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pc_09 09 1986sub) } LITTLE ROCK PLANNING COMMISSI ON SUMMARY AND MINUTE RECORD SEPTEMBER 9, 1986 1:00 P.M. 1.Roll Call and Finding of a Quorum A quorum was present being 11 in number. 2o Approval of the Minutes of the Previous Meeting The minutes were read and approvedQ 3 ., Members Present: Commissioner Schfereth Commissioner Massie Commissioner Nicholson Commissioner Boles Commissioner Ar nett Chairman Ketcher Commissioner Riddick Commissioner Perkins Commissioner Jones Commissioner Rector Commissioner Sipes 4o City Attorney Present: .Steven Giles ) SUMMARY OF SUBDIVISION AC TIVITITE S September 9, 1986 Deferred Items A.Barrow Plaza Addition B.Marriot Courtyard Hotel "Short-Form PCD" (Z -4485-A) C.Whitewater Tavern "Short-Form PCD" (Z-4704) D.Asher Avenue CUP (Z-4682) E.Agape Church CUP (Z-3789-A) F.Bible Church of Little Rock CUP (Z-4032-A) G.Washington Street Day-Care CUP (Z-4702) H.Unity Church CUP (Z-4706) I.Tanphil Addition J.Pleasant Heights Addition Preliminary Plats 1.Cedar Ridge Two 2.Lot 12RR, Eagle Commercial Subdivision 3.Bristow Subdivision 4.Mabelvale West Industrial Park Planned Unit Development 5.Pine Shadows "Long-Form" PRD (Z-4719) Site Plan Review 6.Southwest City Mall -Revised Site Plan Review 7.K-Mart Shopping Center -Revised Site Plan Review Conditional Use Permit 8.South University CUP (Z-2658-A) ) ) ) SUMMARY OF SUBDIVISION ACTIVITITES -CONTINUED September 9, 1986 Zoning Site Plan Review 9.St. Vincent Hospital (Z-3001-D) 10.Baseline Square (Z-4676-A) Building Line Waiver 11.Bell Building Line Waiver Right-of-Way Closures 12.Unnamed right-of-way closure Other Matters 13.Consideration of a private street system withoutbenefit of a plat 14.Little Rock Port Industrial Park, Tract M September 9, 1986 SUBDIVISIONS Item No. A NAME: Barrow Plaza Addition LOCATION: John Barrow at Labette, West Side nncsnr nrinn _ nrTn rrTnnn _ Big K Developers, Inc. Richardson Engineers c/o Richardson Engrs. 1717 Rebsamen Park Road Little Rock, AR 72202 Phone: 664 -0003 AREA- 10 acres NO. OF LOTS: 7 FT. NEW ST.: 630' ZONING: "'0- 3"/"MF -12°' PROPOSED USES: Mixed Used VARIANCES REQUESTED: None A. Existing Conditions The land involved is located in an area that is primarily developed as single and multifamily; however, there is some office zoning along Barrow Road. B. Development Proposal The applicant is requesting to plat 10 acres into seven lots for office and multifamily use. The amount of new street will consist of 630 linear feet. The proposal includes the extension of Labette, a 60' right -of -way to the west. Lot 1 of this plat is to be used for an office /unloading /sorting facility (see No. 12.). C. Engineering Comments 1. Show location of Parkview Drive and the street to the south. September 9, 1986 SUBDIVISIONS Item No. A - Continued D. Analysis The applicant has identified this as an office /multifamily plat, which makes it a little difficult for staff to determine which bulk and area requirements of the Zoning Ordinance apply. Those office and multifamily zonings crossed the proposed lots. It is recognized that a mixed use PUD application has been submitted for Lot 1. The applicant must designate his plans for the remainder of the plat. If for some reason approval is not obtained for Lot 1, please indicate the desired use. Notices to adjacent landowners are required. E. Staff Recommendation Reserved until further info received. SUBDIVISION COMMITTEE RE VIEWi The applicant agreed that he would work out the zoning, construct Labette all the way to the west property line and that notices would be sent. WATER WORKS - Water main extension required. SEWER - Add easements required across Lots 1, 6 and 7. Sewer main extension required. PLANNING COMMISSION ACTION The applicant, Mr. Kelton Brown, and his engineer, Mr. Bob Richardson, were both in attendance. Discussion regarding Federal Express "PCD" (see #12) was held first. His proposal was to be located on Lot 1 of that proposal. The application for #12 was withdrawn. Staff informed the applicant that the lot sizes were inadequate for "MF -12" September 9, 1986 SUBDIVISIONS Item No. A - Continued zoning. The applicant was asked to submit a revised plan with the appropriate lot sizes for the next meeting. A motion for a 30 -day deferral was made and passed by a vote of 11 ayes, 0 noes, and 0 absent. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The revised plan was reviewed by the Committe and passed to the Commission. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion for approval was made and passed by a vote of 11 ayes, 0 noes and 0 absent. September 9, 1986 t, SUBDIVISIONS Item No. B NAME° Mariott Courtyard Hotel (Garden Plaza Revised PCD) (Z- 4485 -A) LOCATION: North Side of Financial Centre Parkway, approximately 600' west of Shackleford AGENT: Seth Barnhard Edward G. Smith and Associates 401 Victory DEVELOPER: Little Rock, AR Phone: 374 -1666 Courtyard Development c/o Financial Centre Dev. . Co. P.O. Box 56350 Little Rock, AR 72215 Phone: 224 -9600 AREA: 4.35 acres NO. OF LOTS: 1 FT. NEW ST.: 0 ZONING: "C- 3 "/ "O -3" to PCD PROPOSED USES: Hotel A. Development Objective (1) To develop a hotel resulting from "The Courtyard Concept," which is targeted toward the moderate segment of the population. The concept provides hotels with: (1) attractive, comfortable, functional rooms; (2) a relaxing, secure environment; (3) a simple restaurant with good food; (4) a well managed operation with friendly, helpful employees; and (5) an affordable price. B. Proposal (1) The construction of a building for use as a hotel according to the following: September 9, 1986 SUBDIVISIONS Item No. B - Continued (a) Number of rooms ............. (b) Number of suites ............ (c) 2 conference rooms .......... (d) Restaurant .................. (46 seats) (e) Lounge ...................... (36 seats) (f) Guest room wings are 3- stories where public areas are 1 -story (9) Parking ..................... (h) Building area ............... (i ) Ratio of bldg. to land ...... (2) Developmental Time Frame: 149 12 1525 sq. ft. 1090 sq. ft. 960 sq. ft. 164 87,000 sq. ft. 19.9 Opening Date - 4th Quarter of 1987 Construction - Begins lst Quarter of 1987 (3) Drainage: The developer will utilize the parking lots or an underground system for retention areas as required by the City Drainage Ordinance. (4 ) Platting: A one lot replat will be submitted. (5) Landscaping /Site Development: The property will be developed in such a way as to minimize excavation as much as possible. The lawn and planting areas around the hotel will be heavily planted. Included is a 25 to 32 -foot landscaped buffer strip along adjacent residential areas. C. Enqineerinq Comments (1) The Traffic Engineer requires that the opposite side of the street on Financial Centre Parkway at the western access point be shown in order to determine the proper location for the access point September 9, 1986 SUBDIVISIONS Item No. B - Continued in regard to the existing median cut on Financial Centre parkway. (2) Stormwater detention calculations are required in the location shown on the preliminary plat. (3) Right -of -way dedication on Financial Centre Parkway may be required. D. Analysis The applicant has stated that changes from the proposal that was originally approved on this site include: (1) the reduction to 3- stories from 5; ( 2 ) size reduction of meeting rooms, restaurant and lounge facility; (3) reduction of rooms by 59; (4) reduction in the scale of the building and no orientation of rooms toward the neighborhood. The original plan had one wing facing the neighbors and more parking located next to the 1 neighborhood. The main issue is the location of the building closer to the neighborhood than originally sited. However, the landscaped buffer zone remains a minimum of 25' wide along the north and has been increased to 32' at the northwest corner. Staff expects some input from residents regarding this change. Enqineerinq comments have been addressed. E. Staff Recommendation Approval as revised. SUBDIVISION COMMITTEE REVIEW: (7- 31 -86) The applicant requested a 30 day deferral. September 9, 1986 SUBDIVISIONS Item No. B - Continued PLANNING COMMISSION ACTION: A motion for a 30 -day deferral, as requested by the applicant, was made and passed by a vote of 11 ayes, 0 noes and 0 absent. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was present. He outlined several differences between this proposal and the previous hotel approved for this site. Staff indicated that all concerns had been addressed. The item was passed to the Commission. PLANNING COMMISSION ACTION: The application was represented by Mr. Dave DesForges from The Mariott Corporation, Mr. Mike Green and Mr. Edward Willis from the Financial Development Corporation. A few residents from the Birchwood Subdivision were in attendance. Mr. James Johnson of 420 Birchwood asked that any fill put in the 25' buffer strip and the retaining wall be amenable to the adjacent single family area; and that an 8' fence be provided somewhere near the middle of the buffer area. Mr. Willis requested flexibility, which would be dictated by the design and approval of a new grading plan in locating the fence. He stated that lighting would be oriented toward the parking lot. A motion was made and passed for approval subject to construction of a fence not to exceed 8', and the developer to be given the option, at his discretion, to move the fence inward 12.5'. The vote: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. C NAME: LOCATION: AGENT: Geoff Treece Phone: 374 -9977 nViTVT nnVn . Rick's, Inc. /Larry Garrison 7th and Thayer Little Rock, AR 72205 Phone: 374 - 3801/834 -2122 'Whitewater "Short -Form PCD" (Z -4704) 7th and Thayer Streets DESIGNER: Paul Davenport Phone: 376 -4411 AREA: 33,298 sa. ft. NO. OF LOTS: ZONING: 11R -3, 11R -2, "I -2" to PCD PROPOSED USES: Commercial Restaurant A. Proposal FT. NEW ST.: 0 (1) To provide continued use of a commercial restaurant building on 33,298 square feet. (2) To provide a paved parking area. (3) To enhance the site through landscaping, fencing and paving. (4) To allow for the addition of a barbeque smoker, which increases the building size from 2800 square feet to 2965. (5) Parking includes 28 spaces. (6) Landscaping /screening - 6' wooden privacy fence will be built to the rear and along the south side of the building and between the existing building and a house just north of the northern boundary line. September 9, 1986 SUBDIVISIONS Item No. C - Continued (7) Development schedule - Fencing, landscaping - 1 year - Curb, gutter and parking lot - 2 years B. Enqineerinq Comments (1) No exterior landscaping has been shown around the parking lot. (2) Street improvements and right -of -way on Thayer Street shall be required. (3) Detention calculations and detention facility locations shall be shown on the preliminary plat. (4) Parking lot shall be redesigned in the area of the railroad right -of -way, due to inadequate turning radius. Contact the Traffic Department. C. Analysis This is currently a nonconforming use with a long history of dealings with the City. Further information will be provided at the meeting. The parking lot is inadequate. D. Staff Recommendation To be provided at the meeting. SUBDIVISION COMMITTEE REVIEW: The applicant was informed that he needs 30 parking spaces. Land use was identified as the predominant issue. PLANNING COMMISSION ACTION: 1 Staff stated its recommendation as denial and explained that this was a nonconforming use, with no parking that had been September 9, 1986 SUBDIVISIONS Item No. C - Continued expanded without benefit of a building permit. The expansion was cited by the Enforcement Department. The item was then taken to the Board of Adjustment for interpretation. They ruled that it was, indeed, nonconforming. Mr. Geoff Treece of Davidson Law Firm represented the applicant. He explained that they were under contract with Sims Barbecue. who was operating from an existing slab on the back of the kitchen of the building. The State Health Department informed them that it would have to be screened and covered. They did not feel that it was an expansion because of the existing slab. After the Board of Adjustment disagreed, they were informed that their only alternative was to seek rezoning. He went on to explain that this proposal added a parking lot with 37 spaces, curb and guttering and fence. It was an attempt to upgrade the area. Commissioner Jones identified the issue as one of use and whether the Commission would allow continued use. Mr. Treece's response was that they were trying to upgrade the area and provide the City with a trade -off, or a concession to the City since they were going to be there regardless of whatever this Commission took. Their wish, also, was not to inconvenience their relationship with Sims Barbecue. If a trade -off was denied, then there would be still a gravel parking lot and no curb /guttering. He felt that this was the best use for the property. A revised plan addressing Engineering concerns was presented. Staff reported that Mr. Steve Turnaprovitch, who lived next door to the restaurant, had called and stated opposition. The neighborhood was represented Ms. Pilachowski of 2612 West 6th Street, a member of the C.D.B.G. Committee of the area. She explained that they were very upset that the applicant was asking for approval after the addition had been made. She felt that this would interfere with traffic, and parking in the area and be detrimental to the enjoyment and use of the property of residents in the area. She disagreed with Mr. Treece's claim that this was the best use for the property. She felt that residential use was best. Also, there was a complaint that this was not in the best interest of the neighborhood since those residents did not frequent the bar. She felt it served mostly patrons from other areas like the Heights and Pleasant Valley. Mention was made of the extreme amount of smoke that was a nuisance ? to the area. } September 9, 1986 SUBDIVISIONS Item No. C - Continued The Commission then entered into a discussion of the issue. It was noted that it was now zoned for a more intense use ( "I -2 ") than would be provided if this PCD was approved. One Commissioner felt that previous consideration of this case yielded a strong stand against commercial rezoning of the property; thus, resulting in the granting of a conditional use permit. Another felt that this submission provided a substantial difference since it provided an opportunity to upgrade the area and restrict the use of the property to a less intensive use by eliminating the "I -2" zoning on the parking lot property. It was felt that the trade -off presented more positives than negatives. Further discussion yielded more comments from the Commission referring to the extensive amount of time spent considering the nonconforming status of this property, and expressing concern that the applicant still constructed an illegal expansion. It was noted that the industrial use on this property would not be offensive, since it would probably consist of a lumber storage yard at the most; and to allow additional parking would encourage continued success of the business and create more traffic. Commissioner Jones felt that the applicant had not held up their part of the bargain and a dangerous precedent would be set by giving them credibility through approving commercial zoning. Commissioner Ketcher felt that the presented a good use of the land. A motion for approval was made and automatically deferred for 30 days because of a split vote. The vote: 4 ayes, 4 noes and 3 absent. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was not present. There was no further discussion of the item. September 9, 1986 SUBDIVISIONS Item No. C - Continued PLANNING COMMISSION ACTION: (9-9-86) The application was presented by Mr. Geoff Treece. Staff reported that a letter in opposition had been received from the C.D.B.G. Committee. Mr. Treece stated that he had received six letters favorable to the proposal from owners within 200 feet of the site. He sent letters to owners of 19 tracts, four of which are owned by the State or City. He also stated disagreement with the opposing letter from the C.D.B.G. Committee, since he felt that this was not an expansion of a nonconforming use, but an improvement to the area. He also stated that the Courts had recognized that the structure would continue to be at its present location. He felt that the proposal offered a trade-off to the City and would allow the continued business relationship with Sims' Barbecue which was vital to the success of the business. Mrs. Dorothy Pilachowski represented the C.D.B.G. Committee. She questioned whether the letters sent were to owners or renters. She was informed that the abstract list was the source of the names. She also reiterated the opposing views expressed by the C.D.B.G. Committee. Mr. Mike Turna-provitch, who lives on property abutting the Whitewater requested a privacy fence adjacent to his property and the removal of a dumpster nearby that currently attracts flies. He asked that the fence be built in less than one year as proposed by the applicant. The applicant agreed. Mr. Leland Sikes of 201 Thayer was concerned about the high volume of traffic during happy hour and the large liquor trucks going to and from the site. He initially asked that something be done to curtail traffic. The Traffic Engineer, however, felt that STOP signs and other measures were not appropriate for addressing the problem mentioned. Mr. Sikes then revised his comments and asked for denial of the request, which would solve the traffic problem by eliminating the business. A motion for approval as amended was made, subject to: (1) providing fencing and landscaping in 30 days and (2) providing improvement of the parking lot within one year. The motion passed by a vote of 9 ayes, 2 noes and 0 absent (no votes - Sipes, Nicholson). September 9, 1986 SUBDIVISIONS Item No. C - Continued Reasons for disagreement with staff were based on a belief that the trade -offs offered were in the best interests of the neighborhood. It was felt that the current "I -2" zoning would allow uses more detrimental than The Tavern, the fact that the structure has been in existence for over 40 years, and that it will continue to be in existence (as determined by the courts) also had an impact. September 9, 1986 SUBDIVISIONS Item No. D NAME: LOCATION: OWNER /APPLICANT: Asher Avenue - Conditional Use Permit (Z -4682) The Southeast Corner of Manor Road and Asher Avenue (8421 Asher Avenue) Rayburn Burris /Marcus Miles PROPOSAL: To obtain a conditional use permit which would allow the continuance of a 1400 square feet auto repair garage and an adjacent used car sales lot on land that is zoned "C -3." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to an arterial street (north, Asher Avenue). 2. Compatibility with Neighborhood This property is abutted by commercial uses on the north, west and east. A single family use is located to the south (the houses as well as both commercial uses are owned by the same person). The proposal contains nothing that does not already exist. The staff does not foresee any adverse impact to the surrounding area. 3. On -Site Drives and Parkin The entire area in front of the auto repair garage is paved. The pavement extends into Asher Avenue. The used car lot is also paved and has a paved access on to Asher Avenue. September 9, 1986 SUBDIVISIONS Item No. D - Continued 4. Screenina and Buffers No landscape plan has been submitted. 5. Analysis The proposal will not change anything that does not already exist. The property is surrounded on three sides by commercial uses. The staff does not foresee any adverse impact to the surrounding area as a result of this proposal. The applicant will, however, be required to meet City landscape requirements. 6. City Engineering Comments The applicant will be required to dedicate the necessary right -of -way to a total of 50' on their side of Asher Avenue. 7. Staff Recommendation Approval, provided the applicant agrees to: (1) meet City landscape requirements; and (2) dedicate the necessary right -of -way on Asher Avenue. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to make an effort to comply with staff recommendations. The applicant stated that he would meet with the Environmental Codes staff about potential landscape requirememts and that he would ask the owner of the property to dedicate the necessary right -of -way on Asher Avenue. September 9, 1986 SUBDIVISIONS Item No. D - Continued PLANNING COMMISSION ACTION: (7 -8 -86) The applicant was not present. The staff stated that they had not received proof of notice and recommended deferral of this item until the August 12, 1986, Planning Commisison meeting. The Commission voted 7 ayes, 0 noes and 4 absent to defer this item until the August 12, 1986, Planning Commission meeting. SUBDIVISION COMMITTEE REVIEW: (7- 31 -86) The applicant was not present. The item was not discussed. PLANNING COMMISSION ACTION: (8- 12 -86) The applicant was present. Staff stated that the applicant had not met proper notification procedures. The applicant stated that the owner would not dedicate the required right -of -way on Asher Avenue. The Commission stated that they could not endorse this project without the required street dedication. The Commission then voted 10 ayes, 0 noes, 1 absent to defer this item until the September 9, 1986, Planning Commission meeting. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was not present. The item was not discussed. September 9, 1986 SUBDIVISIONS Item No. D - Continued PLANNING COMMISSION ACTION: (9 -9 -86) The applicant and the owner were present. The owner agreed to dedicate the necessary right -of -way on Asher Avenue that included all of the frontage of Lot 50 and 1/2 of the frontage of Lot 49. The Commission then voted 11 aves, 0 noes to approve the application as recommended by the staff and agreed to by the owner /applicant. September 9, 1986 SUBDIVISIONS Item No. E NAME: Agape Church - Conditional Use Permit (Z- 3789 -A) LOCATION: The Southeast Corner of Napa Valley and St. Charles Blvd. (701 Napa Valley Drive) OWNER /APPLICANT: Agape Church /Joe D. White PROPOSAL: To construct 138 new parking spaces (after closing Turtle Creek Drive) on three lots (Lots 105, 127, and 144, Turtle Creek Subdivision) all zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to a minor arterial street (Napa Valley Drive) and a collector street (St. Charles Boulevard). 2. Compatibility with Neighborhood The three lots are abutted by single family uses on the north, Church on the south, vacant land on the east and multifamily on the west. The Church use exists. The proposed use (parking) would be compatible provided it was properly landscaped and screened from the single family area located to the north. 3. On -Site Drives and Parking The Church has two existing access drives (Napa Valley Drive) with no further access proposed. The Church also has 252 existing parking spaces with an additional 138 spaces proposed. 1 September 9, 1986 SUBDIVISIONS Item No. E - Continued 4. Screening and Buffers The applicant has proposed the construction of a 6' brick fence (on top of a berm) along the north line of Lots 127 and 144 as well as the realignment of the curb along St. Charles Boulevard (plus landscaping). The proposal also contains landscaping and a 6' brick fence on the north line of Lot 105. 5. Analysis The staff feels that the proposed use is compatible with the surrounding area due to the fact that all the single family structures are below grade and the fact of the proposed extensive fencing and landscaping work. The staff does, however, have some question about the possible preclusion of a parking use within the existing Bill of Assurance. The staff also recognizes the fact that other land is available for parking on -site. In addition, the Fire Department will not recommend approval unless they are assured of on -site water lines for fire protection (3 fire hydrants - 1 on the lower portion of each access drive and 1 adjacent to the Church building). Finally, approval of this proposal is subject to the approval of the closure of Turtle Creek Drive. 6. City Engineering Comments Physically close Turtle Creek Drive by continuing the curbing and sidewalks on St. Charles Boulevard which has been shown as a proposed entrance into the Church (if closure is approved). 7. Staff Recommendation The staff recommends approval of the proposed use subject to: (1) the applicant agreeing to provide on -site fire protection for the entire Church property; (2) the approval of the proposed street closure; (3) City Engineering Comments; (4) the applicant proving that the construction of a parking facility is allowable (as per private restrictions); and (5) exploration of other possible parking areas on -site. f September 9, 1986 SUBDIVISIONS Item No. E - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. The applicant also stated that there were private restrictions pertaining to the proposed use. The staff stated that it simply wanted to point out the issue of private restrictions on the property. PLANNING COMMISSION ACTION: (8- 12 -86) The applicant was present. The staff stated that proper notification had not been made and recommended that the item be deferred on the September 9, 1986, Planning Commission meeting. The Commission voted 11 ayes, 0 noes to defer this item until the September 9, 1986, Planning Commission meeting. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was present. The staff stated that proper notification had been received and also recommended that the applicant modify their existing proposal to include a 50' open space (undisturbed area) along the north line of Lots 105, 127 and 144, and on the east line of Lots 105 and 127, and as well as the west line of Lot 105. The staff also recommended that a brick fence be extended along the perimeter of the recommended buffer area. The staff also requested that the applicant meet with the neighbors prior to the September 9, 1986, Planning Commission meeting. The applicant stated that he was revising his proposal to include two large parking lots on the south portion of the church property. The staff stated that they did not have a revised proposal. The applicant stated that they would submit a revised plan and meet with the neighbors. r September 9, 1986 SUBDIVISIONS Item No. E - Continued PLANNING COMMISSION ACTION: The applicant was present and was represented by Dave Thomas, Attorney, Happy Caldwell, Pastor and Joe White, Engineer. The opposition was represented by Hal Kemp, Attorney for the Turtle Creek Property Owners Association, Victor Fleming, Attorney for General Properties, and Tim Mackenzie, a resident of Turtle Creek. The staff stated that they had received a revised site plan /proposal that contained a three phase parking plan. Phase I was two large lots (107 spaces) located on the southern portion of the property. Phase II was a 68 space addition to the existing parking lot located on the north portion of the property. Phase III was 70 spaces located on three lots of Turtle Creek Subdivision. The staff recommended approval of Phase I, II and III subject to the inclusion of a 50' buffer and landscaping as outlined in the Subdivision Committee meeting of August 28, 1986. Mr. Kemp stated that they had no problem with Phases I and II, but they opposed Phase III primarily due to a preclusion in the Bill of Assurance which prohibited anything other than a single family use. Mr. Fleming stated that his client, General Properties, had sold the lots in Turtle Creek to the church for use as single family and had made an offer to buy them back from the church. Mr. Mackenzie stated that a parking lot use located at the entrance of the subdivision, would devalue the homes in the existing Turtle Creek Subdivision. The City Attorney stated that the Bill of Assurance issue was between private owners and that the parking lot issue was land use issue which could be dealt with by the Commission. The Commission then voted 10 ayes, 1 no (Ketcher) to approve Phase I and II of this proposal (a total of 175 new parking spaces). 1 September 9, 1986 SUBDIVISIONS Item No. F NAME: LOCATION: OWNER /APPLICANT: Bible Church of Little Rock Conditional Use Permit (Z- 4032 -A) The Northwest Corner of Breckenridge Drive and I -430 (10,618 Breckenridge Drive) Bible Church of Little Rock/ Olin H. Wright, Architect PROPOSAL: To construct a one -story addition (9,050 square feet) (classrooms and nursery) for a school (K -5 years old through 9th grade /260 students) and to remodel and enlarge the existing sanctuary (from 425 to 605 capacity) on land that is zoned "R- 2 " /C.U.P. ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to an interstate (No. 430) and a collector street (Breckenridge Drive). 2. Compatibility with Neighborhood The Church and the school are existing uses. The proposed construction is generally oriented away from the existing single family structures. If the existing trees and shrubs (especially north and west) are maintained the compatibility of the proposal would be greatly enhanced. The proposed use is compatible with the surrounding area. 3. On -Site Drives and Parking This site has two 24 -feet wide access drives on Breckenridge Drive. The site also contains 108 paved % parking spaces. September 9, 1986 SUBDIVISIONS Item No. F - Continued 4. Screening and Buffers No landscape plan has been submitted. The applicant plans to protect the wooded area located on the north property line. 5. Analysis The staff feels that the proposed use is compatible with the surrounding area. The staff is concerned, however, about landscaping and parking. The applicant needs to ensure that the existing trees and vegetation remain along the north and west property line in addition to meeting landscape ordinance requirements. The site is also deficient in parking as per ordinance requirement. The proposal contains 108 parking spaces while the ordinance requires 121 spaces. The City Traffic Engineer has asked that 8 proposed or existing spaces be deleted (located within the easternmost drive). The applicant has provided a copy of an agreement which allows the Church the use of Breckenridge Village parking area on Sundays. The staff feel that this is an adequate overflow parking area as long as the church can ensure that their members park on it. 6. City Engineering Comments (1) The site does not show any landscaping; (2) the entrance on the east side of the property should be a minimum of 20 feet wide - delete parallel parking spaces. 7. Staff Recommendation Approval, provided the applicant agrees to: (1) leave the existing vegetation on the north and west property lines and meet City landscape requirements; (2) delete 8 parking spaces that lie within the easternmost access drive; and (3) provide assurance that the Church members use the overflow parking area in Breckenridge Village. September 9, 1986 SUBDIVISIONS Item No. F - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. Commissioner Rector stated that Breckenridge Village Shopping Center was about to be sold and that a written guarantee of parking privileges would be required from the new owners. The applicant agreed to comply. The staff also stated that the Water Works required on -site fire protection. The applicant agreed to comply. PLANNING COMMISSION ACTION: (8- 12 -86) The applicant was present as were six concerned neighbors. The staff stated that they had received a revised site plan as well as signoffs from the Water Works /Fire Department. The applicant stated a parking guarantee from the potential new owners of Breckenridge Village was not possible until someone had actually purchased the property. Staff stated that they had received two calls expressing concern about the parking around the church property (Mr. Fox and Mr. Snow). Staff also stated that they had received a written commitment from the church which indicated methods that the church would use to encourage members to park in the Breckenridge parking lot. The staff expressed some concern about the parking arrangement. Mr. Snow spoke about parking problems on the street and on Sunday (Breckenridge Drive). He asked that the parking be eliminated from Breckenridge Drive on the single family side away from the church. Another neighbor expressed concern about the size of the school as well as the parking problems. The Commission asked the staff about the proposed parking. The staff stated that the revised site plan included 99 spaces and that the ordinance required 121 spaces but that the ordinance allows up to 25 percent of parking to be off -site. Mr. Jack Larrison, representing the Walnut Valley Property Owners Association, stated that they did not receive a notice. The staff stated that the Homeowners Association was on the abstract list but that no address was given. Mr. Larrison requested that this item be deferred to allow them more time to evaluate the proposal. The staff also requested the applicant to consider what the maximum enrollment of the school would be. The Commission then voted 8 ayes, 0 noes, 3 absent to defer this item until the September 9, 1986, Planning Commission meeting. 3 September 9, 1986 SUBDIVISIONS Item No. F - Continued SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was present and stated that the church members will not park on the south side of Breckenridge Drive adjacent to the single family areas. The applicant also submitted a revised site plan that illustrated parking for 121 cars and asked that his plan be phased with Phase I construction consisting of the additional classroom building and Phase II being the expansion of the sanctuary. The applicant asked that the additional parking area be deferred until Phase II construction begins. Finally, the applicant stated that the maximum enrollment of the school would be 350 students and that they had met with the neighbors. PLANNING COMMISSION ACTION: The applicant was present. There were two objectors present. Mr. and Mrs. George Fox. Mr. Tom Miller spoke in behalf of the church. The staff stated that they had received a revised site plan. Staff also recommended that the application be approved provided that the applicant agree to construct the parking during the first phase of construction. Mr. Fox stated that the neighbors had concerns about the parking problem and that Breckenridge Drive actually served as a heavy traffic route between Rodney Parham and Shackleford Roads. The applicant agreed to construct the additional on -site parking during Phase I, to make every effort to keep church members from parking on the south side of Breckenridge Drive on Sundays, and to continue assisting (busing) church members that park on the overflow area on Breckenridge Village Shopping Center. The Commission then informed the applicant that one provision of the approval of the conditional use would be that the church continue to keep its members from parking on the south side of Breckenridge Drive adjacent to the single family area. The Commission then voted 11 ayes to approve the application as recommended by the staff and agreed to by the applicant. September 9, 1986 SUBDIVISIONS Item No. G NAME: Washington Street Day -Care Conditional Use Permit (z -4702) LOCATION: The Northeast Corner of Washington Street and West 13th Street (1221 South Washington) OWNER /APPLICANT: Sherry Cobb PROPOSAL: To convert an existing single family structure to a day -care center (capacity 24 children) on land that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location The intersection of two residential streets (Washington and West 13th Street). 2. Compatibility with Neighborhood This site is surrounded on three sides by single family uses and by a duplex on the east. A commerical strip lies just to the north on West 12th Street. The proposed use is compatible with the surrounding area. 3. On -Site Drives and Parking No access or parking area is shown on the site plan. 4. Screening and Buffers No landscape plan has been submitted. September 9, 1986 SUBDIVISIONS Item No. G - Continued 5. Anaylsis The staff supports the proposed use for this site. The applicant does, however, need to submit a revised site plan that includes 5 paved parking spaces and an access drive. The applicant will also be required to meet City landscape requirements. 6. City Engineering Comments The site plan does not show an area for parking nor does it show the drop -off area. 7. Staff Recommendation Approval, provided the applicant agrees to: (1) submit a revised site plan that includes 5 paved parking spaces and an access drive; and (2) meets City landscape requirements. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to meet City landscape requirements and to meet with the City Traffic Engineer to resolve the access and parking issue. PLANNING COMMISSION ACTION: (8- 12 -86) The applicant was present. The staff stated that the applicant was unable to meet ordinary notification requirements. The Commission voted 11 ayes, 0 noes to defer this item until the September 9, 1986, Planning Commission meeting. September 9, 1986 } SUBDIVISIONS Item No. G - Continued SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was not present. The item was not discussed. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes to approve the application as recommended by the staff, reviewed by the Subdivision Committee and agreed to by the applicant. September 9, 1986 SUBDIVISIONS Item No. H NAME: Unity Church Conditional Use Permit (Z -4706) LOCATION: The West Side of Reservoir Road Just South of Claremore Drive (2610 Reservoir Road) OWNER /APPLICANT: Unity Church of Little Rock/ Terry Burruss PROPOSAL: To construct a 592 square feet education /multipurpose addition and a future two -story 1,650 square feet addition to an existing facility on land that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to a minor arterial (Reservoir Road). 2. Compatibilitv with Neiqhborhood This is an existing Church use that is abutted by a single family use to the south, vacant land to the north and west and a lake to the west. The use is compatible with the surrounding area. 3. On -Site Drives and Parkin One existing 23' wide access drive (from Reservoir) serves this property. The site also currently contains 88 paved parking spaces (plus 10 overflow). 4. Screening and Buffers The site has a 6' board fence on the west property line and also for a portion of the south line adjacent to a single family use. September 9, 1986 SUBDIVISIONS Item No. H - Continued 5. Analysis The staff feels that a Church use is compatible with the surrounding area. The staff does not have any problems with this proposal but does need a revised site plan which dimensions the proposed additions. The applicant will also be required to meet City landscape requirements. 6. Citv Engineering Comments From the safety standpoint, the staff recommends the redesigning of the access drive to Reservoir Road by relocating it approximately 20' to the south. 7. Staff Recommendation Approval, provided the applicant (1) submits a revised site plan that includes the dimensions of the proposed addition; (2) agrees to meet City landscape requirements; and (3) subject to City Engineering Comments. SUBDIVISION COMMITTEE REVIEW: The applicant stated that the drive was in place and that realignment should probably take place in conjunction with the future reconstruction of Reservoir Road." The City Engineer agreed and withdrew his comment regarding the realignment of the existing drive. The staff stated that the Water Works had said that a water main extension would be required. The applicant did not understand the comment by the Water Works but stated that they would check with the Water Works as well as submit a revised site plan that would include the dimensions of the proposed additions and landscaping as per City ordinance requirements. September 9, 1986 SUBDIVISIONS Item No. H - Continued PLANNING COMMISSION ACTION: (8- 12 -86) The staff stated that the applicant had requested a deferral until the September 9, 1986, Planning Commission meeting. The Commission voted 11 ayes, 0 noes to defer this item until the September 9, 1986, Planning Commission meeting. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. The item was not discussed. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes to approve the application as recommended by the staff, reviewed by the Subdivision Committee and agreed to by the applicant. September 9, 1986 SUBDIVISIONS Item No. I NAME: ---- -r LOCATION: DEVELOPER /ENGINEER: Orson Jewell #27 Vista Drive Little Rock, AR 72210 Telephone: 225 -8430 Tanphil Addition The East Side of Highway 10; South of Taylor Loop AREA: 10.94 Acres NO. OF LOTS: 30 FT. NEW STREET: 1,300 ZONING: "R -2" PROPOSED USES: Single Family VARIANCES REQUESTED: Cul -de -sac length A. Existinq Conditions This proposal is located south of Highway 10. The general area consists of mixed uses, which include a Pet Shop and Veterinary Clinic abutting on the immediate north. Taylor Loop Creek runs through the middle of the property. It appears that approximately 90 percent of the site is located in the floodway. B. Development Proposal The applicant is proposing to plat 10.94 acres into 30 lots for single family use and 1,300' of new street. Access from Highway 10 is proposed through a 27' cul -de -sac, Tanphil Circle, that is approximately 1,200' in length. A 50' drainage easement is proposed along the western and southern boundaries. C. Analysis This proposal presents multiple problems. Foremost, is advice from the City's Engineers that the plan cannot be done as proposed. Before any of this is done, September 9, 1986 SUBDIVISIONS Item No. I - Continued an approved hydraulic study by Engineering and FEMA must be obtained showing revisions to the floodway. Secondly, the applicant can't rechannel the ditch as proposed, without an aqreement from abutting property owners who will possibly be impacted. Additionally, (1) the floodway and floodplain should be shown on the plat; (2) a cul -de -sac waiver is needed; (3) an access easement with participation on the abuttinq property owners to the north should be indicated, since Tanphil crosses their property and it provides the only access to this site; (4) in -lieu contributions are required for Highway 10; (5) Tanphil Circle should be called Tanphil Court. D. Staff Recommendation Denial as filed. SUBDIVISION COMMITTEE REVIEW: The applicant, Mr. Orson Jewell, requested a 60 -day deferral so that he could address the comments made by staff. WATER WORKS COMMENTS - Water main extension is required. PLANNING COMMISSION ACTION: A motion was made and passed to defer this item for 60 days. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The staff reported that the applicant had requested a 60 day deferral. September 9, 1986 SUBDIVISIONS Item No. I - Continued PLANNING COMMISSION ACTION: (9- 12 -86) A motion _for a 60- day.deferral as requested by the applicant was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. J NAME: LOCATION: DEVELOPER: Darbe Development Co. 12,015 Hinson Road Little Rock, AR 72212 Phone: 376 -8142 AREA: 50.0 acres ZONING: "R -2" PROPOSED USES: Pleasant Heights Subdivision West of Hillsborough ENGINEER: Edward G. Smith and Associates 401 Victory Little Rock, AR 72201 Phone: 374 -1666 NO. OF LOTS: 73 Single Family VARIANCES REQUESTED: None A. Existing Conditions FT. NEW ST.: 7,200 This property is located to the west of areas that are primarily developed and developing as single family. The First Baptist property abuts on the north., Beckenham and Hillsborough connect on the west and Marlowe Manor, 5th Addition borders on the southeast. The land involved consists of a large amount of unplatted property that is very steep. Elevations range from 550' to 817.7'. B. Development Proposal This is a submittal to plat 50 acres into 73 lots and 7,200' for single family use. The applicant is asking that all sidewalks be waived, except for those required on collector streets. Reasons for requesting included: (1) the steepness of the property; (2) problems with side hill cuts, which will be compounded by sidewalks; (3) lack of sidewalks in adjacent developments; and (4) lots in Pleasant Heights are extremely, thus eliminating density. September 9, 1986 SUBDIVISIONS Item No. J - Continued C. Engineering Comments (1) The engineer should work in conjunction with the adjoining property owner's engineer in order for Beckenham Drive to be properly aligned. As of this date, there is another preliminary plat that shows Beckenham Drive which does not match on the Section 31 line. (2) Intersection designs on two of the streets connecting with the collector street on this plat are not acceptable due to the street grades at the intersections. (3) Stormwater detention calculations and location of facilities shall be shown on the preliminary plat. D. Analysis Staff views this submission as inadequate based on the technical requirements of the Subdivision Ordinance., There was not a sufficient attempt to dimension lots, right -of -way width, building lines, etc. The applicant is asked to explain his actual submittal, since only a small portion of the property has been divided into lots. Staff is reluctant to support a plat with this much of open space. Access should be shown to any landlocked parcels. Noticeis required. A 30' building line is required on collectors. E. Staff Recommendation Reserved until further information provided. SUBDIVISION COMMITTEE REVIEW; The issue was identified as the alignment of Beckenham from the south, with this proposal. This applicants Engineer, and Mr. Bob Richardson, Engineer for the Hillsborough Subdivision that abuts on the south, had reached an impass as to the location of this Street. Mr. Richardson stated that Mr. White's alignment would cause him to lose 12 lots. September 9, 1986 SUBDIVISIONS Item No. J - Continued Mr. White felt that Mr. Richardson's alignment makes it financially impossible to build on both sides of the street. The City Engineering Department was asked to determine from a purely traffic and buildable design, which alignment is better. Staff was requested to seek an opinion from the City Attorney's Office as to what is to be used a guide in reaching a decision. Other issues identified included the sidewalk waiver request and the inadequately detailed plan. The applicant agreed to submit a revised plat and work out intersection design. Staff suggested that the Commission endorse only the eastern portion of this plat. It was felt that there may be collectors, or other issues to be dealt with on the larger tract in the future, so there should not be an appearance of endorsement. The applicant does not know how he wants to plat the larger area at this time. j WATER WORKS - Phase I - Water main extension required. Maximum floor elevation is 695 feet, tank site on Lot 493 and 500. Twenty -five (25) foot easement along the north line of Lots 501 -504. Map does not show Municipal Water Works. SEWER - Sewer main extension required. PLANNING COMMISSION ACTION: The applicant was present. Staff stated concern with the plat's lack of: (1) compliance with the technical requirements of the Subdivision Ordinance, (2) nonindication of relationship to future collectors to the west. The major issue, the alignment of Beckenham, has been worked out with Engineering prior to the meeting. Information had been received from the City Attorney's Office stating that the location of the collector should not be based on who gets how many lots, but on the best location as related to engineering design. One concern resident was present. September 9, 1986 SUBDIVISIONS Item No. J - Continued Mr. Joe White represented the developer. He stated that no waivers were requested, and there were two remaining issues: (1) relation of property to future collectors, (2) lack of street names shown on the plat. He stated that street names weren't known at this time, but would be known before the final plat. He requested that this issue not hold up approval of the plat. Regarding the former issue, he explained that there would be connection of this plan with the area to the southwest, due to the extreme hillsides, south of the water tank. The area shown as future development will have access on Parkway Drive through St. Charles. There will be a major arterial to the west of the site, but future lot sizes of property in that area were unknown. He modified his proposal to delete the request for sidewalk waivers. Mrs. Kathleen Olsen of #7 Chelsea, president of the Hillsborough Property Owners Association, was present. The residents were concerned with the lack of information and forethought on property to the west. She requested that the Commission and staff gather more information. She also feared extension of the Water Works Road, increased traffic through only one access point, Saddle Hill Drive and Hillsborough. It was requested that a very detailed Bill of Assurance be submitted and that the developer indicate how this plan relates to individuals in Hillsoborough. There was discussion as to what should be reflected on the plat in the area identified for future use. Staff wanted to see a Master Street Plan alignment, and received some basic information on an estimated number of lots, how the roads would connect, and phasing. One commissioner questioned whether or not it was reasonable to tie 73 lots into a 27 -foot street. Mr. Bob Richardson of the neighborhood requested assurance that another stub street near Lots 58 and 59 would not be extended through Hillsborough. Mr. White explained that it would not, and that the Water Works Road would not be extended. A motion for a 30 -day deferral, so as to provide more basic information on street alignments to the west, was made and passed by a vote of 9 ayes, 0 noes and 2 absent. September 9, 1986 SUBDIVISIONS Item No. J - Continued SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant submitted a revised plan that indicated the additional information requested by staff and the Commission. PLANNING COMMISSION ACTION: (9 -9 -86) The applicant was present. Ms. Kathleen Olsen represented the Hillsborough Property Owners Association. The issues for discussion were identified as: (1) the amount of traffic through the adjacent Hillsborough Subdivision, and (2) phasing and timing of the improvements to Beckenham. The City Traffic Engineer reported that Phases I and II would add about 640 cars (10 household trips per), which would place Saddle Hill Drive right at the limit of 2,800 cars; and that there would be a traffic overload until Beckenham is built. Ms. Olsen presented a diagram indicating the effects of traffic on Hillsborough. She suggested that Morrison Road be extended as an alterative, but was informed that this was required to be a cul -de -sac by previous Commission action. She stated concerns about drainage and expressed a fear that this plan may be premauture since all of the trafifc feeds to the east through one street. Other spokespersons from the neighborhood were: Mr. Bob Richardson and a Mrs. Reinhart. Finally, a motion for approval was made and passed, subject to: (1) Phases III and IV being developed only when Beckenham is constructed, (2) platting of 38 acre parcel on the north as one lot, and (3) approval of the cul -de -sac variance because of the topography. The vote: 9 ayes, 1 no and 1 absent. (No vote Commissioner Riddick.) September 9, 1986 SUBDIVISIONS Item No. 1 NAME: Cedar Ridge Two LOCATION: The north side of Kanis at Parkway Place Drive DEVELOPER: ENGINEER: Winrock Development Co. Edward G. Smith and Associates P.O. Box 1260 401 Victory N. Little Rock, AR 72115 Little Rock, AR 72201 Telephone: 663 -5340 Telephone: 374 -1666 AREA: 20 .Acres NO. OF LOTS: 72 FT. NEW STREET: 3,250 ZONING: "R -2" PROPOSED USES: Sinqle Familv VARIANCES REQUESTED: Double frontage lots (17, 18 and 19, Block 7) A. Existing Conditions The property involved is located in an area that is developing as single family. Elevations range from 470 feet to 550 feet. There are no street improvements on Kanis or Nix Road. B. Development Proposal This is a proposal to subdivide 30 acres into 72 lots for single family development and four tracts for an undetermined use. New streets will consist of 4,352 feet. A request has been made to allow double frontage lots on 17, 18 and 19, Block 7. C. Engineering Comments (1) Stormwater detention required. (2) One -half street residential standards and riqht -of -way dedication required. September 9, 1986 SUBDIVISIONS Item No. 1 - Continued D. Analysis Staff is concerned about the lack of commitment to a specific use on the southern 100 acres of this proposal. The northern 20 acres is viewed as an extension of a similar type of development that is currently underway in the area. It is recommended that a third phase be shown, if the bottom 10 acres will be comprised of another land use. The applicant is asked to specify intended uses. Staff is favorable to the waiver request provided a 25' platted building setback line is required from both streets and a 10' platted vehicle prohibition zone from Nix Road is provided. Sidewalks should be constructed on Burkwood Drive. A waiver is needed for excessive cul -de -sac length. E. Staff Recommendation Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: It was decided that the southern 10 acres and the northern 20 acres should be considered separately. The applicant was asked to revise the plan and submit it to staff. He also agreed to comply with all other comments. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion for approval was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 2 NAME: LOCATION: Haney Development Co. Lot 12RR, Eagle Commercial Subdivision No. 3 The west side of Geyer Springs, 200 Feet north of Nova Lane Edward G. Smith and Associates 401 Victory Little Rock, AR 72201 Telephone: 374 -1666 AREA: .5 Acres NO. OF ii 0 ZONING: Commercial PROPOSED USES: Commercial VARIANCES REQUESTED: Front setback as shown on plat S. 1 FT. NEW STREET. A. Existing Conditions This proposal is located on a major arterial, and in an area that is developed as commercial. A Mexican Restaurant is located on the site. B. Development Proposal This is a request to replat a 40' building line to 26' to allow for additional dining room space. C. Engineering Comments None. D. Analysis The applicant is asked to submit a letter requesting the waiver and giving justifications. Staff is not opposed, however, to a reduction of the entire building line to 25'; which is now the standard requirement in °C -3° zoning districts. September 9, 1986 SUBDIVISIONS Item No. 2 - Continued E. Staff Recommendation Reserved until comments complied with. SUBDIVISION COMMITTEE REVIEW: The applicant agreed to submit a letter of request for consideration, and a schematic drawing showing the placement of the building on the site. PLANNING COMMISSION ACTION: A motion for approval was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 3 NAME: Bristow Subdivision LOCATION: The 1400 Block of Cooper Orbit Road (north side) DEVELOPER: ENGINEER: Harold and Jane Bristow Olan D. Wilson 14606 Cooper Orbit Rd. 212 Victory Little Rock, AR Little Rock, AR 72201 Telephone: 758 -6271 Telephone: 376 -7222 224 -2810 AREA: 9.4 Acres NO. OF LOTS: 5 FT. NEW STREET: ZONING: Outside City PROPOSED USES: Single Family VARIANCES REQUESTED: 1. Boundary Street improvements 2. Mackey Court Order right -of -way establishment of 50 foot versus Master Street Plan requirement of 60 feet A. Existing Conditions This proposal is located in an area that is developed as rural, single family uses. Elevations ranqe from 450' to 5301. Two parcels have been sold from this ownership. There is an existinq 25' inqress and eqress easement shown, crossing one out - parcel as well as lots two and three; which has been of record for some time and provides access to parcels under ownership for others. On -site waste disposal and water supply systems will serve the site. September 9, 1986 SUBDIVISIONS Item No. 3 - Continued B. Development Proposal This is a proposal to plat 9.4 acres into five parcels for single family use. The plat dedicates 30' for right -of -way on Cooper Orbit Road. A waiver of boundary street improvements is requested. C. Engineering Comments (1) Bad vertical and horizontal site distance on Cooper Orbit. Anything other than "R -2" sinqle family will not have access onto Cooper Orbit from each lot. (2) Stormwater detention required. (3) Right -of- way /street improvements required. (4) Dedication should be reflected from the centerline of the right -of -way. D. Analysis Staff is not favorable to the requested waiver of street improvements. The applicant has stated in his letter that a right- of -wav of 50' has been established by the Mackey Court Order as of June 17, 1970; even though the Master Street Plan requests 60'. Staff asked that the plat encompass the parcels that have been sold and be numbered as lots. The interior roadway should be increased to a 45' private access easement, since it serves several lots and abuttinq ownerships. They should be improved with some type of all- weather two -lane surfacing with 22' to 24' of pavement. The applicant is cautioned that Lot 1, as designed, does not provide for future divisions. Sidewalks should be provided. E. Staff Recommendation (1) Denial of waiver request. (2) Approval of plat subject to comments made. I September 9, 1986 SUBDIVISIONS Item No. 3 - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present. He explained that it would not be possible to do street improvements, since he was not doing what he considered as a large subdivision. Of the two lots sold illegally, one was sold approximately four months ago and another and was done some six years previously. They felt that in some instances, improvements would be a problem because of the terrain. He stated that he was unaware of nonconformity to the regulations when the property was sold. The Committee explained to the applicant that the law must still be adhered to. There was some discussion about talking with the County Circuit Clerk, since Arkansas state law requires that deeds be accepted without a plat. It was thought that some type of phasing plan could possibly provide some type of alternative. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The applicant was requested to amend his proposal to combine Lots 2 and 3 into one lot, provide right -of -way dedication on the other two lots, and to file a 3 -lot final plat. Staff was instructed to research legally and consult with the Assessor's Office on how similar situations can be prevented in the future and report back to the Commission. A motion for approval as amended was made and passed by a vote of: 9 ayes, 0 noes and 2 absent. September 9, 1986 SUBDIVISIONS Item No. 4 NAME: Mabelvale West Industrial Park LOCATION: The south side of Mabelvale West Road, immediately west of Mabelvale Junior High School T1Fx7L'T_nDWO . L'MnTMVV0 . Bowen Road Property, L.P. Garver and Garver, P.A. 11300 Rodney Parham #260 Box C -50 Little Rock, AR 72212 Little Rock, AR 72203 -0050 Telephone: 225 -0905 Telephone: 376 -3633 AREA: 55 Acres NO. OF LOTS: 28 FT. NEW STREET: 3,200 ZONING: "C- 3 " / "I -2" PROPOSED USES: Commercial, Light Industrial A. Existing Conditions This property is located in an area that is developing as industrial and institutional uses. It is bordered on the west by the Otter Creek Industrial Park, on the south by the MO -PAC Railroad and on the east by Mabelvale Junior High School. The Southwest hospital site is located across Mabelvale West Road to the north. An application has been made to rezone the 10 acres adjacent to Mabelvale West Road to "C -3" commercial. B. Development Proposal This is a proposal to plat 55 acres into 28 lots and 3,200' of new streets for industrial use. The Subdivision will be developed in four phases. It is requested that single lot final plats be allowed to accommodate the market needs for lot sizes. C. Engineering Comments None at this time. September 9, 1986 SUBDIVISIONS Item No. 4 - Continued D. Analysis Staff usually does not prefer to allow applicants to final plat on a lot -by -lot basis. However, the applicants request is supported in this instance, as long as the minimum lot requirement is met and length of streets to be constructed are specified according to the phasing plan submitted. Staff has no problems with the plan for phasing. E. Staff Recommendation Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: At a previous Public Hearing, the Commission voted to rezone the front 10 acres to "C -3," and decided that the plat should reflect a permanent, undisturbed area adjacent to the School. The applicant agreed to show a 50° building line, with 10° use for utilities and identify it on the plat and Bill of Assurance as a nonbuildable area with no paving. PLANNING COMMISSION ACTION: The applicant submitted a revised drawing showing a 40° buffer plus 10° utility easement on the side of the buffer where the building is. A motion for approval was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 5 NAME: Pine Shadows Addition LOCATION: East side of Geyer Sprinqs Road immediately north of the Rock Island Railroad DEVELOPER: ARCHITECT: First Consortium, Inc. Eddie Branton 3126 JFK Blvd. 707 Wallace Building N. Little Rock, AR 72116 Little Rock, AR 72201 Telephone: 375 -9010 Telephone: 372 -4930 AREA: 8.72 Acres NO. OF LOTS: 1 FT. NEW STREET: 156 ZONING: "R -2" to PRD PROPOSED USES: Residential /Mobile Home Park VARIANCES REQUESTED: None A. Proposal 1. The construction of 46 mobile home lots on two phases on 8.72 acres. 2. Proiect Data a. Phase I SYMBOL SIZE QUANTITY 1 14'x45' 1 2 15'x55' 4 3 14'x60' 10 4 14'x68' 15 5 24'x68' 3 b. Phase 2 Data not provided. September 9, 1986 J SUBDIVISIONS Item No. 5 - Continued c. Parking 60 spaces (two /unit) 3. Park and Recreation area - 30,00 square feet (900 /unit) 4. Outside storaqe area - 1,650 square feet (50 /unit) B. Engineering Comments: 1. 20' maximum radius on private street. 2. Stormwater detention required. 3. Talk with Traffic Enqineer, Henk Koornstra, for his comments. C. Analysis This is a request for PUD approval for a mobile home park. It is located on property that the Commission recently considered request for rezoninq and subdivision of the land to provide for a mobile home park. The applications were approved by the Commisiion, but denied by the Board. Staff supported them. Principle objectives with persons living outside the City. In his submittal letter, the applicant stated that this proposal reflects "a mobile home park with clustered units in -lieu of the normally expected parking lots for house trailers." He feels that this concept for development provides the tenants with a family home environment, addresses an urgent need in the City, and addressed a situation that is forcing some of the City's residents to live in the County against their will. The applicant is asked to identify differences between this plan and the previous one; identify the "clustered units" referred to; and indicate whether lot sales will be involved. If they are, this proposal will need to comply with "R -7" requirements. Staff is concerned that resubmission of this plat violates a Board policy against reconsiderinq September 9, 1986 SUBDIVISIONS Item No. 5 - Continued proposals previously considered. Staff feels that this proposal would provide affordable housing and supports this use in this area and other areas of the.City; however, we ask that the Commission not accept this applications based on Board policy. D. Staff Recommendation Staff supports the land use, but urges that the application not be accepted. SUBDIVISION COMMITTEE REVIEW: The application was discussed. It was decided that further guidance from the City Attorney was needed regarding the Board's policy. Staff agreed to get an opinion before the Public Hearing. PLANNING COMMISSION ACTION: The applicant was present. There was further discussion regarding whether or not acceptance of the application was in violation of Board policy. The City Attorney present stated that he did not receive the request in time to prepare a written opinion. A motion was made to defer the item for 30 days to allow enough time for the City Attorney to prepare a legal opinion and send a copy of the opinion to Mr. Randy Frazier, the applicants attorney. The motion was made and passed by a vote of 9 ayes, 0 noes and 2 absent. September 9, 1986 SUBDIVISIONS Item No. 6 NAME: Southwest City Mall Revised Site Plan Review LOCATION: I -30 and Geyer Springs APPLICANT: Edward G. Smith and Assoc. 401 Victory Little Rock, AR 72201 Telephone: 374 -1666 REQUEST: To expand an existing store and revise the parking lot. r�nnr�nc� r r _ (1) The revision of a commercial shopping center on 26.47 acres. (2) Development Statistics: (a) Parcel 1 Building area ................. 55,728 square feet Landarea ........................ 6.0 acres Building /land ................... .213 Parking .......................... 302 spaces (B) Parcel 2 Building area .................179,891 square feet Land area .......................20.47 acres Building /land ................... .201 Parking.......................... 908 spaces Total square footage.......... 235,619 square feet (3) Engineering Comments (a) Show driveway improvements for 200' east of Geyer 1 Springs (no cross -flow traffic - Parcel 1) (b) Two -way traffic required. September 9, 1986 SUBDIVISIONS Item No. 6 - Continued (c) Continous curb required. 4. Analysis Staf -f has no problems with the request. 5. Staff Recommendation Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: The applicant agreed to meet and work out Engineering Comments with the Traffic Engineer before the meeting. PLANNING COMMISSION ACTION: The applicant reported that an agreement had been reached. A motion for approval was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 7 NAME: T nn T TT - K -Mart Shopping Center Revised Site Plan Review Southwest Corner of Asher and University Flake and Company Finley Williams 425 West Capitol, Box 990 210 Victory Street Little Rock, AR 72203 Little Rock, AR Telephone: 376 -8005 Telephone: 376 -3505 AREA: NO. OF LOTS: 1 FT. NEW STREET: 0 ZONING: "C -3" PROPOSED USES: Shopping Center REQUEST: Hut. To expand a shopping center by addition of a Pizza A. Proposal: 1. (a) The construction of a Pizza Hut Restaurant (39' by 80', on a site 140' by 2601. (b) Provision of 73 parking spaces. B. Engineering Comments (1) A traffic impact study is needed. (2) Explain parking located in 30' drive. C. Analysis The applicant has pointed out that all parking for Pizza Hut will be separate from the rest of the center, as the subject parcel is now unpaved. Staff is concerned about the lack of controlled access in this shopping center. Interior curbing or other September 9, 1986 SUBDIVISIONS Item No. 7 - Continued lane devices are needed. Information should be submitted on the existing square footage and number of parking spaces. D. Staff Recommendation Reserved until further information is received. SUBDIVISION COMMITTEE REVIEW: The issue was identified as one of traffic and public safety within the shopping center; due to several areas of cross -flow with not delineations of where to go. This was considered hazardous because of the expanding amount of fast food restaurants around the perimeter. One Committee member mentioned that a previous recommendation by staff for such controls within the shopping center was not supported by the Commission due to an understanding that there would probably not be any further expansions. The applicant was asked to information regarding the parking, and to meet with Public Hearing. provide staff with the existing square footage and the Traffic Engineer before the PLANNING COMMISSION ACTION: The applicant was present. He reported that a revised plan was submitted to Engineering addressing staff concerns regarding internal traffic circulation problems. He was asked to furnish three copies for the Planning staff file. A motion for approval was made and passed, subject to Don McChesney's signature on the revised site plan. The vote: 9 ayes, 0 noes and 2 absent. September 9, 1986 SUBDIVISIONS Item No. 8 NAME: LOCATION: OWNER /APPLICANT: South University Conditional Use Permit (Z- 2658 -A) The west side of South University just north of West 53rd Street Ray B. Thomas /Jim Irwin PROPOSAL: To allow the use of approximately 3,000 square feet of an existing 9,700 square feet building as an auto repair facility on land that is zoned "C -3." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to a principle arterial ( Univeristy Avenue). 2. Compatibility with Neighborhood This property is located within a commerical arterial corridor. The site is surrounded by commercial activity on three sides and by vacant land to the west. The proposed use is compatible with the surrounding area. 3. On -Site Drives and Parkin This site has one paved 45 feet access drive (University Avenue) and 90 paved parking spaces. 4. Screening and Buffers No landscape plan has been submitted. September 9, 1986 SUBDIVISIONS Item No. 8 - Continued 5. Analysis The staff feels that the proposed use is compatible with the surrounding area. The applicant, does, however, need to be aware that they will be required to meet landscape requirements. 6. City Engineering Comments The applicant needs to: (1) submit a revised site plan which includes the scale of the drawing and the boundary of the paved area; and (2) coordinate the access with the City Traffic Engineer. 7. Staff Recommendation Staff recommends approval provided the applicant agrees to: (1) meet City landscape requirements; and (2) comply with City Engineering comments numbered 1 and 2. SUBDIVISION COMMITTEE REVIEW: (8- 28 -86) The applicant was present and agreed to comply with City Engineering Comments. The applicant then requested that all landscape requirements be deferred and that the Conditional Use Permit be granted for one year only. The applicant stated that this site is part of a much larger tract and that all of the property is for sale. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes to approve the conditional use permit for one year as requested by the applicant and agreed to by the staff. September 9, 1986 SUBDIVISIONS Item No. 9 NAME: LOCATION: OWNER /APPLICANT: St. Vincent Hospital Site Plan Review (Z- 3001 -D) The southeast corner of West Markham Street and University Avenue St. Vincent Infirmary /Mark Wellborn PROPOSAL: To construct a one -story (plus basement) 31,200 feet education /annex addition; a one -story 5,000 square feet landscape and ground storage facility; and a one -story 3,000 square feet greenhouse on 39.04 acres of land that is zoned 11 0 - 2 . 11 ANALYSIS: This proposal is compatible with the surrounding area. This application meets all "0 -2" Ordinance requirements with the exception of the separation of detached buildings. The Ordinance requires a separation of 20 feet between detached buildings. The applicant needs to submit a revised site plan that either allows a 20 feet building separation between the proposed /lanscape storage building and the greenhouse or shows the buildings as being attached. CITY ENGINEERING COMMENTS: The applicant will be required to meet stormwater detention requirements. STAFF RECOMMENDATION Approval, provided the applicant agrees to: (1) submit a revised site plan which allows a 20 feet separation between all detached buildings; and (2) complies with stormwater detention requirements. September 9, 1986 SUBDIVISIONS Item No. 9 - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. The Water Works stated that on -site fire protection would be required. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes to approve the application as recommended by the staff, reviewed by the Subdivision Committee and agreed to by the applicant. September 9, 1986 SUBDIVISIONS Item No. 10 NAME: LOCATION: OWNER /APPLICANT: Baseline Square Site Plan Review (Z- 4676 -A) The southeast corner of Hilaro Springs Road and Baseline Road Professional Land /Bob Moore PROPOSAL: To construct a total of 113,564 square feet (three buildings) of commercial space and 446 parking spaces on 9.35 acres of land that is zoned "C -2." ANALYSIS: The staff has reservations about the site plan for this project. It is deficient in many ways. The site plan needs to be revised to show a 40 feet front yard landscaped area (no parking allowed /Hilaro Springs Road). In addition, the site plan should indicate landscape and screening on the south and east to protect the adjacent single family areas. The applicant should construct a berm with intermittent cuts for drainage, a 6 feet opaque screening fence, and plant trees on 40 feet centers adjacent to the single family areas located on the south and the east. Finally, a number of additional site plan revisions will be required in accordance with the City Engineering Comments as listed below. CITY ENGINEERING COMMENTS: (1) Too many driveways - post signage on one entrance on each street indicating service vehicles only; (2) dedicate a right -of -way which totals 45 feet from the centerline on both Baseline Road and Hilaro Springs Road and construct improvements to both roads; (3) stormwater detention required; (4) redesign all driveways to be at 90° intersections and get the approval of the City Traffic Engineer; (5) relocate or redesign the southeast corner of the building L.L. 2 so that truck traffic can make the September 9, 1986 SUBDIVISIONS Item No. 10 - Continued turn; (6) stacking space and pick -up window location needed; and (7) extend the curb return from Baseline Road to the south building wall of Building R2. STAFF RECOMMENDATION: Staff reserves its recommendation until the applicant has submitted a revised site plan as outlined in its analysis and City Engineering Comments numbered 1 -7. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The Committee felt that this application should be deferred 30 days due to the deficiencies in the site plan. The applicant was given until September 2, at 5 p.m., to submit a revised site plan that met staff recommendations and Ordinance requirements or be deferred until the October 14, 1986, Planning Commission meeting. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The staff stated that the applicant had submitted a revised site plan which corrected its earlier deficiencies except for a 40' landscape buffer (no parking allowed) on Hilaro Springs Road that was not shown. The staff stated that their interpretation of the Ordinance wa that a 40' landscape buffer was required on both Hilaro Springs and Baseline Road. The staff also dropped its request for a berm on the south and east property lines. Finally, the staff stated that they supported the site plan if 40' landscape buffers were shown on both Hilaro Springs and Baseline Roads and explained that the applicant could file with the Board of Adjustment for a hardship on the Hilaro Springs Road buffer. The Commission voted 8 ayes, 0 noes and 3 absent to approve the application as recommended by the staff. September 9, 1986 SUBDIVISIONS Item No. 11 NAME: Bell Building Line Waiver LOCATION: 80 Robinwood (lot 108) APPLICANT: Jim Bell 80 Robinwood Little Rock, AR 72207 Telephone: 227 -5741 225 -3677 REQUEST: To encroach into a platted building line with a deck that extends 5 feet and a two car garage that extends 4'. A. Existing Conditions This site is located in an area that is composed of single family uses. B. Development Proposal The applicant is requesting to encroach 4' for the construction of a garage and 5' for construction of a deck, into an area established by a 25' setback. He is currently remodeling his home and needs the extension for the garage so that he will be able to park two cars. C. Analysis Staff has no problems with the request. The applicant is asked, however, to explain access to the garage. An amended Bill of Assurance and final plat is required. D. Staff Recommendation Approval, subject to comments made. September 9, 1986 SUBDIVISIONS Item No. 11 - Continued SUBDIVISION COMMITTEE REVIEW: The application was reviewed by the Committee and passed to the Commission. PLANNING COMMISSION ACTION: A motion for approval was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 12 - Street Right -of -Way Abandonment NAME /LOCATION: An unnamed right -of -way which would be the eastern extension of Baker Street east of Kanis Road running to Kirby Road. OWNER /APPLICANT: Various By: Ron McConnell Winrock Development Co. REQUEST: To abandon this section of unopened and unused right -of -way and join with the abutting property for redevelopment. (40' x 1300') STAFF REVIEW: 1. Public Need for this Right -of -Way None inasmuch as the subject right -of -way has not been in use as a public street. If developed, it probably would not be acceptable since it would double front lots on the north side. There may be some grade or site distance problems associated on the eastern portion. 2, Master Street Plan There are no requirements attached. 3. Need for Right -of -Way on Adjacent Streets The petitioners should indicate the amount of frontage on Kirby Road. There may be a dedication requirement for that tract of up to 10 feet. This requirement for dedication is City Board policy in those instances where an owner is requesting abandonment of right -of -way. 4. Characteristics of Right- of -Wav Terrain Generally hilly area with some natural tree and foliage cover. September 9, 1986 SUBDIVISIONS Item No. 12 - Continued 5. Development Potential None except as a part of the redevelopment of adjacent lands. 6. Neighborhood Land Use and Effect The area is generally large lots or vacant to the south and west. There is a new single family subdivision adjacent on the north and running to the east. No adverse effects are expected. 7. Neighborhood Position All of the abutting owners are participants. No negative comment has been received at this writing. 8. Effect on Public Services or Utilities All five basic utilities are on record as releasing the right -of -way without reservation. 9. Reversionary Rights The right -of -way will be equally divided between the several abutting owners. 10. Public Welfare and Safety Issues The abandonment of this unopened right -of -way will return to the area that will be productive for base and eliminate the potential double frontage lots and traffic single family development. STAFF RECOMMENDATION: and unused segment of private sector a land the real estate tax adverse effects of flow to the rear of a The staff recommends approval of this abandonment proposal as filed. September 9, 1986 SUBDIVISIONS Item No. 12 - Continued PLANNING COMMISSION ACTION: (9 -9 -86) The applicant was present. There were no objectors in attendance. After a brief discussion of the proposal, the Commission voted to approve the abandonment and recommend the petition to the City Board of Directors. The motion passed by a vote of 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 13 - Other Matters NAME: Richardson Properties /Acreage Tract LOCATION: At the north end of Foxcroft Road adjacent to Overlook Subdivision and Robinwood Subdivision REQUEST: To be permitted to extend Foxcroft Road northward as a 40 -foot private street which will terminate in a cul -de -sac. The purpose of which is to provide for a public approved easement /right -of -way for frontage of acreage lots. STAFF REPORT: This issue comes to the Commission as the result of discussions between Mr. Richardson and Planning staff concerning access to this irregular tract of land. At the present time, this ownership exceeding 25 acres total has a street frontage of approximately 60 feet which is the termination of Foxcroft Road. Mr. Richardson proposes to place on record an instrument as required by the Commission in form and substance that will allow the use of this private roadway to access his property. Two or more large lots would be sold and developed. These lots would be in excess of five acres and a plat would not be required. The Engineering staff has reviewed the street proposal and has indicated "no problems." The Master Street Plan does not propose the extension of Foxcroft Road as a collector street. It currently is constructed as a collector 36 feet wide from Cantrell Road to this point. I September 9, 1986 SUBDIVISIONS Item No. 13 - Continued STAFF RECOMMENDATION: The staff offers no comment at this time but will be prepared to address the issue and answer questions at the meeting. PLANNING COMMISSION ACTION: (9 -9 -86) The applicant, Mr. Robert J. Richardson, presented his request to the Commission and responded to several questions as to the reason for the extension and the format of the proposed land sale. The Planning staff offered a general overview of the proposal and a recommendation of approval of the extension of the street as proposed. The staff indicated it understood that the street would be a 40' private street approximately 150' to 200' in length terminating in a turnaround, perhaps a hammerhead. Several members of the Commission then raised issues associated with the filing, including the need for more information, uncertainty as to why a normal application for a five lot plat was not being filed, and the relationship of this filing to the current litigation. The Chairman then offered to hear comments from two adjacent property owners. These were Mrs. Schultz and Mrs. Puryear, residents of the Robinwood Subdivision adjacent to the west and south. Both of these interested parties indicated that they felt this proposal was premature and that in fact it might run cross purposes with the current litigation. They felt that the item should be held in abeyance until the court opinion is handed down and that it not be pursued until it is determined whether Mr. Richardson will pursue an appeal of the decision. Commissioner Nicholson offered the thought that she understood the City Attorney's direction to the Commission was that in these kinds of circumstances that no further action be taken by the Commission until current litigation is resolved. The City Attorney's representative, Mr. Steven Giles, responded by stating that he thought that action on the application should be deferred until the written opinion is issued by the Judge handling the litigation. September 9, 1986 SUBDIVISIONS Item No. 13 - Continued Further lengthy discussion of the proposal followed. A motion was made to defer this request until the issue is out of litigation as suggested by the City Attorney's staff. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. September 9, 1986 SUBDIVISIONS Item No. 14 NAME: Little Rock Industrial Park, Tract M (Area 201) LOCATION: Northwest corner of Fourche Dam Pike and Lindsey Road DEVELOPER: ENGINEER: R.O. Company Garver and Garver P.O. Box C -50 Little Rock, AR 72203 -0050 Telephone: 376 -3633 AREA: 1.14 Acres NO. OF LOTS: 1 FT. NEW STREET: PROPOSED USES: Service Station /Convenience Store A. Existing Conditions This site is located in an industrial area. B. Development Proposal This is a request to remove a platted, builable area of 70' and 75' from the property line and replace it with a 25' building line as requested in "C -3" zoning districts. A request for a 10' enroachment into the newly created 25' building setback is also requested. C. Enqineerinq Comments (1) Reflect driveways - only two allowed. (2) Show relation to levee. D. Analysis Staff is unalterably opposed to allow any encroachment into the newly established building line. This site is very visible and there appears to be adequate room in which to redesign the canopy. The reduction of the building line to 25' is not opposed. September 9, 1986 SUBDIVISIONS Item No. 14 - Continued E. Staff Recommendation (1) Approval of the replat to 25'. (2) Denial of any further encroachments. SUBDIVISION COMMITTEE REVIEW: The encroachment within the newly established 25' building line was discussed. The applicant felt that this was needed due to the fact that the location of the pump island and the canopy were dictated by the driveway. He felt that the building couldn't be moved because of a need for parking in the rear of the structure for a small office use. He was requested to: (1) indicate his justification (stated above) for the waiver on a revised plan; (2) comply with Engineering Comments; (3) come up with an alternate plan showing no encroachment into the 25' setback area. PLANNING COMMISSION ACTION: The applicant submitted a revised plan that eliminated the encroachment into the 25' setback area. A motion for approval as revised was made and passed by a vote of: 11 ayes, 0 noes and 0 absent. September 9, 1986 SUBDIVISIONS Item No. 15 BYLAW AMENDMENT In Article IV. (MEETINGS), amend Section 4 (NOTICE), Subsection B. (To Affected Parties) to read as follows: B. To Affected Parties Notice to affected parties shall be provided as specified in paragraph (1) through (5) below. Relative to paragraphs (2) through (5), requiring supplemental notice to neighboring property owners, the mailing of notices to the names and addresses that an applicant has obtained from an abstract company shall be considered adequate notice. If an applicant fails to provide the supplemental notice requirement herein, the Planning Commission shall defer action on such application until supplemental notice has been adequately provided. September 9, 1986 SUBDIVISIONS Item No. 16 - Other Matters - Subdivision Variance This item is on the agenda for purposes of bringing to the Commission the request of Mr. Dennis Smith, a resident of 4005 Montgomery Road in the Taylor Loop Community. Mr. Smith desires to request of the Commission that it extend to him a total variance of the requirements of the Subdivision Ordinance as concerns the three lots in which he has interest. Mr. Smith's lots lie at the south end of Montgomery Road approximately 1/4 mile south of Taylor Loop Road. These lots are somewhat less than six acres in area total with existing residences in place. This matter was brought to the attention of the staff when reviewing a request of the Water Works to extend a water main eastward off Montgomery Road to serve the rearmost lots. The Planning staff rejected the water main extension and advised the Water Works and the owner that a subdivision plat was required. Staff held meetings with Mr. Smith, the City Manager and other involved persons in an attempt to resolve this item without public hearing. We were unable to achieve a middle ground which could produce a proper platting action; therefore, Mr. Smith was instructed to bring his case to the Commission and present his arguments/ PLANNING STAFF RECOMMENDATION: The Planning staff view of this issue is that some platting action should occur on the subject property so as to provide permanent access for both vehicles and utilities to the rearmost lots. We believe there is a solution to this problem without the creation of additional streets or excessive financial burden on the several owners. Our recommendation is a denial of the request. SUBDIVISION COMMITTEE ACTION: At its meeting on August 28, 1986, the Subdivision Committee discussed this issue at length with Mr. Smith. There were several offerings made as to resolution of the problem. The Committee instructed Mr. Smith to review the possibility of obtaining the services of a civil engineer for purposes of a reviewing a potential three -lot plat. He was further advised that if he so desired, he could come to the meeting on September 9 and present his argument to the full Commission. September 9, 1986 SUBDIVISIONS Item No. 16 - Continued PLANNING COMMISSION ACTION: (9 -9 -86) The applicant was not in attendance. There were no objectors present. After a brief discussion of the circumstances of this request, the Commission voted on a motion to defer the matter for a period of 30 days in order to allow the applicant to determine his course of action. The vote on the motion was 9 ayes, 0 noes and 2 absent. September 9, 1986 Subdivision Resolution Concerning Additional Staff in the Office of ,Comprehensive Planning The Planning Commission had been discussing ways to make smoother the process of handling zoning and subdivision applications. The discussion included the provision of additional time to process the applications and more staff in the Office of Comprehensive Planning as an alternative to providing more time. At its meeting on August 26, 1986 the Commission requested that a resolution be prepared calling for additional staff members and that information be provided on what skills were needed. PLANNING COMMISSION (9 -9 -86): Several Commission members requested more detailed information about the number and type of positions needed. Mr. Greeson explained that it was not appropriate for the Commission to get involved in the details and that specific staff proposals would be considered as part of the normal budget process. After discussion, a motion was made and seconded to approve the resolution with the understanding that no specific program was being endorsed. The motion passed unanimously. ZONING MEMBER W. Riddick, III--- J.Schlereth R.Massie B.Sipes J.Nicholson W.Rector w.Ketcher D.Arnett O. J. Jones I.Boles F.Perkins ✓AYE � NAYE PLANNING ·c OM MISSION V O T E R E C O R D ITEM NUMBERS SUBDIVISION A ADSENT �ABSTAIN DATSJ:. 9,{q8b __ 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 W.Riddick, III --· --- J .. Schlereth Ro Massie Be Sipes J.Nicholson W.Rector W.Ketcher D.Arnett D.J. Jones I • Bo1 es F.Perkins /3 14 t-1" v ✓ (/) ✓-- ,4 ✓ ✓ ✓-- ✓ ✓ i/ ✓/ v v✓ ✓ \;/ I" IJ / ✓v/· 16 11.c 17 ✓✓--/ / ✓/ ✓/ ;1 ✓ ✓ ,,, / / ✓ _/ ✓I ✓ / ( // ,,/ v / / i;/ ./ ✓-✓ / � / ,/ �/ ✓ ✓AYE @ NAYE A AOSEN'11 . /�ABSTAIN --- } September 9, 1986 SUBDIVISIONS There being no further business, the meeting was adjourned at 4:35 p .. m ... I l re) ( l l--\/ ' --b \J) Date