commission to determine whether the nonconformity was revived through the actions of the City by issuance of permits. Mr. Roy Beard responded to this by stating that only one building permit was issued beyond the initial permit and this was for a bathroom containing eight fixtures and a water heater. Brad Walker presented further comments about the history of the Pankey community and the nonconforming status of many uses along this section of Highway 10. Jim Lawson of the Planning staff offered a response to several questions concerning the area land use plan and relationships of that plan to the Pankey community. A general discussion was held concerning relationships of the subject site and existing zoned commercial within the area as well as the potential for rezoning existing nonconformities scattered along Highway 10. July 9, 1985 SUBDIVISIONS Item No. 7 - Continued Brad Walker, the attorney for Mr. Fields, offered a rebuttal statement to those comments offered by neighbors and opponents of the project. A procedural motion was then made to vote on calling the issue for a vote. The Commission voted 5 ayes, 3 noes, 3 absent to reject the call. The matter remained on the floor for action due to absence of an affirmative vote. Additional discussion occurred during which the Commission requested that they provide additional information on plan detail included in the staff write -up. Staff members of Planning and Public Works updated the matter for the Commission giving specifics on right -of -way, in -lieu street contribution, platting and street abandonment. A general discussion of these requirements followed. A question was then raised as to the vote on the procedural matter placed before the Commission. The City Attorney clarified the bylaws on the procedure to indicate that the motion had indeed passed by a simple majority of those present. The Chairman stated that the motion had been called and asked if additional discussion was needed. None being evidenced, the motion was voted upon to approve the PUD as placed before the Planning Commission on the revised plan. The application failed to receive an affirmative 6 votes; therefore, the bylaw rule for automatic deferral applies. The issue will be reheard August 13, 1985. The issue will be listed first on that agenda. City of Little Rock Engineering Division Department of 701 West Markham Public Works Little Rock, Arkansas 72201 371 -4800 E MEMORANDUM_ July 5, 1985 TO: Gary Greeson, Director, Comprehensive Planning FROM: Roy Beard, Cheif, Central Codes A" SUBJECT: Leon Fields Property, 13830 Cantrell Road I am forwarding herewith a memo detailing the events pertaining to the Leon Fields case, as requested. The following major conclusions may be drawn based upon this information: 1. Construction related permits for the remodeling work were obtained in accordance with our standard procedure in April, 1984. 2. The renovations were essentially complete prior to identification of zoning problems in May, 1985. 3. My decision on May 30, 1985 that rezoning of the property was not necessary was based on limited and incorrect basic information. 4. Corrected and complete data indicate no commercial use of the property existed on the date of annexation of the property to the City or thereafter. Therefore, no right to re- establish a commercial use exists except by means of the standard rezoning procedure . RB /nw cc: Susan Fleming Mark Stodola Bob Lane Don McChesney City of Little Rock Englineering Division Department of 701 West Markham l ublic Works little Rock, Arkansas 72201 371 -4800 M E M O R A N D U M July 3, 1985 TO: File FROM: Roy Beard, Central Codes Chief k�6 SUBJECT: Leon Fields Property, 13830 Cantrell Road April 29, 1985: Mr. Leon Fields visited Environmental Codes Office and made inquiry regarding issuance of a privilege license for operation of a business at 13830 Cantrell Road. Mr. Fields' initial contact was made with Dana Carney, a Zoning and Sign Enforcement officer employed in Environmental Codes. Mr. Carney, in processing Mr. Fields' request for privilege license, developed information indicating the subject property had been vacant slightly over a year and the proposed use was not appropriate for the R -2 zoning classification of the property. Mr. Carney explained the possible forfeiture of non - conforming status of the property and referred Mr. Fields to Jim Hathcock, Environmental Codes Chief, for further discussion. j Mr. Hathcock was aware of housing inspection activity in the vicinity of Mr. Fields' property and checked the housing case files for that specific address. Mr. Hathcock found an inactive case file on the 13830 Cantrell Road address. The file indicated an initial inspection of the property was conducted in 1982 and that the building was vacant at time of inspection. The building was condemned and the usual requests for disconnection of utilities were forwarded to the utility companies. The building was certified in compliance with housing code in December 1984. This information appeared to confirm the loss of the non - conforming status of the property. Mr. Hathcock explained to Mr. Fields that it would be necessary to rezone the property before it could be used for business purposes. Mr. Fields was referred to Mr. Richard Wood in Comprehensive Planning to initiate rezoning of the property. Mr. Fields visited with Mr. Wood and obtained information regarding the re- zoning process, however, he did not pursue filing an application at that time. May 3, 1985: Kenny Scott, Zoning and Sign Enforcement Chief, intercepted Roy Beard, Central Codes Chief, on the codes office parking lot and told Mr. Beard that an elderly gentleman had been waiting to see him for over two hours. Mr. Scott stated that the man was highly irritated because he had spent $25,000 remodeling a building for business use but had lost his non - conforming status by two months because the building had not been used for business purposes for 14 months. Mr. Scott, who was not aware of Mr. Fields' previous contact with the zoning office, informed Mr. Fields he would have to have the property rezoned to use commercially. j Mr. Beard went to his office and met with Mr. Fields. Mr. Beard was not aware of any previous contact of Mr. Fields with the zoning office other than Mr. Scott's contact and his statement that Mr. Fields property had not been used for business purposes for 14 months.- Mr. Fields gave no indication of his April 29th visit to the zoning office or our previous explanation that there was much more time than fourteen months since the property had been used for commercial purposes. Mr. Beard questioned Mr. Fields regarding details of his purchase of the property and subsequent remodeling. Mr. Fields stated that: ... He purchased the property April 16, 1984. ... That he had difficulty in evicting an occupant from the building. ... As soon as the building was vacated (within a few days), he proceeded to clear vines, bushes and overgrowth which had taken place around the building. ... He obtained a building permit June 1, 1984 for $5,000 declared value of remodeling work and sub - contractors obtained plumbing and electrical permits. ** (See Attachment A. Note that the permit was issued based upon information provided by Mr. Fields, including land use, and that he affirmed by his signature that the data was correct). ... Proceeded to remodel building and secure proper inspections during progress of job. ... As remodeling was being completed he advertised the building for lease; was selective with regard to tenants, turning down taverns, pool hall, etc. ... He had already signed a lease with Sim's Bar -B -Que on April 6, 1985 and Sim's shortly thereafter purchased supplies and restaurant equipment. ... He had no idea he had a zoning problem until he came in this date to obtain a driveway permit for construction in Cantrell Road right- of -way to serve an old existing parking lot which he wanted to resurface (pave). The parking lot was 45' x 75. ... He had been working on the building more or less continuously, doing much of the work himself. Based on information obtained in this meeting, Mr. Beard made a determination that the non - conforming use should not be considered abandoned or forfeited because of the six weeks over the zoning code provision of a one year allowance and in view of the fact that Mr. Fields had apparently complied with our system and had pursued rehabilitation of the building on a continuous basis. Work on the structure was complete at that time. * Actually one year and 17 days. ** I reviewed Mr. Fields' tax forms on July 3, 1985 which showed actual costs to be $6,000. Additional costs on this propety were incurred by lessee involving additional restroom facilities, equipment and decorating. 2. Mr. Beard informed Mr. Fields that he would be required to comply with City landscaping regulations and that he would not be permitted to make any structural alterations or additions until property was properly rezoned. He also advised that he might want to pursue rezoning to take care of the possibliity that the structure could not be rebuilt if destroyed 50% or more by fire or other disaster. Mr. Beard assured Mr. Fields he could otherwise continue with plans to use the building as he proposed. May 8, 1985: Check with utility companies indicated utility meters were removed in 1978 because of "non- activity ". This was new information with regard to the length of time the building has been without commercial use. May 14, 1985: Mr. Beard was asked by Bill Davies to represent him in a meeting with the City Manager, May 15, 1985. The meeting was for the purpose of discussing the Fields case. May 15, 1985: Mr. Beard attended a meeting with the City Manager for the purpose of discussing details of the Fields case and deciding on a course of action. Mark Stodola, City Attorney, and Gary Greeson, Director of Comprehensive Planning, were also in attendance. Information regarding the background and details of the case were related by Mr. Beard. Discussion of the problems ensued. It was generally agreed that in view of the fact that utility meters to the building were removed because of "non- activity" in 1978, no commercial activity was being conducted in the building at the time of the annexation to the City in 1979. Therefore, the building did not have a non - conforming status at all with regard to occupancy. The general feeling was that Mr. Fields should be required to go through the rezoning process with recognition of the Hardship involved in this after - the -fact situation. Ms Fleming directed Mark Stodola to write a letter to Mr. Fields informing him that he must apply for rezoning of the property. May 20, 1985: Mark Stodola prepared letter to Mr. Fields regarding rezoning. (See Attachment B). May 21, 1985: Mr. Orange Brady, employee of Sim's Bar -B -Q went to Mr. Beard's office and inquired as to why he could not construct an addition to the building to have a barbeque pit. Mr. Beard related the details of the case to Mr. Brady and denied permission to proceed with the proposed addition. May 22, 1985: Mr. Russell Settler, owner of Sim's Bar -B -Q, went to Mr. Beard's office and made inquiry as to why he could not proceed to occupy the building he had leased. Mr. Beard related the details of the case to Mr. Settler. Mr. Settler stated that he had had equipment on order for a number of days and was obligated to accept. He said an extreme hardship was being inflicted upon him and he could not understand it. 3. Brief Chronology:_ In summary, the most significant events associated with the land use of this property are as follows: 1978 All utility meters removed from property. 1979 Area annexed to City of Little Rock. 4 -6 -85 Building leased to Sim's Bar -B -Q. 4 -29 -85 Zoning problem first identified, when Mr. Fields applied for driveway permit. 5 -3 -85 Based upon limited and incorrect data, Roy Beard advised Mr. Fields that no loss of non - conforming use had occurred. 5 -15 -85 Decision made that since property did not ever have non - conforming status, rezoning would be required for commercial use. 4. ATTACH4IENT A ADDRESS: LEGAL nESCRIPTION: LOT: BLit: ADDITION: APPLIC TI FOR CONSTRUCTION PERM IT DATE: -'- - DEPARTMEN OFF PUBLIC WORKS L1 ROCS(, ARKA "45 APPL CANTZ • E % _ �-�./ ADDRESS: BUEE I--LDER: Ji _ADDRESS: .VNER: !� ADDRESS: —�— DESIGNER:— ADDRESS: RESIDENTIAL COMMERCIAL: NEW REPAIR_ OT iER DESCRIPTION OF WORK: hereby certify that the data submitted on or with this application is true and correct, that d am the owner of the property at this address or, that for th obtainin is a Val I am acting as the agent in owner's behalf: 1-- is ' Mark Stodola City Attorney May 20, 1985 Mr. Leon P. Fields 7324 Rockwood Road Little Rock, Arkansas 72207 Re: Rezoning of 13830 Cantrell Road, Little Rock, Arkansas City Nall Markham at Broadway Little Flock, Arkansas 72201 501/371-4527 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Mr. Fields: I have been requested to formally advise you that the Office of Comprehensive Planning has received information which indicates that no valid non - conforming use has ever existed on your property located at 13830 Cantrell Road, Little Rock, Arkansas. If you have any additional information about the previous uses of this property contrary to the above conclusion, please contact Gary Greeson, Director of Comprehensive Planning, within the next five (5) days. If in fact, there is no valid non - conforming use flowing with this property, it will be necessary for you to formally file a rezoning application before the Planning Commission before the property can be'used for its intended commercial.use. Should this become necessary, the City's planning staff stands ready to assist you in preparing the.appropriate applications to be used in the rezoning process. Should you have any questions, please do not hesitate to' contact this office at your convenience. MS: lm cc: Susan Fleming, City Manager.. Gary Greeson, Director, Comprehensive Planning bec: Roy Beard, Department of Public Works July 9, 1985 SUBDIVISIONS Item No. 8 NAME: LOCATION: n LIT 7VT nr]VD . McClelland Dev. Corp. 2207 Hidden Valley Dr. Suite 204 Little Rock, AR 72212 Phone: 225 -5569 Kavanaugh Place "Short -Form PCD" (Z -4473) Southwest Corner of Kavanaugh Boulevard and Ash Street ENGINEER: Lewis Engineering 367 I -30 Alexander, AR 72202 Phone: 847 -4630 AREA: .4863 acres NO. OF LOTS: 3 FT. NEW ST.: None ZONING: "C -4" (Lots 1 and 2 "R -2" (Lot 3) PROPOSED USE: Mixed Use Office and Retail A. Development Objectives (1) To provide a development in which location, character and tenant mix will provide the Hillcrest area with desirable retail and office space, while contributing to the visual aesthetics of the community and function of the commercial district. (2) To repeat established patterns in the Heights / Hillcrest area, such as: (a) The crescent shape of the building, which relates to the old trolley turn around the station; (b) The street front pedestrian shopping pattern that is prominent in the area; (c) The similar architectural character (clay tile awning) of the building occupied by The Afterthought will be carried through on the corner building. July 9, 1985 SUBDIVISIONS Item No. 8 - Continued B. Proposal (1) To provide a mixed used office /retail development on .4 acres and to replat three lots into a single site. (2) Project Information (a) Building Blueprint ........... 9,530 sq. ft. Building /Land Ratio .......... 45 percent Buildings Corner Bldg. ....... 1st Floor .... 578 2nd Floor .... 540 Main Bldg. ....... 1st Floor .... 7,789 2nd Floor .... 8,109 Total 7,016 net leasable 10 Leasable Units Proposed (b) Parking: 22 cars on -site - 1 car per 773 sq. ft. (c) Site Improvements Include: i. Landscaping strip along south property line to visually separate parking from the adjacent residential area. ii. Trees along the east sidewalk to enhance the project and lessen the impact of the Hillcrest Cleaners. iii. Sidewalks will be concrete with brick paver accents. (3) Developmental Time Frame: August 6, 1985 - "PUD11 Granted Sept. 6, 1985 - Break Ground for Construction Feb. 6, 1986 - Construction Completed C. Engineering Comments (1) A landscaped strip is required adjacent to parking on Ash Street. July 9, 1985 I SUBDIVISIONS Item No. 8 - Continued (2) There is sufficient parking area on the south of the projects for head -in parking if desired. (3) Clarify building at the corner of Kavanaugh and Ash Street - blind corner problem may exist. (4) Recommend dumpster be located at an angle to the alley. D. Analysis The applicant has submitted a project that he describes as being "strategically located at a 'bend in the road' on Kavanaugh," and is by its physical layout, at the visual terminus of the entire commercial district to the west. Therefore, the building creates a visual backdrop for shoppers in the area drawing them through the shopping district, to "Kavanaugh Place" and beyond. He points out also that the area is located in the Neighborhood Commercial Revitalization Area of the i Heights /Hillcrest District Plan of 1981. He has also designed the project to open up to the corner, to maximize visibility for retail and drive -up parking. Staff recognizes and appreciates the applicant's desire to revitalize this area. Parking, however, is a definite problem. Only 22 spaces are provided. The applicant offers an estimate of approximately 50 addtional off -site spots available within one block, considering the local restaurant and business hours each project will operate. He is asked to clarify this statement. Staff has other concerns. First of all, the applicant should identify each building on his site plan. He is asked to clarify what appears to be the corner building, it may create a problem for traffic. Also, the 4' screen proposed is insufficient; it should be at least 6'. E. Staff Recommendation Staff defers recommendation until above issues are resolved. July 9, 1985 SUBDIVISIONS Item No. 8 - Continued SUBDIVISION COMMITTEE REVIEW: Ms. Cynthia Alderman represented the developer. A revised plan was submitted which reduced the square footage to 12,894, provided 39 parking spaces and a 6 -foot fence. The main issue discussed was the corner building and a possible blind corner. The applicant was asked to meet with Engineering staff before the public hearing to resolve the issue. Water Works - An 8 -inch water main extension from Woodlawn will be required if the building is to have fire service. PLANNING COMMISSION ACTION: Ms. Cynthia Alderman, the applicant, was present representing the proposal. There were several persons present objecting to the conversion of the existing service station and to specific design elements of the plan. Mr. Richard Delay, the manager of the cleaners immediately across Ash Street, offered comments concerning the traffic flows at that intersection and the need for one -way traffic flow between Ash and Kavanaugh on the corner parking area. He requested that the plan, if approved, carry such a requirement. The City Engineer's staff then offered comments as to resolution of several concerns about a potential blind corner. An agreed upon plan was offered for modification of the small building on the corner so as to eliminate the blind corner issue. The applicant voiced agreement with the proposed change. Mr. Vidas Baret, an owner to the west across the alley, offered objections to the project on the basis of poor drainage within this block. It was determined during the course of his presentation that the Planning Commission could condition the approval of this PUD upon submittal of drainage and a retention plan. A discussion then followed resulting in a motion to recommend approval of the request to the Board of Directors subject to the suggested changes which were: (1) submittal of a drainage and retention plan prior to the issuance of a building permit; and (2) conformance with the traffic engineer's agreed upon design modifications. The Commission then voted on the motion which passed by a vote of: 6 ayes, 8 noes and 5 absent. i July 9, 1985 SUBDIVISIONS Item No. 9 NAME: Pleasant Valley Park Retirement Center "Long -Form PCD" (Z -4482) LOCATION: 10 acre tract on Hinson Loop/ Rainwood Road and 2.5 acre tract north of 10 acre tract, approx. 300' east of Napa Valley Drive DEVELOPER: Ewing Health Systems, Inc. Manes, Castin, Massie 12115 Hinson Road and McGetrick, Inc. Little Rock, AR 72212 2501 Willow Street Phone: 224 -0207 North Little Rock, AR 72114 Phone: 758 -1350 AREA: 12.5 acres NO. OF LOTS: 4 FT. NEW ST.: 0 ZONING: Existing - "MF -12" (10 acres) "0-2" (2.5 acres) Proposed - "PRD" PROPOSED USE: Retirement Village (residential cottages, apartments and convalescent center) A. Development Rationale 1. To provide a comprehensive continuing care retirement community serving the residential health care needs of the elderly. 2. To develop the southern portion of the site as multifamily detached dwelling units. B. Proposal 1. Quantitative Data: Parcel Growth Area ......... 12.435 Acres Street Right -of -Way ........ .455 Acres Setbacks ................... 1.156 Acres Retirement Housing Area .... 3.462 Acres July 9, 1985 SUBDIVISIONS Item No. 9 - Continued 2. Development Schedule (a) Phase I (Multifamily Detached Dwelling Units) 84 Units Located in 21 Detached Structures Each Structure Contains 4 Dwelling Units Bldg. Bldg. Use Qty. Sq. Ft. Coverage 1 -BR Units at 12 91000 91000 750 sq. ft. 2 BR Units at 72 68,400 68,400 750 sq. ft. Carports at 84 18,060 18,060 215 sq. ft. All Single Family (b) Phase II Bldg. Bldg. Use Qty. Sq. Ft. Coverage (i) Common Facilities 1 6,800 6,800 Food Preparation Dining Single Story (ii) Health Care Center 1 51,500 12,750 Total of 120 beds of nursing care. (These are divided into 96 two -bed units and 24 private bed units.) Support Services 4- Stories (iii) 1 60,000 10,000 Apt. Towers 53 Units with 39 1 -BR Units and 14 2 -BR Units Support Services 4- Stories July 9, 1985 SUBDIVISIONS Item No. 9 - Continued (c) Phase III Bldg. Bldg. Use Qty. Sq. Ft. Coverage (i) 1 57,950 7,950 Apt. Towers (Total of 53 apartments with 39 one - bedroom units and 14 two- bedroom units.) Support Services 6- Stories (ii) 4 3,000 3,000 Multifamily Detached 1 -BR Units at 750 sq. ft. 2 -BR Units at 12 11,400 11,400 a 950 sq. ft. Carports at 16 3.440 3.440 215 sq. ft. Total 289,059 150,800 3. Landscaping /Open Space - Includes greenbelt pedestrian path along both sides of collector street. Interior atriums in each unit for private use. Public open space has been maintained around each multifamily detached dwelling unit and combined into a major open space centrally located landsape pedestrian path. Open Space Private Space ................... .195 Acres Common Space ....................8,973 Acres Total 9.168 Acres 4. Development Schedule Phase I - Construction begins Christmas of 1985. Units constructed at market absorption rate. July 9, 1985 SUBDIVISIONS Item No. 9 - Continued Phase II - Construction begins in summer of 1986, completed in late 1987. Phase III - Construction begins in late fall 1987, units constructed at market absorption rate. C. Engineering Comments (1) Dedicate right -of -way and improve Rainwood Road to collector standards. (2) Submit internal drainage and detention plan. D. Analysis Staff was very much prohibited in its review of the item due the applicant's failure to comply with the site plan submission requirements as stated in the Zoning Ordinance. The site plan needs to be properly detailed. Staff is also concerned that the plan appears to be quite dense. 1 E. Staff Recommendation Staff defers recommendation until further information is received. SUBDIVISION COMMITTEE REVIEW: The Committee reviewed the item. The applicant submitted a more detailed site plan. The issues were identified as involving: (1) the proposed access /turning lane to Hinson Road; (2) a 6 -foot fence and landscaped buffer on the west adjacent to the abutting residential; and (3) development on the various portions of the plan and how each relates to the density allowed in "MF -12" and "0-2." Water Works - The easement should be designated to be also for utilities. On -site fire line and hydrants will be required. Pro -rata charge applies. July 9, 1985 SUBDIVISIONS Item No. 9 - Continued PLANNING COMMISSION ACTION: The applicant, Mr. Nooner, was present. There were no objectors in attendance. The staff offered a specific recommendation on the application as follows: (1) that the 10 acre "MF -12" site be limited to that density with no multistory buildings, (2) that the "02" site be limited to one multistory apartment building, 52 units total and the nursing home /restaurant annex, (3) that the basic design concept be retained. However, Mr. Bob Wickard, a nearby owner and developer, offered concerns about the project and his brief notice of the proposal. Mr. Nooner made a brief presentation and responded to the staff density analysis and j recommendations. A general discussion followed resulting in a motion to defer the request to August 13, 1985. The motion passed by a vote of: 7 ayes, 0 noes and 4 absent. July 9, 1985 .SUBDIVISIONS Item No. 10 NAME: DEVELOPER: Paul Jenkins Phone: 225 -2625 Jenkins "Short -Form PCD" (Z -4480) Hinson Road at Greenbrier AGENT: Linkous 12115 Hinson Road Little Rock, AR Phone: 224 -1234 AREA: .46 acres NO. OF LOTS: 1 FT. NEW ST._: 0 ZONING: "R -2" to "PCD" PROPOSED USE: Office The applicant requested that this item be deferred for 30 days. PLANNING COMMISSION ACTION: The Planning Commission responded to this owner's request by deferring the matter to August 13, 1985. The motion to defer was passed by a vote of: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 11 NAME: Country Club Corporate Center "Short -Form PCD" (Z -4479) LOCATION: DEVELOPER: ENGINEER: The Linkous Co. Edward G. Smith & Associates 12115 Hinson Road 401 S. Victory Little Rock, AR 72212 Little Rock, AR 72201 Phone: 224 -1234 Phone: 374 -1666 } AREA: 4.54 acres NO. OF LOTS: 7 FT. NEW ST.: 330 ZONING: "R -2" to "PCD" PROPOSED USE: Office The applicant requested that this item be deferred for 30 days. } PLANNING COMMISSION ACTION: The Planning Commission responded to this owner's request by deferring the matter to August 13, 1985. The motion to defer was passed by a vote of: 8 ayes, 0 noes and 3 absent. E July 9, 1985 ! SUBDIVISIONS Item No. 12 NAME: LOCATION: OWNER: Coldwell Banker AGENT: Ann Terry Brentwood Apts. "Long -Form PRD" (Z -4453) 5300 Base Line DEVELOPER: Rector - Phillips -Morse P.O. Box 7300 Little Rock, AR 72217 Phone: 664 -7807 FNGTNFRR: Ed Smith and Associates 401 Victory Little Rock, AR Phone: 374 -1666 AREA: 12.88 acres NO. OF LOTS: 1 FT. NEW ST.: 0 ZONING: 11R -2" to "PRD" PROPOSED AND EXISTING USE: Apartments STAFF REPORT: This is a request for "PRD" approval for the above named project. Due to the recent annexations into the City a limits, this property is now zoned "R -2" Single Family, as is every annexed parcel. The applicant is requesting a zoning change to allow the continuation of the project as it now exists. Also, because the property has been sold, lending institutions won't make a loan as long as the property is nonconforming. The complex consists of 16 apartment buildings and supporting buildings on 12.76 acres and is developed at a density of 18.81 units per acre. Three hundred and forty -five parking spaces provide 1.44 parking spaces per unit. The units number 240, which includes: (1) 96 one - bedrooms at 656 sq. ft. each, (2) 104 two - bedrooms at 869 sq. ft. each, (3) 42 three - bedrooms at 906 sq. ft. each. Staff nor Engineering has any problem with the request. STAFF RECOMMENDATION: Approval. July 9, 1985 SUBDIVISIONS Item No. 12 - Continued SUBDIVISION COMMITTEE REVIEW: The item was revised and passed to the Commission. No issues for discussion were raised. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. After a brief discussion, the Commission voted on a motion to recommend approval to the Board of Directors. The motion passed by a vote of: 7 ayes, 0 noes, 3 absent and 1 abstention (Bill Rector). } July 9, 1985 SUBDIVISIONS Item No. 13 NAME: Asher Business and Commercial Center "Short -Form PCD" (Z -4452) LOCATION: 4100 Asher DEVELOPER /APPLICANT: Dick Toll 12,900 Ridgehaven Road Little Rock, AR Phone: 225 -2563 1 AREA: 3.38 acres NO. OF LOTS: 1 FT. NEW ST.: 0 ZONING: Existing - "C -3" Proposed - "PCD" PROPOSED USE: Retail Center A. Site History This property consists of a paved area of 3.38 acres and an abandoned Safeway Food Store building and Holly Farms Restaurant building. The store structure was constructed in 1965, the restaurant in 1975. Safeway occupied the building until 1978, Food - for -Less from 1979 until 1981, then several other businesses until 1981. The Holly Farms Restaurant closed in 1981. Since then, both buildings have been vacant, boarded up and for sale. B. Development Objectives 1. To upgrade a blighted area by rehabilitating deteriorating vacant structures. 2. To attract commercial type businesses that do not depend upon the local neighborhood economic support. 3. To help strengthen the economic base of the neighborhood by attracting businesses which will result in employment of local neighborhood persons. July 9, 1985 SUBDIVISIONS Item No. 13 - Continued 4. To stimulate reinvestment, improvement and higher use of surrounding properties. C. Proposal 1. A mixed use retail center on 3.38 acres. 2. Request a minimum amount of landscaping so as to (1) keep the cost down so the developer may offer prospective clients competitive pricing to induce them to come into this location which is less desirable than many others for their use; t (2) jackhammering of the existing pavement would be needed to plant anything; (3) possibility of theft and vandalism to shrubs and trees. 3. The determination of the future use of this large land area on the southeast quarter of the property will be warranted by successful use of the existing buildings. When further development occurs on this portion, all the required landscaping could be done. 4. Project Statistics (a) gain Bldg . .................. 25,500 sq. ft. 35% on 8,825 sq. ft. ........ "C -3 Use 40% or 12,200 sq. ft. ....... "C -4" Use (interest in machinery, sales and service plumbing, electrical and air conditioning shop) 25% or 6,375 sq. ft. ........ "I -1" (interest in light fabrication and assembly process and warehousing and wholesaling) (b) Restaurant Bldg. ........... 1800 sq. ft. 5. A 6' board fence is planned for the north end of the side. D. Engineering Comments None. July 9, 1985 SUBDIVISIONS Item No. 13 - Continued E. Analysis Staff is very supportive of the applicant's desire to upgrade the area and provide a retail and business center. He has asked for a reasonable amount of flexibility regarding the review of the proposal and landscaping. We are favorable to his request to tie specific landscaping requirements to further development of the site. The site plan should be marked accordingly. Even though there appears to be ample parking, the applicant is reminded that approximately 64 spaces are needed for the proposed commercial, 18 for the restaurant. For the wholesaling and manufacturing, one per 600 square feet will be required; and for warehouse and storage, five spaces plus one space per 2,000 square feet of gross floor area up to 50,000 square feet will be required. F. Staff Recommendation Approval. SUBDIVISION COMMITTEE REVIEW: The item was reviewed and passed to the full Commission. Water Works - There is an existing fire service to this property. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission determined that there were no issues for resolution. After a brief discussion, the Commission voted on a motion to recommend approval to the City Board of Directors. The motion passed by a vote of: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 14 NAME: Commerce Street Conditional Use Permit (Z- 4419 -A) LOCATION: The NW Corner of the Intersection of Commerce St. and the I -30 Service Road (2812 Commerce Street) OWNER /APPLICANT: Dwight Jackson P RnPnSA T, - } To remove the existing structures and to construct a 430 square foot bakery /sandwich shop and four parking spaces on one lot that is zoned "C -1." ORDINANCE DESIGN STANDARDS: 1. Site Location This site abuts Commerce Street (one -way running from north to south). 2. Compatibility with Neighborhood This property is surrounded on three sides by single family uses. Interstate I -30 lies to the east. The applicant apparently has neighborhood support. The staff and the Planning Commission have supported "C -1" zoning. 3. On -Site Drives and Parking The applicant has proposed one ingress from Commerce Street and two points of egress onto an alley to the west. The proposal calls for four paved parking spaces. 4. Screening and Buffers The applicant has submitted a landscape proposal which shows a privacy fence on the north and south property lines. 2- 4419 -A - Continued 5. Analysis The staff supports this proposal. The staff feels that the privacy fences should be six feet in height due to the small lot and the adjacent single family structures. City Engineering Comments: (1) Clarify traffic circulation; (2) Improve the alley; will traffic in the alley be two -way; and (3) Submit internal drainage and detention plan. 6. Staff Recommendation: The staff recommends approval provided the applicant agrees to: (1) Construct six -foot privacy fences; and (2) Comply with City Engineering comments numbered 1 -3. SUBDIVISION COMMITTEE REVIEW: The applicant was present and stated that egresses would be one -way onto the alley and that he would pave the alley from his south property line northward to E. 28th Street. The applicant also stated he intended for the privacy fences to } be 6 feet in height. The City Engineer stated he was satisfied with applicant's intentions and that the applicant would not be required to submit an internal drainage and detention plan. There were no unresolved issues. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted: 8 ayes, 0 noes and 3 absent to approve this application as reviewed by the Subdivision Committee and recommended by staff. July 9, 1985 SUBDIVISIONS Item No. 15 NAME: LOCATION: OWNER /APPLICANT: PPnPngAT. South University Conditional Use Permit (Z- 4466 -A) The East Side of Unversity Avenue North of 53rd Street (5001 S. University) Roy May /Maury Mitchell To downzone the property from "I -2" to "C -3" and to obtain a conditional use permit in order to construct a 4,085 square foot building and 18 parking spaces which would be used for a muffler shop. ORDINANCE DESIGN STANDARDS: 1. Site Location This site fronts on a major arterial (University Avenue). This site is also adjacent to the Fourche Creek floodplain. 2. Compatibility with Neighborhood This property has a commercial use located to the south with vacant land adjacent to the north and east. University Avenue is located to the west. The proposed use is compatible with the surrounding area. 3. On -Site Drives and Parki This proposal contains one 30 -foot access drive to University Avenue and 21 paved parking spaces. 4. Screening and Buffers The applicant has proposed landscaping on the south property line. 5. Analysis The staff has no objection to this proposal. The applicant will be required to meet City landscape requirements. July 9, 1985 SUBDIVISIONS Item No. 15 - Continued Citv Engineering Comments (1) The proposal will need to comply with the floodplain regulations; (2) The applicant needs to submit internal drainage and detention plans; and (3) The driveway will need approval by the Arkansas State Highway Department. b. Staff Recommendation } Staff recommends approval subject to the applicant agreeing to comply with City Engineering comments numbered 1 -3. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with all staff recommendations. The staff and applicant also stated that a final plat would be submitted for staff review. The Little Rock Water Works stated that a 12 -inch main extension would be required. There were no unresolved issues. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted: 8 ayes, 0 noes and 3 absent to approve this application as reviewed by the Subdivision Committee 1 and recommended by staff. July 9, 1985 } SUBDIVISIONS Item No. 16 1 NAME: LOCATMN: OWNER /APPLICANT: PROPOSAL: Unitarian Universalist Church Conditional Use Permit (Z -4474) (1818 Reservoir Rd.) The West Side of Reservoir Road North of Rodney Parham Road Unitarian Universalist Church/ Yandell Johnson and Raymond Branton, Architect To construct a 500 square foot addition to an existing 1,380 square foot sanctuary (160 capacity), a 672 square foot foyer, a new 2,880 square foot fellowship hall which includes a new 936 square foot administrative area, miscellaneous 936 square feet and to renovate an existing 3,564 square foot educational building on 4.28+ acres of land that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location This site is adjacent to an arterial street (Reservoir Road). The property slopes from its mid point gently downward towards Reservoir and more steeply towards the west property line. 2. Compatibility with Neighborhood This site is currently used as a church and is surrounded by multifamily development on three sides. The property to the west is vacant. The proposed use is compatible with the surrounding area. 3. On -Site Drives and Parking The applicant is proposing to use one existing drive located on Reservoir Road. There are currently 61 parking spaces for church use (not paved). 4. Screening and Buffers The applicant has submitted a landscape plan. July 9, 1985 SUBDIVISIONS Item No. 16 - Continued 5. Analysis The staff supports the church use on this property. Staff does feel that a revised site plan is necessary. The site plan should show dimensions of the drives, structures, etc. The applicant also needs to define and illustrate more clearly on the site plan the proposed chapel located on the northwest property. It is situated too close to the property line. City Engineering Requirements: (1) Dedicate right -of -way on Reservoir Road (80 feet t total) and improve Reservoir to minor arterial standards; (2) Submit internal drainage and detention plan; and (3) Construct parking area to meet City standards. 6. Staff Recommendation Approval, subject to the applicant agreeing to: (1) submit a revised site plan better defining the proposed chapel area and containing structural and drive dimensions; and (2) comply with City Engineering comments numbered 1 -3. SUBDIVISION COMMITTEE REVIEW: } The applicant was present and agreed to comply with all staff recommendations. There were no unresolved issues. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted: 8 ayes, 0 noes and 3 absent to approve this application as reviewed by the Subdivision Committee and recommended by staff. July 9, 1985 SUBDIVISIONS Item No. 17 TxTAMP.. T.nCATMN e OWNER /APPLICANT: DW)DnC LT. Gum Springs Day -Care Conditional Use Permit (Z -4476) The South Side of Gum Springs Road Just West of Larch Road (4707 Gum Springs Road) Dana M. and Don E. Stuart To convert an existing single family structure to a day -care center (capacity 39 children) by constructing a 36.3' x 12.3' addition and an entranceway as well as seven paved parking spaces on a lot (12,500 square feet) that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location This site is adjacent to a collector street (Gum Springs Road) and is relatively flat. 2. Compatiblity with Neighborhood This site is surrounded by single family uses but is j separated from a single family use (north) by Gum Springs Road. The staff feels that a well designed day -care use adjacent to a collector street is compatible. The staff feels that this particular proposal may be too intense for the site. 3. On -Site Drives and Parking The applicant is proposing one paved entrance (from Gum Springs Road) and seven paved parking spaces. 4. Screening and Buffers The applicant has proposed a wood privacy fence adjacent (east) to the proposed parking area. July 9, 1985 SUBDIVISIONS Item No. 17 - Continued 5. Analysis The staff is supportive of the proposed use but has reservations about the intensity of the development. The staff feels that the capacity of the day -care should be reduced (to possibly 25 students) which in turn would reduce the required parking area. A reduction in parking area would help to facilitate the design of a drop off site for the children. City Engineering Comments (1) Seven parking spaces cannot be approved as shown; the vehicles could not get out; (2) A landscaping strip is required on the east side of the parking are; and (3) How will the children be dropped off and picked up? 6. Staff Recommendation Approval, provided the applicant agrees to: (1) reduce the day -care capacity; and (2) comply with the City Engineering comments numbered 1 -3. SUBDIVISION COMMITTEE REVIEW: The applicant was present. A discussion ensued over the 1 proposed capacity in a drop off area. The staff stated that a capacity of 30 would require six parking spaces. The applicant apparently agreed to submit a revised parking plan, access plan and landscape plan. The issue of the proposed capacity of the day -care center was not resolved. PLANNING COMMISSION ACTION: The applicant was present. There were six objectors present. The objectors presented petitions and letters that totally opposed the proposed day -care center. The applicant stated that she might lower the proposed capacity and that she would build a 6 -foot privacy fence around the entire property. The applicant also stated that she would provide a semicircular drop off area for the children. A short discussion ensued. The Commission then voted 0 ayes, 6 noes, 5 absent to disapprove this proposal. July 9, 1985 } SUBDIVISIONS Item No. 18 NAME: Oak Street Duplex Conditional Use Permit (Z -4477) LOCATION: The West Side of Oak Street Just North of Plateau Street (132 S. Oak Street) OWNER /APPLICANT: Jean S. Watts DDnT3nC T T.. 3 To convert an existing single family residence to a duplex by constructing a small addition on the front and the rear of the building and using the existing driveway for parking on a lot that is zoned "R -3." ORDINANCE DESIGN STANDARDS: 1. Site Location This property has little slope and lies adjacent to a residential street (South Oak). 2. Compatibility with Neighborhood The proposed use appears to be compatible with the surrounding area except that the parking proposal is inadequate. This proposal does not exactly meet the Woodruff Neighborhood Plan; however, duplex uses do exist on both sides of Oak Street just north of this particular proposal. The staff feels that this proposal can be compatible subject to any comments from the Woodruff Neighborhood Committee. 3. On -Site Drives and Parking The applicant is proposing to use the existing paved drive as access and parking. 4. Screening and Buffers No landscape plan has been submitted. July 9, 1985 SUBDIVISIONS Item No. 18 - Continued 5. Analysis Staff feels that this proposal is compatible with the surrounding area subject to any comments by the Woodruff Neighborhood Committee. The proposal does lack adequate parking. Three paved parking spaces are required. Staff feels that the parking area could be constructed and landscaped to the rear of the structure with access provided by the existing drive. The applicant also needs to submit a landscape plan. City_Engineering Comments: Specify parking plan. 6. Staff Recommendation Approval, provided the applicant submit the revised site plan with the required parking area and landscaping. SUBDIVISION COMMITTEE REVIEW: The applicant was present and stated that an area existed in the rear yard (adjacent to the alley) that she would pave. The area is 18' x 25' and be large enough to accommodate at least two cars while the drive could accommodate two or three cars. The applicant agreed to submit a revised site plan which would show the additional parking area. There were no unresolved issues. PLANNING COMMISSION ACTION: The applicant was present. There were also three objectors present. Staff stated that they had received a petition (including 8 signatures) of opposition. The applicant stated that she did not want to make the neighbors made. A short discussion ensued. The Commission then voted 0 ayes, 6 noes and 5 absent to disapprove this application. July 9, 1985 } SUBDIVISIONS Item No. 19 NAME: LOCATION: OWNER /APPLICANT: n1Jn1'1n0 T T . Arkla Radio Tower Conditional Use Permit (Z -4478) 1/4 Mile West of the End of Morrison Road City of Little Rock Water Works /Benny R. Martin, Arkla Gas Company To construct a 130 -foot radio tower (with the necessary zoning variance) on 1.51 acres of land that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location This site is located about 1/4 of a mile west of the end of Morrison Road on a gravel road. The nearest development is about 1/4 of a mile east of this site. 2. Compatibility with Neighborhood This property contains an adjacent water tank and is surrounded by vacant land. This proposal is compatible with the surrounding area. 3. On -Site Drives and Parking This site is served by a gravel access road. No parking area is proposed. 4. Screening and Buffers This site is naturally screened by the existing terrain and vegetation. 5. Analysis This site is well suited for the proposed use. July 9, 1985 SUBDIVISIONS Item No. 19 - Continued City Engineering Comments: No comment. 6. Staff Recommendation Approval, subject to the Board of Adjustment granting the requested 95 -foot height variance. SUBDIVISION COMMITTEE REVIEW: The applicant was present and there were no unresolved issues. 1 PLANNING COMMISSION ACTION: The applicant was present. One objector was also present. Mr. Nat Griffin of Flake and Company represented property owners that owned land adjacent to this site to the west. Mr. Griffin stated that he was working on an agreement with Arkla gas. Mr. Griffin stated that his client did not oppose the construction of the radio tower, if the tower was of a temporary nature or if the future single family homeowners did not object to its presence. A lengthy discussion ensued. A motion was made to approve the application to construct a radio tower with the tower approval being on a temporary basis. The motion stated that the tower could remain on this site until a new water tank facility could be located to the west of this area was constructed. The applicant and Mr. Griffin accepted this proposal. The Commission then voted 6 ayes, 0 noes and 5 absent to approve this application as outlined in the motion. July 9, 1985 SUBDIVISIONS Item No. 20 NAME: Barton Street Conditional Use Permit (Z -4481) LOCATION: The NE Corner of the Intersection of Barton Street and the Missouri Pacific RR OWNER /APPLICANT: Brent Baber PROPOSAL To construct three duplexes (1,632 square feet each building) on three separate lots and 12 paved parking spaces on land that is zoned °R -3.° ORDINANCE DESIGN STANDARDS: 1. Site Location This site is located at the end of a residential street (Barton Street). It slopes substantially downward from Barton Street toward the railroad tracks. 2. Compatibility with Neighborhood This proposal has the potential to be compatible with the surrounding area. This site is adjacent to the Missouri Pacific Railroad on the south and east. Single family uses lie to the north and west. The Woodruff Neighborhood Plan allows for duplex development on in -fill or vacant lots. The Woodruff Neighborhood Committee has some reservations about two -story structures such as those located at the northeast corner of Valentine and 7th Street. 3. On -Site Drives and Parking The applicant is proposing one 12.5 -foot access drive to Barton Street with 12 paved parking spaces to be located in the rear of the structures. 4. Screening and Buffers No landscape plan has been submitted. July 9, 1985 SUBDIVISIONS Item No. 20 - Continued 5. Analysis 1..1 The staff is generally supportive of this proposal. The staff's support is subject to any concerns the Woodruff Neighborhood Committee may have to the duplexes being two - story. The Fire Department has expressed concern over the width of the proposed access drive. The department needs at least one 20 -foot access drive and preferably two 20 -foot access drives. The Fire Department can accept one 20 -foot access drive provided there is an area (50 feet in radius) for an adequate turnaround. The staff feels that the parking should be arranged such that the parking stalls or spaces do not overlap the lot lines. The applicant also needs to submit a landscape plan. The staff would like a revised site plan that incorporates corrective action for the Fire Department requirements. Citv Enqineerinq Requirements: Submit an internal drainage and detention plan. Staff Recommendation Approval, provided the applicant agrees to: (1) submit a landscape Plan; (2) submit a revised site plan that addresses the Fire Department's needs as well as the staff's concerns; and (3) an internal drainage and detention plan. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. The applicant stated that he would make an effort to revise the site plan to incorporate the Fire Department's concerns. July 9, 1985 SUBDIVISIONS Item No. 20 - Continued PLANNING COMMISSION ACTION: The applicant was present. A number of objectors were also present. The applicant requested that deferral to the August 13 Planning Commission meeting and stated that he had not been able to complete a revised site plan. The neighbors objected to the entire proposal and asked that the Commission deny the proposal and also stated that the applicant had not been cooperative. The Commission voted 3 ayes, 3 noes and 5 absent to defer this proposal. The motion failed due to a lack of a majority vote. A new motion to defer this application to the August 13 Planning Commission meeting was made so that the applicant could meet with the neighbors and submit the necessary site plans. The Commission then voted 6 ayes, 0 noes and 5 absent to defer this item to the August 13, 1985, Planning Commission meeting. 1 July 9, 1985 SUBDIVISIONS Item No. 21 NAME: Broadview Terrace Building Line Waiver LOCATION: Northwest Corner of Broadview Drive and Broadview Terrace Ct. APPLICANT /ARCHITECT: OWNERS: Charles Witsell, Jr. Mr. and Mrs. Tyndall Dickinson Witsell, Evans and Rasco #6 West Palisades 1302 S. Cumberland Little Rock, AR 72207 Little Rock, AR 72202 Phone: 374 -5300 REQUEST: (1) 5' encroachment into 25' setback area on Broadview Drive for construction of a garage. (2) 5' encroachment into 25' setback area on Broadview Terrace Court for construction of a porch or bay window. A. Site History None. B. Existing Conditions The land involved is located in an area composed entirely of single family homes. C. Proposal This is a request to modify two platted building lines. A 5' front yard encroachment is requested to allow construction of a driveway between large maple trees. If the house is placed directly on the building line, the driveway will overlap the north maple tree. The second waiver requested is on the east. Since the lot is not rectangular, the front of the lot is 100' wide and the lot gradually narrows on the east side to form a rear line of 91.5 feet. This narrowing causes the building line to barely cross one corner of the proposed garage. The 5' waiver will allow a garage at standard depth and utility. July 9, 1985 SUBDIVISIONS Item No. 21 - Continued D. Engineering Comments None. E. Analysis Staff has no problems with the request. A one lot final and amended Bill of Assurance is required. F. Staff Recommendation Approval. SUBDIVISION COMMITTEE REVIEW: The item was reviewed and passed to the Commission without adverse comments. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. After a brief discussion, the Commission voted on a motion to approve the request. The motion passed by a vote of 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 22 - Security Storage Request NAME: Security Storage Partnership Mini - Warehouses LOCATION: NW Corner of Chicot and I -30 DEVELOPER: AGENT: Security Storage Partnership Chuck Rusgus and 2515 Military Richard S. Bondurant Benton, AR 72015 Phone No. 565 -7900 STAFF REPORT: On December 13, 1983, the Commission approved a mini - warehouse project on this site, which is now zoned "C -4." At that time, 1.58 acres was designated as Phase II and left for further development. A self- storage facility is now being operated on the property. As an extension of the self- storage business, the applicant has placed rental trucks, displayed building samples and stored RV's and boats on the site. This portion of the property is covered with SB -2 and contains a concrete slab. Zoning enforcement has indicated that the above is in violation of "C -4" requirements. The request is for approval of the process which will allow the above for a temporary period of time. Within 24 months, the applicant expects to initiate Phase II of the expansion and will request permanent site location at that time. STAFF COMMITTEE REVIEW: The Committee requested that the applicant present his case before the full Commission. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. A brief discussion was held resulting in a motion to approve the revisions to allow the temporary use within the time limit offered in the staff report. The motion passed by a vote of: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 23 - Other Matters - Street Right -of -Way Abandonment NAM E: West 20th Street LOCATION: Lying between Gilman and Potter Streets OWNER /APPLICANT: Odes Perry By: Jerry Gardner REQUEST: To abandon the existing 7,540 square feet of right -of -way and join with the adjacent property for } purposes of a single family plat. STAFF REVIEW: 1. Public Need for this Right -of -Way There is none evidenced by the records of this office or our mailout contacts. 2. Master Street Plan Not applicable in this case. 3. Need for Right -of -Way on Adjacent Streets None evidenced by our review. 4. Characteristics of the Right- of -Wav Terrain Tree covered and rolling ground. 5. Development Potential The right -of -way has been included within a preliminary plat as portions of two residential lots. 6. Neighborhood Land Use and Effect There should be no adverse effect from this abandonment inasmuch as this street has not been in use and no physical improvements have been constructed. July 9, 1985 SUBDIVISIONS Item No. 23 - Continued 7. Neighborhood Position It has been brought to our attention that there is possibly one neighborhood objector. 8. Effect on Public Services or Utilities At this writing, only one request has been filed for easement retention, that is the Wastewater Utility. 9. Reversionary Rights This is yet to be determined. The normal reversion of right -of -way after abandonment by the City is an equal distribution to the abutting owners except in those cases where the entire right -of -way source is one side. In this instance, it appears the applicant would receive all of the right -of -way. STAFF RECOMMENDATION: The Planning staff recommends approval of the abandonment petition inasmuch as this request fulfills a plat requirement by the Planning Commission. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors in attendance. After a brief discussion, the Commission voted to recommend to the City Board of Directors the abandonment of the right -of -way. The vote: 8 ayes, 0 noes and 3 absent. July 9, 1985 SUBDIVISIONS Item No. 24 - Other Matters - Street Right -of -Wa Abandonment NAME: Rockwood Road LOCATION: West off Stagecoach Road and south of Pecan Lake Addition PETITIONER: Antioch Missionary Baptist Church, Missionary Baptist Seminary and Anderson Engineering and Testing Co. REQUEST: To change the current name of Rockwood Road to Seminary Drive its entire east /west length. ABUTTING USES AND OWNERSHIPS: A church on the south side of the street, a seminary on the north side of the street and the engineering company at the west end of the right -of -way. NEIGHBORHOOD EFFECT: There are only three uses abutting this street right -of -way each of which should be benefited by the name change. There is an existing conflicting street name within the Kingwood Addition in the north central part of the City. NEIGHBORHOOD POSITION: It is our understanding that one abutting and participating owner, Anderson Engineering, may offer some objection. The grounds of this objection have been suggested as being the cost of change to abutting owners and the time frame for doing so. EFFECT ON PUBLIC SERVICES: This change will lessen the possibility of emergency services being dispatched to a wrong address. Postal services, as well as delivery services, should be improved. July 9, 1985 SUBDIVISIONS Item No. 24 - Continued STAFF RECOMMENDATION: The Planning staff has encouraged this change over the past several years in line with policy of the City which discourages conflicting street names. We recommend this change be made if all of the abutting owners can agree upon the name and the effective date of the ordinance. The date is especially important for advertisers in the yellow page telephone book supplement, inasmuch as early fall is the cutoff point for publication. PLANNING COMMISSION ACTION: The applicant was present and made a brief comment. Mr. Anderson, an owner of adjacent property occupied by Anderson Engineering Company, stated his total opposition to the request. He offered a number of reasons for objection. However, his primary concern centered on the excessive cost and his firm's identity with this street name. The staff offered a thought that the Board of Directors past policy and actions would dictate leaving the name as is. In past actions, staff has observed that the Board was not receptive to approving a street name where there were objectors. After a brief discussion, the Commission voted to reject the petition by a unanimous vote. July 9, 1985 } SUBDIVISIONS Item No. 25 - Other Matters_- Street Improvements Assurance Issue: The Planning Commission's discussion of subdivision improvements assurance and enforcement. Request: The Planning staff requests a discussion with the Planning Commission subject to the enforcement of tri -party and other subdivision performance agreements. In recent months, the staff has experienced some degree of difficulty in enforcing the current standards. This enforcement problem hinges primarily upon the inability to assess a penalty for noncompliance or for lateness in compliance. The staff would be prepared to offer suggestions as to remedy and would encourage the Planning Commission to offer such proposals as they think appropriate. The Planning Commission lost a quorum prior to discussion of this matter. Therefore, no action was taken. - DATE 1 u\y q, 1985 --�� -�"'- P L A N N I N G C O M M I S S I O N V O T E R E C O R D ITEM NUMBERS ·ZONING & SUBDIVISION MEMBER 1111BltlJ)l l IZl3lt.f-i5l lo 171 B Jq l /DI ll I 12-I rstl±LJ51 J�I 17 J. J.Schlereth R.Massie B.Sipes J.Nicholson w.Rector W.Ketcher D.Arnett 0� J. Jones I.Boles J� Clayton VAYE -NAYE A ABSENT �ABSTAIN -"-,....__.,- DATE :Tulv 9, 1985 P L A N N I N G C O M M I S S I O N V O T E R E C O R D ·· ZONING SUBDIVISION MEMBER Ji a Z-1 zz J.SummPrl .; n rr J.Schlereth � ./ V / R.Massie ,/ v ·v � B.Sipes /1 J.Nicholson 11 f I w.Rector ./ I./ V .i/ w.Ketcher ,/ 1,/ V V D.Arnett / � V V D� J. Jones A A ti � I.Boles ,/ ii V ·� J; Clayton 13 /} V V ITEM NUMBERS Z3 Zl/ V V ,/ A _ ... / I / ./ ..-� ,/ � �A V I � fl 'VAYE -NAYE A ABSENT �ABSTAIN July 9, 1985 SUBDIVISIONS There being no further business, the meeting was adjourned at 5:05 p.m. lgrs- Date S cyc reta Chairman W