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pc_03 08 2018 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MARCH 8, 2018 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Craig Berry Buelah Bynum Keith Cox Rebecca Finney Scott Hamilton Marlon Haynes Troy Laha Paul Latture Diana Thomas Members Absent: Bill May Robert Stebbins City Attorney: Shawn Overton III. Approval of the Minutes of the January 25, 2018 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MARCH 8, 2018 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-9291 Word of Outreach Prayer Garden – Conditional Use Permit 2700 Brown Street II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-5253-A Scott Field Improvements at Forest Heights Middle School – Conditional Use Permit 5901 Evergreen 2. Z-7935-C Vedant Society of Arkansas – Revised Conditional Use Permit 10224 Nash Lane 3. A Revision of the River Market Design Overlay District (Sec. 36 -350 through Sec. 36-367). March 8, 2018 ITEM NO.: A 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 27 th 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 off ice, 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. March 8, 2018 ITEM NO.: A (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 this 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 March 8, 2018 ITEM NO.: A (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 previou sly 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 March 8, 2018 ITEM NO.: A (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 at 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. March 8, 2018 ITEM NO.: A (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 on 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. STAFF UPDATE: In response to concerns raised at the January 25, 2018 Commission meeting, the applicant has submitted the following amendments to her application. March 8, 2018 ITEM NO.: A (Cont.) FILE NO.: Z-9291 6 1. Fencing and an entrance gate with a lock will be placed around the prayer garden. 2. The normal hours of operation for the prayer garden will be 8:00 a.m. – 8:00 p.m. daily. 3. There will be no additional lighting placed in the prayer garden. There is an existing night light from Entergy which comes on in the night and goes off in the morning. 4. The sound system will only function during the hours the prayer garden is open. 5. No benches, chairs, etc. … will be placed in the garden until a fence (with gate and lock) has been erected around the garden. 6. The prayer garden will not be available for general public use until a fence with a lock has been installed. Until such time, the applicant will keep the grounds of the prayer garden neat and clean and will begin planting trees, shrubs, plants, herbs and flowers. 7. If any Word of Outreach students, parents or staff desire to visit the prayer garden (prior to installation of the fence and other improvements) they will have to bring their own chairs, if they plan to sit. When they leave, the y will take their chairs with them. Staff believes the applicant has addressed the concerns that were previously raised concerning access to the site. No improvements will be placed in or constructed in the prayer garden (other than landscaping) prior to installation of the fence and gate, with lock. STAFF RECOMMENDATION (REVISED): Staff recommends approval of the CUP, as amended, subject to the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. 2. There are to be no improvements placed in or constructed in the prayer garden, other than landscaping, prior to the erection of a perimeter fence with gate and lock. March 8, 2018 ITEM NO.: A (Cont.) FILE NO.: Z-9291 7 PLANNING COMMISSION ACTION: (MARCH 8, 2018) The applicant was present. There was one (1) objector present. Staff presented the item and informed the commission that the applicant had submitted amendments to the application as outlined in the “staff update” above. Staff read the amendments and clarified a couple of them. It was noted that the fence described in amendment No. 1 would be a six (6) foot tall privacy fence on the west perimeter and along a portion of the north and south perimeters and a five (5) foot tall chain link or decorative wrought iron type fence between two (2) foot square brick columns along the east perimeter and the remainder of the north and south perimeters. The gate is to be on the east perimeter. A graphic had been submitted by the applicant depicting the proposed fence. Staff also clarified that amendment No. 4 also included the condition that no sound produced by the sound system is to be heard outside of the confines of the prayer garden. Staff recommended approval of the application as amended 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. There are to be no improvements placed in or constructed in the prayer garden, other than landscaping, prior to erection of the perime ter fence with gate and lock. Dr. Carolyn Smith, the applicant, reserved her time to respond to any issues which might be raised by the objector. Donald Mitchell, of 2614 Brown Street, stated he was opposed to the prayer garden. He said Word of Outreach had church facilities three (3) blocks away that could be used to congregate and pray. Dr. Smith stated the prayer garden was an extension of the church’s ministry. She stated the church wanted to reach outside of the building, into the community. Sh e described the work of the church in the neighborhood. Dr. Smith commented that other parks in the city were not fenced and gated. In response to questions from Commissioners Hamilton and Finney, Dr. Smith stated the prayer garden was open to the public and there would be no cameras. Referring to construction of the fence, Mr. Mitchell stated it takes the church a long time to do anything. Chairman Berry responded that the prayer garden could not be used until the fence was constructed, no matter how long it took. March 8, 2018 ITEM NO.: A (Cont.) FILE NO.: Z-9291 8 Commissioner Laha commented that it thought the prayer garden should close prior to 8:00 p. m., as proposed. Several other commissioners commented that they had no problem with the hours proposed by Dr. Smith. There being no further discussion, a motion was made to approve the application, as amended and including all staff comments and conditions. The motion was seconded and approved by a vote of 8 ayes, 1 no and 2 absent. March 8, 2018 ITEM NO.: 1 FILE NO.: Z-5253-A NAME: Scott Field Improvements at Forest Heights Middle School – Conditional Use Permit LOCATION: 5901 Evergreen OWNER/APPLICANT: Little Rock School District/Crafton Tull, Authorized Agent PROPOSAL: A conditional use permit is requested to allow for improvements to the existing athletic field located on this R-2 zoned, 10 acre, public school campus. 1. SITE LOCATION: The school campus is located on the south side of Evergreen Drive, just east of N. University Avenue. The athletic field is located on the south side of the campus, north of H Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The school campus (and athletic field) has existed at this location since 1955. The properties across Evergreen to the north are occupied by office uses and condominiums/multifamily. Office uses and University Avenue are adjacent to the west. A single family residential neighborhood extends to the east. Office uses, a CALS branch and a single family neighborhood are located to the south. Staff believes the propose d plan to make improvements to the existing athletic field should not affect the school’s continued compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Hillcrest, Hall High and Evergreen Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The campus contains parking lots with access off of N. Fillmore Street and Evergreen Drive. The bus drop off/pick up is located off of Evergreen in front of the school. No changes are proposed to the parking and drives. No changes are proposed to the campus or buildings that would affect the parking requirement. March 8, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-5253-A 2 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. Buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Install the required plant materials adjacent to the N Fillmore St and H St right-of-ways. A landscape irrigation system shall be required for developments of one (1) acre or larger. 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. Provide a survey of the property to determine if the adjacent right-of- way widths are sufficient. 2. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 3. A concrete driveway apron should be constructed at the existing driveway off Fillmore Street near the southeast corner of the property. All driveways shall be concrete aprons and constructed per ADA recommendations per City Ordinance. 4. An appropriate handicap ramps should be constructed compliant with ADA recommendations at the intersection of Fillmore Street and H Street in accordance with Sec. 31-175 of the Little Rock Code and City of Little Rock standard details. 5. An appropriate handicap ramps should be reconstructed at I Street and Fillmore Street in conformance with ADA recommendation in accordance with Sec. 31-175 of the Little Rock Code and the City of Little Rock standard details. March 8, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-5253-A 3 6. The sidewalk adjacent to Fillmore Street at obstruction locations such as power poles should be examined for conformance with ADA recommendations. If the sidewalk at those locations do not conform, construction of additional sidewalk width is required. 7. Sidewalks with appropriate handicap ramps should be constructed adjacent to H Street and connect with the existing sidewalk to the east and west in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9. It appears the only ADA accessible path to the field is from driveway on Evergreen Drive closest to University Avenue. An ADA accessible path should be provided to the football field entrance gate. 10. Prior to construction of retaining walls that exceeds 4 ft. tall, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Reclamation Authority: Grease Interceptor analysis required for concession stand Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities at the location of the proposed construction/renovation. However, there is an existing three phase, overhead power line running along H Street in the vicinity of the new aluminum bleachers and press box. Extreme caution should be used to maintain proper clearance from this new installation and the overhead power lines. Also, the 6’ vinyl coated chain link fence being installed at the NW corner of this project appears to be near an existing overhead power line. Again, care should be used to maintain proper clearances. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT&T: No comment received. Central Arkansas Water: No objection. Fire Department: Full plan review March 8, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-5253-A 4 Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments. Rock Region METRO: A bus route is located along University Avenue, west of this site. Planning Division: No comments received. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 14, 2018) Frank Riggins of Crafton Tull was present representing the application. Staff presented the item and outlined the proposed improvements to Scott Field. The applicant was asked to provide information on any new signage and to indicate the dumpster location, if one was proposed. Staff asked the applicant to provide the height of the proposed new visitor bleachers and press box. In response to a question, the applicant stated there would be no security wire (barbed wire) placed atop the new fencing. Staff asked if new or additional loud speakers would be installed for the benefit of the new visitor seating. The applicant was asked to locate and describe any new loud speakers and to indicate measures to assure that sound is directed into the field and not the adjacent neighborhood across H Street. Public Works Comments were discussed; particularly the issues of sidewalk installation and ADA access. The applicant was advised to work with staff to address these issues. Landscape comments were presented. Other Agency Comments were noted. The applicant was advised to submit responses to staff issues by February 21, 2018. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Forest Heights STEM Academy (Forest Heights Middle School) was constructed on this 10 acre site in 1955. The building was subsequently e xpanded in 2008 and 2009. The school building is located on the north half of the site, adjacent to March 8, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-5253-A 5 Evergreen Drive. The athletic field (Scott Field) occupies the southern half of the site, adjacent to H Street. The Little Rock School District is requesting approval of a conditional use permit to allow for various improvements to Scott Field. The specific improvements are as follow: 1. Service driveway and delivery area improvements. 2. Site drainage improvements 3. Renovation of the existing press box, concession stand, and ticket booth. 4. Creation of a spectator concourse and entry plaza 5. New perimeter fencing (6’ vinyl coated chain link to replace existing chain link) 6. Renovation of existing bleacher seats 7. Install artificial turf on the football field. 8. Install a new surface on the existing asphalt track and add facilities such as high jump and pole vault. 9. A new visitor concession/restroom building 10. New visitor bleachers and press box No expansion of the athletic field area is proposed. All improvements will occur within the existing athletic field area. No changes are proposed to the other facilities on the campus. The field has existing lighting for night play. All field lighting will remain. The applicant submitted responses to the issues raised at Subdivisi on Committee. The only new sign will be located on the fabric screen to hide the underside of the new bleachers on the south side of the field. The screen will face H Street. The image will read “Scott Field”. No new dumpsters are included in this project. There are no new loudspeakers included in this project. The bleachers and press box on the south side of the field will be 22 ft. ± above the track. Since the grade slopes down from the field towards H Street, an 11 ft. tall retaining wall will be built to contain fill to support the bleachers and press box. No security wire will be attached to the new perimeter fence. The applicant has stated they will comply with all staff comments and conditions, save one. The District is requesting a deferral of the construction of a sidewalk along H Street until the next major phase of construction at the school. It is anticipated that the next phase of construction will be located on the large field west of the athletic field. There is no time frame for the next phase of construction. Staff supports that deferral request. March 8, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-5253-A 6 To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the request to defer sidewalk construction on the H Street perimeter until the next major phase of construction. PLANNING COMMISSION ACTION: (MARCH 8, 2018) The applicants were 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 9 ayes, 0 noes and 2 absent. March 8, 2018 ITEM NO.: 2 FILE NO.: Z-7935-C NAME: Vedant Society of Arkansas – Revised Conditional Use Permit LOCATION: 10224 Nash Lane OWNER/APPLICANT: Vedant Society of Arkansas PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for the phased expansion of parking and facilities for the Vedant Society Religious and Cultural Center located on this R-2 zoned, 5.76± acre tract. 1. SITE LOCATION: The property is located on the west side of Nash Lane, one lot north of Mabelvale West Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The Vedant Society has occupied this site since late 2005. A 2006 and 2017 revision to the CUP indicated a new parking lot and an area set aside for a future, new building. Two churches are located just south of this site, on either side of Nash Lane at Mabelvale West Road. Other uses in the area include a third church, a U.S. Post Office and a LRSD school campus. Areas of undeveloped commercial and industrial properties are located south of Mabelvale West Road. Single family homes are located to the north, east and west. Continued use of the property, including the proposed new buildings and parking, should be compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLR United for Progress and Pinedale Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site is occupied by a single, 4,495 square foot building and a small area of parking. Access is via a single driveway off of Nash Lane . Proposed new areas of parking are to be constructed in three (3) phases to coincide with the phased construction of new buildings. A 50 -space parking lot is to be constructed in conjunction with the Phase I temple March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 2 building. With this phase, a new driveway will be constructed near the south perimeter of the site. An additional 20 spaces will be constructed with the Phase II community center expansion of the Phase I building. An additional 41-space parking area will be constructed in conjunction with the Phase IV construction of a fellowship/gymnasium building. All parking will be paved and landscaped at the time of construction to comply with code requirements. Required improvements to Nash Lane will be done in 2 phases to coincide with the Phase 1 and Phase III building construction. 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. The maximum dimension required shall be fifty (50) 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 west is zoned R2. The maximum dimension required shall be fifty (50) feet. The minimum dimension shall be one-half (½) the full width requirement but in no case less than nine (9) feet 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. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. 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. 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 March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 3 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. 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. Nash Lane is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. The dedication should be made along the entire frontage of the property with phase 1 construction. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Nash Lane including 5-foot sidewalks with planned development. The new back of curb should be placed at the same width as the existing street improvements to the south with that street width maintained adjacent to the subject property. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 4 4. 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. Is a variance being requested to advance grade future phases with construction of the first phase? 5. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or property owner. 6. 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. 7. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide drainage and access easement is required adjacent to the floodway boundary. 8. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 9. The minimum Finish Floor elevation of at least 1 ft. above the base flood elevation is required to be shown on plat and grading plans. 10. Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Greg Simmons) for more info. 11. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 12. All driveways shall be concrete aprons per City Ordinance. 13. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 14. With construction of the south driveway and the Phase 1 street construction, the existing fence should be relocated out of the right-of-way. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 5 15. If manual gates are proposed, the gates should be located no closer than 20 ft. from the back of curb. If a remote gate is proposed, the gate call box should be located at least 30 ft. from back of curb and a turnaround should be provided. 16. With construction of Phase 1 the existing fence should be removed from the floodway due to it obstructing flows. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Water 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 at this location. There is an existing three phase, overhead power line currently installed on the east side of Nash Lane which provides service to the north side of this property to the existing structures. 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 objection. 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. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 6 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 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. 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. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 7 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 designe d, constructed and installed to comply with requirements of ASTM F 2200. 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. 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. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 8 in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. 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. Regards, Captain Rhodes and Captain Hogue Office: 918-3710 Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.gov 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: The site is not located on a bus route. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 14, 2018) Terry Burruss, architect, was present representing the application. Staff presented the item and outlined the changes from the December 14, 2017 approved CUP. Staff noted there was some additional site plan – related information needed. In response to a question, Mr. Burruss stated the parking would be paved and landscaped as it was constructed; that no deferral of the paving requirement was requested. Public Works Comments were discussed. Staff noted particularly the requirement to remove the fencing from the Nash Lane right-of-way and the floodway. Landscape Comments were presented and discussed. Other Agency Comments were noted. The applicant was advised to submit responses to staff comments no later than February 21, 2018. The Committee forwarded the item to the full Commission. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 9 STAFF ANALYSIS: The Vedant Society of Arkansas occupied the R-2 zoned, 5.76 acre tract located at 10224 Nash Lane. On October 13, 2005, the Commission approved a conditional use permit to allow the Society to use the existing residential structure for a place of worship and Indian cultural activities. Occupancy was proposed for 40 persons. The existing driveway was to be widened and 10 parking spaces provided. On November 9, 2006, a revision to the CUP was approved to allow for an increase to 200 persons. Associated with this increase, the Society proposed constructing a 51-space parking lots on the southern portion of the property. A space for a future building was indicated near the middle of the site, between the proposed parking lot and the existing residential structure. A 24-month deferral of the paving requirement for the new parking lot was approved. That development did not occur and neither the parking lot nor the new building were constructed. On December 14, 2017, a revision to the CUP was approved to allow for the phased development of new facilities and parking. The approval allowed for construction of a single 20,000 square foot building containing various use areas, including a worship center with a capacity of 408 persons. A 100-space parking lot was approved. The development was proposed in 3 phases. Phase I was to consist of constructing a gravel parking lot near the middle of the site. A 24-month deferral of the paving and landscaping requ irement for the new parking lot was approved. Phase II was to consist of paving and landscaping the parking lot. Phase III was construction of the new building. It was possible that Phases II and Phases III could occur together. Phase III also consiste d of a second driveway off of Nash Lane, with a small area of additional parking and a drop-off area. The Commission approved an advance grading request to allow grading of the new building pad with the grading of the parking area. The Commission approved a deferral of boundary street improvements to Nash Lane until Phase III (new building). The Society is now requesting a revision to the CUP approved on December 14. In lieu of a single, 20,000 square foot building, the Society is proposing four (4) phases of building construction utilizing two (2) new buildings rather than one (1). Parking is proposed to be built in three (3) phases and the parking will be paved and landscaped as it is constructed. Improvements to Nash Lane will still be done in two (2) phases. Phase I will consist of a 4,750 square foot building and a 50 -space parking lot, with a new driveway on Nash Lane. The building will contain worship space and room for support uses including a kitchen and restrooms. The Society currently has about 30 regularly-attending members. Once the new building is March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 10 constructed, attendance at the facility is anticipated to be 6 – 10 persons during weekdays and 15 – 20 persons on weekends. For bigger celebrations, which occur 3 – 4 times a year, attendance could reach 100 – 150 persons. The new, 50-space parking lot will be paved and landscaped at the time it is constructed. Half-street improvements to Nash Lane will be constructed from the south property line to approximately 50 feet north of the new driveway. Phase II is a 4,000 square foot addition to the Phase I building. The new space will primarily be used only for Indian Community Special occasions once a month which will have 50 – 100 persons in attendance. The parking lot will be expanded by an additional 20 spaces. Phase III will consist of a second, 6,400 square foot building. This building will contain a Temple Yoga and Meditation Center. At that point, membership is expected to increase to 150 persons and the larger temple is required. A final addition of 40± parking spaces is indicated. Those spaces may be constructed in two (2) phases or all at once. Under Phase III, the remainder of half-street improvements to Nash Lane will be constructed. Phase IV consists of a 6,500 square foot addition to the Phase III building. The addition will contain a gymnasium/fellowship space. If the Phase III parking is split into phases, the final parking will be constructed with the Phase IV addition. The existing residential structure will be utilized as housing for the priest. Signage will comply with that allowed in office and institutional zones. A ground mounted sign may utilize an LED electronic message center. Pole lighting will be provided with parking lot construction. Pathway, landscape and building lighting is planned. All lighting will be low-level and directional, shielded downward and into the site. The dumpster location has been indicated on the plan. Screening will be installed to comply with code requirements. The site is enclosed with a chain-link fence. The fencing will be replaced during the various phases. A metal picket- type fence will be placed along the street frontage. Epoxy coated chain -link will be used for fencing along the sides and rear of the site. If gates are installed on the driveways, the applicant will comply with Public Works Comments regarding placement and operation. The buildings will not exceed the allowable height of 35 feet for structures in the R-2 district. Gopurams (similar to minarets) will be additional 12 – 16 feet in height. No formal outside use areas are proposed. No additional uses such as day care or private school are proposed. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 11 The applicant has stated they will comply with all proposed staff comments and conditions. To staff’s knowledge, there are no outstanding issues and staff is supportive of the proposed revision to the approved conditional use permit. There is no bill of assurance for this acreage tract. The applicant is requesting approval to advance grade the site in conjunction with the Phase I building and parking lot. The applicant is also requesting approval of a waiver of the buffer requirement on the west perimeter of the site due to the presence of a large area of floodway on that perimeter. Staff is supportive of both requests. 36-108. (c) (CUP conditions) states: (c) Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the commission. Otherwise, the conditional use permit approval shall be considered void. In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the Planning Commission in the same manner as established for the initial conditional use review. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP su bject 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 7:00 a.m. – 6:00 p.m., Monday through Friday. Staff recommends approval of the advance grading request. Staff recommends approval of a waiver of the buffer requirement on the west perimeter of the site due to the floodway. March 8, 2018 ITEM NO.: 2 (Cont.) FILE NO.: Z-7935-C 12 PLANNING COMMISSION ACTION: (MARCH 8, 2018) The applicants were 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, incl uding all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. March 8, 2018 ITEM NO.: 3 Name: River Market Design Overlay District Revision (Sec. 36-350 through Sec. 36-367). Location: An area generally bounded by Riverfront Park, Interstate 30, Second Street, and Cumberland Street. Request: Revisions to the River Market Design Overlay District Source: Staff and River Market Design Review Committee STAFF RECOMMENDATION: Staff recommends deferral of this item to the April 19, 2018 agenda. PLANNING COMMISSION ACTION: (MARCH 8, 2018) The item was approved on the consent agenda for deferral by a vote of 9 ayes 0 noes and 2 absent. DATE �ir°Cs1�0 /c PLANNING COMMISSION VOTE RECORD MEMBER `7 BERRY, CRAIG BYNUM, BUELAH COX, KEITH ' a/ FINNEY, REBECCA HAMILTON, SCOTT HAYNES, MARLON D. LAHA, TROY LATTURE, PAUL I MAY, BILL B. STEBBINS, ROBERT THOMAS, DIANA M. / MEMBER BERRY, CRAIG BYNUM, BUELAH COX, KEITH FINNEY, REBECCA HAMILTON, SCOTT HAYNES, MARLON D. LAHA, TROY LATTURE, PAUL I MAY, BILL B. STEBBINS, ROBERT THOMAS, DIANA -M. Meeting Adjourned .2 i P.M. AYE NAYE A _ABSENT . ABSTAIN �RECUSE March 8, 2018 There being no further business before the Commission, the meeting was adjourned at 4:23 p.m. Date Secretary Chairman