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pc_01 25 2018 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JANUARY 25, 2018 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Craig Berry Buelah Bynum Keith Cox Scott Hamilton Marlon Haynes Troy Laha Paul Latture Bill May Robert Stebbins Diana Thomas Members Absent: Rebecca Finney City Attorney: Shawn Overton III. Approval of the Minutes of the December 14, 2017 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JANUARY 25, 2018 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. G-25-221 Chenal Heights Circle Street Name Change to Chenal Village Drive II. NEW BUSINESS: Item Number: File Number: Title: 1. G-23-468 Unnamed Street -- Right-of-Way Abandonment West of S. University Avenue, south of Midtown Avenue 2. Z-6555-B Rezoning from I-2 and PID to O-2 Southwest corner of Mabelvale Pike and Mabelvale Circle 3. Z-9296 Rezoning from C-3 and C-4 to C-4 6300 Block of S. University Avenue (west side) 4. Z-9297 Rezoning from R-2 to R-4 1917 W ilson Road/10120 West 20th Street 5. Z-9298 Rezoning from R-2 to I-2 8420 Scott Hamilton Drive 6. Z-8757-B St. Luke United Methodist Church Day Care – Revised Conditional Use Permit 6401 West 32nd Street 7. Z-9290 Agnew Modular Home – Conditional Use Permit 2600 Allis Street Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 8. Z-9291 Word of Outreach Prayer Garden – Conditional Use Permit 2700 Brown Street 9. Z-9292 McVay Multisectional Manufactured Home – Conditional Use Permit 13324 Colonel Glenn Road 10. Z-9293 J. Carman General – Professional Office – Conditional Use Permit 523 East 6th Street 11. Z-9294 4112 “A” Street Duplex – Conditional Use Permit 4112 “A” Street 12. Z-9295 Shiloh Seventh Day Adventist Church and Private School – Conditional Use Permit 2400 Maple Street 13. LA-0077 Mann Road Advanced Grading Variance 10073 Mann Road January 25, 2018 ITEM NO.: A FILE NO.: G-25-221 Name: Chenal Heights Circle Street Name Change to Chenal Village Drive Location: Chenal Heights Circle off of Chenal Heights Drive Petitioner: Silver Development Company, developer of Chenal Village Request: To change the name of Chenal Heights Circle to Chenal Village Drive Abutting Uses: Three properties abut this short public street; Brookdale assisted living, Chenal Heights Nursing and Rehab and Chenal Village (applicant). The street runs between Brookdale and Chenal Heights and turns into Chenal Village Drive where it becomes a private street. Neighborhood Effect: The name change will have no effect on any properties. Both Brookdale assisted living and Chenal Heights Nursing and Rehab take addresses on Chenal Heights Drive. Neighborhood Position: The petition supporting the name change was signed by representatives of Chenal Heights Nursing and Rehab and Silver Development Company, developers of Chenal Village. The third abutting business, Brookdale Assisted Living was notified of the proposed street name change. Notice was sent to a representative of the Chenal neighborhoods. No opposition by any party has been voiced. Public Service Agencies Comments: Public Works: One street name sign will need to be changed at the applicant’s expense. Utilities and Fire Department/County Planning: Little Rock Water Reclamation Authority: No comment. Entergy: Entergy does not object to this proposal. Processes exist to change street names as they take place. Centerpoint Energy: No comments received. January 25, 2018 ITEM NO.: A (Cont.) FILE NO.: G-25-221 2 AT&T: No comments received. Water: No comments. Fire Department: No comments. Building Codes: No comments. County Planning: No comments. Rock Region METRO: This location is not currently served by METRO. We have no objections to the proposed name change. STAFF ANALYSIS: Silver Development Company, developer of Chenal Village, is requesting that the name of Chenal Heights Circle be changed to Chenal Village Drive. Chenal Heights Circle is a short public street that extends off of Chenal Heights Drive. The street becomes Chenal Village Drive at the point it enters the Chenal Village Development. Chenal Heights Circle is located between Brookdale Assisted Living and Chenal Heights Nursing and Rehab. Both of those businesses take an address from Chenal Heights Drive; #1 and #3 respectively. Changing the street name will not affect any properties. It will help to identify access to the now-developing Chenal Village active senior adult residential community. To staff’s knowledge, there are no issues. No objection to the proposed name chang e has been voiced. STAFF RECOMMENDATION: Staff recommends approval of the request to change the name of Chenal Heights Circle to Chenal Village Drive. PLANNING COMMISSION ACTION: (DECEMBER 14, 2017) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had failed to complete proper notification and the item needed to be deferred. There was no further discussion. The item was placed on the January 25, 2018 ITEM NO.: A (Cont.) FILE NO.: G-25-221 3 consent agenda and approved for deferral to the January 25, 2018 agenda by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE AND RECOMMENDATION: The required notification was completed. Staff recommends approval of the street name change application. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 25, 2018 ITEM NO.: 1 FILE NO.: G-23-468 Name: Unnamed Street – Right-of-Way Abandonment Location: West of S. University Avenue, south of Midtown Avenue Owner/Applicant: Little Rock Midtown Limited Partnership/Robert Brown, Development Consultants, Inc. Request: The request is to abandon the 50 foot wide (50 feet by 294 feet) unnamed street right-of-way running south from Midtown Avenue, approximately 639 feet west of S. University Avenue. Purpose: To be incorporated into adjacent property for future development. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. None of the utilities request to retain the area of abandonment as an easement. Public Works for reviewed and approved the abandonment request, with no portion of the area of abandonment being retained as a drainage easement. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the right-of-way is not classified as a collector street or higher. C. Characteristics of Right-of-Way Terrain: The area of right-of-way is currently undeveloped, and was never developed as a public street. It was previously used as a driveway and parking for the Doctors Hospital which was removed from the property. D. Development Potential: After abandonment, the area of abandonment will be incorporated into the adjacent property to the east and west for future development of professional office/commercial. January 25, 2018 ITEM NO.: 1 (Cont.) FILE NO.: G-23-468 2 E. Neighborhood and Land Use Effect: The general area contains a mixture of commercial, office and residential uses. A mixed use development is located north of Midtown Avenue. The Doctors Building and parking deck are located to the east. Another clinical use is located to the west, with single family and multifamily uses further west. The old Sears development is located across West 6th Street to the south. F. Neighborhood Position: The sole abutting property owner has signed-off on the abandonment request. The Briarwood Neighborhood Association was notified of the abandonment request. G. Effect on Public Services or Utilities: Little Rock Water Reclamation Authority: No facilities in the affected area and therefore no objection. Entergy: No objections to the proposed right-of-way abandonment and easement rights. Entergy feeds the area electrically from an underground line running along 6th Street to the south of the property/easement in question. Centerpoint Energy: Approve the abandonment request. AT&T: Approve the request to abandon right-of-way. Central Arkansas Water: Approve with no comments. H. Reversionary Rights: The right-of-way was dedicated and filed for record on July 25, 1958 in Book 669, Page 363. The dedication document contains no reversionary clause. After abandonment, the area right-of-way will revert to Little Rock Midtown Limited Partnership, owner of the abutting property along all sides of the right-of-way. I. Public Welfare and Safety Issues: Abandoning this right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. The Fire Department made the following comments which apply to redevelopment of the overall site: January 25, 2018 ITEM NO.: 1 (Cont.) FILE NO.: G-23-468 3 Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) Robert Brown was present, representing the application. Staff described the proposed abandonment request. Vince Floriani, of Public Works, noted that the area of abandonment would not need to be retained as a drainage easement. Staff noted that all utility companies approve of the abandonment request, and that none requested easements being retained. Staff noted that the abandonment would be exclusive, with no portion being retained as an easement. After the brief discussion, the Committee forwarded the application to the full Commission for resolution . STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the 50 foot wide unnamed street right-of-way running south of Midtown Avenue, approximately 639 feet west of S. University Avenue. No portion of the area of right -of-way will be retained as an easement. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. January 25, 2018 ITEM NO.: 2 FILE NO.: Z-6555-B Owner: Smith Property Partners Applicant: Tim Daters, White-Daters and Associates Location: Southwest corner of Mabelvale Pike and Mabelvale Circle Area: 5.8 Acres Request: Rezone from I-2 and PID to O-2 Purpose: New church development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property (across Mabelvale Circle); zoned I-2 South – Single family residences and light industrial uses; zoned R-2 and I-2 East – Single family residence and mobile home park (across Mabelvale Pike); zoned R-2 West – Undeveloped property (across Mabelvale Drive); zoned I-2 A. PUBLIC WORKS COMMENTS: 1. At time of building permit, sidewalks with appropriate handicap ramps are required to be constructed adjacent to Mabelvale Circle in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Town and Country and SWLR United for Progress Neighborhood Associations were notified of the public hearing. January 25, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-6555-B 2 D. LAND USE ELEMENT: Planning Division: This request is located Geyer Springs West Planning District. The Land Use Plan shows Light Industrial (LI) for this property. The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed “park like” setting. The applicant has applied for rezoning from I -2 (Light Industrial District) and PID (Planned Industrial District) to O-2 (Office and Institutional District) to allow for future development of a church. Since the applicant has only a small portion of the Land Use Plan area shown for Light Industrial and a change of such a small area would not make planning sense, Staff is not requiring a Plan Amendment even though the zoning request of Office is not consistent with the Plan designation of Light Industrial. If the Planning Commission and City Board approve the re-classification of this land, when the review of the Land Use Plan is done for this general are in a few years, Staff will determine if a Land Use Plan change is appropriate for a larger area. Master Street Plan: West of the Property is Mabelvale Drive and it is shown as a Local Street on the Master Street Plan. North of the property Mabelvale Circle and it shown as a Local Street on the Master Street Plan. Ea st of the property is Mabelvale Pike and it is shown as a Collector on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown on Mabelvale Pike. These bike routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. E. STAFF ANALYSIS: Smith Property Partners, owner of the 5.8 acre property located at the southwest corner of Mabelvale Pike and Mabelvale Circle, is requesting to rezone the property from “I-2” Light Industrial District and “PID” Planned Industrial Development to “O-2” Office and Institutional District. The property is comprised of two (2) unrecorded lots, Lots 3 and 5, Mabelvale Industrial Park. Lot 3 (west half of property) is zoned I-2 and Lot 5 (east half of property) is zoned PID. The applicant is requesting the property be zoned O-2 to allow for a new church development. January 25, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-6555-B 3 On December 4, 2007 the City Board of Directors passed Ordinance No. 19,871 which rezoned the area of Lot 5 from I-2 to PID. The rezoning was approved to allow a church development, with I-2 permitted uses as alternative uses. To this date, Lot 5 has not developed and the PID has expired. The property is currently undeveloped and mostly grass covered. There are a few nature trees on the site. The overall property is relatively flat. Undeveloped I-2 zoned property is located across Mabelvale Circle to the north and across Mabelvale Drive to the west. Light Industrial uses, including a trucking facility, are located to the south along Mabelvale Drive. Single family residences are located to the south along Mabelvale Pike. Undeveloped property, a single family residence and a mobile home park are located across Mabelvale Pike to the east. The City’s Future Land Use Plan designates this property as Light Industrial (LI). Staff will not require an amendment to the Land Use Plan since the proposed rezoning represents only a small portion of the Land Use Plan area shown for Light Industrial (LI). Staff is supportive of the requested O-2 rezoning. Staff views the request as reasonable. The applicant proposes to rezone the property for a new church development. A portion of the property was previously zoned PID for a church development which never developed. A proposed church development on a larger portion of the property should prove to be a compatible use within this area of light industrial and single family residential uses. The proposed O-2 zoning is a site plan review zoning, and the site development plans for a new church development will be required to be reviewed and approved by the Planning Commission. Staff believes the requested O-2 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-2 rezoning. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. January 25, 2018 ITEM NO.: 3 FILE NO.: Z-9296 Owner: William G. Reich Applicant: Abdullah Al-Maliki Location: 6300 Block of S. University Avenue (west side) Area: 0.64 Acre Request: Rezone from C-3 and C-4 to C-4 Purpose: Auto Sales Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Commercial building and motel; zoned I-2 South – Bank, car wash and single family residence; zoned C-4 and C-3 East – Convenience store, motel and auto body shop (across S. University Avenue); zoned C-4 West – Church, funeral home and single family residence (across Mabelvale Pike); zoned R-2 and PCD A. PUBLIC WORKS COMMENTS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to Mabelvale Pike including 5-foot sidewalks with planned development. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a Rock Region Metro Route #17 (Mabelvale/Downtown Route) and Route #22 (University Avenue, Mabelvale Route). January 25, 2018 ITEM NO.: 3 (Cont.) FILE NO.: Z-9296 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Meadowcliff/Brookwood, South Brookwood Ponderosa and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: Planning Division: This request is located 65th Street West Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning from C-3 (General Commercial District) and C-4 (Open Display District) to C-4 (Open Display District) to allow the development of a used car lot. Master Street Plan: East of the property is S. University Avenue and it shown as a Principal Arterial on the Master Street Plan. West of the Property is Mabelvale Pike and it shown as a Collector on the Master Street Plan. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on S. University Avenue since it is a Principal Arterial. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along S. University Avenue. Bike Lanes provide a portion of the pavement for the sole use of bicycles. There is a Class III Bike Route shown on Mabelvale Pike. These bike routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. E. STAFF ANALYSIS: William G. Reich, owner of the 0.64 acre property located in the 6300 block of S. University Avenue (west side), is requesting to rezone the property from “C -3” General Commercial District and “C-4” Open Display District to “C-4” Open Display District. The property is located on the west side of S. University Avenue, approximately 400 feet north of West 65th Street/Hindman Park Way. The south January 25, 2018 ITEM NO.: 3 (Cont.) FILE NO.: Z-9296 3 40 percent of the property is currently zoned C-4, with the northern portion being zoned C-3. The applicant is requesting the entire property be zoned C-4 to allow for the development of a used auto sales business. The property backs up to Mabelvale Pike. The property is currently undeveloped and mostly grass covered. The ove rall property is relatively flat. A portion of one (1) of the driveways which serve the branch bank facility located immediately to the south is located on this property, at its southwest corner. The driveway is located within a “common access easement”. The property is located in an area of mixed uses and zoning along S. University Avenue. Mixed commercial uses, including motels, convenience stores and auto-related uses are located to the north and east on property predominantly zoned C-4 and I-2. A branch bank facility, car wash and grocery store are among the mixed commercial uses located to the south, zoned C-4 and C-3. A church facility is located across Mabelvale Pike to the west. Single family homes and an elementary school are located further west, with a funeral home to the southwest. The City’s Future Land Use Plan designates this property as Commercial (C). The requested C-4 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. The proposed C-4 zoning represents a continuation of the zoning pattern along S. University Avenue. Approximately 40 percent of the subject property is currently zoned C-4. The property located immediately to the south and the properties located across S. University Avenue to the east are zoned C -4. The properties located immediately to the north are zoned I-2. Additionally, there are a number of auto-related uses (auto repair, sales, etc.) within this general area along the S. University corridor. Any new development of this property will be required to comply with all ordinance requirements, including building setbacks, paved parking, landscaping, buffers, etc. Staff believes the requested C-4 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) Abdullah Al-Maliki was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. January 25, 2018 ITEM NO.: 3 (Cont.) FILE NO.: Z-9296 4 Stephen Mann addressed the Commission in opposition. He stated that there were currently too many used car dealerships on S. University Avenue, and that no additional used car lots were desired. Mr. Al-Maliki noted that he currently has a used car dealership on Mabelvale Pike. He explained that he does not carry junk or repossessed vehicles. Chairman Berry noted that a portion of the subject property is currently zoned C-4. He asked if the current C-4 zoning allowed auto sales. Staff noted that the C-4 zoning district allowed auto sales. There was a motion to approve the requested C-4 rezoning. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was approved. January 25, 2018 ITEM NO.: 4 FILE NO.: Z-9297 Owner: Ervin Freeman Applicant: Kenny Whitfield, Perry’s Pennies LLC Location: 1917 Wilson Road/10120 West 20th Street Area: 0.32 Acre (2 lots) Request: Rezone from R-2 to R-4 Purpose: To construct two (2) duplex structures Existing Use: Two (2) single family residences SURROUNDING LAND USE AND ZONING North – Single family residences and vacant lots; zoned R-2 South – Single family residences and duplex structures (across West 20th Street); zoned R-2 and R-4 East – Three (3) lots recently rezoned to R-4 for construction of duplex structures. West – Single family residences (across Wilson Road); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Wilson Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. 20th Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Wilson Road and 20th Street. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. January 25, 2018 ITEM NO.: 4 (Cont.) FILE NO.: Z-9297 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow, Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: Planning Division: This request is located in I-430 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R -2 (Single Family district) to R-4 (Two family district) to allow the development of duplexes. Master Street Plan: West 20th, and Wilson Road are both shown as Local Streets on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non - residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right -of-way and may require street improvements for entrances and exits to the site . Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Ervin Freeman, owner of the 0.32 acre property located at 1917 Wilson Road/10120 West 20th Street, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The property is located at the northeast corner of West 20th Street and Wilson Road. The rezoning is proposed to allow the construction of two (2) duplex structures. The property is comprised of two (2) platted lots; Lots 1 and 2, Block 11, Hick’s Interurban Subdivision. A one-story single family residence occupies each lot. Both of the lots have the same ownership. The property is located in an area of mixed R-2 and R-4 zoning. R-4 zoned lots are located immediately to the south, across West 20th Street. Additional R-4 zoned lots are located further south, southeast and southwest. Single family residences are located to the west across Wilson Road. Three (3) lots which were recently zoned R-4 are located immediately to the east. Additional single family residences, vacant lots and a church are located to the north. Several older manufactured/mobile homes are located within this subdivision. January 25, 2018 ITEM NO.: 4 (Cont.) FILE NO.: Z-9297 3 The City’s Future Land Use Plan designates this property as Residential Low Density (RL). The requested R-4 zoning does not require an amendment to the plan. Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is comprised of two (2) platted single family lots. Two (2) duplex structures will only be minor increase in the original platted density. New duplex structures have been recently developed within this neighborhood. Staff recently conducted a survey of this neighborhood, between West 16 th Street and West 24th Street, and Aldersgate Road to Junior Deputy Road. The survey counted the total number of residential lots within this area, and how many of the total residential lots are zoned R-4. Staff found that there are 368 total residential lots within this area, and that 36 are zoned R-4. This represents R-4 zoning on a total of 9.78 percent of the overall residential lots within this neighborhood. The two (2) lots proposed for R-4 zoning would raise this 10.3 percent. Staff feels that this represents a very minimal percentage of the overall residential area. Staff believes the applicant’s plan to construct two (2) new duplexes will be a quality, in-fill type, development for this general area south of West 18th Street. Staff believes rezoning this property to R-4 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. January 25, 2018 ITEM NO.: 5 FILE NO.: Z-9298 Owner: Ray and Clay Loetscher Applicant: Ida Pettus Location: 8420 Scott Hamilton Drive Area: 1.555 Acres Request: Rezone from R-2 to I-2 Purpose: Day Care Center Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property, office warehouse development and school use; zoned R-2 and I-2 South – Mobile home park; zoned R-2 East – Mixed commercial and residential uses (across Scott Hamilton Drive); zoned R-2 and C-3 West – Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a Rock Region Metro Route #23 (Baseline/Southwest Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Upper Baseline/Windamere and SWLR United for Progress Neighborhood Associations were notified of the public hearing. January 25, 2018 ITEM NO.: 5 (Cont.) FILE NO.: Z-9298 2 D. LAND USE ELEMENT: Planning Division: This request is located in Geyer Springs East Planning District. The Land Use Plan shows Light Industrial (LI) for this property. The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed “park like” setting. The applicant has applied for a rezoning from R-2 (Single Family District) to I-2 (Light Industrial district) to allow for future development of the site. Master Street Plan: The East side of the property is Scott Hamilton Drive and it is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Scott Hamilton Drive since it is a Minor Arterial. This street may require dedication of right -of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along Scott Hamilton Drive. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: Ray and Clay Loetscher, owners of the 1.555 acre property located at 8420 Scott Hamilton Drive, are requesting to rezone the property from “R-2” Single Family District to “I-2” Light Industrial District. The property is located on the west side of Scott Hamilton Drive, between Baseline Road and Interstate 30. The rezoning is requested in order to develop the property for a day care center. The property is currently undeveloped and partially wooded. The west half of the property contains nature trees. The east portion of the property, along Scott Hamilton Drive, is grass covered. The property is located in an area of mixed zoning and uses. Undeveloped property, zoned R-2 and I-2, is located immediately to the north, with an office warehouse development and a school located further north. A large apartment complex is located to the northeast. A mobile home park and R-2 zoned property are located to the south. Commercial and single family uses are located across Scott Hamilton Drive to the east. Single family residences, along Community Road, are located to the west. The City’s Future Land Use Plan designates this property as Light Industrial (LI). The requested I-2 zoning does not require a change to the Land Use Plan. January 25, 2018 ITEM NO.: 5 (Cont.) FILE NO.: Z-9298 3 Staff is supportive of the requested I-2 rezoning. Staff views the request as reasonable. The proposed rezoning represents a continuation of the I-2 zoning to the north, along the west side of Scott Hamilton Drive . The City’s Future Land Use Plan designates this property and the property to the north as Light Industrial (LI). The properties across Scott Hamilton Drive to the east are designated as Commercial (C) and Office (O). The Land Use Plan shows the properties to the south and west as Medium Density Residential (RM). The applicant proposes to develop the site for a day care center. The new development will be required to provide buffers and screening along the west and south property lines where adjacent to residential zoning and uses. Many of the existing trees along these property boundaries will be required to be preserved. Staff believes the requested I-2 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. The application was placed on the Consent Agenda for approval as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. January 25, 2018 ITEM NO.: 6 FILE NO.: Z-8757-B NAME: St. Luke United Methodist Church Day Care – Revised Conditional Use Permit LOCATION: 6401 West 32nd Street OWNER/APPLICANT: Pulaski Heights United Methodist Church PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for an expansion of the hours of operation for the day care center to be operated in this existing church building. The property is zoned R-3. STAFF REPORT: On May 11, 2017, the Commission approved a conditional use permit to allow a day care center to be operated in the existing church building located on this R-3 zoned property. The day care center was approved with an enrollment of 50 children with hours of operation being Monday through Friday, 7:00 a.m. to 6:00 p.m. The site contains an asphalt-paved parking lot with more than sufficient parking available to accommodate the day care. A playground is located adjacent to and behind the building. Signage is to consist of either an addition to the church’s existing ground sign or the addition of a second, small sign. On March 15, 2017, the church hosted a neighborhood meeting to explain their application. No one from the neighborhood attended. There is no bill of assurance for this acreage tract. Required right-of-way dedication was completed subsequent to the commission’s approval of the CUP. The application was filed by St. Luke United Methodist Church in partnership with Pulaski Heights United Methodist Church. At that time, the churches were involved in a process whereby the two churches would combine. Th at process has been completed and St. Luke is now a second campus of Pulaski Heights. When the church was going through its final approval through State DHS, it was discovered that the approved hours of operation were not what Pulaski Heights intended. It was their intention to request hours of operation to be Monday through Friday, 6:00 a.m. – 11:59 p.m. The longer hours of operation will allow for flexibility for parents who may have non-traditional work schedules. The church is now seeking approval of a revision to the approved CUP to allow those expanded hours. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the College Terrace, Broadmoor, Broadmoor Property January 25, 2018 ITEM NO.: 6 (Cont.) FILE NO.: Z-8757-B 2 Owners Association, University District and University West Neighborhood Associations. Staff is supportive of the proposed change in hours of operation. No other changes are proposed from the original CUP approval. STAFF RECOMMENDATION: Staff recommends approval of the Revised Conditional Use Permit subject to compliance with all comments and conditions from the original CUP approval (Z-8757-A). PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 25, 2018 ITEM NO.: 7 FILE NO.: Z-9290 NAME: Agnew Modular Home – Conditional Use Permit LOCATION: 2600 Allis Street OWNER/APPLICANT: Aaron D. Agnew, Sr. PROPOSAL: A conditional use permit is requested to allow for placement of a modular building on this R-3 zoned property to be used as a single family residence. 1. SITE LOCATION: The site is located at the southwest corner of Allis Street and West 26th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a neighborhood of single family residences. The primary housing type appears to be 1940’s – 1950’s era, frame bungalow’s. The applicant’s proposed home is comprised of 6, flat-roofed, commercial-style modules that he proposes to join together to make one large single family residence. Although there are at least two other large residential structures in the immediate area (on Brown Street) they are built in the more traditional residential style that is more compatible with the other homes. Staff is concerned that the applicant’s proposal to use this multi-module non-residential structure as a residence is not compatible with the other homes in the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Goodwill Neighborhood Association. 3. ON SITE DRIVES AND PARKING: This proposed single family residence requires one on -site parking space. The applicant proposes to install a driveway off of West 2 6th Street near the rear of the proposed residence and to construct a garage on his property located to the west. This can be allowed as the combined properties can be developed together and considered a single zoning lot. 4. SCREENING AND BUFFERS: No comments. January 25, 2018 ITEM NO.: 7 (Cont.) FILE NO.: Z-9290 2 5. PUBLIC WORKS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of 26th Street and Allis Street. 2. 26th Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. Allis Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 4. Show the proposed driveway and garage location. The garage portion of the house can be no closer than 20 ft. from the property line. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Sewer available to this site. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities based on the information provided. There is an existing single phase, overhead power line running along the west side of this property in the alley to the west. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: No comments. Building Codes: No comments. 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: This location is 3 blocks from the 14 – Rosedale route. We have no objections to proposed con ditional use. January 25, 2018 ITEM NO.: 7 (Cont.) FILE NO.: Z-9290 3 Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) The applicant was present. Staff presented the item and noted there was some additional information needed. The applicant was asked to specify what improvements would be made to the exterior of the structure, including any changes to the roof. Staff asked the applicant to provide additional information on proposed perimeter fencing. Staff asked where the driveway and parking pad would be located. The applicant responded that there was sufficient room to the rear (west) of the structure for parking. The applicant noted he owned the property to the west, if additional space for parking was needed. Public Works Comments were discussed. Staff noted that there was insufficient depth to put parking on the north side of the structure. Right-of-way issues were discussed. It was noted that the survey did not indicate the existing right-of-way width. Other Agency Comments were noted. The applicants was and used to submit responses to staff issues by January 10, 2018. The Committee forwarded the item to the full Commission . STAFF ANALYSIS: The applicant is requesting approval of a conditional use permit to allow for placement of a multisectional modular home on this R-3 zoned property. The applicant acquired 6 modules that were previously joined together to make a non-residential building. He had the modules brought to this property with the intent of joining them together to make a 6,000± square foot single family residence. The modules were placed on the property without prior approval. Staff initiated enforcement and the applicant filed for the CUP. The applicant proposes to install underpinning and to do some exterior remodeling of the structure once it is connected together. The wall mounted air conditioner units will be covered by a faux bay window. Porches will be installed on the front and rear of the structure: Fencing will be placed on the perimeters of the site. The applicant is requesting a variance to allow for an 8 foot tall wrought iron fence. No changes are proposed to the roof line. It will continue to be a flat roof. January 25, 2018 ITEM NO.: 7 (Cont.) FILE NO.: Z-9290 4 A driveway will be installed near the rear of the structure, off of West 26th Street. The applicant proposes to construct a garage to the rear of the structure (west), on adjacent property which he owns. This can be permissible as the lots can be developed as a single use and considered a single zoning lot. Staff is not supportive of the application as proposed. The modules, when joined together, will have the appearance of a nonresidential modular building. The primary housing type in the area is smaller, 1940’s – 1950’s, bungalows with pitched roofs and either horizontal siding or brick exteriors. Staff does not believe the proposed use is compatible with the neighborhood. When reviewing a conditional use permit application, the Commission is to review the use’s compatibility with the area and specific treatment of … amenities provided to protect the integrity of the neighborhood. The Commission is to determine if the proposed use is compatible with and will not adversely affect other properties in the area where it is proposed to be located. There is no bill of assurance for this acreage property. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were several persons present both in support and in opposition. Letters of opposition had been received from the Love and Goodwill Neighborhood Associations. Staff presented the item and a recommendation of denial. The applicant, Aaron Agnew, addressed the commission. He stated he had acquired the structures from Little Rock Christian Academy and had put them on his property with the intent of putting them together to make one large single family residence. He stated he was not aware of the restrictions and he filed the conditional use permit application once he had received a notice of violation from the city. Mr. Agnew presented renderings of his proposed improvements to the structure. (Those renderings were not left) He stated underpinning would be installed and the structure would be covered with siding. He stated the structure was designed to have a double roof and the second roof would be installed which would have a greater roof-pitch. Mr. Agnew stated he had removed four abandoned houses from the property and had cleaned up the property. He described his efforts to improve the neighborhood. January 25, 2018 ITEM NO.: 7 (Cont.) FILE NO.: Z-9290 5 Dowell Evans stated he owned property in the area, on Johnson Street. Mr. Evans stated he was in support of the application. Mr. Evans stated bringing strong families into the neighborhood would help to revitalize the neighborhood. Robert Smith, of 2600 Brown Street, spoke in support. He stated he had lived in the neighborhood for several years and, with Word of Outreach Ministries, had worked to improve the neighborhood. He stated allowing Mr. Agnew to have the modular home would be a good addition to the neighborhood . Mansell Twillie spoke in support. He stated he was a builder of homes in Little Rock. Mr. Twilllie stated allowing the modular home would improve the neighborhood. He stated a modular home was well-built. He encouraged approval of the application. Jacquelyn Twillie spoke in support. She stated she was a realtor and had noted the lower home prices and occupancy rate in the neighborhood. She spoke of the positive impact new investment would have on the neighborhood. Ruth Bell of the League of Women Voters of Pulaski County stated this was an inappropriate type of structure for this neighborhood. Sedalia Gouley, President of the Goodwill Neighborhood Association, spoke in opposition. He said residents had no desire to have this type of structure in the neighborhood. Mr. Gouley stated the structure would bring property values down and the property was not zoned for this type of use. James Washington, of 2502 Brown Street, stated he was opposed to the proposed modular home. Donald Mitchell, of 2614 Allis Street, spoke in opposition. He stated this had been an ongoing problem property. Robert Webb stated he was appreciative of the work of Word of Outreach but it was discouraging to hear them speak despairingly of the neighborhood. He said the residents were working hard to bring their neighborhood up and allowing the “trailers” would not help to revitalize the neighborhood. Mr. Webb stated allowing the modular home would set a bad precedent. Tanya Berry Redden, representing her parents at 2504 Allis, spoke in opposition. She stated they did not want trailers in the neighborhood and encouraged the applicant to build a house. Derek Harris, of 2603 Allis, spoke in opposition and stated the issue was one of disregarding the neighborhood. January 25, 2018 ITEM NO.: 7 (Cont.) FILE NO.: Z-9290 6 Gary Burnett, of 2520 Allis, spoke in opposition. He stated the proposed modular home would not fit the neighborhood. Alan Briles (?), no card submitted, stated he had once inquired about placing a double-wide manufactured home on his property and had been told it was not allowed. He asked what building code inspections would be made. Mr. Agnew readdressed the commission. He stated he knew the modules were currently an eyesore but he had been told by staff to proceed no further in assembling the structure. He stated when he moved back to Little Rock, he moved back to this neighborhood. Mr. Agnew stated he walked the neighborhood daily and it appeared to him that his neighbors do not seem concerned about the neighborhood. He noted problems with drugs and crime. He stated other modular homes had been approved in Little Rock. He reiterated how he had cleaned up the property and stated people were fighting what they don’t know. Ward 1 Board of Director Erma Hendrix stated she supported the young man making an investment in the neighborhood. Commissioner Hamilton stated he also supported Mr. Agnew’s desires for the neighborhood but he did not think this was the right structure for this site. Commissioner Hamilton stated he had to consider the neighborhood’s residents. Commissioner Thomas asked Mr. Agnew when he planned on doing the underpinning and making the other improvements to the structure that he had previously described. Mr. Agnew replied he would be making the improvements quickly. Commissioner May stated he wished a middle ground could be found. He stated he could not support the current proposal. A motion was made to approve the application, including all staff comments and conditions, except the recommendation of denial. The motion was seconded. The vote was 0 ayes, 10 noes and 1 absent. The application was denied. January 25, 2018 ITEM NO.: 8 FILE NO.: Z-9291 NAME: Word of Outreach Prayer Garden – Conditional Use Permit LOCATION: 2700 Brown Street OWNER/APPLICANT: Word of Outreach/Carolyn Ann Smith PROPOSAL: A conditional use permit is requested to allow for development of this vacant, R-3 zoned lot as a prayer garden. 1. SITE LOCATION: The site is located at the southwest corner of Brown Street and West 27th Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located on the edge of a small, single-family residential neighborhood. Single family residences are located to the west, north and northeast. The commercially zoned properties along Roosevelt Road, one block to the south, contain a variety of uses; including a convenience store with gas pumps, a Dollar General Store, bail bonds office, the Pulaski County Jail complex and a retirement center. Staff has concerns that the proposed prayer garden will encourage loitering which could negatively impact nearby residents. As such, staff does not believe the use is compatible with the residential neighborhood . Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Goodwill Neighborhood Association. 3. ON SITE DRIVES AND PARKING: No on-site parking is proposed. 4. SCREENING AND BUFFERS: No comments. January 25, 2018 ITEM NO.: 8 (Cont.) FILE NO.: Z-9291 2 5. PUBLIC WORKS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 27th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that Brown Street for the frontage of th is property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required at the intersection of 27th Street and Brown. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities based on the information provided. There is an existing three phase, overhead power line running along the east side of this property along Brown Street. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: No comments. Building Codes: All buildings placed on the property must have full plan review. Structure built on current concrete slab must have full plan review and a building permit before construction can begin. For Submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org January 25, 2018 ITEM NO.: 8 (Cont.) FILE NO.: Z-9291 3 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: This location is a block from the 14 – Rosedale route. We have no objections to proposed conditional use. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) The applicant was present. Staff presented the item and noted some additional information was needed. The applicant was asked to locate and describe any proposed fencing and site lighting. Staff asked what measures would be taken to provide security for the site so that it did not become a loitering, nuisance problem. Staff informed the Commission that the applicant proposed to have contemplative music played at the site. The applicant was asked to provide a specific description of how the music is to be played, what hours it would play and what measures would be taken to assure that the sound is limited to the site only. Staff asked what activities would the proposed gazebo building be used for. Public Works Comments were discussed. Staff explained the right-of-way dedication requirement and noted the survey did not indicate the existing right-of- way. Other Agency Comments were noted. The applicant was advised to submit responses to staff issues by January 10, 2018. The Committee forwarded the item to the full Commission . STAFF ANALYSIS: Word of Outreach Ministry is requesting approval of a conditional use permit to allow for development of an open-air prayer garden on the vacant, R-3 zoned lot located at 2700 Brown Street. The house which previously existed on the lot was removed sometime ago, leaving only a small concrete slab. The ministry was allowed to place a small (8 X 8) storage building on the slab to be used for storage of lawn maintenance equipment and the like. The proposed prayer garden will consist of a gazebo structure and several specific areas for reading, praying or meditating. Each of the meditation areas will have a bench where persons can sit. Ground level outdoor speakers will be January 25, 2018 ITEM NO.: 8 (Cont.) FILE NO.: Z-9291 4 placed at each prayer-meditation area and will play easy listening instrumental music which can be heard only upon entering the prayer garden and sitting a t one of the benches. Several signs will be placed through at the garden, directing persons to the various prayer stations such as “Love”, “Temperance”, “Pathway to Joy”, “Pathway to Faith” and “Pathway to Peace”. Additional signage will be placed at the corners of the property identifying it as the Throne of Grace Prayer Garden. Lighting will be placed throughout the property to illuminate the various signs. Additional lighting is provided by existing street lights. The property will not be fenced. In addition to the storage of lawn maintenance equipment, the small storage building will contain the equipment for the music. The applicant states a camera security system will be established so that activity at the prayer garden can be monitored. The gazebo structure will be utilized by students of Word of Outreach Christian Center, their parents and invited guests for various gatherings, fellowshipping and corporate prayer. While staff is certainly supportive of Word of Outreach’s desire to positively impact and improve the lives of persons in their community, there are concerns with the specifics of this prayer garden use. The property is located in an area that has a substantial amount of transient foot traffic. The concern is that this proposed open-air, fully accessible garden could become a draw for loitering which could negatively impact the adjacent residential neighborhood. The site is unfenced and accessible 24 hours a day, illuminated throughout the night and contains benches and the gazebo; all of which could contribute to a potential loitering problem. The proposed camera monitoring of the site is not sufficient to alleviate this concern. STAFF RECOMMENDATION: Staff recommends denial. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicants were present. There were several persons present, both in support and in opposition. Letters of opposition had been received from the Love and Goodwill Neighborhood Associations. Staff presented the item and a recommendation of denial. Aaron Agnew, of 3411 Asher Avenue stated he had maintained this vacant lot for years and the proposed prayer garden would be good for the neighborhood. Dowell Evans, of P. O. Box 84 College Station, stated he supported the prayer garden and he thought it would benefit the neighborhood. January 25, 2018 ITEM NO.: 8 (Cont.) FILE NO.: Z-9291 5 Sedalia Gouley, President of the Goodwill Neighborhood Association, stated the association was opposed. He noted the close proximity of the Compassion Center and the Pulaski County jail. He stated the prayer garden would attract loitering and transients which was already a problem in the neighborhood. Mr. Gouley stated there was no security planned for the site. Robert Webb stated he was supportive of anything positive for the neighborhood but, right now, the prayer garden was not right for the neighborhood. Robert Smith, of 2600 Brown Street, Pastor of Word of Outreach, spoke in support. He stated they were aware of the problems in the neighborhood. He stated Word of Outreach was praying for the neighborhood o n a daily basis and they know prayer works. He stated he did not understand why anyone would not want a prayer garden. He described his ministry and work in the neighborhood and asked the commission not to turn down a prayer garden. The applicant, Carolyn Smith, spoke and referenced a letter and information about the garden that she had provided the commission. She described the work of her ministry in addressing problems in the neighborhood. A lady whom the ministry had served described how the ministry had helped her turn her life around. Mrs. Smith Stated they would install and fence and gate with a lock to secure the property. She stated persons were already loitering in the neighborhood and the activity of the prayer garden would reduce the loitering. She said the site would be monitored by a camera system and lighting can be adjusted to address any concerns. Commissioner Thomas asked what the hours of access would be. She stated she supported the proposal but had some concerns. Director of Planning Jamie Collins suggested deferring the item to allow the applicant an opportunity to submit her proposed amendments and to allow for staff review of those amendments. Commissioner May suggested the applicant consider a deferral to work with staff. Mrs. Smith agreed and stated she wished to defer the item. A motion was made to defer the item to the March 8, 2018 meeting. The motion was seconded and approved by a vote of 10 ayes, 0 noes and 1 absent. January 25, 2018 ITEM NO.: 9 FILE NO.: Z-9292 NAME: McVay Multisectional Manufactured Home – Conditional Use Permit LOCATION: 13324 Colonel Glenn Road OWNER/APPLICANT: Earl McVay PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned, 1 acre lot. 1. SITE LOCATION: The property is located outside of the city limits, in the City’s extraterritorial jurisdiction. The site is located on the north side of Colonel Glenn Road, approximately ¾ mile west of Lawson Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located outside of the city limits, in an area that is rural and primarily residential in use. Uses in the area include a variety of single family residences on varying sizes of properties. T here are also larger tracts of undeveloped properties. Home styles range from modest, one-story frame or brick homes to very large, estate-type residences. The proposed multisectional manufactured home has a horizontal siding exterior, a front porch and a pitched, metal roof. The style is not out of character with other homes in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site. There is no neighborhood association in this area. 3. ON SITE DRIVES AND PARKING: The single family residence requires one on-site parking space. The site contains an existing driveway with access to a detached, two-care carport. There is more than sufficient space for on-site parking. 4. SCREENING AND BUFFERS: No comments. January 25, 2018 ITEM NO.: 9 (Cont.) FILE NO.: Z-9292 2 5. PUBLIC WORKS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Outside Service Boundary – No Comment. Entergy: Entergy does not object to this proposal. Service is already being provided to this property with no apparent conflicts with existing facilities. Contact Entergy in advance to discuss any changes to electrical service requirements, or adjustments to existing facilities (if any) as this proposal proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: Contact Crystal VFD and provide a statement of acknowledgement and acceptance of the proposed use. (17325 Lawson Road, Little Rock, AR 72210) Building Codes: No comments. 7. TRANSPORTATION/PLANNING: County Planning: No comment. Rock Region METRO: There is no bus route in this area. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was asked to provide the model year of the manufactured home. In response to a question, the applicant stated the new January 25, 2018 ITEM NO.: 9 (Cont.) FILE NO.: Z-9292 3 home would be tied onto the existing septic system. Staff noted the siting criteria from Section 36-254(d) (5). The applicant was directed to contact the local VFD to obtain a statement of acknowledgement and acceptance of the proposed manufactured home. Public Works staff discussed the right-of-way dedication requirement. Other Agency Comments were noted. The applicant was instruct to provide responses to staff comments by January 10, 2018. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 1 acre tract located at 13324 Colonel Glenn Road is located outside of the city limits, within the City’s extraterritorial jurisdiction. A single-wide manufactured home was located on the property for many years. In June 2017, that home burned. The property owners removed the vestiges of the previous home and recently placed a multisectional manufactured home on the property. The home has been placed in the location on the property previously occupied by the single-wide. A conditional use permit should have been obtained prior to placing the new home on the property. City staff became aware of the violation and instituted enforcement. The applicants filed the CUP to allow the home to remain. As previously mentioned, the new home has been placed on the property in the location occupied by the previous home. A septic system was in place and is being used for the new home. The new home is a 2005 model, 28 X 66, two-section structure. The home has a colored, standing seam, metal roof. The exterior is horizontal siding. A front porch has been added. The site also contains a detached accessory structure, which includes a two-car carport. Staff is supportive of the requested CUP. As noted earlier, housing types in the general area range from similarly-sized, one-story ranch style homes to large, multistory, estate-type homes. This one-story, ranch style home is similar in style and orientation to other homes in the area. The home must be brought into compliance with the siting criteria of Section 36-254(d) (5) which include the requirements to remove all transport elements and to install underpinning with permanent materials. The required right-of-way dedication will result in a substantially reduced front yard setback. It is highly unlikely that any actual physical widening of the roadway will occur in the near future. If deemed necessary at that time, the home can be moved back. There is no bill of assurance for this acreage tract. January 25, 2018 ITEM NO.: 9 (Cont.) FILE NO.: Z-9292 4 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. Compliance with the following siting criteria from Chapter 36, Section 36-254(d) (5): a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. Staff recommends approval of the reduced front yard setback once the required right-of-way for Colonel Glenn Road is dedicated. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicants were present. There was one registered objector present. Staff presented the item and a recommendation of approval as outline in the “staff recommendation” above. Earl McVay, the applicant, addressed the commission. He stated he did not know he could not bring the new home in to replace the one which had burned. He stated the new structure was a nice home. Bobbie Highfill, of 13527 Col. Glenn Rd., spoke in opposition. She presented photographs of the McVay property showing that it was not being maintained in a clean manner. Ms. Highfill presented a list indicating that there had been 54 police responses to this property when the previous structure has been on the property. She said there were problems with the previous tenants and the property was a nuisance. Ms. Highfill stated the property was a rental and the McVay’s did not live there. She described the property as trashy and overgrown and said a bigger home would only mean bigger problems. January 25, 2018 ITEM NO.: 9 (Cont.) FILE NO.: Z-9292 5 Mr. McVay said he was working to clean up the property and to make improvements when he was issued a notice by the City. He said he stopped work until the CUP issue was resolved. Commissioner May asked if there was code enforcement (premise) in the area. Staff responded that the city had zoning and subdivision jurisdiction in the ETJ but not other code enforcement. Commissioner Thomas asked how long it would take to make the improvements called for in the staff recommendation. Staff responded that they would advise Mr. McVay not to make any further improvements until the appeal period had expired. A motion was made to approve the application, including all staff comments and conditions. The motion was seconded and approved by a vote of 6 ayes, 4 noes and 1 absent. January 25, 2018 ITEM NO.: 10 FILE NO.: Z-9293 NAME: J. Carman General-Professional Office – Conditional Use Permit LOCATION: 523 East 6th Street OWNER/APPLICANT: Jennifer N. Carman PROPOSAL: A conditional use permit is requested to allow for the use of one unit of this duplex residential structure as a general-professional office. The property is zoned R-4A. 1. SITE LOCATION: The property is located at the southwest corner of East 6th Street and Sherman Street, in the MacArthur Park Neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in the MacArthur Park District, in an area characterized primarily by multifamily, office and institutional uses. The applicant proposes to use the first floor of this two-story structure for an office use. The second floor will be her residence. No signage is proposed and, for all intents and purposes, the property will retain its residential character. Staff believes the proposed use is compatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the MacArthur Park and Downtown Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The property currently contains a pea-gravel parking area behind the building with access off of Sherman Street. The applicant proposes to maintain and refresh that unpaved parking area. The use of gravel for parking areas is allowed in the MacArthur Park District. The site requires 6 parking spaces. One space is required for the residence and 5 spaces are required for the office at 1 space/400 square feet. There is sufficient space in the gravel-parking area to accommodate the required parking. January 25, 2018 ITEM NO.: 10 (Cont.) FILE NO.: Z-9293 2 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Sherman Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 feet radial dedication of right-of-way is required at the intersection of E. 6th Street and Sherman Street. 3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (fence) located in the right-of- way. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Sewer service is available. Entergy: Entergy does not object to this proposal. Service is already being provided to this property with no apparent conflicts with existing facilities. Contact Entergy in advance to discuss any changes to electrical service requirements, or adjustments to existing facilities (if any) as this proposal proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW . Fire Department: No comments. Building Codes: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org January 25, 2018 ITEM NO.: 10 (Cont.) FILE NO.: Z-9293 3 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: This location is three blocks from the River Cities Travel Center. We have no objections to the proposed conditional use . Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was asked to provide the anticipated hours of operation for the business. Staff informed the Commission of the requested variance to allow use of the gravel parking. Public Works and Other Agency Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-4A zoned lot located at 523 East 6th Street is occupied by the Mills-Davis House, a two-story, circa 1878 Victorian brick home. At some point in the past, the structure was converted into a duplex with one unit on each floor. The applicant is requesting approval of a conditional use permit to allow her to locate her business, J. Carman, Inc., in the first floor unit. The second floor will be Ms. Carman’s residence. The business is a quiet professional office for art-related research. Business activities include art appraisal, provenance research, writing, minor art conservation and other relevant endeavors consistent with quiet office use. This will not be an art gallery or business open to the general public. There will be no walk-up customer traffic. The vast majority of appointments with others relating to the office’s business are completed in the field, at museums or in the home of private collectors. It is estimated that 1 to 3 individuals may occupy the office during a typical work day. Clients or customers may occasionally visit the office, by invitation only, approximately once a month. Typical office hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. but could extend to 8:00 a.m. to 6:00 p.m. on those days. There could be an occasional office visit on a weekend. January 25, 2018 ITEM NO.: 10 (Cont.) FILE NO.: Z-9293 4 The applicant is dedicated to retaining the look and atmosphere of a single family home. The property will have no signage and no commercial looking, striped or paved parking lot. The existing pea-gravel parking area at the rear of the site will be maintained and refreshed. Gravel parking is an acceptable alternative in the MacArthur Park Historic District. The proposed office use is limited to this applicant and her business. The applicant is maintaining the option of restoring the downstairs unit as a residence. Staff is supportive of the proposed CUP. The use is compatible with uses in the area. The office CUP is limited to this applicant and her business. The plat/bill of assurance for Stevenson’s Addition does not address use issues. No dumpster is proposed. If one is ever considered, its location must be approved by staff. No additional site lighting is proposed beyond what is typical for a single family residence. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. 2. The CUP is approved only for this applicant and her business as proposed in this application. Staff recommends approval of the requested variance to allow use of the existing gravel parking area subject to that parking area being maintained in a manner that does not result in the creation of dust, mud, silt or standing water. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 25, 2018 ITEM NO.: 11 FILE NO.: Z-9294 NAME: 4112 “A” Street Duplex – Conditional Use Permit LOCATION: 4112 “A” Street OWNER/APPLICANT: Robert Smith and Laura Smith PROPOSAL: A conditional use permit is requested to allow for the conversion of this existing, R-3 zoned single family residence into a duplex. 1. SITE LOCATION: The property is located on the north side of “A” Street, 4 lots west of Elm Street, in the Hillcrest neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area characterized by a variety of residential uses; including single family, duplexes and multifamily structures. One block south of the site is an area of commercial zoning fronting onto West Markham Street. The large UAMS campus is located across West Markham. The proposed duplex use is compatible with uses in the area . Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Hillcrest Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Each unit of the duplex is required 1 ½ parking spaces. There is currently a parking area located on the east side of the home with space for 3 vehicles. The applicant proposes to add an additional space for a total of 4 parking spaces. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS: No comments. January 25, 2018 ITEM NO.: 11 (Cont.) FILE NO.: Z-9294 2 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Existing sewer main must remain in service. Entergy: Entergy does not object to this proposal. Service is already being provided to this property and structure with no apparent conflicts with existing facilities. Contact Entergy in advance to discuss any changes to electrical service requirements, or adjustments to existing facilities (if any) as this proposal proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: Full plan review. Building Codes: Duplex fire separations are required to be 1 hour fire rated construction. Contact Plans Examiner Curtis Richey @ crichey@littlerock.gov. 501-371-4724. 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: This location is 3 blocks from the 5 – West Markham and 8 – Rodney Parham routes. We support increasing housing density near METRO routes. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) The applicant was present. Staff presented the item and noted little additional information was needed. Staff asked if separate utilities were being requested. Staff noted two parking spaces were required and asked the applicant to indicate where parking would occur. Staff noted all improvements must comply with the January 25, 2018 ITEM NO.: 11 (Cont.) FILE NO.: Z-9294 3 Hillcrest Design Overlay District. Staff noted the legal description for this lot included an “exclusive use easement” on the adjacent lot. Staff asked what the purpose of that easement was. Other Agency Comments were noted. The applicant was advised to respond to staff issues by January 10, 2018. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned lot located at 4112 “A” Street is occupied by a single family residence. The structure is one-story with a half-second-story. There is a partially – finished, full basement with direct, ground floor level access. The applicant is requesting approval of a conditional use permit to allow for conversion of the structure into a duplex. The main floor and second half -floor will contain one dwelling unit. That unit will contain 3 bedrooms and 2 baths. The partially finished basement currently contains a full bath. The basement will be remodeled and finished to contain a two-bedroom, one-bath dwelling. No changes will be made to the overall area of the structure. Some minor refinishing of the exterior is proposed. Separate utilities are requested. The property currently has parking for 3 vehicles. A 4th on-site parking space will be added. The lot adjacent to the east contains an ingress-egress, parking, exclusive use easement which was created for the benefit of the subject lot (4112 “A” Street). That easement allows for additional parking area and lawn space for the proposed duplex. To staff’s knowledge, there are no outstanding issues. The proposed duplex use is compatible with uses and zoning in the immediate neighborhood. All improvements will comply with the Hillcrest Design Overlay District criteria. The 1923 plat/bill of assurance for Pinehurst Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments outlined in Section 6 of the agenda staff report. January 25, 2018 ITEM NO.: 11 (Cont.) FILE NO.: Z-9294 4 PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 25, 2018 ITEM NO.: 12 FILE NO.: Z-9295 NAME: Shiloh Seventh Day Adventist Church and Private School – Conditional Use Permit LOCATION: 2400 Maple Street OWNER/APPLICANT: Shiloh Seventh Day Adventist Church/Kwendeche PROPOSAL: A conditional use permit is requested to allow this existing church to operate a 40 student, Pre-K to 8th grade private school. The property is zoned R-3. 1. SITE LOCATION: The property is located on the west side of Maple Street, north of West 25th Street. The site is located across Maple Street from the former Garland Elementary School. 2. COMPATIBILITY WITH NEIGHBORHOOD: A church has been located on this site no less than 70 years, going back to when it was constructed and occupied by Hend erson Methodist Church. Garland Elementary School is located across Maple Street to the east. In December 2017, the Commission approved a conditional use permit to allow the Garland School property to be reused for a K -5 grade charter elementary school. Remodeling of that building is now underway. Single family residential properties are located in the immediate area around the church site. Along Asher Avenue, one block to the south, the uses are varied; including residential, office and commercial. T he proposed addition of a small (40 student) private school to this existing church appears to staff to be an appropriate use. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Hope, Love, Stephens Area Faith and Midway Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site currently contains a concrete parking lot with 32 spaces. Access is off of two driveways onto Maple Street. The church proposes to maintain that parking lot and to construct a new 34 space parking lot south of the building. Access will be via a driveway onto Maple Street and a driveway onto the alley adjacent to the west (rear). The new parking lot will be landscaped to comply with Code Standards. A total of 6 6 parking spaces will be available. The school is proposed to have 10 classrooms (1 per January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 2 grade) and assuming 2 employees per classroom and an additional 5 staff persons, 35 parking spaces would be required. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of- ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the north is zoned R2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Proposed plant material is shown in the public right -of-way adjacent to the northeast portion of the site. A franchise agreement must be obtained from Little Rock Public Works to place landscape materials in the public right- of-way. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 3 Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. A landscape irrigation system shall be required for developments of one (1) acre or larger. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 25th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 feet radial dedication of right-of-way is required at the intersection of 25th Street and Maple Street. 3. With the parking lot access desired to the alley, the existing alley should be paved 20 ft. wide from the proposed driveway to 25th Street. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to 25th Street including 5-foot sidewalks with planned development. The new back of curb should be located 13 ft. from centerline. 5. Sidewalks with appropriate handicap ramps are required to be constructed on Maple St. across the property adjacent to the proposed playground in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 6. Sidewalks with appropriate handicap ramps are required to be constructed along Maple St. from the existing sidewalk south to 25th January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 4 Street in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 7. If manual gates are proposed at parking lot driveways, the gates should be located at least 20 ft. from the street curb and alley. 8. A proposal is being made by the Garland School to change the traffic flow direction on 24th Street and 25th Street. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: No comment. Entergy: Entergy does not object to this proposal. Service is already being provided to this property and structures with no apparent conflicts with existing facilities. Contact Entergy in advance to discuss any changes to electrical service requirements, or adjustments to existing facilities (if any) as this proposal proceeds. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments received. Contact CAW. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 5 shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required. Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 6 D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200 Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 7 information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org 7. TRANSPORTATION/PLANNING: County Planning: No comment. Rock Region METRO: This location is within 3 blocks of the 14 – Rosedale route. We have no objections to the conditional uses. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (JANUARY 3, 2018) Kwendeche was present representing the application. Staff presented the item. The applicant was asked to provide a copy of the plat/bill of assurance for that portion of the property that is within the R. C. Butler Addition. The applicant was asked to provide a signage plan and to relocate the dumpster out of the alley right-of-way. Staff stated dumpster service hours should be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. due to the close proximity of residences. Staff asked that the applicant locate and describe any existing and proposed site lighting. In response to a question, the applicant stated the northernmost lot would only be required from a bank if the CUP was approved. He stated there was an agreement with the bank, contingent upon the approval. Public Works comments were discussed. The applicant stated he had visited with the traffic engineer who was working on the Garland School project and he was aware of proposed traffic pattern changes for the charter school. He stated his plans took those changes into consideration. Landscape Comments were discussed. It was noted that the proposed plan was somewhat deficient in perimeter landscaping but there was room on the plan to remedy that issue. Other Agency comments were noted. The applicant was advised to respond to staff issues by January 10, 2018. The Committee forwarded the item to the full Commission. January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 8 STAFF ANALYSIS: The R-3 zoned property located at 2400 Maple Street is occupied by Shiloh Seventh Day Adventist Church. A church has been located on this site for no less than 70 years. It was previously the home of Henderson Methodist Church. The property contains a two story, brick building comprised of a sanctuary wing and an education wing. A 32 space parking lot is located on the site. The church owns additional property to the south and across the alley to the west. An offer has been made to purchase the vacant lot directly north of the church property. The church is requesting approval of a conditional use permit to allow for the opening of a small private school utilizing a portion of the existing church building. The proposed school is to have an enrollment of 40 students. There will be one classroom in each grade of Pre-K to 8th grade. Classes will be in the church’s education building. Classes will follow the typical school year schedule. An existing kitchen and dining hall in the basement of the sanctuary building will be utilized for food service. An elevator will be installed as will a new, enclosed fire- rated stairway. The building will be remodeled to accommodate the new use; including the addition of ADA accessible restrooms on each floor. There will be some minor updating of the exterior of the building. A new, 34 space, asphalt paved parking lot will be constructed on two vacant lots located south of the church building. This new parking lot will have a single driveway onto Maple Street and a driveway onto the alley adjacent to the west. The parking lot will be landscaped to comply with code standards. Any site lighting will be low-level and directional, shielded downward and into the site. The single, existing ground-mounted sign will be redesigned to include the new school name. A wall sign will likely also be added. The dumpster will be located behind the building, off of the alley on a lot that the church owns on the west side of the alley. The dumpster will be screened to code standards. Dumpster service hours are to be limited to Monday through Friday, 7:00 a.m.to 6:00 p.m. Drop-off/pick- up of students will occur in the existing parking lot. The existing playground, located south of the church building, will be relocated to the newly acquired lot north of the church. This new lot will be developed as a playground and will also contain a greenhouse that will be used for educational purposes. Staff is supportive of the requested CUP. Allowing this small (40 student) private school to be operated within this existing church appears to be an ap propriate use. A much larger charter school will be operating directly across Maple Street. The plats/bills of assurance for R. C. Butler and Henderson Additions do not address use issues. The applicant submitted a revised site plan indicating required right-of- way dedication and landscape areas. January 25, 2018 ITEM NO.: 12 (Cont.) FILE NO.: Z-9295 9 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP to allow a 40-student private school subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. Dumpster service hours are to be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. All site lighting is to be low-level and directional, shielded downward and into the site. PLANNING COMMISSION ACTION: (JANUARY 25, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. January 25, 2018 ITEM NO.: 13 FILE NO.: LA-0077 NAME: 10073 Mann Road Advanced Grading Variance LOCATION: 10073 Mann Road, Southside of Mann Road and west of Little Oaks Baseball Park APPLICANT: Mabelvale Youth Association APPLICANT’S REPRESENTATIVE: Troy Laha AREA: Approximately 14.87 acres CURRENT ZONING: R2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber and advance grade the subject property without imminent construction. A. PROPOSAL/REQUEST: The applicant is requesting a variance to harvest timber and advance grade the subject property located on the south side of Mann Road at 10073 Mann Road. The property is approximately 14.87 acres in size. The variance would allow staff to issue a grading permit for the timber harvest and advance grading activities without imminent construction. No fill material is proposed to be removed or hauled to the site. The applicant proposed to not maintain undisturbed buffers or to install earthen berms on the exterior of the property to obstruct visibility of the graded area. B. EXISTING CONDITIONS: The 14.87 acre property is relatively flat with dense trees. The subject property is zoned residential (R2). East of the subject property is a developed industrial zoned property at 9921 Mann Road and undeveloped R2 zoned property. The Parks PD-R was approved in 2016 on the undeveloped R2 zoned property. West of the subject property is a developed R2 zoned 5 acre property with one (1) residential structure. Also on the west is Little Oaks Baseball Park also zoned R2. South of the subject property is a 4 acres property zoned R2 with a single residential structure off Sardis Road. Further south of the R2 zoned property is Morehart Park. North of the subject property is Mann Road. North of Mann Road is the Union Pacific Railroad tracks and further north is the Little Rock School District property zoned PD-C where the new high school is under construction. January 25, 2018 ITEM NO.: 13 (Cont.) FILE NO.: LA-0077 2 C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Also at the time of writing, staff has not received any inquiries into the application. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29 -186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3. Storm water detention ordinance applies to this property to be provided in accordance with Chapter 29, Article IV. Design Criteria and Performance standards. Temporary stormwater detention is required to be provided with the clearing of the property until the permanent pavement for the parking lot is proposed to be installed. Following the installation of the parking lot, permanent detention is required to be provided. 4. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 5. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 6. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 7. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 8. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. January 25, 2018 ITEM NO.: 13 (Cont.) FILE NO.: LA-0077 3 9. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 10. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 11. Per Section 29-197(d), a visual screening of the completed area should be provided by providing undisturbed perimeter buffer strips and earthen berms. In cases, where maintenance of an undisturbed buffer is deemed not practical to provide screening, earthen berms, tree plantings or other suitable measures may be required. 12. The site should be signed with a Land Alteration Variance sign acquired from Vince Floriani in Public Works Dept. 13. The advanced grading variance application fee of $100 has not been paid. 14. Is fill material is proposed to be brought to the site following the clearing and grubbing of the trees? E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Mrs. BJ Wyrick was present representing the applicant. Staff presented an overview of the variance application. Staff reviewed the comments with Mrs. Wyrick. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is proposing to clear and grade approximately 14.87 acres. The property is proposed to be clear cut and the harvested trees used to pay past due taxes for the applicant to obtain clear title to the property. Following the harvest, the stumps will be removed and grass planted. No fill is proposed to be brought to the site at this time but the property will be graded to prevent ponding of stormwater. In the future, the applicant proposes to rezone and develop the property as a sports complex. At this time the applicant is in the fund raising phase of the project. Section 29-187(e)(2), states variances can be granted by the Planning Commission to harvest timber. The code continues though and states clear cutting or total harvests shall not be allowed. The Planning Commission can also grant variances to advance grade properties. In accordance with Section 29-197(d) for advance grading variances, visual screening should be provided of January 25, 2018 ITEM NO.: 13 (Cont.) FILE NO.: LA-0077 4 the cleared area by providing 50 ft. undisturbed buffer strips, earthen berms, tree plantings or other suitable measures. The applicant proposes to not maintain undisturbed buffer strips, earthen berms, tree plantings or other suitable measures to obstruct views of the cleared area and filter the discharge of sediment from the cleared area. H. RECOMMENDATION: Staff cannot recommend approval of the timber harvest and advanced grading variance request due to visual screening of the cleared area is not proposed to be provided with the clear cutting of the property. Since construction is not imminent, staff believes the cleared area will discharge sediment damaging adjacent properties and watercourses, be unsightly to the abuttin g neighborhood and the traveling public on Mann Road, and be contrary to the purposes of the Land Alteration Regulations. Section 29-187(e) states variances may be granted to the extent that the change will not be contrary to the purposes of the Land Alteration Regulation set forth in Section 29-168. Section 29-168 states the purposes of the Land Alteration Regulations are: 1) to prohibit the indiscriminate clearing of property; 2) to prevent excessive grading, clearing, filling, and cutting activities; 3) to substantially reduce flooding, erosion and sediment damage within the city; and 4) to preserve natural vegetation which enhances the quality of life of the community. If the variance application is approved by the Planning Commission, the approva l should be subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following conditions: 1. Orange fencing should be installed along all property boundaries to prevent entry onto adjacent properties. 2. A gravel construction entrance should be located off Mann Road. 3. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. 4. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. 5. Erosion control devices should be installed prior to commencing clearing and grading activities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading phase. January 25, 2018 ITEM NO.: 13 (Cont.) FILE NO.: LA-0077 5 I. UPDATE: Following a meeting with staff, the applicant has revised the application to provide temporary and permanent undisturbed buffers in conforma nce with the Land Alteration Regulations and the proposed future land use. The applicant proposes to maintain 50 ft. undisturbed temporary buffers adjacent to all property lines. Following approval of a CUP application for the development, the buffer widths maybe reduced in conformance with the permanent land use buffer requirements. J. RECOMMENDATION: With the revisions that show maintaining the 50 ft. temporary undisturbed buffer, staff now recommends approval of the application subject to compliance with all comments and conditions including the buffer requirements and the following conditions: 1. The limits of the land alteration temporary undisturbed buffers should be flagged prior to beginning grubbing and clearing activities; 2. The construction entrance should be designed to restrict views of the cleared area from Mann Road; 3. A burn permit should be obtained from the Little Rock Fire Department prior to commencing burning of tree debris; 4. This approval is only for the clearing and grubbing of the site. No other aspects of the site plan were reviewed. The site plan will be reviewed at a later time as part of a CUP application. K. PLANNING COMMISSION ACTION: (January 25, 2018) The item was introduced by Mr. Mike Hood, Public Works Civil Engineering Manager. He explained the application and applicant’s desire to conform to the buffer requirements. Staff recommended approval as outlined in the staff recommendation above. Director B.J. Wyrick, speaking on behalf of the Mabelvale Youth Association and representing the application, provided further explanation of the association’s desire to develop this property into a baseball and soccer complex. She stated donations are being solicited for the project from businesses and individuals in Little Rock. She reminded the commissioners of the approved subdivision adjacent to the subject property on the east and the need for this sports complex. She also mentioned that as part of this project the existing drainage ditch on this property will be improved. January 25, 2018 ITEM NO.: 13 (Cont.) FILE NO.: LA-0077 6 Mr. Stephen Mann spoke in opposition of the project. He was very concerned about the removal of trees and the damage to wildlife on this property. He requested an environmental impact study be performed before clearing began. Mrs. Pam Adcock, a member of the Mabelvale Youth Association Board, spoke in favor of the application and reiterated that the applicant proposes to maintain the required buffers. Mr. Ronnie Dedman, a member of the Mabelvale Youth Association Board, also spoke in favor of the application. There was no further discussion. The Chair entertained a motion for approval of the variance application as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 recusal (Commissioner Laha), and 1 absent. DATE►'l! Z i PLANNING COMMISSION VOTE RECORD �A* A/Q A 'KK MEMBER BERRY, CRAIG BYNUM, BUELAH COX, KEITH FINNEY, REBECCA HAMILTON, SCOTT HAYNES, MARLON D. LAHA, TROY LATTURE, PAUL MAY, BILL B. STEBBINS, ROBERT THOMAS, DIANA M. Meeting Adjourned P.M. V/ AYE a NAYE ABSENT �jABSTAIN 4_RECUSE An - �m--- lm-- ---- -_ i -- �•------ ---©m� • • , ----------------- ---- m----- ©�-- -� 1 1 - m- w- �.m-- n--m -- • • • - � -- -..- ---- -- .- .- ��--- --®--- • • , • • -- ..---- .-- -©m- -� MEMBER BERRY, CRAIG BYNUM, BUELAH COX, KEITH FINNEY, REBECCA HAMILTON, SCOTT HAYNES, MARLON D. LAHA, TROY LATTURE, PAUL MAY, BILL B. STEBBINS, ROBERT THOMAS, DIANA M. Meeting Adjourned P.M. V/ AYE a NAYE ABSENT �jABSTAIN 4_RECUSE January 25, 2018 There being no further business before the Commission, the meeting was adjourned at 6:11 p.m. FA r S retary Cha man 0 U