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pc_05 19 1987subLITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD SUBDIVISIONS MAY 19, 1987 1:00 P.M. I. Roll Call and Finding of a Quorum A quorum of 11 members were present. II. Approval of the Minutes of the Previous Meeting The minutes were read and approved. III. Members Present: William F. Rector, Jr. William Ketcher John Schlereth Fred Perkins Rosa Collins Walter Riddick, Jr. Jerilyn Nicholson Richard Massie Dorothy Arnett Betty Sipes David Jones IV. City Attorney: Stephen Giles SUMMARY OF SUBDIVISION AGENDA MAY 19, 1987 Deferred Items: A. (Z -4797) - Special Use Permit for Day Care Preliminary Plats /Replats: 1. Charleston Heights Subdivision 2. Culin Addition 3. Westchester Estates, Phase V Planned Unit Development: 4. Shackleford Place "Long- Form" PCD (Z -4824) Site Plan 5. Rock Creek Court "Revised" Site Plan Review Conditional Use Permits: 6. Otter Creek parkway (Z- 4384 -A) 7. Potter Street (Z -4804) 8. West 12th Street (Z -4814) 9. Catfish Park (Z- 4822 -B) 9A. (Z -4822) Rezoning from "R -2" to "I -2" Riqht -of -Way Abandonment: 10. South Cedar Street Street Name Change: 11. North Parkway Place Drive Other Matters: 12. Fire Station No. 20 - Conditional Use Permit (Z -4831) May 19, 1987 Item No. A - Z -4797 Owner: Various Owners Applicant: Leah D. Tillman Location: 2316 Chester Street Request: Special Use Permit Purpose: Day -Care, 10 Children or Less Size: 0.16 acres Existing Use: Residential (Zoned "R -4 ") SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R -4" South - Single Family, Zoned "R -4" East - Single Family, Zoned "R -4" West - Single Family, Zoned "R -4" STAFF ANALYSIS: The issue before the Commission is to grant a special use permit for a day -care family home. The Zoning Ordinance's definition of a day -care family home is: Any facility which provides family like child care in the care giver's own family residence in accordance with provisions of licensing procedures established by the State of Arkansas and which serves no more than 10 children including the care giver's own children. Said facility must obtain a special use permit in all zoning districts where day -care centers are now allowed by right. Also, the Planning Commission has final authority except that appeals from the Commission's action may be filed with the Board of Directors. The property is a conventional residential lot with a single structure on it. The house is somewhat in disrepair and the problems should be corrected prior to the day -care opening. It appears that there is adequate yard area for the children which is important for providing a quality care program. The other lots in the block are occupied by single family residences, but there should be no problems created by the proposed use because of the number of children. May 19, 1987 Item No. A - Continued An important element of day -care operation is having a safe drop off point. Chester Street does not provide such a location and also there is no driveway coming off Chester. The lot abuts an alley along the rear property line, and the alley is in good condition, so it can function as the drop off and pick up area. This should minimize disruption of traffic in the neighborhood and protect the children. STAFF RECOMMENDATION: Staff recommends approval of the special use permit with the following conditions: 1. That only the alley be used as the drop off and pick up point. 2. Additional screening be provided along the south property line. 3. That the structure meet all necessary City codes. PLANNING COMMISSION ACTION: (3- 24 -87) Staff informed the Commission that the item needed to be deferred. A motion was made to defer the request to the May 19, 1987, meeting. The motion was approved by a vote of 8 ayes, 0 noes, and 3 absent. PLANNING COMMISSION ACTION: (5- 19 -87) Staff recommended to the Commission that the item be withdrawn without prejudice. A motion was made to withdraw the request without prejudice. The motion passed by a vote of 11 ayes, 0 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 1 NAME: Charleston Heights Subdivision LOCATION: South end of Wesley Drive (Deer Park Subdivision) DEVELOPER: Rector Phillips Morse, Inc. P.O. Box 7300 Little Rock, AR 72217 Telephone: 664 -7807 ENGINEER: White - Daters and Associates, Inc. 401 Victory Street Little Rock, AR 72201 Telephone: 374 -1666 AREA: 43.04 acres NO. OF LOTS: 107 FT. NEW STREET: 6,100 ZONING: "R -2" PROPOSED USES: Single Family A. Existing Conditions This site is located in a fringe area that is rapidly developing as single family. It is south of Deer Park Addition and abuts land owned by Deltic Farm and Timber on the west and south. B. Development Proposal The applicant is proposing to subdivide 43.04 acres into 107 lots and 6,100 feet of new street. The land will be used for single family. Several variances are requested: (1) five percent grade at two intersections; (2) fifteen foot setback as shown on steep lots only; (3) optional street across major drainage core and, (4) 480 -foot right -of -way dedication with 24 -foot asphalt pavement and 6 -foot paved shoulders in -lieu of 49 -foot arterial pavement. C. Engineering Comments 1. Stormwater detention calculations and location. 2. Sketch plan for grading for roadway and utilities. May 19, 1987 SUBDIVISIONS Item No. 1 - Continued 3. Ninety degree intersections on Wood Dale, Wesley, optional road at both intersections. D. Analysis Staff has no problems with the use, but has several suggestions for plat revision. They are: (1) delineation of drainage easements for Creek on the plat; (2) 35 -foot building lines on Chenal Valley Drive, since it is an arterial street; (3) joint drives between Lots 97, 98, and 94, 95; (4) 10 -foot prohibition zone on lots facing Chenal Valley Drive, and the public alley at the rear of Lots 62 -65 and 57 -60. David Hathcock has indicated that Savannah Lane and Wood Dale Court are duplicate street names and the street between Wesley Drive and Chenal Valley Drive needs a name. A variance is needed on the pipe -stem to Lots 66 and 67. Staff finds no problem with the requested variances numbered 2 and 3; provided drainage structure is designed for 100 -year flow (3). Engineering has no problem with the fourth request in areas of major terrain difficulties. Staff was not certain at time of this writing whether this would apply throughout. Engineering needs to discuss the limits of beginnings of areas of 24 -foot pavement. Lot 67 appears to have a creek and slope across the front to Chenal valley. Sidewalks are required per ordinance. E. Staff Recommendation Approval, subject to comments made. May 19, 1987 SUBDIVISIONS Item No. 1 - Continued SUBDIVISION COMMITTEE REVIEW: The applicant discussed staff comments with the Committee. He was asked to submit a preliminary sketch so that the street pattern of the area could be determined and a grading plan. Staff felt that a waiver should be requested on the length of Mobile Court and that sidewalks should be provided since Wesley Drive, which intersected with this street was not a through street. The applicant felt that the cul -de -sac should be measured from Wesley, instead of Forest Dale, so a waiver and sidewalks were not needed. He agreed with staff's request for sidewalks on the other streets as required by Ordinance. Another point of disagreement involved the joint drives and rear public access recommended by the staff. Staff explained that the ordinance discouraged lots fronting on arterials. The developer agreed to work out an acceptable means of limiting drive on to Chenal Valley. The applicant explained that he desired approval of the optional street in case Chenal Valley does not go through. If it goes through in two years, then this street wouldn't be needed. Wastewater - Additional easements required for water main extensions. Water - Water extension plus on -site fire protection required. PLANNING COMMISSION ACTION: The applicant was present. In its recommendation, staff expressed reservations about supporting the development of Chenal Valley as a 36' street due to the amount of development taking place in the area. A revised plan was submitted in response to staff's previous comments. Most of the discussion was on the sidewalk issue and a previous agreement with the Commission on the improvement of Chenal Valley Road to a lesser standard that arterial. The developer agreed to provide sidewalks on Wesley Drive, but May 19, 1987 SUBDIVISIONS Item No. 1 - Continued felt that there would not be a need for Chenal Valley to be built to arterial standards which are 10 or 15 years in the future. He also felt that it placed an undue burden on a residential development, and that a 48' street wouldn't be needed until property to the south is built. The Commissioners were concerned that the City would be responsible for the improvements at a later date, and that a later widening could create problems with residents since such actions are common reasons for complaints and opposition. Staff was asked to research the record and report back to the Commission regarding the specifics of the actual agreement made on the development of Chenal Valley Road. A motion for a 30 -day deferral was made and passed by a vote of 11 ayes, 0 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 2 NAME: Edward A. Culin Subdivision LOCATION: North of intersection of Nash Lane and Sibley Hole Road DEVELOPER Edward A. Culin 11209 I -30 Little Rock, AR 72209 Telephone: 455 -2515 ENGINEER: Sam Davis 5301 West 8th Street Little Rock, AR 72106 Telephone: 644 -0324 AREA: 4.18 acres NO. OF LOTS: 2 FT. NEW STREET: None ZONING: "I -2" (Applied for) PROPOSED USES: Sale of fresh catfish (retail food store) in connection'wzth catfish ponds on adjoining property VARIANCES REQUESTED: Waiver of street improvements (1) and gravel parking (2). A. Staff Report This is a request to subdivide 4.18 acres into two lots. Lot 1 will be used with adjoining property for the sale of dressed catfish (food store) and to provide a catfish pond for the public to catch fish that they can purchase for consumption off the premises. The site is flat, in the floodplain, and tree - covered. To the west is an industrial use, the north - interstate 30, the south - a church and single family, and to the east, the land is vacant, commercial /single family. Waivers are requested for a gravel parking lot and the required street improvements to the driveway from Sibley Hole Road. The applicant feels that "the project necessitates a rustic atmosphere because the idea is to project a country "away from - it all" atmosphere." May 19, 1987 SUBDIVISIONS Item No. 2 - Continued A street improvement waiver is requested because there will be no entrance to Lot 1 from Sibley Hole Road. The sole access will be from adjoining property off the I -30 access road. The driveway is currently used by Terry's Auto, which has been in this location since before the area was annexed to the City. B. Analysis The applicant is asked to improve the parking lot and drive and provide a vehicle prohibition zone on Lot 1. The pipe -stem is in access of 200', and a 6' fence and 25 -foot buffer is required adjacent to residential areas. C. Staff Recommendation Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: The applicant agreed to orient access toward the interstate .instead of Sibley Hole Road. There would also be no access into Terry's Auto, so improvements on the entire street would not be required until it is used for access. The applicant also agreed to provide floodway dedication and present plans for lighting, screening, and planting. Wastewater - Additional easement required for extensions. Water - On -site fire protection required. Acreage charge of $150 per acre will apply. May 19, 1987 SUBDIVISIONS Item No. 2 - Continued PLANNING COMMISSION ACTION: The applicant was present. Several persons from the neighborhood were in attendance. The objections raised related to the rezoning of the property (see No. 9 and 9a). The applicant clarified the fact that Terry's Auto could take access, but persons utilizing the Catfish Park could not. A motion for approval was made and passed by a vote of 7 ayes, 4 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 3 NAME: Westchester Subdivision, Phase V LOCATION: West of Taylor Loop Road and south of Highway 10 DEVELOPER Ridgeley Development Corp. 10510 I -30, No. 5 Little Rock, AR 72209 Telephone: 562 -7215 ENGINEER: Robert C. Lowe. Jr., . & Assoc. 10510 I -30, No. 5 Little Rock, AR 72209 Telephone: 562 -7215 AREA: 5.5 Acres NO. OF LOTS: 12 FT. NEW STREET: 725 ZONING: "R -2" PROPOSED USES: Single family A. Existing Conditions This site is in a developing area of single family homes. Taylor Loop Creek is located to the west of the project. B. Development Proposal The applicant is proposing to develop 5.5 acres into 12 lots and 725' of new street. No variances are requested. C. EngineeringyComments (1) Streets need to be at 90° angles at intersection. (2) Ten -foot vehicle prohibition zone on Highway 10 - needs to be in bill of assurance, as well as shown on plat. D. Analysis Engineering has stated that this proposal involves the rechanneling of Taylor Loop Creek. Staff asked that sidewalks be constructed on Cantrell Road. Please rearrange angle of south lot lines on Lot 67 and 68 May 19, 1987 SUBDIVISIONS Item No. 3 and provide a 50 -foot building line on Cantrell. E. Staff Recommendation Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: The applicant agreed to provide a 50' setback as required by the Highway 10 Plan, and a 10' vehicle prohibition. He explained that Lot 63 was a reserved tract and a part of Lot 75 is in a previous phase of the subdivision. It was determined that notices were not needed since the City was the abutting owner. Wastewater - Additional easements required. Water - Extensions required. PLANNING COMMISSION ACTION: A motion for approval was made and passed by a vote of 11 ayes, 0 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 4 NAME: LOCATION: AGENT: J. B. Vanhook Realty, Inc. 1100 North Hughes Street Little Rock, AR 72207 Telephone: 664 -7554 ENGINEER: Shackleford Place "Long- Form" PRD (Z -4824) Southwest quadrant of Shackleford and I -430 nWXYLIT nnVn . C. & A. Investors, Ltd. 1275 Peachtree Street, NE Atlanta, GA 30367 Telephone: (404) 888 -3000 Contact: James W. Bealle Charles Kober Associates 4514 Travis Street, Suite 350 LB7 D allas, TX 75205 -4127 Telephone: (214) 520 -3500 AREA: 30 acres N0. OF LOTS: 1 FT. NEW STREET: 0 ZONING: 110 -2" PROPOSED USES: Mixed Use Shopping Center A. Develo2ment Proposal 1. To construct 30 acres as a mixed use development containing commercial, retail, office, and hotel uses. B. Quantitative Data 1) Major A . . . . . . . . . . . . 41,600 sq. ft. 2) Major B . . . . . . . . . . . . 28,000 sq. ft. 3) Retail C . . . . . . . . . 67,695 sq. ft. 4) Cinema (D)1,900 . . . . . . . 25,600 sq. ft. 5) Office E . . . . . . . . . . . 105,500 sq. ft. 6) Hotel F (250 rooms) . . . . . . 108,000 sq. ft. 7 ) Bank G . . . . . . . . . . . . 5,000 sq. ft. 8) Restaurant H . . . . . . . . — _6,000 sq. ft. Total 432,390 sq. ft. May 19, 1987 SUBDIVISIONS Item No. 4 - Continued (9) Parking . . . . . . . . . . 1,922 spaces - handicapped parking will be provided per Code. C. Developmental Time -Frame Site work will commence in the spring of 1988 with development of the entire project taking five years. D. Engineering Comments (1) Pay for signals at off ramp and the proposed one into shopping center. (2) Shackleford will be five -lane section, plus extra decel lane at each of two intersections. Traffic study did not indicate this. (3) Dual lefts at intersection onto Shackleford. 100 -foot right -of -way on Shackleford required. Additional right turn lane on I -430 on -ramp. (4) Problem with interior lay -out. Traffic Engineer needs to approve internal parking lay -out at entrances. (5) Show how interior collector ties into property to the south. (6) Provide public collector for frontage access road instead of interior type collector. (7) It appears that traffic study does not address Master Street Plan requirements; however, its a good starting point. (8) Grading plan is deficient (contact Mike Batie at Engineering). Deficiencies include: (A) No provision for undisturbed buffer strip adjacent to I -430 and Shackleford adjacent to Aldersgate. (B) Cut and fill shown will totally strip all existing tree cover. Plan should provide for May 19, 1987 SUBDIVISIONS Item No. 4 - Continued terracing which retains existing tree cover within. (C) Not shown on plan - cut and fill by hatching, stages of grading, top and toes of cut and fill, erosion and sediment control, seal of registered engineer. Please see Mike Batie. E. Analysis Staff has serious concerns about the proposed development. Problems with traffic, site plan, and the grading plan have been indicated. Of foremost concern is the applications proposed use, which represents a radical departure from the I -430 Land Use Plan, which designates the area as a scenic office corridor. Staff feels any change in this document as a major shift in policy; and is very reluctant to support such a change at this time. There are several reasons for this position. As designed, the site plan appears to encourage strip commercial development along Shackleford with the food establishments in their proposed locations. Staff is very concerned about stripping out this area since it could adversely affect Sandpiper Subdivision, create traffic problems, and place pressure on the Aldersgate property to the east. There are also other vacant parcels available that are currently zoned for commercial at Kanis and Shackleford, Markham and Kanis, and the Colonel Glenn interchange. Furthermore, the area has begun to develop as an office corridor as recommended in the I -430 Land Use Plan. Examples include the Farm Bureau and Koger Office Park, which has bought additional land for an extension of their current use. Engineering has pointed out that the traffic study does not address City requirements and was not very thorough since it did not recognize Shackleford as a five lane arterial and the future 36th Street interchange in the traffic considerations. It is felt that the site plan is overbuilt with parking and buildings, which results in the proposed amount of May 19, 1987 SUBDIVISIONS Item No. 4 - Continued grading. If approved, staff suggests scaling down the project, and leaving natural vegetation. A 50 -foot undisturbed buffer is recommended all around the site. F. Staff Recommendation Denial as filed. SUBDIVISION COMMITTEE REVIEW: Staff reported that a letter had been received requesting deferral until next month's meeting. PLANNING COMMISSION ACTION.: A motion for deferral was made and passed by a vote of 11 ayes, 0 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 5 NAME: DEVELOPER: Sexton Company 9001 North Meridan Street Indianapolis, IN 46260 Telephone: (317) 846 -4444 AREA: 31.624 acres NO. Rock Creek Court 13500 Rock Creek Parkway ENGINEER: Mehlburger, Tanner, Robinson, and Associates 201 South Izard Little Rock, AR 72201 Telephone: 375 -5331 OF LOTS: 1 FT. NEW STREET: 0 ZONING: "MF -18" PROPOSED USES: Additional covered parking at existing apartment complex. A. Staff Report The applicant is asking to add three areas of enclosed parking and extra parking spaces in an apartment project that is already built. The enclosed parking will number 14. The applicant is asked to indicate how many parking spaces will be in the open parking area. B. Staff Recommendation Approval, subject to comments made. SUBDIVISION COMMITTEE REVIEW: The applicant explained that four parking spaces were proposed in the open parking area. May 19, 1987 SUBDIVISIONS Item No. 5 - Continued PLANNING COMMISSION ACTION: A motion for approval was made and passed by a vote of 11 ayes, 0 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 6 NAME: Otter Creek Parkway Conditional Use Permit (Z- 4384 -A) LOCATION: The northwest corner of State Highway No. 5 and Otter Creek Parkway (13420 Otter Creek Parkway) OWNER /APPLICANT: Circle K Corporation /Dr. John C. Miller PROPOSAL To lease and use 1,000 square feet of an existing commercial strip center for an animal clinic enclosed (12 capacity) on 1.34 acres of land that is zoned "C -1" /Conditional Use Permit. ORDINANCE DESIGN STANDARDS: 1. Site Location The intersection of an arterial street (Stagecoach Road) and a collector street (Otter Creek Parkway). 2. Compatibility with Neighborhood This proposal is part of an existing strip commercial center that has already received a conditional use permit for a gas station. The site is abutted by an industrial use to the south, an office use to the north, and vacant land to the east and west. The proposal is compatible with the surrounding area. 3. On -Site Drives and Parking The site contains three access drives (two on Otter Creek Parkway and one on Stagecoach Road) as well as 44 paved parking spaces. May 19, 1987 SUBDIVISIONS Item No. 6 - Continued 4. Screening and Buffers The applicants apparently met landscape requirements with their initial construction. 5. Analysis The proposal for an animal clinic enclosed is compatible with the surrounding area. The staff has no problems with this proposal. 6. City Engineering Comments None. 7. Staff Recommendation Approval as filed. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. The item was not discussed. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes and 0 noes to approve the application as recommended by the staff. May 19, 1987 SUBDIVISIONS Item No . 7 NAME: Potter Street Conditional Use Permit (Z -4808) LOCATION: The east side of Potter Street just north of 38th Street (3715 Potter Street) OWNER /APPLICANT: Carl Steven Woolbright PROPOSAL: To convert an existing one story garage to a 640 square feet dwelling unit on one lot that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to a residential street (Potter Street). 2. Compatibility with Neighborhood This site is abutted by single family uses on three sides with a municipal park located to the west. The garage is an existing building. The garage is only 1.3 feet off the north property line, but the house located to the north has a substantial side yard. The proposed use is compatible with the surrounding area. 3. On -Site Drives and Parking The applicant has proposed using the existing gravel drive as both access and parking. 4. Screening and Buffers The applicant is proposing to use the existing trees and shrubbery to meet landscape requirements. May 19, 1987 SUBDIVISIONS Item No. 7 - Continued 5. Analysis The existing accessory building does not meet setback requirements (3' required in side yards, 1.3' existing and 6' from the main structure, 2' existing). The applicant, however, has not proposed any additions to the nonconforming structure and the use is not detrimental to the surrounding area. The single family structure located to the north has a more than adequate side yard setback. The staff does feel, however, that the applicant should double the width of the existing drive and pave it for a length of 301. The widening of the drive would allow unobstructed access to both dwelling units. Finally, the applicant must live in one of the units on-site. 6. City Engineering Comments None. 7. Staff Recommendation Approval, provided the applicant agrees to double the width of and pave the access drive for a length of 30'. SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes and 0 noes to approve the application as recommended by the staff, reviewed by the Subdivision Committee, and agreed to by the applicant. May 19, 1987 SUBDIVISIONS Item No. 8 NAME: West 12th Street Conditional Use Permit (Z -4814) LOCATION: The northwest corner of Appainway and West 12th Street (2810 West 12th Street) OWNER /APPLICANT: Carl Lynn Vines PROPOSAL: To construct an 884 square feet addition (two service bays) to an existing 642 square feet service station building which would allow for limited motor vehicle repair. A side yard variance is also requested (3' 2" is requested, 15' is required). ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to an arterial street (West 12th Street) and a residential street ( Appainway). 2. Compatibility with Neighborhood The Stephens School Plan calls for a commercial use on this site and projects light industrial and industrial uses to the north and the east. The existing land use includes duplex to the north, duplex and commercial located to the south, church and single family to the east, and industrial to the west. It is obvious that the neighborhood includes mixed uses and according to the "plan" will be in transition to more intense uses in the future. Given these considerations, the staff feels that this proposal is compatible with the surrounding area. 3. On-Site Drives and Parking The site contains three access points ( one 50' access on Appainway and two 40' access drives on West 12th Street). The entire property is paved and could be used for parking. May 19, 1987 SUBDIVISIONS Item No. 8 - Continued 4. Screening and Bufffers No landscape plan has been submitted. 5. Analysis The staff feels that this proposal will not have a negative impact on the surrounding area (see number 2). Ordinarily, a 15' side yard is required between commercial and residentially zoned property. This site, however, already has a building constructed 5' 4" from the property line. The proposed addition (3' 2" setback) will be further removed from the duplex located to the north and also enclose an existing outside grease rack. The location of an existing concrete wall and the grease rack further necessitates constrution 3' 2" from the side yard setback. The applicant will be required to meet City Landscape requirements and will not be allowed any outside storage or display as per "C -3" zoning district requirements. Finally, the applicant needs to paint the rear of the building to match the existing structure. 6. City Engineering Comments None. 7. Staff Recommendation Approval as filed provided the applicants agrees to: (1) comply with City Landscape Ordinance requirements; (2) no outside display or storage on -site; and (3) to paint the structure to match the existing building. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. The item was not discussed. May 19, 1987 SUBDIVISIONS Item No. 8 - Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes and 0 noes to approve the application as recommended by the staff. May 19, 1987 SUBDIVISIONS Item No. 9 NAME: Catfish Park Conditional Use Permit (Z- 4822 -B) LOCATION: Just north of the intersection of Nash Lane and Sibley Hole Road OWNER /APPLICANT: Terry R. and Carolyn S. Jones, Noel W. and Dianne Gattis, and Edward A. Culin /Terry R. Jones and Peggy O'Neal PROPOSAL: To rezone ( "I -2 "), obtain a floodplain variance, to replat, and to obtain a conditional use permit on 12.17 + acres of land currently zoned "R -2" and "I -2" which would allow the removal of two existing buildings, the construction of two catfish ponds (5 + acres and 1.74 acres), the retention of one 2,000 square feet building which will be used for retail fish sales and the regulation of on- premise fishing by the public. ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to an interstate service road (I -30 to the north) and a collector street (Sibley Hole road to the south) . 2. Compatiblity with Neighborhood This site lies within the floodplain /way of Nash Creek and I -30 corridor. The interstate lies to the north, a church and single family lie south of Sibley Hole Road, vacant, commercial, and single family lie to the east, and vacant land and industrial uses lie to the west. The property to the east and west of this site is already zoned "I -2." The proposed use can be compatible provided the necessary buffers and restrictions are observed. May 19, 1987 SUBDIVISIONS Item No. 9 - Continued 3. On -Site Drives and Parking The proposal contains a 25' the I -30 service road and 45 access from Sibley Hole Road gravel access drive from gravel parking spaces. No is proposed. 4. Screening and Buffers The applicants are proposing a 50' green area or buffer along Sibley Hole Road and north up to the proposed sales building. The applicants further propose a 30' green area or buffer along the south line and south of the proposed sales building. 5. Analysis The staff feels that the proposed use can be compatible under certain conditions (see number 2). The staff feels that all the proposed buffer areas should remain undisturbed and that no access be allowed via Sibley Hole Road. The staff also feels that a 6' privacy fence should be constructed along the south and east line adjacent to the proposed sales building. Finally, the applicant needs to provide more details about the hours of operation and the dressing or cleaning of the fish on -site. 6. City Engineering Comments (1) Pave the proposed parking area; (2) construct the proposed access drive to industrial street standards; and (3) dedicate the necessary right -of -way on Sibley Hole Road to meet City Collector Street Standards. 7. Staff Recommendation Approval, subject to the applicant receiving approval by the Planning Commission with regard to zoning, replatting, and the floodplain variance, and the applicant agreeing to (1) preclude access to Sibley Hole Road; (2) construct a 6' privacy fence along the south and east property line adjacent to the proposed sales building; (3) leave the 50' and 30' buffer areas undisturbed; (4) provide additional information with regard to the proposed hours of operation and the dressing or cleaning of the fish on -site; and (5) comply with City Engineering Comments 1 -3. May 19, 1987 SUBDIVISIONS Item No. 9 - Continued SUBDIVISION COMMITTEE REVIEW: The applicant was present and agreed to comply with staff recommendations with the exception of the paving of the access drive and parking. The staff stated that no access should be allowed from the existing gravel road located to the south. The staff also asked whether or not the applicant intended to use outside lighting. The applicant stated that they did intend to use outside lighting. The staff had reservations about the use of outside lighting. The applicant did not speak to the issue of the proposed hours of operation. With regard to the dressing or cleaning of fish, the applicant stated that the fish would be cleaned on -site but that the remnants would be removed from the site daily. The Water Works stated that an acreage charge of $150 per acre would apply and that the Water Works would need a 15' easement across this lot and adjacent to I -30 for a future main extension. PLANNING COMMISSION ACTION: The applicants were present and stated that they were officially amending their application to a planned commercial development from the original proposal of "I -2" and that the small parcel that is currently zoned "I -2" would continue to be considered as a conditional use permit and would be valid only with the approval of the planned commercial development by the Little Rock Board of Directors. The staff recommended approval of the conditional use permit provided the applicant agreed to: (1) limit access to the site by only the I -30 service road; (2) limit the hours of operations from 6 a.m. to 10 p.m.; (3) pave the parking area; and (4) construct a 6' privacy fence along the east and south property lines nearest the metal building. The applicant agreed to comply with all staff recommendations. There were a number of objectors present as well as three supporters of the proposal. Mr. Crow, Mr. Taylor and Mr. Kostin stated that they did not live in the area, but that they felt the proposal would he beneficial to the community. Mr. Dale Grady, an attorney representing the Hassles, spoke in objection to the proposal and delivered a petition in opposition. His opposition May 19, 1987 SUBDIVISIONS Item No. 9 - Continued centered around the inappropriateness of the land use, and the fact that his client's property values would be negatively impacted. Mr. Cooper and Mr. Dreher also spoke in opposition to the proposal. Their arguments were generally the same as Mr. Grady's. A lengthy discussion then ensued. The applicant further agreed to: (1) no alcohol sales or consumption on the premises; (2) no odor, in that the cleaning of the fish would be accomplished entirely inside the buildinq and the remnants taken away each day, or refrigerated if they weren't removed from the property; and (3) a limit of 200 pounds live weight cleaned fish sold per customer per day. The Commission then voted 7 ayes, 4 noes and 0 absent to approve the conditional use permit subject to the staff's comments numbered 1 -4, and the applicants comments numbered 1 -3, with the contingency that the conditional use permit is valid only by the Board of Directors approval of the associated planned commercial development. May 19, 1987 Item No. 9A - Z -4822 Owner: Various Owners Applicant: Terry Jones Location: Sibley Hole Road (At Nash Lane) Request: Rezone from "R -2" to "I -2" Purpose: Catfish Fishing Pond and Sale of Catfish Size: 11.96 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - I -30 Right -of -Way, Zoned "R -2" South - Single Family and Church, Zoned "R -2" East - Single Family and Industrial, Zoned "R -2" and "I -2" West - Vacant, Zoned "R -2" PLANNING CONSIDERATIONS: 1. The proposal is to develop the property under consideration for a public catfish fishing facility. In addition to the fishing pond, there will be retail sale of catfish. To accomplish this, a rezoning change is necessary along with a conditional use permit, a floodplain variance and a subdivision plat. (Staff recommended "I -2" to the applicant because of the location and the existing zoning.) The property is approximately 12 acres in size and is situated between I -30 and Sibley Hole Road. The land use in the area is mixed and includes residential, commercial and industrial. Some of the land is still vacant and the most recent development or land use change is a church under construction at the southwest corner of Sibley Hole Road and Nash Lane. There are also some new single family units being built to the east, south of Sibley Hole Road. Based on the existing development pattern, it appears that Sibley Hole Road is a line between residential and nonresidential uses. 2. The site is vacant and wooded with a large portion of it located in the Nash Creek Floodway. 3. Sibley Hole Road is classified as a collector so dedication of additional right -of -way will be required. May 19, 1987 Item No. 9A - Continued 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Staff has received several calls and letters in opposition to the proposed rezoning. There is no documented history on the site. 7. This area is part of the Otter Creek District Plan which does not identify the location for industrial uses. After reviewing the request, staff feels that an "I -2" rezoning is appropriate and suggest that a planned amendment should be initiated if the reclassification is granted. The Otter Creek District Plan shows the area for mixed residential and staff believes that is somewhat unrealistic, especially for the land between I -30 and Sibley Hole Road. North of Sibley Hole Road the land use is more fragmented and the area has been impacted by the existing "I -2" zoning. Maintaining the residential character south of Sibley Hole Road is important and must be taken into consideration when addressing a rezoning change in the neighborhood. If the plan amendment is recommended as mentioned by the staff, it should only be for the area north of Sibley Hole Road and include some type of open space buffer on the north side of Sibley Hole Road. This should help protect the neighborhood to the south and minimize any potential impacts from future rezonings. With this particular request, staff recommends the south 50 feet be rezoned to "OS." The proposed site plan shows the south 50 feet as a green area so the "OS" zoning is compatible with that. Also, the "OS" will restrict access to Sibley Hole Road and direct it all to the I -30 frontage road which should help the residential neighborhood. This 50 foot "OS" strip is in addition to the floodway area which also needs to be rezoned "OS" and dedicated to the City. The proposed use will still need other approvals to permit it even if this rezoning request is granted. STAFF RECOMMENDATION: Staff recommends approval of "I -2" except for the designated floodway and a 50 -foot strip adjacent to Sibley Hole Road. The recommended rezoning for those areas is "OS" open space. May 19, 1987 Item No. 9A - Continued PLANNING COMMISSION ACTION: (5 -5 -87) The applicant, Terry Jones, was present and represented by Peggy O'Neal, an attorney. Donald Crowe, the proposed developer, was also present. There were 12 to 15 objectors in attendance. Ms. O'Neal spoke and described the proposal which she said was very similar to an existing fishing pond development in Dallas. She went on to say that in addition to the fishing ponds, retail sale of catfish was also being planned for the site. This would involve allowing the customer to select a fish from a tank, and then it would be cleaned if the person so desired. Ms. O'Neal sald that there would be no processing plant on the site and all the necessary measures would be taken to eliminate odors. She then described a meeting that was held with several of the residents in the neighborhood and indicated that the owners had no objections to the "OS" as recommended by the staff. Terry Jones then described the site work which he said involved just clearing out underbrush. Mike Batie of the Engineering Office said that it was reported to him that the land been totally cleared. Jim Lawson of the Planning staff then addressed the plan issue and suggested that the "I -2" request be delayed because there were too many problems or uncertainities associated with the rezoning. There was a long discussion about the plan and other items. Mrs. James Cottey said that she was opposed to the rezoning but had no objections to a deferral. Sue Cooper spoke in opposition to the proposed use and deferring the rezoning request. She said that the neighborhood was family oriented and the catfish operation would cause too many problems. She also reminded the Commission of the letters and petitions in opposition to the rezoning. Dale Grady, an attorney, spoke and said he was represnting the Hassells, adjacent property owners. Mr. Grady described the Sibley Hole Road neighborhood and said that the Hassells were opposed to the rezoning request. He asked that the Planning Commission maintain the residential character of the area by not approving the proposed commercial development. Mr. Grady also said that the site work had been started about two weeks ago. Ray Parker then asked why the request was not being heard through one application. There was some discussion concerning this matter. Ms. O'Neal then said that the owners were willing to convert to a PUD and defer the issue. Lem Dreher, a Sibley Hole Road resident, requested the Commission to vote on the "I -2" rezoning as filed. There were additional comments made by the various parties. A motion was then offered to defer the rezoning request to the May 19, 1987, meeting. The motion was approved by a vote of 10 ayes, 0 noes, and 1 absent. A second motion was made to waive the legal ad requirement and the filing fee for the PUD. The motion passed by a vote of 10 ayes, 0 noes, and 1 absent. (The applicant agreed to renotifying the property owners and posting the sign for a PUD.) May 19, 1987 Item No. 9A - Continued PLANNING COMMISSION ACTION: (5- 19 -87) The applicant was represented by Attorney Peggy O'Neal. There were a number of objectors in attendance. Ms. O'Neal addressed the Commission and amended the "I -2" rezoning request to "PCD" and "OS" Open Space for the floodway with a conditional use permit for the one acre tract to the east. (See the minute record for Z- 4822 -B, May 19, 1987, for complete record and the vote.) Several persons spoke in favor of the proposal, Mr. Tommy Taylor, owner of tractor sales company that abuts this property on the west, felt that the proposal would improve the area if done properly, especially since the existing state of the site was described as being "trashy." Mr. Tim Costin thought that this was a good idea for elderly persons and tourists. Mr. Crow was also favorable to the community. Mr. Dale Grady, an Attorney for the Hassle family, offered objections and submitted a petition. He first objected to the notice and then asked that the Commission not allow the applicants to devastate the neighborhood by negatively impacting property values. He felt that the tactics of the Developer bordered on the unethical, since he was risking thousands of dollars and the life savings of the out -of -state investors if this was not approved and devastating a neighborhood if it was approved. It was pointed out that the persons speaking in favor of the proposed project were not owners of single family homes in the area. Mrs. Susie Cooper of 313 Sibley Hole Road felt that the project would reduce property values in a "working-class, family oriented" community, whose greatest asset is their home. She felt that it was unfair for business speculators from the outside to consolidate with businesses in the area in favor of this project. Ms. Dreher of 219 Sibley Hole Road stated similar objections. Attorney O'Neal addressed questions from the Commission and concerns of the residents. She stated that if the planned method of waste removal did not work, a refrigerator would be used to store waste and it may not be hauled off as frequently. She explained that she did send notices to property owners. May 19, 1987 Item No. 9A - Continued After discussion by the Commission, a motion was made for approval, subject to: (1) hours of operation 6 a.m. to 10 p.m., (2) shielded lighting no more than 2' in height, (3) replanting of 50' buffer or a fence according to staff specifications, (4) paving of drive and parking to commercial standards with no curb and gutter - 24' width, (5) dedication of floodway, (6) rezoning of floodway to "OS", (7) the sale of no more than 200 pounds of fish a day, (8) all cleaning of fish inside metal building with daily disposal or refrigerated method as requested by Ms. O'Neal, (9) no alcoholic beverages, (10) no Sibley Hole access, (11) fish moved live, (12) shading structures if necessary (will show on revised site plan), and (13) drain lakes if applicant goes out of business. The motion passed by a vote of 7 ayes, 4 noes, and 0 absent. May 19, 1987 SUBDIVISIONS Item No. ,10 - Right-of-Way Abandonment NAME: South Cedar Street LOCATION: Running south off West 31st Street to the north right -of -way line of the Missouri Pacific Railroad spur OWNER /APPLICANT: Betty Prousnitzer and Hastings Realty Company By: Samuel Davis REQUEST; To abandon this 40' x 290' ± platted street for purposes of combining with the adjacent lots. STAFF REVIEW 1. Public Need for this Riqht-of-Way None evident from our review. 2. Master Street Plan There are no issues associated with this request. 3. Need for Right -of -Way on Adjacent Streets None required. 4. Characteristics of Riqht -of -Way Terrain This 40' right -of -way contains a narrow foot path along the rear of an industrial building and an open drainage ditch draining to the south. 5. Development Potential None except as yard space for the adjoining lots or as a drainaqe way. May 19, 1987 SUBDIVISIONS Item No. 10 - Continued 6. Neiqhborhood Land Use and Effect On the north, the land is vacant and partially developed as industrial. On the east lies a vacant tract. On the south is vacant land, and on the west is the petitioner's industrial use. This abandonment should have no adverse effect on adjacent land uses or vacant properties. 7. Neiqhborhood Position None expressed at this writing. 8. Effect on Public Services or Utilities The retention of this right -of -way as an easement is required by utilities in their response. In addition, the Fire Department has taken a firm position against the abandonment of this right-of-way. The petitioner has been instructed to follow up on the requirements of the Fire Department in order to gain abandonment. 9. Reversionary Riqhts One -half of the alley to each of the two abutting owners. 10. Public Welfare and Safety Issues The abandonment of this right -of -way as a public street will return to the private sector a land area that will be productive for the tax base. STAFF RECOMMENDATION: The Planning staff_ recommendation in this instance would be approval of the petition subject to retention of the right -of -way as utility and /or drainage easement. However, the Fire Department position suggests to us that it would be appropriate to defer action on this matter until such time as the Fire Department determines a new position on the matter or their position becomes absolute. In the event of the latter, the Planning Department would suggest denial of the petition. May 19, 1987 SUBDIVISIONS Item No. 10 - Continued PLANNING COMMISSION ACTION: (5- 19 -87) The Planning staff offered its recommendation on the abandonment of this right -of -way and included comments from the Little Rock Fire Department as to their hesitancy to support the abandonment. The petitioner, Mr. Sam Davis, representing the owners was in attendance. A discussion of the matter followed. The Commission offered a motion to defer the matter until June 30 in order to resolve the issue with the Little Rock Fire Department. The petitioner, Mr. Davis, offered that the Commission could instead approve the abandonment and attach a requirement for a 20 -foot Fire Department easement over the former street right -of -way. This would be discussed and resolved with the Fire Department prior to forwarding the Board of Directors for ordinance. The Commission briefly discussed the second option. A motion was then made to recommend approval to the City Board of the abandonment subject to the retention of the Fire Department easement, the matter to be forwarded to the City Board after agreement by the Fire Department. The vote on the motion: 11 ayes, 0 noes and 0 absent. May 19, 1987 SUBDIVISIONS Item No. 11 - Street Name Change Request NAME: North Parkway Place Drive APPLICANT: Joseph W. Gelzine representing property owners and the Bailey Corporation, developer LOCATION:_ The existing collector street lying between the Rock Creek Parkway on the south and St. Charles Boulevard on the north REQUEST: To change the name to Royal Way from the current Royal Way segment to the Parkway so as to eliminate the current three name relationship on this alignment and establish two dissimilar names. STAFF ANALYSIS: This request was filed at the urging of the Bailey Corporation and several property owners. During 1986, a phase of the Bailey Corporation's plat of St. Charles and St. Thomas was recorded with an entry for a street name that had not been approved by the Planning Commission. This occurred through an oversight of Planning staff when reviewing the subdivision final plat. No mention was made of the street name change when submitting the plat for our review. These actions created a second street name on a pavement alignment that is continuous for over a mile. The break in names occurs at St. Charles intersection in a curve where confusion exists as to where one street name ends and the other begins. This can and often does cause conflict for emergency services when street names are improperly applied. In this instance, there will be houses side by side with consecutive numbers in the 800 block north but with different street names. The several points of concern which we feel should be discussed by the Planning Commission are: (1) discontinuity of street name on an important collector street serving several neighborhoods, (2) direct May 19, 1987 SUBDIVISIONS Item No. 11 - Continued conflict of street name with a street existing one mile more or less east of the Parkway Place Drive area. If the segment of Royal Way now in place had been requested for name change in the usual fashion, the various departments and agencies probably would have recommended against such a change utilizing the points stated above as basis. Since the 1960's, the various City departments and agencies have made a coordinated effort to avoid name conflicts and applying several names on a continuous street alignment. If we are to maintain that effort, it appears that a new name for all of the North Parkway Place Drive is in order and the elimination of Royal Way altogether. This is the appropriate time to accomplish such a task inasmuch as the several owners have indicated their willingness to accept a name change. At this time, there are approximately eight houses occupied and no more than two under construction. There are probably nine of these houses with working street addresses at this time. STAFF RECOMMENDATION: The staff will not offer a specific recommendation except to encourage the Planning Commission to maintain past policy and procedure relative to assignment of street names. PLANNING COMMISSION ACTION: (5- 19 -87) The Planning staff offered its recommendation and history on this proposal. The principal problem identified by the staff was the potential for the creation of three street names on a single street center line alignment. This would be caused by the retention of one block of North Parkway Place between West Markham and the Parkway. Mr. Joe White was present representing St. Charles developers. He offered comments in support of the request as well as introducing a new street name which would eliminate the conflict potential with an existing street. The street name offered was Loyola Drive. The street name to be applied May 19, 1987 SUBDIVISIONS Item No. 11 - Continued from the Parkway north to the terminus of the current Royal Way. Henk Koornstra of the Traffic Engineer's Office offered comments on the proposed street name change to the effect that the third name between Markham and the Parkway has a separate street numbering system. He suggested time to review this proposal in light of the new name and the conflict with the current streets. The Commission accepted this suggestion. A motion was made to defer the petition until June 30, 1987, at which time staff would report on a study on the street numbering system and resolution of the problem. May 19, 1987 SUBDIVISIONS Item No. 12 NAME: Fire Station No. 20 Conditional Use Permit (Z -4831) LOCATION: The south side of Oak Meadow Drive just southeast of Parkside Drive (300 Oak Meadow Drive) OWNER /APPLICANT: The City of Little Rock /Wendell Jones PROPOSAL To construct a 6,287 + square feet one story fire station (normal complement four fire persons) on .874 acres of land that is zoned "R -2." ORDINANCE DESIGN STANDARDS: 1. Site Location Adjacent to a residential street (Oak Meadow Drive). 2. Compatiblity with Neighborhood The land surrounding this site is vacant on three sides with neighborhood recreational facilities (two tennis courts and a swimming pool) and single family located to the south. The proposed structure sits on almost one acre of land and will be oriented away from the single family area towards what will be future office uses. The propsoed use is compatible with the surrounding area. 3. On -Site Drives and Parking The proposal contains two access drives on Oak Meadow Drive and 13 paved parking spaces. May 19, 1987 SUBDIVISIONS Item No. 12 - Continued 4. Screening and Buffers The applicant is proposing to use existing trees and shrubs and will meet existing landscape requirements. 5. Analysis The staff feels that the proposed fire station will be compatible with the surrounding area. The staff has no problems with this proposal. 6. City Engineering Comments None. 7. Staff Recommendation Approval as filed. SUBDIVISION COMMITTEE REVIEW: The applicant was present. The representative from the Wastewater Utility stated that the proposed building was located over an existing sewer main and that the main should be relocated and all corresponding easements be provided. The applicant agreed to comply. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. The Commission voted 11 ayes and 0 noes to approve the application as recommended by the staff, reviewed by the Subdivision Committee, and agreed to by the applicant. DATE� /z' ff� P L A N N I N G C O M M I S S I O N V O T E R E C O R D ITEM NUMBERS ZONING ·SUBDIVISION MEMBER W.Riddick, III--- J.Schlereth R.Massie B.Sipes J.Nicholson W.Rector W.!<etcher D.Arnett O. J. Jones R.Collins F.Perkins ,4 ,/ ✓ ✓ ,/ / / V ,/ I ✓ / I � / • / ✓ / • / ✓ ✓ y"' ✓v / ✓ / ✓ ✓ , . � • ,/ ✓ 3 � , h 1 v ,/ V' ,/ v ✓ ✓ . ./ ✓ ✓ / ✓ ✓ ✓ / ✓./ ✓✓ ✓ ✓ ✓✓ ,/ ✓ ✓ ✓✓ ✓ � / ✓ ✓ ,/ / ✓,/ ✓✓ y ✓✓ ✓✓ / ,/ ,,/ ,,/ ✓ ✓ / ✓ ✓ ✓ ✓ ✓AYE � NAYE A ADS ENT �ABSTAIN I( 9 I� II /,fl., v • ✓ / i/ I✓ ✓ / ,,r ,/ _/ • ✓ / / ,/ ✓ / ,/ / / �/ ,/ ,/ ✓ ✓ ✓/ ✓ ,/ ✓v ✓ ,/ / ✓✓ / / ./ ,/ • / v / ,/ • / ✓ / / ✓ ✓ v ✓ .,. .-.. q'II q5 I I • t/ � •v � ✓ ✓ , .,.., ✓ ✓ V ',/ ✓,/.-•••• ✓ May 19, 1987 SUBDIVISIONS There being no further business, the meeting was adjourned at 4:00 p.m. Date Secretary Chairman