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pc_07 12 2018 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD JULY 12, 2018 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Craig Berry Buelah Bynum Rebecca Finney Marlon Haynes Troy Laha Bill May Robert Stebbins Diana Thomas Members Absent: Keith Cox Scott Hamilton Paul Latture City Attorney: Shawn Overton III. Approval of the Minutes of the May 31, 2018 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING JULY 12, 2018 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. A Revision of the River Market Design Overlay District (Sec. 36 -350 through Sec. 36-367). B. A-332 Kanis Road Deltic-Potlatch Annexation. A request to add some 180-acres plus or minus along the North side of Kanis Road, West of Iron Horse Road (generally in the 19600 through 21200 Blocks of Kanis Road) to the City of Little Rock. II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-9336 Mercy Ministries – Conditional Use Permit 1900 Nichols Road July 12, 2018 ITEM NO.: A 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 ANALYSIS: Staff initiated the process to revise the ordinance in 2016. The impetus of the revision was the remove all of the instances of the word “prohibited” from the ordinance. Additionally, Staff routinely keeps track of items that are possible ordinance amendments. This time was notably sandwich board and projecting signs. These were added and the Design Review committee added some additional ones. The changes are combined into five groups. They are editing the word “prohibited”, changes to internally lit signs, projecting sign changes, sandwich board sign changes and backfill topsoil requirements. The changes are combined into five groups. They are editing the word “prohibited”, changes to internally lit signs, projecting sign changes, sandwich board sign changes and backfill topsoil requirements. 1) Editing ten instances of the word “prohibited”. When the word “prohibited” is used in the ordinance, there is technically no way to approve a variance. It must go through a different longer process. When something is approved by the River Market DRC that is “prohibited”, for example internally illuminated signs, that item then must go to the Planning Commission and then to the Board of D irectors for a Planned Development with the accompanying ordinance written to supersede the River Market DRC ordinance for only that location and only that particular sign. If the ordinance was rewritten to allow for a variance, it would be heard at the B oard of Adjustment. The Board of Adjustment (BOA) meets monthly versus the Planning Commission/Board of Directors (PC/BOD) that combined take three months or so to hear a case. The applicant provides a lot less paperwork for a BOA application than a PC/BOD one. Ten instances of the word “prohibited” are proposed to be removed. The instances are freestanding signs, internally illuminated signs in the “Signs in General” subsection, in the “Wall Signs” subsection, on signs that face the Arkansas July 12, 2018 ITEM NO.: A (Cont.) 2 River, and internally illuminated signs in the projecting signs section. Additional times the word “prohibited” is proposed to be removed is in the text of advertising copy on signs; composition of sandwich boards; tacking of flyers, balloons and streamers on sandwich boards; back lit awnings; and chain link, barbed or razor wire fences. The word “prohibited” remains in not allowing Physical or chemical treatments, such as sandblasting or high pressure water cleaning, that cause damage to historic materials. It also remains concerning additional curb cuts on President Clinton Ave. These two items were discussed but the Committee believes they should require the higher level of review of rezoning the property if one of these items were sought. 2) Proposed change of prohibition on internally lit signs. The Design Review Committee created an exception if the sign utilizes channel or channelume technology. This technology creates custom shaped signs instead of the cabinet or box sign that is standard. Signs may be the shapes of letters, logos, or other custom shapes. This is located in the “Signs in General” subsection and the “wall sign” subsection. 3) The projecting sign section has four proposed changes; one is to allow for the signs to be mounted higher on the building than before. Currently the top of the projecting sign cannot be higher than the bottom sill of the second floor window. The proposal is to change to the top sill of the second floor window or the ceiling of the second floor whichever, is less. Also proposed is changing the distance from the building a projecting sign can be from three to four feet. The overall size has not changed. Another change proposed is to change the frequency of projecting signs from one every 100 feet of building to one every 50 feet. The last change proposed is to require businesses share mounting apparatus of projecting sign when sharing an entrance to a building to reduce clutter. The current ordinance treats projecting signs on a first come first served on a per block basis. This will allow additional businesses the opportunity to have a projecting sign without an additional public hearings (Board of Adjustment). If businesses share a common entry to the street, for example, second floor offices, they would be required to share a mounting apparatus at the shared entrance door. This will help to eliminate projecting signs being too close together to render them unreadable. 4) The sandwich board sign section has six proposed changes; adding a definition, text to clarify intent, adding height to the signs, allowing plastic molded signs, eliminating signs that are trip hazards, and chalkboards and dry erase boards. July 12, 2018 ITEM NO.: A (Cont.) 3 Proposing to add a definition of sandwich board signs. This did not appear anywhere in the ordinance. River Market DOD is the only district where sandwich boards are legally permitted. More additional text is being added to clarify intent of sandwich board signs in the district. This text under Sec, 36 -353 (f) provides rationale for the use of the signs in the district and sets parameters. Additional height to sandwich board signs from thirty six inches to forty five inches is being sought to conform to industry standards of size. Allowing for molded plastic sandwich board sign as long as they are bla ck in color will allow for ease or replacing worn or damaged signs. Light colored plastic signs are apt to be appear dirty and unkempt. Some design of sandwich board build in tripping hazards, notably those certain models that have feet (horizontal membe rs that extend past the bottom of the sign. The last proposed change clarified chalkboards and dry erase boards on sandwich board signs. White dry erase boards are apt to present a grimy appearance. 5) In two places, the proposed changes edited the text on the tree planting strip backfill to allow for engineered soil to help prevent uneven settling of the brick pavers. PLANNING COMMISSION ACTION: (MARCH 8, 2018) The item was approved on the consent agenda for deferral to the April 19, 2018 agenda by a vote of 9 ayes and 2 absent. STAFF RECOMMENDATION: (APRIL 19, 2018) Staff recommends approval. PLANNING COMMISSION ACTION: (APRIL 19, 2018) The item was approved on the consent agenda for deferral by a vote of 8 ayes and 3 absent. STAFF UPDATE: On April 9, 2019, Planning Staff was informed that the trees along President Clinton Avenue were being planned to be replaced with a different species of trees. This change of tree species will require the ordinance to be revised. After meetings between the Parks and Recreation Staff, Planning and Development Staff, City Manager’s office, and the River Market Design Review Committee, it was decided that it would be best to July 12, 2018 ITEM NO.: A (Cont.) 4 add the new tree species to the ordinance package and present one ordinance revis ion to the City Board of Directors. That species will be reviewed by the River Market Design Review Committee on June 12, 2018. STAFF RECOMMENDATION: Deferral to the July 12, 2018 agenda. PLANNING COMMISSION ACTION: (MAY 31, 2018) The item was approved on the Consent Agenda for deferral to the July 12, 2018 agenda by a vote of 9 ayes and 2 absent. STAFF UPDATE: On June 12, 2018, The River Market Design Review Committee reviewed the street tree amendment at their regularly scheduled meeting. After a presentation by Parks and Recreation Staff, discussion between commissioners, and input from citizens, the DRC voted unanimously to approve the motion to replace all of the Autumn Blaze maples in the district with Gingko trees. The motion passed 5 ayes, 0 noes, and 0 absent. STAFF RECOMMENDATION: Approval. PLANNING COMMISSION ACTION: (JULY 12, 2018) Brian Minyard, Staff, made a presentation to the Commission about the item. He also spoke of the process that was taken and notifications of pro perty and business owners in the district. He stated that the River Market Design Review Committee had voted to approve all of the changes proposed. Jo Melton, property owner in the district, spoke about the possibility of replacing only the diseased trees. She stated that the trees in the 300 block of President Clinton, where her property lies, are healthier than the other parts of the street and suggested that the trees not be replaced on the 300 block. July 12, 2018 ITEM NO.: A (Cont.) 5 John Eckart, Director of Parks and Recreation, introduced Robbie Hudson, the Urban Forrester and Ernie Moix, a Horticulturalist, from his department. They spoke of the number of trees that were missing, those in bad health versus the total number of maple trees. They said that the Autumn Blaze Maple ha s proven not to be suitable as a street tree and should be replaced with a different type of tree. Mr. Hudson said that for the last twelve years, they have been wrapping the trunks of the trees in an effort to protect the trees, but the damage continues to occur and makes the trees structurally unsound. The proposed Gingko trees are a stronger tree. Mr. Eckart said that the trees would be replaced overnight with less traffic congestion and minimal intrusion to the businesses. Craig Berry, Chair, asked how many trees would be replaced at one time. The response was that it would be more cost effective to replace all 59 at the same time. Mr. Moix stated that the size and height of the replacement tree is dependent on the size of the four by four foot planting hole. Mr. Eckart said that it would be an adjustment for the first couple of year with the smaller trees, but the Gingkoes are a sustainable tree. Commissioner Diane Thomas asked about the number of trees. Mr. Moix said that part of the number of trees in the original bid was for trees in the plaza areas. He said that 59 are on President Clinton Avenue. Discussion continued about the aesthetics of having all trees replaced at the same time so that they will be a uniform height versus replacing the trees at different times resulting in different heights and two different species at one time on the street. Commissioner Finney made a motion to approve the item and was seconded by Commissioner Bill May. The item passed with 8 ayes, 0 noes, and 3 absent. Jo Melton spoke to the Commission in the Citizen Communication section of the hearing recommending that the City be aware of the public opinion of replacement of the trees and any possible bad press that could occur. July 12, 2018 ITEM NO.: B FILE NO.: A-332 NAME: Kanis Road-DelticPotlatch Annexation REQUEST: Accept 180 acres plus or minus to the City LOCATION: Along the north side of Kanis Road, west of Iron Horse Road (19600-21200 Blocks of Kanis Road) SOURCE: Tim Daters, White Daters agent Staff Report: Staff needs additional time to review and consider this request. Staff Recommendation: Staff recommends this item be deferred to July 12, 2018. PLANNING COMMISSION ACTION: (JUNE 28, 2018) The item was placed on consent agenda for Deferral to the July 12, 2018 Planning Commission Hearing. By vote of 9 for, 0 against, 1 recusal and 1 absent the consent agenda was approved. GENERAL INFORMATION:  The County Judge’s Annexation Order was filed on May 4, 2018.  The area is wooded and undeveloped with two ridge lines traversing portions of the area.  There is a single property owner of the area requesting annexation.  The annexation request includes two areas. The larger area is contiguous to the City of Little Rock along its north boundary. The smaller area is contiguous along its eastern boundary.  The annexation request is to obtain City services.  The larger site is some 3900 plus or minus feet east-west, with a frontage along Kanis Road of over 4200 feet. At the eastern boundary the site is some 1600 feet deep and at the western some 1350 feet deep. The July 12, 2018 ITEM NO. : B (Cont.) FILE NO. A-332 2 smaller site is a Quarter-Quarter Section (SW1/4 NW1/4 of Section 34) with no direct access to any street or road.  The entire site is zoned for R-2, Single-Family Residential District. No development plan has been presented for review. At one lot per-7000 square feet that would produce 1120 new houses. AGENCY COMMENTS: Public Safety: Fire: No Impact. West Pulaski Fire Protection District (current provider) recommends against the annexation. They state they have the correct equipment to fight fires on undeveloped land like this, and that even if developed they can provide the services without affecting their ISO rating. They have the fire stations to service the area. Police: No Impact. Infrastructure and Community Facilities: Rock Region METRO Transit: No Comment Received. Parks and Recreation: No Comment Received. Public Works: Little Rock Solid Waste has indicated they have no concerns or issues with that requested annexation. Little Rock Public Works Department has indicated they have no issues or comments on the proposed annexation. Pulaski County Planning: Pulaski County Planning has indicated they have no issues or concerns with the proposed annexation. Arkansas Geographic Information Office: AGIO expressed no concerns with the annexation and noted the applicant had followed ARK CODE 14 -40-101. Utilities: Central Arkansas Water (CAW): No Comment Received. Entergy: Entergy has indicated they have no issues or concerns with the proposed annexation. Reliant-Energy: No Comment Received. Little Rock Water Reclamation Authority (LRWRA): The Little Rock Reclamation Authority indicated they expect, based on previous activities, a viable plan for July 12, 2018 ITEM NO. : B (Cont.) FILE NO. A-332 3 sewering the area will be submitted prior to development. The Developer will also have to confirm available capacity in the receiving system. If pumping is part of the plan of service approval will have to be obtained from the Water Reclamation Commission. AT&T: No Comment Received. Schools: Little Rock: No Comment Received. The annexation area is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The two areas included in this request are both contiguous to the City along the boundary created in 1999 with annexation 292, ordinance number 18,146. The larger area is contiguous along its northern boundary and would move the City Limits some 1600 to 1350 feet to the south, along Kanis Road. The smaller area would move west of the current City Limits some 1300 plus feet. The smaller area is a Quarter-Quarter Section some 40 acres plus or minus and the larger area is some 140 areas more or less. The area requesting annexation is wooded and undeveloped. There is a ridge line running parallel with Kanis Road. The peeks of the ridge are some 60 feet above the roadway at elevations from 624 to 630 feet with the valley floors in the low five hundreds. This 60 to 100 foot elevation change occurs over a distance of some 275 feet. The valley north of the ridge is even deeper than many spots along Kanis Road. This valley is the head waters of a tributary of Fletcher Creek. The area drains to the west northwest between ridge lines. All of the land is currently zoned R-2, Single-Family which has a minimum lot size of 7000 square feet. There is one property owner currently and they have no submitted any specific development plans for the land. This owner is currently developing a single-family subdivision within the city adjacent to this site at a density of some 3.5 lots per acre. Along the south side of Kanis Road adjacent to the annexation area (and beyond the current and proposed city limits) is the Chenal Downs Subdivision. This subdivision is mostly developed with just a scattering of undeveloped single-family tracts. The parcels in this subdivision are all over five acres in area. To the east along both sides of Kanis Road is primarily developed with larger tracts and is un-incorporated county. Most of the tracts have residential and accessory structures on them. To the west is larger wooded undeveloped July 12, 2018 ITEM NO. : B (Cont.) FILE NO. A-332 4 land along either side of Kanis Road. This portion of Kanis Road is often referred to as Fletcher Hollow and has ridges along both sides of the road. The county review has found that the annexation area meets all the requirements for annexation – is contiguous, petitioners represent majority of the land to be annexed, the land will be used for an urban purpose and the documents filed are correct and accurate representations of the area. The Pulaski County Judge in his Annexation Order has included all public streets and right-of-way abutting the annexation area. This would include the right-of-way Kanis Road. The City’s annexation ordinance will be in conformance with the Pulaski County Judge’s Order and include adjacent street rights-of-way into the City of Little Rock. The request would add some 4300 linear feet of Kanis Road to the City of Little Rock for maintenance. Kanis Road is shown as a Minor Arterial on the Master Street Plan with an alternative design standard. The right -of-way is to be 90 feet but the lane design is to be 22-feet of pavement with two 4-foot gravel shoulders. The current road is not to the alternative standards. The closest portion of Kanis Road currently within the City’s jurisdiction is over a mile to the east. So this annexation will create another ‘in-out’ along Kanis Road. Little Rock Solid Waste has indicated they have no issues with the annexation as proposed. There will be no structures, i.e. no demand, when the area is annexed to the City. (Fees for solid waste pickup are designed to meet the costs of providing the services.) The Little Rock Public works Department has indicated they have no issues and concerns with the proposed annexation. This is the Department that will become responsible for maintenance and f uture road improvements to over 4000 linear feet of Kanis Road as a result of this annexation. The closest fire station (Station 19) is located at 17000 Chenal Valley Drive. From this station via existing streets is just approximately 2.7 miles to the annexation area. Station 20 located at 300 Oak Meadow Drive, is the next closest station with runs of approximately 3.9 miles to the annexation area. West Pulaski Fire Protection District (current provider) recommends against the annexation. They state that they have the correct equipment to fight fires on undeveloped land like this, and that even when if the land is developed they can provide the services without affecting their ISO rating. They have the fire stations to service the area. No impact to Police and Fire with the annexation. There is a 12-inch water main close to the eastern boundary of the annexation area. Any new development would have to have service extended from this line at the cost of the developer. There is no wastewater line in the area. July 12, 2018 ITEM NO. : B (Cont.) FILE NO. A-332 5 Staff Recommendation: Approval PLANNING COMMISSION ACTION: (JULY 12, 2018) The item was place on consent agenda for approval. By a vote of 6 for, 0 against, 4 absent and 1 recusal, the consent agenda was approved. July 12, 2018 ITEM NO.: 1 FILE NO.: Z-9336 NAME: Mercy Ministries – Conditional Use Permit LOCATION: 1900 Nichols Road OWNER/APPLICANT: Mercy Ministries, Owner and Applicant PROPOSAL: A conditional use permit is requested to allow for the addition of small building to be used for classroom space for this existing church. The property is zoned R-2. 1. SITE LOCATION: The site is located on the west side of the 1900 Block of Nichols Road; one block west of Jr. Deputy – Romine Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church is located in a residential neighborhood. The surrounding properties are occupied by single-family and two-family residences. It appears that a church has occupied this property for many years. This congregation has occupied the property since 2005. No increase in the sanctuary building or parking is being proposed. The property occupied by the church is not being expanded. Allowing the placement of the small classroom building on the property should not affect the church’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 John Barrow, Twin Lakes and Twin Lakes “B” Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site contains a gravel parking lot with one paved driveway onto Nichols Road. It appears that there is space for 20 – 25 vehicles. The applicant states the seating capacity in the sanctuary is 90 persons with an average attendance of 50. Parking required for a church existing prior to November 2, 1988 is one parking space per five seats. 18 spaces are required. No change to the existing parking is proposed. July 12, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-9336 2 4. SCREENING AND BUFFERS: Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Nichols Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 25 feet from centerline due to the proposed class room addition. 2. With site development beyond the proposed classroom building with this application, provide design of the street conforming to the Master Street Plan. Construct one-half street improvement to Nichols Street including 5-foot sidewalks with planned development. 6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES: Little Rock Water Reclamation Authority: Sewer is available to this property. Entergy: Entergy does not object to this proposal. However, a se rvice line feeding a private area light appears to run from a pole on Nichols Road to the back of the property in the same vicinity as the proposed building. The proposed structure should not be built under the service line and all NESC and OSHA required separation distances must be maintained during and after construction. Service is already provided via an overhead service line to the north side of the existing structure on the property. 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: No comment. July 12, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-9336 3 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 Anchoring Plan as well as building manufacturers plans/specifications required. 7. TRANSPORTATION/PLANNING: County Planning: No comments received. Rock Region METRO: The nearest bus route is located along Kanis Road, seven blocks north of this site. Planning Division: No comments. SUBDIVISION COMMITTEE COMMENT: (JUNE 20, 2018) The applicants were present. Staff presented the item and noted little additional information was needed. In response to questions from staff, the applicants stated there would be no changes in signage, no daycare or private school and the days and hours of operation were as typical for a small church; Sundays and Wednesdays with an occasional activity on other days. Public Works Comments were discussed and explained. Other Agency Comments were noted. The committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: Mercy Ministries Church is located on the R-2 zoned property located at 1900 Nichols Road. The property consists of 3 lots in Block 11 of the Hick’s Interurban Addition. The property contains a small church building, a storage building and a gravel parking lot. The church building is one-story with a finished basement. The seating capacity in the worship area is about 90 persons with the church’s average attendance being about 50. July 12, 2018 ITEM NO.: 1 (Cont.) FILE NO.: Z-9336 4 Mercy Ministries has occupied the site since 2005. Other churches occupied the site in the previous years. Mercy Ministries is requesting approval of a conditional use permit to allow for placement of a 16’ X 40’ building on the property to be used for Sunday School – bible study classroom space. No other change is proposed to the site. The occupancy of the site by various churches pre-dates the code requirement of a conditional use permit. Staff is supportive of the requested CUP which recognizes the property’s use for a church and which allows for placement of the small classroom building. No expansion of the main church building or the Sanctuary’s seating capacity is proposed. Thus, staff is supportive of continued use of the existing gravel parking lot. The church has agreed to the dedication of additional right -of-way for Nichols Road as noted in Public Works’ Comments. To staff’s knowledge, there are no outstanding issues. The 1913 plat/bill of assurance for Hick’s Interurban Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 12, 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, conditions and recommendation. The vote was 6 ayes, 0 noes, 4 absent and 1 recusal (Laha). DATE�t PLANNING COMMISSION VOTE RECORD U ZAk MEMBER BERRY, CRAIG BYNUM, BUELAH COX, KEITH FINNEY, REBECCA HAMILTON, SCOTT HAYNES, MARLON D. LAHA, TROY LATTU RE, PAUL MAY, BILL B. STEBBINS, ROBERT THOMAS, DIANA M. _r Meeting Adjourned P.M. ''AYE ® NAYE A ABSENT ,ABSTAIN $RECUSE R R HAMILTON, SCOTT LATTURE, PAUL :STEBBINS, ROBERT THOMAS, DIANA M. MEMBER BERRY, CRAIG BYNUM, BUELAH COX, KEITH FINNEY, REBECCA HAMILTON, SCOTT HAYNES, MARLON D. LAHA, TROY LATTU RE, PAUL MAY, BILL B. STEBBINS, ROBERT THOMAS, DIANA M. _r Meeting Adjourned P.M. ''AYE ® NAYE A ABSENT ,ABSTAIN $RECUSE July 12, 2018 There being no further business before the Commission, the meeting was adjourned at 4:23 p.m. Date Secretary Chairman