Loading...
pc_09 24 2020 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD SEPTEMBER 24, 2020 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being nine (9) members present. II. Members Present: Harold Betton Derick Brooks Scott D. Hamilton Todd Hart Marlon D. Haynes Paul Latture Robbin Rahman Diana M. Thomas Robby Vogel Members Absent: Craig Berry Thomas Brock City Attorney: Sherri Latimer III. Approval of the Minutes of the July 16, 2020 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA SEPTEMBER 24, 2020 OLD BUSINESS: Item Number: File Number: Title: A. Z-9500 Goodwin Manor Long-form PCD 3708 Garrison Road B. Z-9508 Posh Automotive Short-form PCD 8900 Colonel Glenn Road NEW BUSINESS: Item Number: File Number: Title: 1. S-1877 QuikTrip 7211 – Preliminary Plat I-30 at Otter Creek Road 2. Z-4807-R Lot 1, Wellington Park – PD-O 2113 Wellington Village Road 3. Z-7500-G Hamilton Apartments – PD-R Immediately north of 14524 – 14810 Cantrell Road 4. Z-8411-A Harrell Rooming – Boarding House/Bed and Breakfast – PRD 3221 West Markham Street 5. Z-9524 Woodland Park – PRD 13701 Kanis Road 6. Z-9525 Mountain Park Addition – PRD Northeast and Northwest corners of N. Taylor Street and “P” Street Agenda Page, Two NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 7. Intent to zone Southeast Planning Area 8. Z-567-A Rezoning from I-2 to R-4 1800 East 3rd Street 9. Z-5096-D Rezoning from PCD to O-3 and C-3 Southeast and Southwest corners of Kanis Road and Woodlands Trail 10. Z-9530 Rezoning from AF to R-4 4920 Frazier Pike 11. Z-3457-A Riverwalk Properties Duplexes – PRD Southwest corner of East 17th Street and Cumberland Street 12. Z-4933-J Splash Carwash and Oil – Revised PCD 15707 Chenal Parkway 13. Z-8089-A Butler Minor Auto Repair – PCD 12601 Alexander Road 14. Z-9529 Ali Duplexes – PRD 7520 N. Chicot Road 15. LA-0056-B Colonel Glen – Lawson Road Advanced Grading Variance Renewal Northwest corner of Colonel Glenn Road and Lawson Road 16. LA-0088 15122 Cantrell Road Advanced Grading Variance 15122 Cantrell Road 17. LA-0089 Parkland Heights Advanced Grading Variance East side of Chenonceau Blvd., North of Highway 10 September 24, 2020 ITEM NO.: A FILE NO.: Z-9500 NAME: Goodwin Manor Long-form PCD LOCATION: 3708 Garrison Road DEVELOPER: Gary & Andrea Goodwin 3708 Garrison Road Little Rock, AR 72223 501-590-4560 OWNER/AUTHORIZED AGENT: Gary S. & Andrea R. Goodwin /Owners SURVEYOR/ENGINEER: Michael Johnston/Surveyor AREA: 5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: N/A PLANNING DISTRICT: 30 CENSUS TRACT: 42.02 CURRENT ZONING: R-2, Single-Family Residential District ALLOWED USES: Single-Family Residential PROPOSED ZONING: PCD, Planned Commercial Development PROPOSED USE: Single-Family Residence with accessory Event Center VARIANCE/WAIVERS: BACKGROUND: This property is has been the residence of the applicants for approximately 25 years. For several years recently they have allowed a portion of their home and property to be used to host charitable events and weddings on a limited basis. September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 The property is located within the city’s extra-territorial jurisdiction and is zoned R-2, Single-Family district. A zoning violation notice sent to the applicants in October 2019 made them aware that the operation of an event center was not allowed on a property zoned R-2. They have since been reaching out to address how to comply with the ordinance and to continue to have limited events as an accessory use of their property. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: On October 14, 2019, the property owners received a Notice of Violation for operating an event center in a residentially-zoned property. Since that time, the owners have been working with various representatives of the City of Little Rock in an earnest attempt to address the notice. The applicant’s family has owned the property since 1995 and has used it as their home where they have raised and continue to raise their children. On a limited number of occasions, generally 12-15 events in a given year, in order to assist in deferring the upkeep costs of their home, the applicants have allowed private parties to utilize the property. Like many other homeowners, they have allowed their property to be allowed for charitable events, hosting the Arkansas Children’s Hospital, University of Arkansas for Medical Sciences, 20th Century Club, Miss High School Collegiate, Arkansas Baptist, Women and Children’s First, Pulaski Academy, Juvenile Diabetes Research Foundation, Children’s Advocacy Centers, Arkansas Woman of Inspiration, Pulaski Tech and others. Additionally, the applicants have allowed for a limited number of weddings, usually no more than 15-20 times in a year, to be hosted at their home. No more than five rooms of the home are utilized for these charity events and weddings. Access to our property of approximately 80 acres is via a private road and traffic is limited. B. EXISTING CONDITIONS: The subject property is a portion of the land owned by the applicants. The surrounding area is rural in character and contains single-family homes on larger acreage tracts. Vehicular access to the site is via easement to Garrison Road. Access to Kanis Road from the property is also shown on the survey provided; however, this access is typically gated and not used by the applicants. 2 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several calls, emails, and letters from neighboring property owners who have expressed concern and opposition to the request. The commenters have stated concerns about noise, traffic, and safety. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Citizens of West Pulaski County. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a principal arterial. A dedication of right-of-way 55 feet from centerline will be required if the property is within the ETJ. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Outside Service Boundary – No Comment. Entergy: Entergy does not object to this proposal. Entergy has existing service to this location. There does not appear to be any conflicts with existing electrical utilities at this location. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. CenterPoint Energy: No comment. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. If water is desired, please submit plans for water facilities and/or fire protection services to CAW for review. Plan revisions may be required after additional review. Contact CAW regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 3 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 Fire Department: Full Plan review Parks and Recreation: No comment received. County Planning: No comment received. F. BUILDING CODES/LANDSCAPE: Building Code: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Steve Crain at 501-371-4875; scrain@littlerock.gov Landscape: No comment. G. TRANSPORTATION/PLANNING: Planning Division: The request is in the Buzzard Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The application is to change an area from R-2 (Single Family District) to PCD (Planned Commercial Development) District to allow an events center to be within an existing residence. Master Street Plan: To the northeast is Garrison Road and it is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Garrison Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. 4 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 H. SUBDIVISION COMMITTEE COMMENT: March 11, 2020 The applicant was present. Staff presented the item to the committee. Planning staff requested information on the location and dimension of any proposed permanent structures associated with the event center, any proposed signage, and the proposed days and hours of operation. The applicant was also informed ADA access would be required for the public portions of the home used as the event center and parking. The Public Works comment regarding dedication of right-of-way for Kanis Road was discussed and found to be unrelated to this request. The applicant was advised responses and revisions are to be received by March 18, 2020. The committee forwarded the item to the full commission. I. ANALYSIS: A revised site plan and comment responses were provided by the applicant. The applicant indicated weddings are typically on Saturdays and are concluded by 10 pm in order to comply with the Pulaski County noise ordinance and out of respect for neighbors. Other events are usually in the early evenings on weeknights and also are over by 10 pm. Occasionally, there are luncheons on weekdays. Staff would suggest hours of operation for the event center be Monday through Saturday between 9 am and 10 pm. The applicant stated they do not allow the use of their home during holidays. No signage is planned by the applicants to identify the event center use. The revised site plan shows a possible future 40-foot by 80-foot outbuilding located near the parking area. The parking area is unimproved and is situated on either side of the asphalt drive leading up to the home. Three ADA van-accessible parking spaces are provided, as well as two additional ADA spaces on asphalt near the entrance to the home. The applicants state there are wide handicap entry doors on the front of the home with a ramp provided as necessary. Guests are limited to the first floor of the home. Restroom doors are wide and the space is large enough to accommodate wheelchairs. It appears all technical issues have been addressed. 5 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 Staff would suggest the following conditions: 1. The event center use is secondary to the residential use of the home; 2. The use of the property will revert back to single-family use should the ownership of the property be transferred from the current owners; 3. The days and hours of operation of the event center are limited to Monday through Saturday between the hours of 9 am and 10 pm; 4. No additional permanent structures are allowed other than the single proposed outbuilding shown on the site plan; 5. The event center shall be operated in compliance with the Pulaski County Noise Ordinance; 6. No more than 200 guests will be allowed at any single event. 7. Ensure ADA standards for parking, access and restrooms are addressed as applicable to this facility. J. STAFF RECOMMENDATION: Staff recommends approval of the PCD subject to compliance with the comments and conditions outlined in paragraphs D, E, and F and the staff analysis in the agenda staff report. PLANNING COMMISSION ACTION: (MAY 14, 2020) The applicants were not present. There were no other persons registered in attendance. Staff presented the item and the recommendation of deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the next scheduled meeting. The vote was 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on August 18, 2020 agreeing to have the PCD zoning conditioned upon the ownership and occupancy of the property by Gary and Andrea Goodwin. If the Goodwins ever sell or vacate the property the PCD zoning will become null and void, with the property reverting back to its original R-2 Single Family Residential zoning and use. The applicant has also noted that hours of operation will include occasional Sunday events with hours limited to 10:00 a.m. to 9:00 p.m. Otherwise, to staff’s knowledge there are no outstanding issues associated with this application. Staff continues to support the application. 6 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present with an authorized agent representing the application. There were no supporters and five (5) registered objectors. Staff presented the application with a recommendation for approval. Mr. Andrew Francis, P.A. addressed the Commission in support of the application. He stated that his clients have lived in the Ferndale Neighborhood for a couple of decades. They have operated their weddings and other charitable events for about six (6) years. These events occur no more than once a weekend with the weddings occurring on a weekend and the charitable dinners one time during the week with an occasional weeding during the week. Mr. Francis explained that a part of the issue is the location’s designation as a commercial venue. Originally, the clients approached the Staff with the intent to operate as a Home Occupation, Licensed Designation. Staff advised that the property will be better placed as a commercial development. However, his client does not see this as a commercial development. They see themselves as part of the community in Ferndale. As Staff has stated, this is only a secondary use to their home. There has been some issue with the access to this property. It is situated over an easement which runs from Kanis Road, north to the client’s property to Garrison Road. The neighbors hired an attorney who sent a demand letter which is included in the information submitted to the Board. The demand was for the Goodwin’s to stop using the easement for any commercial purposes. A copy of the easement has been provided. The dispute over the easement has caused some people to create an issue of this use of the property. Mr. Francis stressed that the important point is that this is only a temporary use, secondary to the Goodwin’s home. Once the home is sold, it will revert to its original residential zoning. The scope of this property is enormous consisting of 80 acres. The clients have built a gate at the south end of their property which is situated over the easement. This gate is closed during the event to prevent travel down the easement to the neighbor’s property. Traffic is accessed through Garrison, Kanis and Ferndale Cutoff Roads. The volume of traffic to the events can be handled by the capacity of these large streets. Mr. Francis briefly outlined these additional following points to the opposing views: 1. Well-Water/Septic System: The review by the Staff noted that Little Rock Water Reclamation had no comment since their office does not serve this area. 2. Property Valuation: The clients have an enormous investment in their property. They would not do anything to adversely impact their or their neighbors’ property value. 3. Emergency Response Time: The County responded to a medical emergency during one of the events with no issues reaching the property. Any future medical emergencies are best addressed by the county who is responsible for responding. 7 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 4. Bill of Assurance: This document was prepared by his clients years ago in conjunction with the sell of part of their property. None of the objectors here are entitled to enforce the document. 5. Noise: The county regulates noise and has its own ordinance. Although the clients are committed to complying, this property is and remains subject to the Pulaski County Noise Ordinance. 6. Abutting Lot (Eastern Property Line): The clients agrees to amend their application to agree to build the proposed venue with a 150 feet setback. 7. Outbuilding: There are no immediate plans to construct. However, if constructed, it will remain architecturally compatible with the property. Michael Bowman, 3614 Garrison Road, addressed the Commission in opposition to the application. He expressed concerns related to the change in zoning from residential to commercial, the access of emergency vehicles on the narrow roads, and risks involved with the serving of alcohol for guests unfamiliar with the dark, narrow roads. Julie Favorite, property owner of Lot 6, addressed the Commission in opposition to the application. She outlined her opposition to the following: 1. The zoning change from residential to commercial which would allow a wedding venue and event center. 2. The building permit required to build the 3200 square feet outbuilding with approximately 200 feet from Lot 6. 3. The Secretary of State, City Hall or the Pulaski County Clerk’s Office did not have record of a business license for the property. 4. There is no Certificate of Occupancy on record for the property. 5. The West Pulaski Fire Department stated there is no evacuation plan for this location. 6. There is no regulation of the amount of alcohol being served to large crowds of approximately 200 guests for wedding events. 7. There is no Food Handlers Permit for the events. Judd Tolson addressed the Commission in opposition to the application. He briefly explained that he sold 80 of the 200 acres he purchased 30 years ago to the Goodwin Family. The sale included a strict Bill of Assurance stating that there could be no commercial activity allowed in addition to any activities which could disturb the neighbors. Property owners built their homes with intentions that they were protected with these restrictions. The wedding events create noise and traffic safety concerns. There have been numerous reports to the Sheriff’s Department for car accidents and other violent incidents in the area. Mr. Tolson stated that if the property is converted to commercial, it will remain a commercial venue. 8 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 Deborah Reynolds addressed the Commission in opposition to the application. As a property owner of two (2) lots in the Reynolds Mountain Subdivision, she is the closest neighbor to the east of the Goodwin property. Ms. Reynolds outlined her opposition as the following: 1. The traffic noise from vehicles entering and exiting the property as well as the risks involved with serving alcohol. 2. The noise from the music and live bands echoes around the area. 3. The lights for the proposed venue will ruin their dark sky. 4. The security issues related to leaving the gate open all day and night for the vendors and guests. 5. The shared access of emergency vehicles and guests as they are exiting the property in the event of an emergency. 6. The adverse effect on their property values if the property is allowed commercial zoning. 7. The potential issues for neighbors of accommodating that many people on the personal well water and septic systems. 8. The lack of compliance with the COVID-19 regulations. Dr. Michael Spann addressed the Commission in opposition to the application. He requested the following information: 1. The case number, response date, and type of vehicle for emergency event mentioned by Mr. Francis. 2. The capacity of the Goodwin’s septic system and the last date of service. Mr. Francis began his rebuttal by stating that the events occur every other weekend with one (1) charitable event during the week and that the clients do not supply any alcohol. He also that his client asked for Home Occupation, but the Staff encouraged the commercial zoning. Commissioner Vogel inquired about the specifics of the Goodwin’s septic system. Mr. Francis stated that he did not the specifics noting that the LRWRA did review this application with no comments. Since there has not been any issues in six (6) years, it is proof that it is not really an issue. Commissioner Brooks questioned the Goodwin’s decision to use their home for this type of business and the Goodwin’s attempt to meet with neighbors prior to moving forward. Andrea Goodwin stated that the events allow the family to offset the cost of the maintenance of the property. She also confirmed that she did visit with a few of the neighbors regarding the use of the property. 9 September 24, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-9500 Commissioner Rahman inquired of the Staff’s recommendation for the Planned Commercial Development (PCD). The Staff stated that PCD was the best option to address the proposed use of the property. Director Collins added that this was not a decision that our office took lightly. We make recommendations based on the information we have when we receive the application. The proposal did not qualify for Home Occupation due to the sheer size and generation of parking by the definition of what a Home Occupation is in residential zone. Commissioner Rahman ask for confirmation that the applicant is a natural person and not an entity, trust or some other form of ownership. Commissioner Brooks asked the applicant if she would agree with another commercial business such as a car wash coming into the neighborhood. Mrs. Goodwin stated that she would have be okay with it if it is the law of the land. There was a motion to approve the application as recommended by staff, including all staff comments and conditions. The motion was seconded. The vote was 4 ayes, 5 nays and 2 absent. 10 September 24, 2020 ITEM NO.: B FILE NO.: Z-9508 NAME: Posh Automotive Short-form PCD LOCATION: 8900 Colonel Glenn Road DEVELOPER: Anthony Hill 30 Wedgewood Creek Drive Little Rock, AR 72210 501-420-4474 OWNER/AUTHORIZED AGENT: Anthony Hill/Owner Stormy Cubb/Authorized Agent SURVEYOR/ENGINEER: Trotter Surveying/Surveyor AREA: 1.29 acres NUMBER OF LOTS: 9 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.05 CURRENT ZONING: C-3, General Commercial District and R-4, Two-Family Residential District ALLOWED USES: C-3 uses and R-4 uses PROPOSED ZONING: PCD, Planned Industrial Development PROPOSED USE: Automobile Sales (Used) VARIANCE/WAIVERS: STAFF UPDATE: The applicant did not provide responses to the subdivision committee comments in a timely manner; therefore, the item must be deferred. Staff recommends approval of the deferral to the next scheduled meeting, as determined by staff. September 24, 2020 ITEM NO.: B (Cont.) FILE NO.: Z-9508 PLANNING COMMISSION ACTION: (MAY 14, 2020) The applicants were not present. There were no other persons registered in attendance. Staff presented the item and the recommendation of deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the next scheduled meeting. The vote was 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant has not provided staff with the additional information needed for staff to review the proposed PCD development. Staff recommends that the application be deferred to the next available meeting, as determined by staff. PLANNING COMMISSION ACTION: (JUNE 25, 2020) The applicants were not present. There were no other persons registered in attendance. Staff presented the item and the recommendation of deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the next scheduled meeting. The vote was 11 ayes, 0 noes and 0 absent. STAFF UPDATE: The applicant submitted a letter to staff on August 24, 2020 requesting this application be deferred to the October 29, 2020 agenda. The applicant has hired a design professional to provide a site plan for the proposed development. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant submitted a letter to staff on August 24, 2020 requesting this application be deferred to the October 29, 2020 Agenda. The applicant has hired a design professional to provide a site plan for the proposed development. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. 2 September 24, 2020 ITEM NO.: 1 FILE NO.: S-1877 NAME: Quik Trip 7211 – Preliminary Plat LOCATION: Interstate 30 at Otter Creek Road DEVELOPER: Specialized Real Estate Group, Inc. 15 N. Church Avenue, Suite 103 Fayetteville, AR 72701 OWNER/AUTHORIZED AGENT: White-Daters and Associates Brian Dale 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: Rasbury Surveying 308 West South Street Benton, AR 72015 AREA: 16.12 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 41.03 CURRENT ZONING: C-4 VARIANCE/WAIVERS: 1. Lot width to depth ratio for Lot 3. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting preliminary plat approval to allow for the subdivision of 16.12 acres into three (3) lots. The property is zoned C-4 and is located at the intersection of I-30 and Otter Creek Road. September 24, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1877 B. EXISTING CONDITIONS: The property is currently undeveloped. It was previously used as a gravel parking area for large semi trucks and trailers associated with a trucking company. C. NEIGHBORHOOD COMMENTS: Notice of public hearing was sent to all owners of abutting properties and the Otter Creek, Bentley Court, Chateaus on Stagecoach and SWLR United for Progress Neighborhood Associations. D. ENGINEERING COMMENTS: 1. Otter Creek Road is classified on the Master Street Plan as a Minor Arterial roadway. A dedication of 45-foot wide Right-of-Way from Centerline will be required. 2. Sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. 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. 6. Show the limits of the 100-year floodway and floodplain on the preliminary plat. 7. Minimum finished floor elevation must be shown on the lots within the subdivision to be at least 1 foot above the base flood elevation. 8. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 9. 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. 10. Show existing and proposed driveway location(s) and widths. Driveway spacing for arterial streets per City Code Chapter 31-210 is 300 foot between driveways and intersections and 150 feet from the side property line. 2 September 24, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1877 11. All public drainage easements must contain drainage infrastructure approved by the City of Little Rock Public Works Department. 12. All public drainage easements must be unobstructed and access provided to the public right-of-way by constructed infrastructure and/or documented on the final plat. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. FOG analysis required. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full plan review Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: No Comments. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No Comments. 3 September 24, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1877 H. ANALYSIS: The subject property is located at the southwestern corner of Interstate 30 and Otter Creek Road. The property is zoned “C-4” Open Display District. The property is currently vacant and undeveloped. It was previously occupied as a gravel parking area for semi trucks and trailers associated with Cal Ark trucking company. The applicant proposes to subdivide the 16.12 acre property into three (3) lots. The lots will range in size from 7.56 acres to 1.98 acres. A convenience store/truck stop development is planned for Lot 1 (6.57 acres). The proposed plat shows three (3) new driveways along the I-30 frontage for Lot 1 and one (1) driveway each for Lots 2 and 3. Two (2) new driveways along the Otter Creek Road frontage are also shown for Lot 1. A small lease parcel for a billboard is shown on Lot 3. The floodway extends onto a small portion of Lot 3 along its west boundary. The applicant has shown an easement for the floodway, as well as a required 25 foot maintenance easement for the floodway area. Minimum finish floor elevations are shown for Lots 1 and 3, as required. The applicant is requesting one (1) variance with the proposed preliminary plat. Section 31-284(b) of the City’s Subdivision Ordinance states that commercial lots must have a lot depth which does not exceed three (3) times the lot width. The lot depth for Lot 3 is slightly over three (3) times the lot width. Staff supports the variance request as it is very minor in nature. To staff’s knowledge, there are no outstanding issues related to this preliminary plat request. The applicant has done a good job in addressing issues as raised by staff during staff’s review of this plat. The subdividing of this property should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the proposed preliminary plat and lot width-to-depth variance, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the 4 September 24, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1877 “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 nays and 2 absent. 5 September 24, 2020 ITEM NO.: 2 FILE NO.: Z-4807-R NAME: Lot 1, Wellington Park – PD-O LOCATION: 2113 Wellington Village Road DEVELOPER: Forest Park Partners, LLC #1 West Palisades Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: White-Daters and Associates Brian Dale 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters and Associates AREA: 2.707 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.19 CURRENT ZONING: PD-O (expired) VARIANCE/WAIVERS: 1. Advance grading variance. 2. Grading into the required northern land use buffer. BACKGROUND: Ordinance No. 20,742 adopted by the Little Rock Board of Directors on July 9, 2013, rezoned the site from MF-6, Multi-family to Planned Office Development POD. The applicant proposed the development of the site with five (5) single story office buildings each proposed on a separate lot. The buildings were to range in size from 5,000 square feet to 15,120 square feet. The lots were to share access and parking through a cross September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R access and parking agreement. Each of the lots was designed to allow for sufficient parking on each lot for the proposed office users. A specific listing of uses was approved for the site. The approved uses included a Bank or savings and loan office, Clinic (medical, dental or optical), Establishment of religious, charitable or philanthropic organization, Art gallery, Office (general and professional), Private school for tutoring, business, adult education or special education, Studio (art, music, speech, drama, dance or other artistic endeavors), Travel bureau, Barber or beauty salon, Photography studio, Studio (broadcasting or recording), Duplication shop, Laboratory, Health studio or spa. Ordinance No. 21,200 adopted by the Little Rock Board of Directors on April 5, 2016, revised the previously approved PD-O to allow the development of 1.8-acres of a 4.81-acre tract and to create a two (2) lot plat. The plan included the construction of a 12,200 square foot building to be used as a daycare center and 45 parking spaces. A playground containing 19,431 square feet of space was proposed and 28,189 square feet of miscellaneous space including open space and landscaping was proposed. The building was proposed as a single story building. On March 7, 2017, the Board of Directors passed Ordinance No. 21,638, revising the previously approved PD-O, Planned Development Office, to allow the development of 2.707-acres with two (2) buildings each containing 14,386 gross square feet of floor area for elderly housing. The plan indicates the placement of 22 parking spaces to serve the western building and 17 parking spaces to serve the eastern building. The PD-O zoning approved by the Board on March 7, 2017 has expired as of March 7, 2020, as the property remains undeveloped. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting that the PD-O zoning as approved by Ordinance No. 21,368 on March 7, 2017 be re-established. The applicant is requesting that the PD-O zoning be re-established with no changes, as approved by the Board and Planning Commission on February 2, 2017. B. EXISTING CONDITIONS: The property is currently undeveloped. The south and west portions of the property is grass covered. Trees and undergrowth are located within the northeast quarter of the property. 2 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Villages of Wellington Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. 2. 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. A land alteration variance is required for the advance grading of Phase 2 with construction of Phase 1. 3. Regional stormwater detention is provided for this property in the pond on the west side of Kirk Rd. 4. 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. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 6. 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. 7. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 8. Prior to construction of retaining walls, 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. 9. 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 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Capacity Fee Analysis Required. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed 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. 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 in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. 4 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 5 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. 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. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: All buildings 30 feet or more in height require fire access roads on both sides 15-30 from the building. For information contact Captain John Hogue at 501.918.3782. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. 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. 3. 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. 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. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. Screening requirements will need to be met adjacent to the north and east residential zoned property. 6 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R 4. 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. 5. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 6. 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 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. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 8. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 9. 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. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: Land Use Plan: The request is in the Chenal Ridge Planning District. The Land Use Plan shows Suburban Office (SO) for the requested area. Suburban Office provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The application is to re-approve an expired PD-O (Planned District Office) for an elderly housing development on the site. 7 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) to the east; Residential High Density (RH) to the north; Public Institutional (PI) to the south; and (SO) to the west. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Residential High Density accommodates residential development of more than twelve (12) dwelling units per acre. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. Suburban Office provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. Master Street Plan: To the south is Wellington Village Road and it is shown as a Collector on the Master Street Plan. The primary function of a Collector is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown on Wellington Village Road. Bike Routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. H. ANALYSIS: The applicant proposes to re-establish the previously approved Lot 1, Wellington Park – PD-O, located at 2113 Wellington Village Road. The previously approved PD-O expired on March 7, 2020, three (3) years after the ordinance approved the development. The applicant proposes to re-establish the PD-O just as it was approved in 2017. The development will consist of two (2) buildings to be utilized as elderly housing/assisted living. The applicant proposes the easternmost building to be constructed as Phase I, with the west building being Phase II. The parking and other site improvements will be constructed with Phase I. Each assisted living facility building will accommodate 16 to 20 residents per building who will have specialized care. The caregiver/client ratio is one (1) to four (4). The residents will be provided meals, activities and support that are 8 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R individualized for each resident. This development will provide ancillary services on-site, such as transportation, recreation, and common dining facilities. The proposal is to allow the construction of two (2) buildings each containing 14,386 gross square feet of floor area. The site plan indicates the placement of outdoor patio areas. The construction materials for the buildings are proposed as a mix of brick and masonry board siding. The roofs are composite asphalt shingles. The maximum building height proposed is 25-feet. The site plan indicates the placement of 36 parking spaces. Parking for an assisted living facility is typically calculated at ½ space per unit. The development is proposed with a maximum of 40 beds which will require the placement of 20 parking spaces. Staff feels the parking as proposed is adequate to serve the development. The site plan indicates the placement of a single development sign along Wellington Village Road. Typically signage allowed in office zones is six (6) feet in height and 64 square feet in area. The site plan notes the placement of a monument sign which complies with the typical ordinance standard. The site plan indicates the placement of a dumpster along the eastern perimeter of the site. The applicant notes the dumpster was placed in this area to limit visibility from the adjacent street. The applicant states due to the grade of the site the dumpster will be located below street grade. The enclosure will be constructed of complimentary materials of the building construction. The enclosure will also incorporate a metal gate along the front side. Landscape materials, evergreen trees and shrubs, will be placed around the dumpster enclosure to soften the visual impact of the dumpster enclosure from the adjacent parking lot and the abutting street. The hours of dumpster service will be 7 am to 6 pm Monday through Friday. The applicant is required to provide a land use buffer along the northern perimeter as well as provide screening due to the adjacent residential use and zoning. The site plan indicates the northern land use buffer will not remain in its undisturbed natural state. The grading plan indicates grading to the northern property line to allow the site to develop as proposed. The applicant has indicated a screening fence or dense evergreen plantings will be provided along the northern boundary. The required land use buffer along the northern perimeter should be 21.94-feet with no more than 30 percent of the buffer area disturbed. The plan as presented indicates the entire buffer area to be graded. A previous application was approved with an encroachment into this buffer area but to mitigate the encroachment that applicant offered to provide evergreen plantings at a rate of two (2) times the normal requirement of the landscape ordinance for perimeter plantings. The plant materials are to be a minimum of six (6) feet in height at the end of the growing 9 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R season. Staff feels to allow this development to remove the land use buffer the developer should install evergreen plantings also at a rate of two (2) times the typical ordinance requirement and to stagger the plantings to increase the visual screen. Per typical ordinance requirements the required street buffer would be 21.94-feet and in no case less than one-half. It appears the street buffer requirement is being met. The land use buffer along the eastern perimeter will be maintained as typically required by ordinance. The applicant has indicated a screening fence or dense evergreen plantings will be placed within the buffer to provide the required screening. All site lighting will be low level and directional, directed downward and into the site. The lighting will be shielded to minimize over spilling of light onto adjacent properties. The maximum pole height for the parking lot lighting is 20-feet. The applicant is proposing to grade the entire site with Phase I development. Therefore, the applicant is requesting as Advance Grading Variance, to advance grade the area of Phase II construction with the development of Phase I. Staff is supportive of the variance request. Staff is supportive of the applicant's request. The development is proposed as an elderly housing development with a maximum of 40-living accommodations. The overall density is 14.8-units per acre. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the re-establishment the PD-O zoning to allow the development as proposed will have limited impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request, and advance grading variance, subject to compliance with the comments and conditions as outlined in paragraphs D, E and F, and the staff analysis, of the agenda staff report. Staff also recommends approval of the variance request to allow grading of the northern land use buffer provided the applicant replant the buffer with evergreen plantings a minimum of six (6) feet in height at the end of the growing season and planted at a rate of two (2) times the normal planting requirement of the landscape ordinance for perimeter plantings. 10 September 24, 2020 ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present. There were no persons present registered in support or opposition. 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 nays and 2 absent. 11 September 24, 2020 ITEM NO.: 3 FILE NO.: Z-7500-G NAME: Hamilton Apartments – PD-R LOCATION: Immediately north of 14524 – 14810 Cantrell Road DEVELOPER: Rees Commercial John Rees 11719 Hinson Road, Suite 130 Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Holloway Engineering Jess Griffin 200 Casey Drive Maumelle, AR 72113 SURVEYOR/ENGINEER: Holloway Engineering AREA: 10.67 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 VARIANCE/WAIVERS: 1. None requested. BACKGROUND: On August 31, 2017 the Planning Commission denied a proposed rezoning of this property titled The Hamilton Apartments Long-form PD-R, a proposed 250 unit multifamily development. The applicant appealed the Planning Commission’s decision to the Board of Directors, but that request was withdrawn by the applicant. September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant’s request is as follows: “This project consists of rezoning of the site from R-2 & PCD to PRD of a 10.67 acre tract. The gated development will consist of a 240 unit multifamily development with 2 interior courtyards. The courtyards will contain a swimming pool, cooking area, sports, and seating areas. Detention will be provided on site. A trash compactor will be located on site and serviced during regular business hours.” B. EXISTING CONDITIONS: The property is currently undeveloped and partially tree covered. Some site work has taken place within the east portion of the property. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Westbury, Westchester Heather and Pinnacle Valley neighborhood associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. 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 the project proposed to be constructed in 1 phase? 3. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 4. Storm water detention ordinance applies to this property. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer, property owners association, and/or owner. 5. 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. 6. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 2 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G 7. The minimum Finish Floor elevation of at least 1 ft. or more above the base flood elevation is required to be shown on plat and grading plans. 8. 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. Show on site plan. 9. On the site plan, show the existing and proposed floodway lines. With portions of the proposed development within the floodway, a Conditional Letter of Map Revision (CLOMR) must be approved prior to issuance of a grading permit. A Letter of Map Revision (LOMR) must be approved to revise the floodway prior to issuance of the building permit even if the LOMR is being prepared by another party. 10. The existing driveway creates left turn conflicts with Jerry Drive. Due to the proposed traffic volumes, the existing driveway should be relocated to align with Jerry Drive to alleviate the unsafe driving condition. Show Jerry Drive on the southside of Cantrell Road on the site plan. 11. Will the east driveway serve as an emergency access only or will it provide a second access for apartment occupants and staff? 12. Obtain approval from the property owner for the east driveway thru the adjacent property. Show on plan a shared access easement to Cantrell Road. 13. Per Chapter 36, no parking is allowed within the floodway. 14. The owner and/or manager of each multi-family residence of 100 or more dwelling units shall provide recycling and encourage participation by the tenants, renters, or owners of each unit. Contact Melinda Glasgow at 371-4646 for more information. 15. Submit a Traffic Impact Study for the proposed project due to the amount of vehicular traffic on Hwy. 10 and the amount of left turn movements. Study should address trip generation and trip distribution for the development and also should take into account existing and projected traffic. 16. Access easements should be obtained for access to the property through other private properties. The west access at the Taylor Loop Road intersection is proposed to be taken thru an existing parking lot or service easement not constructed to a private commercial street standard. The existing service easement has 9 uncontrolled curb cuts, backout parking spaces, and no pedestrian access to the apartments and existing development. 3 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G 17. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 18. Alteration of the water course will require approval from the Little Rock District of the US Army Corps of Engineers prior to start of work. 19. A right turn lane should be constructed on Cantrell Road for the east driveway and the taper extended to the adjacent property's driveway if access other than emergency only access to the apartments is planned at the east driveway The right turn lane should consist of 100 ft. taper and 20. The existing service easement cannot be used for vehicle backing. All parking spaces backing into the service easement must be removed or a variance requested. The easements should be constructed to commercial street standard with sidewalks. 21. A minimum undisturbed buffer strip 25 ft. wide except for reasonable access shall be provided along each side of streams having a 10 yr storm >150 cfs. The undisturbed strip should be measured from the top of the bank. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Sewer main relocation with new easement is required if constructed as shown. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. 4 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed 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. 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 in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 5 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. Multi-Family Residential Developments As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all building, including nonresidential occupancies are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. 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. Parks and Recreation: No comments received. County Planning: No Comments. 6 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G F. BUILDING CODES/LANDSCAPE: Building Code: 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 or Steve Crain at 501-371-4875; scrain@littlerock.gov Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. 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. 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. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. The average width of the lot is approximately 800 feet. A minimum forty- eight (48) foot buffer is required adjacent to the R-2 zoned property to the west. Screening requirements will need to be met adjacent to the north, east, and west R-2 zoned properties. 3. 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, highway or freeway. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. 4. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading 7 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 5. 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). For developments with more than one hundred fifty (150) parking spaces the minimum size of an interior landscape area shall be three hundred (300) square feet. 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 e very twelve (12) parking spaces. 6. A landscape irrigation system shall be required for developments of one (1) acre or larger. 7. 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. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: Land Use Plan: The request is in the River Mountain Planning District. The Land Use Plan shows Residential Low Density (RL), Transition (T) and Park/Open Space (PK/OS) for the requested area. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Transition is a Land Use Plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The Park/Open Space includes public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The application is to rezoning an area from R-2 (Single Family District) and PCD (Planned Commercial Development District) to PD-R (Planned Development 8 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G Residential District) to allow the future construction of a 240-unit multifamily development at an approximate density of 22.5 units per acre on the site. Surrounding the application area, the Land Use Plan shows Commercial (C) to the southwest; Mixed Office Commercial (MOC) to the southeast; Residential Low Density (RL) to the west; and Park/Open Space (PK/OS) along the east and north. Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Mixed Office Commercial provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The Park/Open Space category includes public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. Master Street Plan: There are no public streets bordering this application. Bicycle Plan: There is a Class I Bike Path is shown crossing this area near its southwest corner. A Bike Path is to be a paved path physically separate for the use of bicycles (right-of-way or an easement is recommended). Nine-foot paths are recommended to allow for pedestrian use as well. H. ANALYSIS: The applicant proposes to rezone the 10.67 acre property located immediately north of 14524-14810 Cantrell Road from “R-2” Single Family District and “PCD” Planned Commercial District to “PD-R” Planned District – Residential to allow for the development of a 240 unit multifamily complex. The development will consist of a single building with two (2) interior courtyard areas. Parking will be located along all sides of the proposed multifamily building. Two (2) access drives are proposed from Cantrell Road, via access easements through the commercial properties to the south. The main entry drive will be located at the southwest corner of the site. A secondary entrance (for emergency and service vehicles only) will be located at the southeast corner of the site. Floodway is located within the north portion of the site. The applicant is providing a floodway/drainage and access easement adjacent to the floodway area. 9 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G The proposed building will be four (4) stories in height. The applicant notes that the building height will range between 50 and 60 feet. The applicant also notes that the building will be constructed of hardie board siding and precast concrete. The applicant is proposing a total of 432 on-site parking spaces for the proposed development (1.8 spaces per unit). The parking areas include several garages and carport canopies throughout the site. The applicant notes that the parking structures will have an architectural design complimentary to the apartment building. The parking types will be as follows: 22 spaces – under the building 36 spaces – garages 128 spaces – under canopies 246 spaces – open, uncovered spaces (9 accessible) The City’s Zoning Ordinance would typically require a minimum of 360 on-site parking spaces for the proposed multifamily development. Staff supports the proposed parking plan. The applicant notes that site lighting will be low-level, shielded and directed away from adjacent properties. A trash/recycle collection area is noted near the southeast corner of the site. The trash collection area must be screened as per Section 36-523 of the code. The applicant notes that there will be a monument sign at the main entrance to the development. The ordinance allows a maximum sign height of six (6) feet and a maximum sign area of 24 square feet. The sign must be located at least five (5) feet back from any property line. The proposed site plan shows a six (6) foot high decorative metal fence along the south and west property lines. The fence will terminate prior to the floodway at the southeast corner of the site and at the 25 foot drainage/access easement at the northwest corner of the property. A secondary access for the Village at Ison Creek single family development is located at the southwest corner of the site. An easement for this secondary access must be recorded prior to the issuance of a certificate of occupancy for this project. The Planning and Development Engineering Division reviewed a grading plan for the proposed development. No fill is proposed to be placed within the floodway area. The proposed site plan does show parking structures to be located over a stormwater drainage pipe. The proposed garage structure immediately east of the main entry drive is located over the stormwater drainage pipe. Several 10 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G garage/canopy structures along the west property line (near the northwest corner of the site) are also located over the stormwater drainage pipe. These structures must be removed from the site plan or the stormwater pipe must be relocated. The Public Works Traffic Engineering Division reviewed a traffic study submitted by the applicant and provided the following response: “The level of service at the intersection of Taylor Loop Road at Cantrell Road will worsen with increased traffic, regardless of the type of development at the subject property. An ARDOT project is proposed in the future to widen Cantrell Road and improve the Taylor Loop Road and Cantrell Road intersection similar to the current project under construction. When analyzing traffic volumes generated from multi-family residential zoning (with 240 units) uses, the already approved current zoning of commercial and single family can generate more than double the traffic volume during AM/Noon peak hour periods and near triple during the 24-hour (2-way volume) periods. Given the choice, multi-family zoning will result in a significantly less number of trips during AM/PM peak hours and will also have less impact during the Noon peak hour, as opposed to any retail commercial establishments. Based on trip-generation comparisons of the current zoning (commercial and single family) vs multi-family residential zoning (with 240 units), Public Works recommends approval of the multi-family use. Public Works recommends approval of the Hamilton Apartments conditioned on the following: 1.) Because of increase in southbound left-turn volume, the southbound approach should be reconfigured to allow the existing center thru-lane to function as a shared "left-thru" combination lane. This will improve LOS for the southbound approach and will also help minimize left-turn queuing. Developer is responsible for the installation of pavement markings and signal head modifications; and 2.) The developer has agreed to remove back-out parking and the middle parking lot curb cut on the west side of the service easement. Staff believes instead of closing the middle curb cut on the west side of the service easement that the existing curb cuts located on the north and south sides of the middle parking lot curb cut should both be closed and the middle curb cut remain open. This will better channelize traffic to the signalize intersection.” 11 September 24, 2020 ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G Staff is supportive of the requested rezoning to PD-R. Staff views the request as reasonable. The majority of this property is designated a “T” Transition on the City’s Future Land Use Plan. Staff views the proposed multifamily development as an acceptable transitional use between the heavy commercial uses along the north side of Cantrell Road and the single family residential uses to the north. Access to the development will be directly from Cantrell Road, through existing commercial developments. There will be no access from Pinnacle Valley Road to the north. Additionally, a floodway area will separate the proposed development from the existing R-2 zoned properties to the north. Staff believes the proposed multifamily use will be a quality in-fill type development at this location. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-R zoning, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D, E and F, and the staff analysis, in the agenda staff report. 2. A copy of the recorded instruments for access easements from Cantrell Road must be submitted to staff prior to issuance of a building permit. 3. A copy of the recorded instrument for secondary access to the Village at Ison Creek single family development must be submitted to staff prior to issuance of a certificate of occupancy for the development. 4. The garage/canopy structures located over the stormwater pipe must be removed or the pipe must be relocated. 5. All site lighting must be low-level, shielded and directed away from adjacent properties. 6. The trash/recycle collection area must be screened as per Section 36-523 of the code. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant submitted a letter to staff on August 22, 2020 requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. 12 September 24, 2020 ITEM NO.: 4 FILE NO.: Z-8411-A NAME: Harrell Rooming – Boarding House/Bed and Breakfast – PRD LOCATION: 3221 West Markham Street DEVELOPER: Martha Nanette Harrell 3221 West Markham Street Little Rock, AR 72205 OWNER/AUTHORIZED AGENT: Harry Steven Thomas and Martha Nanette Harrell 3221 West Markham Street Little Rock, AR 72205 SURVEYOR/ENGINEER: Marlar Engineering 5318 JFK Blvd. North Little Rock, AR 72116 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 9 CENSUS TRACT: 48 CURRENT ZONING: R-3 VARIANCE/WAIVERS: 1. None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the property from R-3 to PRD to allow for the existing residential structure to be used as a boarding house and bed and breakfast. The applicant’s proposed is as follows: “Proposal for a PRD for 3221 West Markham Street to allow use as follows: · Primary goal: Boarding House: September 24, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A o Three bedrooms, Maximum of six people § Advertise to professionals who are searching for a place to stay that is one week to less than 12 month rental. § Bed and Breakfast type of use for rentals less than one week. This option will be used to fill gaps in scheduled bookings. o Provide an option to all occupants for meal service (Will meet license and permit requirements.) o Shared common area: Living Room, Dining Room, Utility Room, Office Space, Sun room, Back deck, Front Terrace o Owner Occupied: Owners will have a space in the downstairs bedroom. · Parking: Will include one location on the carport in the back yard, off of Brown Street. Three additional parking locations are available on the driveway on the east side of the house, off of Markham Street. · Signage: Create a stained glass sign within the arched front porch roof. Provide ground level signage in the North West corner of the front yard, five feet from city right-of-way. (Will meet city ordinance requirements.)” B. EXISTING CONDITIONS: The property is occupied by a one-story brick and frame single family residence with basement level. Driveways from West Markham Street and Brown Street serve as access to the property. Parking is located along the east, west and north sides of the residence. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Hillcrest and Capitol View Stifft Station neighborhood associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. A property survey was not provided. 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. A property survey was not provided. 2 September 24, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A 3. A 20 feet radial dedication of right-of-way is required at the intersection of Markham Street and Brown Street. A property survey was not provided.  E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Capacity Fee Analysis Required. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full plan review Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: No Comments. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: Land Use Plan: The request is in the Interstate 630 Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes 3 September 24, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A and cluster homes, provided that the density remain less than 6 units per acre. The application is to rezoning an area from R-3 (Single Family District) to PRD (Planned Residential Development District) to allow the existing house to be used as a Board House, with meeting/conference space for up to 10 persons. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL). Approximately a block and a half to the east, is the Stifft Station business district which is shown primarily as Commercial (C) and Residential High Density (RH). Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Residential High Density accommodates residential development of more than twelve (12) dwelling units per acre. Master Street Plan: To the north is Markham Street and it is a Minor Arterial on the Master Street Plan. To the west is Brown Street, this street are classified Local Streets by the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians Markham Street since it is a Minor Arterial. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant requests to rezone the property located at 3221 West Markham Street from “R-3” Single Family District to “PRD” Planned Residential District to allow for the existing residential structure on the site to be used as a boarding house and bed and breakfast. The applicant’s proposed use for the property is as follows (also noted in paragraph A.): “Proposal for a PRD for 3221 West Markham Street to allow use as follows: · Primary goal: Boarding House: 4 September 24, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A o Three bedrooms, Maximum of six people § Advertise to professionals who are searching for a place to stay that is one week to less than 12 month rental. § Bed and Breakfast type of use for rentals less than one week. This option will be used to fill gaps in scheduled bookings. o Provide an option to all occupants for meal service (Will meet license and permit requirements.) o Shared common area: Living Room, Dining Room, Utility Room, Office Space, Sun room, Back deck, Front Terrace o Owner Occupied: Owners will have a space in the downstairs bedroom. · Parking: Will include one location on the carport in the back yard, off of Brown Street. Three additional parking locations are available on the driveway on the east side of the house, off of Markham Street. · Signage: Create a stained glass sign within the arched front porch roof. Provide ground level signage in the North West corner of the front yard, five feet from city right-of-way. (Will meet city ordinance requirements.)” The applicant notes that parking for one (1) vehicle exists on the west side of the property (from Brown Street) and three (3) spaces exist along the east side of the residence (access from West Markham Street). There is also a circular driveway from West Markham Street, which is located mostly within the public right-of-way. Staff will allow one (1) vehicle to be parked on the circular driveway. On-street parking is also allow along the east side of Brown Street. The City’s Zoning Ordinance would typically require four (4) parking spaces for the proposed use. Staff believes that the applicant’s parking plan will adequately serve the proposed use of the property. The applicant proposes to place a stained glass sign within the arched area above the front door. This sign will be approximately 10 square feet in area. The applicant also proposes a ground sign at the northwest corner of the property, five (5) feet back from the property lines and conforming with city ordinance requirements. Section 36-552 allows a ground sign for a multifamily-type development to have a maximum height of six (6) feet and a maximum area of 24 square feet. Staff is supportive of the requested PRD zoning to allow use of the existing residence as an owner-occupied boarding house/bed and breakfast. Staff views the request as reasonable. The property is located on West Markham Street, a minor arterial roadway, and on the outer edge of the Capitol View Stifft Station neighborhood. The proposed use of the property as a boarding house will not be 5 September 24, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A out of character with the overall neighborhood. There are other non-single family residential uses and zoning scattered throughout this neighborhood, including R-4, R-5 and PRD zonings and multi-unit residential developments. Staff believes the proposed PRD zoning will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD zoning, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, in the agenda staff report. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements such a fencing, landscaping and circular driveway located within dedicated right-of-way. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) Dr. Nanette Harrell was present, representing the application. There were no supporters and two (2) registered objectors. Staff presented the application with a recommendation for approval. The applicant deferred to the registered opposition. James Smith, 102 Ridgeway Drive, addressed the Commission in opposition of the application. As a 17-year resident of the Hillcrest Community, he expressed concern for the effect of the approval of the Boarding House on the housing market when he and his wife decide to downsize for retirement. Mr. Smith added that the zoning change from single-family residential is the primary reason for his opposition. Commissioner Vogel asked the Staff if this zoning proposal was a work-around for the previous problems with the short-term rentals, vacation rentals, and other Bed and Breakfast properties for revenue streams by the property owners in the city. Director Collins explained the proposed future-plans for regulation of short-term rentals will not be affected by the current process. As it stands, any property deemed as a short-term rental by Planning and Development must be reviewed as a Planned Residential Development (PRD) due to its intended use. The report presented to the Board of Directors defines the distinction between owner-occupied properties and property owners not living onsite. Further distinction will be proposed for applications which will require final approval by the Board of Directors (i.e., Planned Developments) and those which will be allowed final approval by the Planning Commission (i.e., Special Use Permits). However, as of now, our office requires these proposed uses to be reviewed as a Planned Development. 6 September 24, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A Staff emphasized that a Bed and Breakfast and a Boarding House are specifically defined terms in the ordinance. In most cases, a Special Use Permit (SUP) can be considered. In this case, the Bed and Breakfast use does not allow full-meal services. Originally, the applicant proposed full-meal service to all the occupants. The SUP with a variance or the PRD would allow this service. However, the applicant was more comfortable with the PRD zoning since there was a variance involved. Dr. Harrell addressed the Commission in support of the application. To address the opposing points, she briefly explained that the home has more room than she and her husband will need as they approach retirement. This method will help to secure their future. She acknowledged Mr. Smith concerns by adding that the proposed use of their property will improve the value of his property as he considers downsizing for retirement. Commissioner Brooks asked the applicant if there were a prior attempt to sell the property with a follow-up question of how long the property remained on the market. The applicant confirmed that her home remained on the market for about a year and a half. There was motion to approve the application as recommended by staff, including all staff comments and conditions. The motion was seconded. The vote was 8 ayes, 1 nay and 2 absent. 7 September 24, 2020 ITEM NO.: 5 FILE NO.: Z-9524 NAME: Woodland Park – PRD LOCATION: 13701 Kanis Road DEVELOPER: Woodland Park of Little Rock, LLC 15100 Pride Valley Road Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: White-Daters and Associates Brian Dale 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters and Associates AREA: 10.13 acres NUMBER OF LOTS: 55 FT. NEW STREET: Approximately 1,250 LF WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. Advance grading variance. 2. Variance from the Little Rock Stormwater Management and Drainage Manual. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the property from R-2 to PRD to allow the property to be subdivided into 55 lots and three (3) tracts for attached and detached single family residential development. September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 B. EXISTING CONDITIONS: The property is currently occupied by a two-story single family residence and associated accessory structure and pond, located within the north third of the property. The remainder of the property is mostly tree covered. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and The Woodlands Edge, Parkway Place and Citizens of West Pulaski County Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with planned development. The new back of curb should match the existing curb to the east and maintain the same width from centerline. 3. The City of Little Rock will not assume maintenance responsibility of the proposed public alleys. The alley should be maintained by the POA and shown a private access and utility easements. 4. Woodland Park Drive is classified on the Master Street Plan as residential local street with a minimum 50 ft. right-of-way and sidewalk on one side for the entire length. A variance from the Master Street Plan is required for the proposed right-of-way width for a minor residential street. 5. Traffic calming devices are required for long straight streets that exceed 900 ft. in length to discourage speeding. A pedestrian table is suggested with a sidewalk crossing. Contact Nat Banihatti, Traffic Engr. at 379-1818 for additional info. 6. Per the International Fire Code for fire access roads and turn arounds, special approval is required for dead-end streets longer than 750 ft. from the CLR Fire Marshal. 7. 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 the construction of the subdivision proposed to be phased? Is a variance requested to advance 2 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 grade future phases with construction of Phase 1? Is a variance being requested to clear and grade the lots with construction of the street and drainage and utility infrastructure? 8. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 9. Storm water detention ordinance applies to this property. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or property owner's association. 10. 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. 11. Per Sec. 31-89(5), a storm drainage analysis showing drainage data should be provided for all watercourses entering and leaving the plat boundaries. The storm drainage analysis shall show in sufficient detail the proposed system's capability of accommodating storm events as required by City code. 12. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 13. 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 for more info. 14. Show on plan the proposed radiuses of the alleys with a detail of the turning movement for a SU-30 vehicle if collection is desired in the rear. No City of Little Rock residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property and collection vehicles can maneuver within the subdivision for collection operations. 15. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements such as signage, landscaping, and pedestrian tables with special pavement and architectural features located in the right- of-way. 16. Provide a letter prepared by a registered engineer certifying the intersection sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. 17. 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 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 18. 100 year overflow swales must be constructed and placed within public drainage easements. All public drainage easements must be unobstructed and access provided to the public right-of-way by constructed infrastructure and/or documented on the final plat. 19. ADA compliant access must be provided to the mail kiosk. 20. The remaining 5 ft. wide dedicated right-of-way should be abandoned. 21. The entrance off Kanis Road should be modified. The center island should be moved south from Kanis Road to the sidewalk and narrowed to a width of 10 ft. The proposed street width on either side of center island should be reduced to 20 ft., the minimum width required by the Fire Code. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements if new sewer service is required for this project. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. 4 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 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. 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 in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. 5 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 One- or Two-Family Residential Developments. As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code Vol. 1, One- or Two-Family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3. Exceptions: 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and al dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Arkansas Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. 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. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Steve Crain at 501-371-4875; scrain@littlerock.gov 6 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 Residents containing 3 or more dwellings in one building must be separated by 2 hour wall construction. All load bearing separation walls must be constructed with 2 independent, 2 hour fire walls that run 18” through the roof. One layer of 2 hour sheet rock must extend out 4 feet in all directions where the separation wall meets adjoining walls. If such construction is not used the building will be required to be fire sprinkled. If the dwellings are sold individually all utilities must be separated to each individual dwelling. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: Land Use Plan: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) and Suburban Office (SO) for the requested area. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Suburban Office category provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The application is to rezoning an area from R-2 (Single Family District) to PRD (Planned Residential Development District) to allow the future development of a single-family attach and detached subdivision at an overall density of 5.5 units per acre on the site. Surrounding the application area, the Land Use Plan shows Suburban Office (SO) to the north and northeast; Residential Low Density (RL) to the southeast and southwest: Park/Open Space (PK/OS) to the south; and Mixed Office Commercial (MOC) to the northwest. Suburban Office category provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The Park/Open Space category includes public parks, recreation facilities, 7 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 greenbelts, flood plains, and other designated open space and recreational land. Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. Master Street Plan: To the north is Kanis Road and it is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to rezone the 10.13 acre property located at 13701 Kanis Road from “R-2” Single Family District to “PRD” Planned Residential District for the development of an attached and detached single family residential subdivision. The applicant proposes to subdivide the property into 55 lots and three (3) tracts. The northernmost 32 lots will contain eight (8) attached single family structures, each containing four (4) single family residential units. The southernmost 23 lots will be for detached single family residences. The three (3) tracts will be for open space and stormwater detention. A 1,350 foot long public street (Woodland Park Drive) will serve as access to the lots. The roadway will have a hammer-head turnaround at its south end. A community mail kiosk (ADA accessible) will be located along the west side of Woodland Park Drive. The attached single family portion of the development will have private alleys to serve as access and for garbage collection. The entire subdivision will be developed in one (1) phase. The attached single family lots will range in width from 32 feet to 37 feet and depth from 134 feet to 139 feet. Front building setbacks will be 15 feet for the eight (8) northernmost lots and 20 feet for the remainder of the attached single family lots. The rear setback for the attached single family lot will be approximately 40 feet. This will include a 20 foot wide private alley and a rear access drive/parking pad for each single family unit. The exterior side setback for the attached single family buildings will be five (5) feet. Building heights will not exceed 35 feet. The detached single family lots will have lot widths of 50 to 60 feet and lot depths ranging from 110 feet to 160 feet. Front building setbacks will be platted at 20 feet. Lots 17-25 will have rear setbacks of over 25 feet. Lots 26-39 will have rear setbacks ranging from 15 feet to 25 feet, as those lots are adjacent to Tract B (detention). The side building setbacks will be five (5) feet for interior setbacks 8 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 and 15 feet for the two (2) exterior setbacks (Lots 25 and 31). Driveways from Woodland Park Drive will serve each detached single family residence. Building heights will not exceed 35 feet. Right-of-way for Woodland Park Drive will range from 50 feet to 70 feet. There will be a sidewalk on one (1) side of the street. The street will have a hammer-head turnaround at its south end. The Fire Department has approved the hammer-head turnaround, subject to the private alleys being wide enough for ladder trucks turning radii and the placement of “no parking” signs along the private alleys. The applicant has agreed to this condition. The applicant has also agreed to install a traffic calming device on Woodland Park Drive. The applicant is working with Traffic Engineering on the design of the traffic calming device. The applicant is also requesting an advance grading variance to grade the lots at the time of grading and construction of the subdivision infrastructure. Staff supports the requested variance. Tracts A and C will be located along the Kanis Road frontage. A sidewalk and eight (8) foot high brick fence with ten (10) foot high-columns will be located within these tracts. A secondary emergency access will be located within Tract A at the northeast corner of the development. There will be a gate with knox box within the proposed brick fence. There will also be a small entry island at the north end of Woodland Park Drive, within its right-of-way. The island will include a subdivision sign, with a maximum height of six (6) feet and a maximum area of 32 square feet. The applicant is also requesting a variance from Section 5.8.2 of the Little Rock Stormwater Management and Drainage Manual for the location of the dry detention pond (Tract B) within 30 feet of a building. The drainage manual requires the limits of the maximum ponding elevation of a dry detention pond to be at least 30 ft. horizontally from a building and at least 1 ft. vertically from the lowest sill or floor elevation. The applicant proposes for the maximum ponding elevation of the dry detention pond to be within 30 ft. but no closer than 15 ft. horizontally from a building and to be at least 2 ft. vertically below the lowest sill or floor elevation. Staff supports the requested variance. To staff’s knowledge there are no outstanding issues associated with this application. The applicant provided responses and additional information to all issues raised during staff’s review of the application. Staff is supportive of the requested PRD zoning to allow a 55 lot attached and detached single family residential development. Staff views the request as 9 September 24, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9524 reasonable. The property is comprised of 10.13 acres, with a proposed density of 5.5 residences per acre which falls within the Low Density Residential land use designation. The proposed single family residential development represents a continuation of the zoning pattern along the south side of Kanis Road west of Nix Road. The proposed development will be very similar in nature to the Taylor Park Subdivision which is located immediately to the east, and contains a mixture of attached and detached single family residences. Staff believes the proposed development will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD zoning, including variances for advance grading and from the Little Rock Stormwater Management and Drainage Manual, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D, E and F, and the staff analysis, in the agenda staff report. 2. The Property Owners’ Association must provide a written waiver of damage claims for operations on private property, for the residential waste collection service to be provided within the private alleys. STAFF UPDATE: The applicant submitted a letter to Staff on September 4, 2020 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present. There was no person registered in support and one (1) person registered in opposition. Staff informed the Commission that the applicant submitted a letter on September 4, 2020 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff. The vote was 9 ayes, 0 ayes and 2 absent. 10 September 24, 2020 ITEM NO.: 6 FILE NO.: Z-9525 NAME: Mountain Park Addition - PRD LOCATION: Northeast and Northwest corners of N. Taylor Street and “P” Street DEVELOPER: Forest Park Partners, LLC Terra Firma Project, LLC Billy and Jennifer Collins OWNER/AUTHORIZED AGENT: White-Daters and Associates Brian Dale 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters and Associates AREA: 0.64 acre NUMBER OF LOTS: 6 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 16 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. None requested. BACKGROUND: The subject property is comprised of four (4) single family residential lots, two (2) lots at the northeast corner of N. Taylor and “P” Streets ( Lots 6 and 7, Block 20, Mountain Park Addition) and two (2) lots at the northwest corner of N. Taylor and “P” Streets (Lots 4 and 5, Block 21, Mountain Park Addition). The lots at the northeast corner are 1701 and 1705 N. Taylor Street, and the lots at the northwest corner are 1700 and 1704 N. Taylor Street. September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to re-subdivide each set of two (2) lots into three (3) lots (six (6) lots total), and rezone the lots from R-2 to PRD for zero (0) lot line, single family residential development. B. EXISTING CONDITIONS: Each of the four (4) subject lots contains a one-story single family residence. Access to the lots is from N. Taylor Street or “P” Street. Paved alley rights-of-way are located at the rear of all the lots. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Heights, Prospect Terrace and Forest Park Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of N. Taylor Street and P Street on of the replats. 2. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required on 2 plats. 3. A 20 feet radial dedication of right-of-way is required at the intersection of Cantrell Road and Polk Street. 4. The existing alley north of P Street between Taylor Street and Fillmore Street should be repaved from P Street north to the north property line of the replat. 5. Provide existing adjacent right-of-way widths on plan. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements for Lots 9&10, Block 20 for this project. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. 2 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed 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. 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. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: No Comments. Landscape: No Comments. 3 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: Land Use Plan: The request is in the Heights/Hillcrest Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested areas (4 sites). Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The application is to rezoning the four sites from R-2 (Single Family District) to PRD (Planned Residential Development District) for the development of zero-lot line single-family houses at densities of 9.3 to 12.9 units per acre. Surrounding the application areas, the Land Use Plan shows Residential Low Density (RL) to the east, west, south and between; Public Institutional (PI) to the southeast; Park/Open Space (Strip) with Commercial (C) to the north; and Residential Medium Density to the west. Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The Park/Open Space category includes public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. Master Street Plan: To the north (of two sites) is Cantrell Road and it is a Minor Arterial on the Master Street Plan. To the south (of two sites) is P Street, between (two sites) is Taylor Street, east (of one site) is Polk Street; these streets are classified Local Streets by the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. The 4 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: The applicant proposes to rezone the two (2) lots located at each the northeast and northwest corners of N. Taylor Street and “P” Street from “R”-2” Single Family District to “PRD” Planned Residential District. The two (2) lots at the northeast corner of the intersection are 1701 and 1705 N. Taylor Street, with the two (2) lots at the northwest corner being 1700 and 1704 N. Taylor Street. The applicant requests to re-subdivide each set of two (2) lots into three (3) lots for single family residential development. The lots at the northeast corner of N. Taylor Street and “P” Street are 140 feet deep, with proposed lot widths of 31.34 feet, 31.83 feet and 36.83 feet. The lots at the northwest corner are also 140 feet deep, with proposed lot widths of 31.60 feet, 31.83 feet and 36.83 feet. The applicant proposes to construct one (1) single family residence on each of the six (6) resulting lots. The two (2) southernmost residences within each group of three (3) will have a zero (0) side setback on their north side, with the other side setbacks ranging from 4.6 feet to five (5) feet. The northernmost residence within each group will be set back five (5) feet from its north side property line. All of the proposed residences will maintain minimum 25 foot front and rear setbacks. Each of the structures will have a maximum building height of 35 feet, which conforms to the typical R-2 zoning standards. The structures will be constructed of brick, stone and hardie board veneer, with aluminum and vinyl soffit and fascia. The applicant notes that there will be no accessory structures constructed on any of the lots. The applicant is proposing a double driveway within the rear yard of each lot. Each residence will have parking for three (3) vehicles, one (1) in the garage and two (2) on the driveway. The driveways will be accessed via a paved alley along the rear property line of each lot. The applicant has agreed to re-pave the alley behind 1700 and 1704 N. Taylor Street. The alley behind 1701 and 1705 N. Taylor Street is in good condition. 5 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge there are no outstanding issues. The applicant is requesting no variances with the proposed PRD rezoning. Staff is supportive of the requested PRD rezoning to allow the four (4) existing lots to be re-subdivided into six (6) lots for single family residential development. The proposal represents only a minor increase in platted density for the properties. The overall property at each corner is comprised of one-third of an acre. There is another example of smaller lot single family development within this neighborhood, approximately one (1) block to the south, at the end of N. Fillmore Street. This five (5) lot PRD development has lot widths of approximately 40 feet. Therefore, the proposed six (6) lot development will not be out of character with the neighborhood. Staff believes the proposed PRD zoning will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD zoning, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the Staff Analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present, representing the application. There were two (2) supporters and seven (7) registered objectors. Staff presented the application with a recommendation of approval. Mr. Tre Kitchens, Brad Hendricks Law Firm, addressed the Commission in support of the application. He briefly explained the property owners’ commitment to the Mountain Park area. Having developed similar properties to the east of the subject properties, the developer is familiar with the neighborhood. To keep in character with the neighborhood, the homes will have the same unique style as the homes previously constructed by the developer. With respect to Lot 4 (Block 21), it has been the family home for over a decade. Their intent is increase property values and develop the land for its highest and best use. In conclusion, Mr. Kitchens asked to reserve the balance of his time for rebuttal. Ruth Bell, League of Women Voters, addressed the Commission to clarify that her previous opposition of the application has since been resolved. She confirmed no opposition. 6 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 Susan Chan addressed the Commission in support of the application. She briefly explained that she was in favor of new housing in the neighborhood which will offer more variety and lot sizes. She expressed her potential interest in purchasing one of the properties. Elizabeth Drew registered in opposition of the application documenting that she did not want to speak. Tracy Stewart, 1606 North Polk Street, addressed the Commission in opposition of the application. She expressed her concern regarding the style of the homes and the distance between the homes. These are factors which do not speak to the support’s statement that they are characteristics to the neighborhood. The five (5) homes that were constructed years ago at the south end of North Taylor are the same cookie-cutter style homes with forty (40) feet frontage and vinyl siding. To counter the condition of the alleys, Mrs. Stewart expressed that the alley between North Taylor Street and North Fillmore Street are in terrible condition. The construction of the large three (3) large homes on regular side lots on Polk Street has created additional drainage issues. Consequently, the alley between North Taylor and North Polk has deteriorated because of the standing water from the rain. Since the City of Little Rock had decided not to repair these alleys, the builder should be responsible for repair. In closing, Mrs. Stewart provided a copy of the site plans to the Commissioners. Scott Martin, 1708 North Polk Street, addressed the Commission in opposition of the application. He briefly explained that Mr. Collins built his home with the promise to continue to build houses of the same size and value as his home. His concern now is that if these new constructions are allowed, then they will decrease his home’s value. Mr. Martin expressed that this decision will set a precedent which will allow him to continue this style of home in the rest of the subdivisions that he owns. Additionally, due to the condition of the alleys and the fact that no one will maintain it, he has started patch the holes. Having small children, the traffic on the alleyway is terrible. In conclusion, he stated that he strongly opposes the proposal. Thomas Nowlin addressed the Commission in opposition of the application. Referring to the submitted graphics of the recent flooding due to the heavy rain, he emphasized that the construction of these homes will produce a 260% increase in the loss of groundwater absorption. Since the City of Little Rock has major drainage problems, pushing water from the Heights down to the Hillcrest Community and further down south into the I-630 Corridor are issues not being considered. So, the 200 feet notification does not do justice to what the issues are. Incrementally and accumulatively, each approval of these types of projects pushes water downhill to the people who its costing money. The developments should not be approved at the expense of the neighbors, the Hillcrest Community, or those people who are farther 7 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 down the hill. Living directly south of where these proposed developments are located, there are at least three (3) to four (4) inches of water all the way across the width of North Taylor Street. The neighbor below him has spent thousands of dollars to waterproof the underpinnings of her house. Another neighbor farther behind him is dealing with flooding down the back alleyway. Mr. Nowlin presented a challenge to the Commission to consider three (3) points prior to the decision. Emphasizing that he does not oppose new construction, he stated his opposition as four (4) lots being divided into six (6) lots and allowing six (6) homes in place of four (4) homes. Aesthetically, this is totally out of character with the neighborhood. Materially, this is increasing the existing drainage issues by pushing water down hill with the taxpayers bearing the burden. The following are his recommendations for the Commission prior to their decision: 1. Examine the most recent expenses to the City of Little Rock for drainage repair at the base of North Taylor Street in the green area. He requested the cost for labor, equipment, repair, and the time it took the city to repair the drainage issues created by images shown on in the displayed picture. 2. Please conduct a drainage study. There is not a drainage study on file with the Commission. The advancing of this type of permits indicates that he left hand does not know what the right hand is doing. 3. If permitted, the builder should be prohibited from laying asphalt or concrete, driveways and sidewalks in order to maximize all remaining areas for ground water absorption. Additionally, the builder be required to install water barrels for all gutter downspouts to impede and slowdown the advance of rainwater maximizing the opportunity for ground absorption of the water. Mr. Kitchens addressed the Commission as a rebuttal to the opposition. He explained that the statement regarding the condition of the alley was from the Staff and not his client. The opposition’s discrepancy between the views of the effects on their property values was noted. Mr. Kitchens emphasized that the homes will raise the property values and tax revenue for this neighborhood. In response to the drainage study, he pointed out that if it were necessary the City would be able to conduct one. Although there have been arguments that this created the problems, there is not any scientific study or evidence presented other than anecdotal evidence that somehow these new homes are going to make a drainage problem worse. In respect to this being considered as an ugly proposal, he does not have to buy one of the houses. These houses are in keeping with the neighborhood. They are an improvement to the neighborhood. The existing houses were not allowed to deteriorate. 8 September 24, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-9525 The people who are proposing the development currently live on Lot 4 and have done so for more than a decade. Mr. Kitchens concluded by stating that the application has been recommended by the Staff for approval. It is an attempt to improve the neighborhood. Mr. Collins own several properties in this neighborhood. Therefore, it is in his interest for the home values to continue to grow and exceed. This is his business plan and how he feeds his family. He is not going to create something to lower property values. That would be counter-intuitive to anything he is trying to do. Mr. Nowlin rebutted that he is happy with his property value and quite proud of his 90-year old home. His concern is not with his property value, but with the aesthetics of the neighborhood. It will completely reshape what it looks like. Secondly, there is a drainage issue. If a material study was not done, then shame on you. He stated that it was not his problem. The drainage issue needs to be studied and needs to be addressed. This impacts multiple communities beyond the 200 feet perimeter set for the notification of this meeting. Mrs. Stewart countered the support stating that three (3) of the four (4) homes have deteriorated. The one house that has not is the one Mr. Collins owns and his parents live in. That house is in perfectly good condition. Commissioner Brooks inquired to Mr. Kitchens why has his client chosen to build three (3) homes per lot. Mr. Kitchens stated that Mr. Collins does not want to build homes that will price people out of the neighborhood. The neighborhood is highly sought after due to the elementary school in the area. With a price point of about $500K, it prices the homes more within the reach of young families to come in and have young children attend that school. The emphasis to the plan is to not continue to build homes that are so far out of the price range that they would not be able to live in the neighborhood. There was motion to approve the application as recommended by staff, including all staff comments and conditions. The motion was seconded. The vote was 4 ayes, 4 nays and 3 absent. 9 September 24, 2020 ITEM NO.: 7 Name: Resolution expressing intent to Zone Southeast Planning Area Location: The area south and east of the currently Zoning area to the Planning Boundary Source: City of Little Rock PROPOSAL / REQUEST: To approve a resolution expressing the intent to zone the remaining extra-territorial area. ANALYSIS: The State enabled the City to zone the area surrounding the City within three miles in the late 1980s. This was an extension of the previously allowed zoning both up and down stream on the Arkansas River (navigable stream) which had been allow for many years. Little Rock and other Arkansas City have been allowed to enforce their Subdivision Ordinances in their Planning Areas for many years. This is done to help assure that roadway corridors both existing and proposed are protected from development. The government gets right-of-way and in some cases construction of needed roads through the subdivision process. Little Rock has been doing this for decades within all of its Planning jurisdiction. Little Rock began implementing the zoning power in the western Planning Area since this is where more growth was being seen in the subdivision process. During the 1990s and early 2000s, Little Rock implemented zoning for its Planning Area west of the City. Several use issues have been brought to the City within the area south and east of the City. Since zoning had not been enacted for the area there was nothing the City could do to address these concerns. The City believes it is now time to implement zoning in the remaining Planning area. This is so that the City might be able to address use issues that might be a nuisance and have negative impacts on the area. STAFF RECOMMENDATIONS: Staff recommends approval. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The Item was places on consent agenda for approval. By a vote of 9 for, 0 against and 2 absent the consent agenda was approved. September 24, 2020 ITEM NO.: 7 (Cont.) PC Resolution 2 September 24, 2020 ITEM NO.: 8 FILE NO.: Z-567-A NAME: Rezoning from I-2 to R-4 LOCATION: 1800 East 3rd Street DEVELOPER: Loblolly Development LLC 130 Bridgewater Point Hot Springs, AR 71913 OWNER/AUTHORIZED AGENT: David R. Thompson SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Hensley, AR 72065 AREA: 0.22 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 6 CENSUS TRACT: 2 CURRENT ZONING: I-2 VARIANCE/WAIVERS: 1. None requested. BACKGROUND: The property located at 1800 East 3rd Street was rezoned from R-4 to I-2 in 1962, by Ordinance No. 11,264. The property is comprised of two (2) legal lots of record; the south half of Lots 13 and 14, Block “B”, Fletcher and Clark Addition. September 24, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.22 acre property from “I-2” Light Industrial District to “R-4” Two-Family District. The rezoning is proposed in order to construct one (1) duplex structure on each lot. B. EXISTING CONDITIONS: The property is undeveloped and grass-covered. There are a few small trees within the front (south) portion of the property. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the East Little Rock and Hanger Hill Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: No comment. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer is available but 15' deep in 3rd St. Separate services required for each lot if new service is required. Entergy: No comments received. CenterPoint Energy: No Comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: 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. 2 September 24, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A 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. If the grade exceeds 10 percent, approval will be denied and the applicant must submit request to be reviewed by Fire Chief for Approval. 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. 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 in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Multi-Family Residential Developments As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all building, including nonresidential occupancies are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. 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 3 September 24, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the East Little Rock Planning District. The Land Use Plan shows Residential Medium Density (RM) for the requested area. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The application is to change the property from I-2 (Light Industrial District) to R-4 (Two Family District) to allow for future development of the site. Surrounding the application area, the Land Use Plan shows Residential Medium Density (RM) to the south, east and west. There is an area of Park/Open Space (PK/OS) then Mixed Use (MX) to the north. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. In this case the levee along the Arkansas River. The Mixed Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. 4 September 24, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A Master Street Plan: To the south is 3rd Street which is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: Loblolly Development, LLC, owner of the 0.22 acre property located at 1800 East 3rd Street, is requesting that the property be rezoned from “I-2” Light Industrial District to “R-4” Two-Family District. The rezoning is proposed to allow construction of two (2) duplex structures. The property is comprised of two (2) legal lots of record; the south half of Lots 13 and 14, Block “B”, Fletcher and Clark Addition. The property is currently undeveloped. The property is located in an area of mixed uses and zoning. The property to the east and north is zoned PCD and is part of the Rock City Marina and Yacht Club development, a mixed use development. Two (2) churches are located within the block to the southwest across East 3rd Street. There is a scattering of single family homes to the south. Undeveloped R-4 zoned property is located to the west. The City’s Future Land Use Plan designates this property as “RM” Residential Medium Density. The requested R-4 zoning does not require a plan amendment. Staff is supportive of the requested R-4 zoning. Staff views the request as reasonable. The proposed R-4 zoning is consistent with the future plan designation of Residential Medium Density. The adjacent properties to the west, southeast and southwest are currently zoned R-4. Therefore, the proposed R-4 zoning will represent a continuance of the established zoning pattern in this overall area. Staff believes rezoning this property to R-4 will have no adverse impact on the adjacent properties or the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. 5 September 24, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant failed to send the required notifications to surrounding property owners. Staff recommended this application be deferred to the October 29, 2020 Agenda. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. 6 September 24, 2020 ITEM NO.: 9 FILE NO.: Z-5096-D NAME: Rezoning from PCD to O-3 and C-3 LOCATION: Southeast and Southwest corners of Kanis Road and Woodlands Trail DEVELOPER: Rocket Properties, LLC c/o The Winrock Group P.O. Box 3157 Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: White-Daters and Associates Tim Daters 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters and Associates AREA: 9.95 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: PCD VARIANCE/WAIVERS: 1. None requested. The applicant submitted a letter to Staff on September 4, 2020 requesting this application be withdrawn, without prejudice. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant submitted a letter to staff September 24, 2020 ITEM NO.: 9 (Cont.) FILE NO.: Z-5096-D on September 4, 2020 requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. 2 September 24, 2020 ITEM NO.: 10 FILE NO.: Z-9530 NAME: Rezoning from AF to R-4 LOCATION: 4920 Frazier Pike DEVELOPER: Jare Doyne 1592 Fox Trace Drive Cordova, TN 38016 OWNER/AUTHORIZED AGENT: Jare Doyne SURVEYOR/ENGINEER: Blew and Associates 3825 N. Shiloh Drive Fayetteville, AR 72703 AREA: 0.31 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 24 CENSUS TRACT: 40.01 CURRENT ZONING: AF VARIANCE/WAIVERS: 1. None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.31 acre property located at 4920 Frazier Pike from “AF” Agriculture and Forestry District to “R-4” Two-Family District. The rezoning is proposed in order to construct one (1) duplex structure on the site. September 24, 2020 ITEM NO.: 10 (Cont.) FILE NO.: Z-9530 B. EXISTING CONDITIONS: A one-story frame single family residence currently exists within the north half of the property. A gravel driveway and parking pad is located on the north side of the residence. The rear yard is currently fenced. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the College Station Progressive League and Apple Blossom Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Frazier Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No Comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full Plan Review. Parks and Recreation: No comments received. County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: 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: 2 September 24, 2020 ITEM NO.: 10 (Cont.) FILE NO.: Z-9530 Curtis Richey at 501.371.4724; crichey@littlerock.gov or Steve Crain at 501-371-4875; scrain@littlerock.gov Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the College Station/Sweet Home Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The application is to change the property from AF (Agriculture and Forestry District) to R-4 (Two-Family Residential District) to allow for the future development of the site. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) in all directions. The Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Master Street Plan: To the north is Frazier Pike and it is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Frazier Pike since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Frazier Pike. A Bike Lane provides a portion of the pavement for the sole use of bicycles. H. ANALYSIS: Jare Doyne, owner of the 0.31 acre property located at 4920 Frazier Pike, is requesting that the property be rezoned from “AF” Agriculture and Forestry District to “R-4” Two-Family District. The rezoning is proposed to allow construction of one (1) duplex structure. The property is comprised of one (1) platted lot; Lot 4, J. E. 3 September 24, 2020 ITEM NO.: 10 (Cont.) FILE NO.: Z-9530 Carden’s Addition. The property currently contains a one-story single family structure which will be removed from the site prior to construction of the duplex structure. The property is located in an area that is primarily zoned AF and R-2. There is a scattering of other zonings in this immediate area; R-4, R-7A and PD-R. Single family residences are located to the east, west and north (across Frazier Pike). A church and construction company are located further east, along the south side of Frazier Pike. An elementary school, daycare center and a small duplex development are located further west. Undeveloped property is located to the south. The City’s Future Land Use Plan designates this property as “RL” Residential Low Density. The requested R-4 zoning does not require a plan amendment. Staff is supportive of the requested R-4 zoning. Staff views the request as reasonable. The proposed R-4 zoning is consistent with the future plan designation of Residential Low Density. The property is made up of almost one- third of an acre. A duplex on this property will represent a density of approximately six (6) units per acre. The proposed R-4 zoning will not be out of character with the overall area. There is an R-4 zoned lot and a group of three (3) duplex structures within three (3) blocks of the subject property. Staff believes rezoning this property to R-4 will have no adverse impact on the adjacent properties or the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item as placed on the Consent Agenda and approved as recommended by staff. The vote as 9 ayes, 0 nays and 2 absent. 4 September 24, 2020 ITEM NO.: 11 FILE NO.: Z-3457-A NAME: Riverwalk Properties Duplexes LOCATION: Southwest corner of 17th and Cumberland Streets DEVELOPER: Riverwalk Properties, LLC P.O. Box 909 Rogers, AR 72757 OWNER/AUTHORIZED AGENT: Riverwalk Properties, LLC P.O. Box 909 Rogers, AR 72757 SURVEYOR/ENGINEER: Thomas Engineering Company 3810 Lookout Road North Little Rock, AR 72216 AREA: 0.344 NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 47 CURRENT ZONING: R-4 (two-family district) VARIANCE/WAIVERS: No variance(s) request submitted with application. STAFF UPDATE: The applicant submitted a letter to staff on August 25, 2020 requesting this application be deferred to the October 29, 2020 agenda. Staff supports the deferral request. September 24, 2020 ITEM NO.: 11 (Cont.) FILE NO.: Z-3457-A PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant submitted a letter to staff on September 23, 2020 requesting this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. 6 September 24, 2020 ITEM NO.: 12 FILE NO.: Z-4933-J NAME: Splash Carwash & Oil Change-Revised PCD LOCATION: 15707 Chenal Parkway DEVELOPER: Bradford Gaines, PLA Collier International 1 Allied Drive #1500 Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Tierpoint Hosted Solutions, LLC (George Dunklin Jr, Managing Partner) SURVEYOR/ENGINEER: Phillip Lewis Engineering, Inc. 23260 Interstate 30 Bryant, AR 72022 AREA: 3.03 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 18 CENSUS TRACT: 42.18 CURRENT ZONING: PCD, Planned Commercial Development VARIANCE/WAIVERS: None requested. BACKGROUND: On December 10, 2010, the Planning Commission voted 9 ayes, 0 noes, 0 absent, and 2 open positions to recommend approval of the request to revise current PCD Planned Commercial Development. On January 18, 2011, the Board of Directors adopted Ordinance No. 20,383 revising the previously approved Planned Commercial Development as recommended by the Planning Commission. The approval allowed the creation of three (3) lots within the existing parcel and established the allowed uses for Amusement, Commercial and the permitted uses within the C-3 zoning district. The subject property contained 3.03 acres, which was the result September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J of combining Lots 1B and 1C. The Altitude Trampoline Park commercial development contained a 35,705 square foot facility existing on Lot 1B. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the existing PCD Planned Commercial Development to redevelop the property for a carwash and oil change complex. The proposed plan entails converting the former trampoline park into an indoor carwash facility and developing an oil and lube center at the corner of Kanis Road and Wellington Hills Parkway. As provided by the applicant, “the owner of Splash Carwash has a long track record of owning and operating first class carwash and oil centers across Central Arkansas with the following highlights regarding the proposed plan: · Two tunnel wash systems inside of the building · Two detail areas inside of the building · Indoor vacuum areas for Premier Members · Convenient outdoor vacuums · Multiple stacking lanes and kiosks to serve customers and to control traffic flow · Three-bay Oil-Lube Facility · Modern Architectural Styling The new carwash and oil center will create 40 new jobs for Little Rock. The facility’s operating hours will be 8:00 am to 9:00 pm, Monday through Sunday. During all hours of operations, there will be staff at the facility.” B. EXISTING CONDITIONS: The site is the former Altitude Trampoline Park. To the east of the property is Wellington Hills Road and across the right-of-way is Kum & Go Gas Station currently zoned PCD, Planned Commercial Development. Chenal Parkway is constructed to the Master Street Plan standard with a sidewalk located along the property. South of the site across Kanis Road are several properties currently zoned PCD, Planned Commercial Development. To the north of the site are the following Planned Commercial Developments: Walgreens, Arby’s, and Christian Brothers Automotive Repairs. Other surrounding uses in the area include commercial and office uses. 2 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site; and Parkway Place POA, The Villages of Wellington Community Association, Citizens of West Pulaski County Neighborhood Association, and Kanis Creek POA were notified of public hearing. D. ENGINEERING COMMENTS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline will be required. 2. Dedication of right-of-way on Kanis Road to the back of the sidewalk will be required. 3. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. 4. Damage to public and private property due to hauling operations of construction-related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. In accordance with Section 32.8, no obstruction to visibility such as signage shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersections. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer available to this site. EAD Analysis Required. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full Plan Review. Parks and Recreation: No comments received. 3 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J County Planning: No Comments. F. BUILDING CODES/LANDSCAPE: Building Code: 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 or Steve Crain at 501-371-4875; scrain@littlerock.gov Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the Chenal/Financial Center Design Overlay District. 2. Any new redevelopment or design of existing parking or vehicular use areas are required to meet current zoning and landscape code specifications. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 4. Screening requirements will need to be met for the vehicular use areas adjacent to street rights-of-way. 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. Any missing plant materials previously used to meet code requirements will need to be replaced. Existing plant materials can be used to meet requirements if noted to remain on the site plan and protected during construction. A landscape plan indicating existing and proposed plant materials will be required before a building permit can be issued. 5. All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet no to exceed eight (8) feet total height. 4 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J 6. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit towards fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Commercial (C) for the requested area. Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The application is to a revision to an existing PCD (Planned Commercial Development) District to allow the development of a carwash and oil change facility. The site is within the Chenal Design Overlay District. Surrounding the application area, the Land Use Plan shows Commercial (C) to the east, west and north. Park/Open Space is shown to the south across Kanis Road. Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land (Rock Creek). Master Street Plan: To the north is Chenal Parkway and it is shown as a Principal Arterial on the Master Street Plan. To the east is Wellington Hills Road and south is Kanis Road; they are both shown as Minor Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Wellington Hills Road and Kanis Road since they both are a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 5 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J Bicycle Plan: There is a Class I Bike Path is shown along Chenal Parkway. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). ANALYSIS: The applicant proposes to revise the existing PCD Planned Commercial Development zoning for the property at 15707 Chenal Parkway. The property is located at southwest corner of Chenal Parkway and Wellington Hills Road. Kanis Road is located along the south property line. The existing building was previously approved for use as a trampoline park, with C-3 permitted uses as alternate uses. The site is located within the Chenal/Financial Center Design Overlay District. The applicant proposes to redevelop the property as a carwash and oil change complex. The existing building will be utilized as a two (2) tunnel carwash system, a two (2) lane detail area, indoor vacuum spaces, customer waiting area and office space. Access to the tunnel carwash and detail areas will be at the southwest corner of the building. Access to the indoor vacuum spaces will be at the northeast corner of the building. Outdoor vacuum areas will be located within the existing paved parking area on the north side of the building. The applicant notes that the existing building will be remodeled with “modern architectural styling.” The applicant is also proposing to construct a 2,005 square foot building within the south one-quarter of the property to serve as an oil change facility. The applicant is proposing to subdivide the property in order to have the oil change facility on a separate lot. The oil change building will be a three (3) bay facility. Access to the carwash and oil change facilities will be via an existing driveway from Wellington Hills Road, within the south half of the property. There will be three (3) drive lanes, widening to four (4) pay kiosks, for the tunnel carwash. A driveway from the main drive will access the three (3) bay oil change building. Cross-access will exist between the carwash and oil change facilities. There is also existing cross-access between this property and the property immediately to the west. Adequate parking exists on the site to serve the proposed use. The applicant is proposing two (2) dumpsters on the site; one (1) each for the carwash and oil change facilities. The dumpsters will be located within the rear (south) portion of the site. Section 36-523(d) of the City’s Zoning Ordinance requires that dumpster areas be screened by an opaque fence or wall which exceeds the height of the dumpster by at least two (2) feet, not to exceed eight (8) feet in total height. 6 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J The applicant is also proposing several new exterior light poles throughout the site. Section 36-349 (d) (2) of the code requires the following for lighting/utilities within the Chenal/Financial Center Design Overlay District: “(2) Lighting and utilities. Parking lot lighting shall be designed and located in such a manner so as not to disturb the scenic appearance of the corridor. Lighting will be directed to the parking areas and not reflected to adjacent parcels. All lighting and other utilities on lots adjacent to Chenal/Financial Center Parkway which are located in front of the rear line of the building, or in front of the rear line of the building if such lighting and utilities were constructed prior to building construction, shall be underground. Notwithstanding the foregoing limitation, no overhead utilities shall be constructed within one hundred (100) feet of the Chenal/Financial Center Parkway right-of-way.” The Chenal/Financial Center Design Overlay District also regulates commercial signage as follows: “(1) Signage. Signage shall comply with the Little Rock Sign Ordinance, except for ground mounted signs. The maximum size of principal site signs along Chenal/Financial Center Parkway shall be one hundred (100) square feet in area and eight (8) feet in height. Each landowner will be permitted to erect one (1) sign per parcel, except for parcels fronting on two (2) different streets upon which one (1) per street frontage may be erected. The signs will be "monument" type signs.” The applicant is proposing a new ground-mounted sign along the Chenal Parkway property frontage. The sign will comply with the DOD standards, as it will have a height of eight (8) feet and an area of 96 square feet. There is also an existing monument-style ground sign at the southeast corner of the site. This sign also appears to conform with the DOD standards, and will be on the oil change facility parcel. To staff’s knowledge there are no outstanding issues associated with this application. Staff is supportive of the requested Revised PCD zoning. Staff views the request as reasonable. The applicant is requesting no variances with the proposed re-development plan. The proposal represents a continuation of the zoning and 7 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J use pattern along this section of Chenal Parkway. The proposed use will not be out of character with other uses in the area. There are other “C-4” type uses in the area; auto repair, mini-warehouse, carwash, etc. Staff believes that the proposed carwash and oil change facilities will have no adverse impact on the general area and represents a quality re-development plan for this property. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD zoning, subject to compliance with the comments and conditions outlined in paragraphs D, E and F, and the Staff Analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present. There were no persons present registered in support or opposition. Staff petition the Commission for a Waiver of Bylaws per Article V. (E)(13) of the Bylaws of Little Rock Planning Commission for the Supplemental Notice of Zoning Site Plan Review and Subdivision Site Plan Review, Article IV (5), which requires the applicant to submit proof that at least a fifteen (15) day-notice of the Commission’s hearing has been given to all property owners within two hundred (200) feet of any tract for which an application has been filed. Staff explained that the first notice form had an incorrect date of September 17, 2020. Upon discovery, the applicant sent a 2nd notice registered express next-day mail to all required property owners. Since there were no comments received by staff on the first or second notice, Staff asked the Commission to waive the bylaws and to accept notification as completed by the applicant. Staff supports the Bylaw Waiver. The applicant stated that he was notified by staff on September 16, 2020 of the incorrect date on the first notice. The following day, the applicant used overnight mail to distribute the revised notice and a letter of explanation to all required property owners. Due to the importance of timing, the applicant asked the Commission to waive the bylaws with consideration of placing the item on the Consent Agenda. The Commission inquired about the number of votes needed to waive the bylaws. Deputy City Attorney Latimer confirmed a ¾ majority vote or six (6) votes. The Commission asked the number of property owners required to be notified. The applicant stated that fourteen (14) property owners were notified and there have been no calls or questions regarding the proposed development. The Commission inquired the item was placed on a previous meeting agenda or if this was a result of a clerical error. Staff stated that the item’s original meeting agenda was cancelled in March 2020 adding that the public notice and legal ad contained the correct information. In addition, the public notice sign was posted by the required date. 8 September 24, 2020 ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J Commissioner Rahman inquired if the staff received any correspondence regarding the erroneous notice and if there were any person present to object. The staff commented that no call or correspondence has been received. It was also confirmed that no one was registered in attendance. There was a motion to grant the Waiver of Bylaws and to move the item to the Consent Agenda as requested by staff. The motion was seconded. The vote was 9 ayes, 0 nays and 2 absent. Once approved for the Consent Agenda, staff presented the item and a recommendation for approval as outlined in the “staff recommendation” above. There was no further discussion. The item was approved as recommended by staff, including all staff comments and conditions. The vote was 9 ayes, 0 nays and 2 absent. 9 September 24, 2020 ITEM NO.: 13 FILE NO.: Z-8089-A NAME: Butler Minor Auto Repair- PCD LOCATION: 12601 Alexander Road DEVELOPER: Jerry Butler 5905 Pierce Manse Loop Benton, AR 72019 OWNER/AUTHORIZED AGENT: Jerry Butler P.O. Box 753 Mabelvale, AR 72103 SURVEYOR/ENGINEER: Marion S. Foster Arkansas Surveying & Consulting 1926 Salem Road Benton, AR 72019 AREA: 5.06 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 41.04 CURRENT ZONING: PD-I (Planned Development-Industrial) and R-2 (Single-family) VARIANCE/WAIVERS: None requested. BACKGROUND: September 2006 Ordinance No. 19,615 was passed by the Board of Directors of the City of Little Rock approving planned zoning development and establishing a Planned Industrial District titled Accurate Boring Company Short-form PD-I. The proposal included September 24, 2020 ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A rezoning 1.010 acres of the site from R-2 (single-family) to PD-I (Planned Industrial District) to recognize an existing contractor’s office and storage yard. The remainder of the property remained R-2 (Single-family). The site contains an existing single-family residence and two (2) commercial buildings located along the rear portion of the site with limited visibility from Alexander Road. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Applicant is proposing rezoning the entire 5.06 acre site from R-2 (Single- family)/PD-I (Planned Industrial District) to a PCD (Planned Commercial District) for use of the existing commercial building as an automotive repair work shop with the addition of one (1) bay door to the existing shop. A thirty-foot (30) awning will be installed on the repair shop covering a newly poured concrete slab. The applicant is also proposing to demolish the residential building and add four (4) twenty-foot by eight-foot metal storage containers with awnings in between to provide storage for the business located on the south portion of the property. New fencing will be installed around the perimeter of main workshop and storage area. B. EXISTING CONDITIONS: A gravel driveway provides access to the property from Alexander Road. The property is currently developed and contains one (1) residential building on north portion of the site. On the south portion of the site lies two (2) commercial buildings in combination with a gravel lot. The commercial buildings and gravel lot have an existing fence around their perimeter. The area surrounding the property consists of residential buildings to the north and east of the site. To the west of the site lies a Planned Industrial Development (Wilbert Concrete Vault Co.). To the south lies a Planned Residential District and additional R-2 (single-family) property. The overall area contains a mixture of single-family, commercial and light industrial uses and zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200-feet of the site along with the Alexander Road Neighborhood Association and Southwest LR United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Alexander Road is classified on the Master Street Plan as a minor arterial. Dedication of right-of-way 45 feet from centerline will be required. 2. With future site development or expansion, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5-foot sidewalks with planned development. 2 September 24, 2020 ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A 3. Is the eastern paved driveway located within an access easement? 4. A concrete driveway apron should be constructed for at least 10 ft. in length on the west driveway from the edge of pavement of Alexander Road. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer main extension required with easements if new sewer service is required for the south part of Lot 1 on this project. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: No comments received. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Otter Creek Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for the requested area. Mixed Office Commercial provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. The application is to change an area from R-2 (Single Family District) and PDI (Planned Development Industrial) District to PCD (Planned Commercial Development) District to allow for expansion of the non-residential use on the site. 3 September 24, 2020 ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A Surrounding the application area, the Land Use Plan shows Mixed Office Commercial (MOC) to the east and west of the application area. To the north, across Alexander Road is shown as Residential Low Density (RL) while to the south Residential Medium Density (RM) is shown. Mixed Office Commercial provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. The Residential Low Density category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. Master Street Plan: To the north is Alexander Road and it is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Alexander Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Alexander Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. ANALYSIS: The applicant requests to rezone the property located at 12601 Alexander Road from “R-2” Single Family District and “PD-I” Planned Industrial District to “PCD” Planned Commercial District to allow an existing commercial building to be used as a minor auto repair business. The property is comprised of 5.06 acres. Slightly over one (1) acre of the property, at the southwest corner of the overall site, was previously zoned PD-I for a contractor maintenance yard type use (Accurate Boring Company). The light industrial use operated from an existing 4,000 square foot commercial building. There is also a smaller commercial building (approximately 400 square feet) on the south side of the larger building. A small single family residence is located within the north portion of the overall site. This structure will be removed from the property. 4 September 24, 2020 ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A The applicant proposes to operate a minor auto repair business within the larger commercial building. A 30 foot wide awning addition is proposed to the front (east side) of the existing building. The minor auto repair will consist of tires, brakes, oil changes, alternator/water pump replacement, etc. The applicant also proposes to place four (4) eight (8) foot by 20 foot storage containers south of the existing commercial building. The storage containers will be located 25 feet back from the rear (south) property line. There will be an awning between the containers. The containers will be used for storage for the business to include property maintenance equipment. The proposed auto repair business will have hours of operation of 8:00 a.m. to 5:00 p.m., Monday through Friday. The rear half of the property will be enclosed with existing and proposed fencing. There is an existing gravel driveway from Alexander Road which serves as access to the site. The gravel drive extends to the commercial building near the southwest corner of the site. There is existing gravel parking on the east side of the building. The applicant proposes to use and maintain the existing gravel areas. The applicant notes that there will be a four (4) yard dumpster on the site. The dumpster will be screened as per ordinance requirements. The applicant is also proposing a ground sign on the property along the Alexander Road frontage. The sign will be 24 square feet in area and eight (8) feet tall. The applicant does have a consent towing permit as part of the auto repair business. Towing will be only for vehicles being serviced and repaired. There will be no vehicle storage/ impound lot on the property. To staff’s knowledge, there are no outstanding issues associated with this application. Staff is supportive of the requested PCD zoning to allow use of the existing commercial building for a minor auto repair business. Staff views the request as reasonable. The existing commercial building was previously used for a more intense light industrial type use. The property is located in an area containing a mixture of industrial, light industrial, commercial and residential uses and zoning. The Wilbert Concrete Vault Company is located on the five (5) acre, PID zoned property immediately west of the subject property. There is other industrial, light industrial and commercial zoning and uses to the north and northeast, along Vimy Ridge Road and Alexander Road. There are single family residences on larger lots to the east and on the north side of Alexander Road. There is a smaller lot residential development to the south. The City’s Future Land Use Plan designates this property as “MOC” Mixed Office Commercial. The proposed minor auto repair use should prove to be a less intense use of the site as the previous contractor maintenance yard use. Staff believes the proposed PCD zoning and use of the property will have no adverse impact on the adjacent properties or the general area. 5 September 24, 2020 ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A STAFF RECOMMENDATION: Staff recommends approval of the requested PCD zoning, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was present. There were no persons present registered in support or opposition. 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 nays and 2 absent. 6 September 24, 2020 ITEM NO.: 14 FILE NO.: Z-9529 NAME: Syed Ali – Planned Residential Development PRD LOCATION: 7520 North Chicot Road DEVELOPER: N/A OWNER/AUTHORIZED AGENT: Syed Ali, Owner SURVEYOR/ENGINEER: Hall Engineering Group, LTD P.O. Box 241302 Little Rock, AR 72223 AREA: 0.57 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.03 CURRENT ZONING: R-2, Single-Family District VARIANCE/WAIVERS: 1. 2. 3. STAFF UPDATE: The applicant submitted a letter to Staff on September 8, 2020 requesting this application be deferred to the October 29, 2020 agenda. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant submitted a letter to Staff September 24, 2020 ITEM NO.: 14 (Cont.) FILE NO.: Z-9529 on September 8, 2020 requesting this application be deferred to the October 29, 2020 Agenda. Staff supported the deferral request. The item as placed on the Consent Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. 2 September 24, 2020 ITEM NO.: 15 FILE NO.: LA-0056-B NAME: Colonel Glenn – Lawson Road Advanced Grading Variance LOCATION: North side of Colonel Glenn Road at Lawson Road APPLICANT: Bowman Plaza Lot 4 LLC APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 6.5 acres CURRENT ZONING: Planned Commercial Development (PCD) VARIANCES/WAIVERS REQUESTED: The renewal of a previously approved variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 6.5 acres. A. PROPOSAL/REQUEST: Applicant is requesting the renewal of a variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 6.5 acres on the northside of Colonel Glenn Road. Previous approvals were granted by the Planning Commission on October 3, 2013 and again on January 5, 2016. A grading permit was issued for excavation to begin on March 2, 2017 and excavation has continued. A renewal of the previously approved variance to advance grade is being requested to occur on the subject property located on the north side of Colonel Glenn Road at the Colonel Glenn Road/Lawson Road intersection approximately 0.5 miles west of I-430. The variance would allow staff to re-issue a grading permit for the advance grading activities to continue without imminent construction. Cut material is proposed to be removed from the site and taken to nearby construction sites. B. EXISTING CONDITIONS: The 6.5 acre area was originally hilly with dense trees. Currently all the trees have been removed except for those within the undisturbed buffer. The subject property is zoned Planned Commercial Development (PCD). The subject property is located within the Little Rock city limits with the western property line is on the city limits line. Advanced grading was approved for the subject property On October 3, 2013 and renewed on January 5, 2016. Advance grading activities have occurred on site since March 2, 2017. The southern portion of the property is proposed to be used to realign Colonel Glenn Road to the north and reduce the street curvature. September 24, 2020 ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B East of the subject property is a developed property zoned planned office development with office and warehouse uses. West of the subject property is an undeveloped property outside of the Little Rock city limits zoned R-2. South of the subject property is Colonel Glenn Road. South of Colonel Glenn Road, east of Lawson Road is a grocery store on property zoned R-2. South of Colonel Glenn Road, west of Lawson Road is Kinco Contractors. The property is zoned planned commercial development. In addition to Kinco Contractors, there is a volunteer fire station on property zoned R-2. North of the subject property is R-2 zoned properties. One property on the north is used as a mobile home park. The other property is undeveloped. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Also, at the time of writing, staff has received one (1) telephone call from the owner of the grocery store on the southside of Colonel Glenn Road complaining of runoff and sediment being deposited on his property from the site. D. ENGINEERING COMMENTS: 1. The expired grading permit in accordance with section 29-186 (c) & (d) will be required to be renewed and erosion and sediment controls reworked as needed prior to any land clearing or grading activities at the site. Staff will re- inspect the site prior to permit renewal. 2. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 3. 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. 4. 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. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Plans shows a screening berm. 7. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. Access is shown on plan. 2 September 24, 2020 ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B 8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 9. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 11. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 12. The application fee of $75 is due for payment to CLR Public Works Dept. Deliver payment to Vince Floriani. 13. Obtain a sign from CLR Public Works Dept. Vince Floriani to post at the site viewable by the public. 14. Several water quality complaints have been received from adjacent property owners. The existing erosion and sediment controls must be maintained and reworked as needed to reduce sediment loss to the maximum extent practicable. A diversion ditch should be constructed on the northside of Colonel Glenn Road to the existing ditches and the existing ditching cleaned. E. PLANNING STAFF COMMENTS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. 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. 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. Screening requirements will need to be met adjacent to the north residential zoned property. Surveyor to mark and place protective fencing adjacent to the residential buffer before any site work begins. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance 3 September 24, 2020 ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B requirements can be given when preserving trees of six (6) inch caliper or larger. F. ANALYSIS: The applicant is proposing to continue to clear and grade approximately 6.5 acres. Fill material will be cut from the subject property and trucked to nearby construction sites. A grading permit is required to be obtained for the nearby construction site prior to land alteration activities. Previous variance approvals were granted by the Planning Commission on October 3, 2013 and January 5, 2016. A grading permit was issued on March 2, 2017 and excavation has occurred since that issuance date. Gravel construction entrances is located off Colonel Glenn Road. The proposed grading plan shows a maximum 32 ft. cut to occur on the subject property. The applicant has agreed that grading will occur expeditiously, and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of topsoil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant will provide a 50 ft. undisturbed buffer measured from the west and north property line. The area adjacent to Colonel Glenn Road will be graded and cleared. A berm will be installed along Colonel Glenn Road. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. The area adjacent to the east property line will be graded and cleared to the property line. A berm will be installed along the east property line. The berm will be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and vegetated with native grasses. The berm will be constructed to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. Orange fencing will be installed along all undisturbed buffers to prevent entry. 4 September 24, 2020 ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B G. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to paragraph D and E, the variance request is subject to compliance with the following condition: 1. A 50 ft. undisturbed buffer should be maintained along the western and northern property lines; 2. A berm will be constructed adjacent to Colonel Glenn Road to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 3. A berm will be constructed adjacent to the east property line to a height sufficient to provide visual screening of the completed area from adjacent properties and streets. 4. The existing erosion and sediment controls must be maintained and reworked as needed to reduce sediment loss to the maximum extent practicable. A diversion ditch should be constructed on the northside of Colonel Glenn Road to the existing ditches. Existing sediment and debris in the ditch and offsite sediment deposits should be removed. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. 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 nays and 2 absent. 5 September 24, 2020 ITEM NO.: 16 FILE NO.: LA-0088 NAME: 15122 Cantrell Road Advance Grading Variance LOCATION: 15122 Cantrell Road, NE corner of Cantrell Rd and Rummel Rd Intersection APPLICANT: John Rees APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E., Holloway Engineering AREA: Approximately 3 acres CURRENT ZONING: Planned Development Office (PD-O) VARIANCES/WAIVERS REQUESTED: Variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 3 acres. A. PROPOSAL/REQUEST: The applicant is requesting the approval of a variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 3 acres northeast of the Cantrell Road and Rummel Road intersection located at 15122 Cantrell Road. The variance would allow staff to issue a grading permit for the advance grading activities to commence without imminent construction. The current grading and drainage plan was prepared in consideration of future development of the subject property. The cut material from the subject property will be hauled to the recently approved car wash development at 7706 Cantrell Road which is owned by the applicant. B. EXISTING CONDITIONS: The approximate 3 acre property is undeveloped with dense tree cover in areas and slopes generally to the south. The subject property has not trees where buildings and parking areas were located from the past office development. The subject property is zoned Planned Development Office (PD-O). A 3 restaurant PCD application for this property was recently denied by the City of Little Rock Board of Directors. The subject property is located within the Little Rock city limits. East of the subject property is a newly constructed Taziki’s restaurant on property zoned Planned Development Commercial (PD-C). West of the subject property is Rummel Road. West of Rummel Road are developed and undeveloped properties zoned R2 single family with 1 residence at September 24, 2020 ITEM NO.: 16 (Cont.) FILE NO.: LA-0088 15621 Sorrells Road. North of the subject property is a large 43 acre undeveloped tract zoned R2 single family. South of the subject property is Cantrell Road. South of Cantrell Road are 2 residential developed properties zoned R2 single family within the Westchester Subdivision. Also, south of Cantrell Road is an unplatted 1.8 acre parcel zoned PD-O and R2 single family with 1 residential structure and the Happy Days Groom and Board facility. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has not received any inquiries into the application. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Storm water detention ordinance applies to this property. Show the proposed location for temporary stormwater detention facilities on the grading plan. 3. 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. 4. 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. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strip of trees or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties showing the constructed berm as an elevation to obstruct view of the advance graded area for review by the Planning Commission. 7. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 8. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 2 September 24, 2020 ITEM NO.: 16 (Cont.) FILE NO.: LA-0088 9. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 10. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 11. Is the retaining wall proposed to be constructed with the advance grading? 12. Obtain a sign from Vince Floriani to post at the site viewable by the public. 13. The application fee of $65.00 is due for payment to CLR Public Works Dept. Deliver payment to Vince Floriani. E. PLANNING STAFF COMMENTS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 2. 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. 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. Screening requirements will need to be met adjacent to the north residential zoned property. Surveyor to mark and place protective fencing adjacent to the residential buffer before any site work begins. 3. 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. F. ANALYSIS: The applicant has agreed that grading will occur expeditiously and the site will be stabilized within 1 year of the issuance of the grading permit. Grading activities will commence just prior to or simultaneously with the construction of a recently approved car wash at 7706 Cantrell Road. Cut material will be hauled to the car wash site via Rummel Road to Cantrell Road. A gravel construction entrance will be provided off Rummel Road to reduce tracking onto public streets. Any damage 3 September 24, 2020 ITEM NO.: 16 (Cont.) FILE NO.: LA-0088 to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the temporary detention facilities shown on the plan. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. When vegetation is established, the erosion control devices can then be removed. Section 29-197(4) of City code states the proposed plan shall provide for visual screening of the graded area by providing undisturbed perimeter buffer strips and earthen berms. The applicant proposes to construct a 4 ft tall earthen berm adjacent to Cantrell Road and Rummel Road however, all trees will be removed. To the east, all trees will be removed and no earthen berm constructed. To the north, a 14 ft. wide undisturbed buffer strip will be provided. Cantrell Road at this location is in the design overlay district establishing Highway 10 as a scenic corridor. Approximately 35,000 vehicles drive by this property daily. Sec. 36-343 states the purpose of the Highway 10 Scenic Corridor district is to protect and enhance the aesthetic and visual character of the lands surrounding Highway 10. In particular, the purposes of this district are to protect and enhance the scenic quality of the Highway 10 corridor by providing for sensitive developments which will maximize the natural foliage and terrain while also providing planted buffer and landscaped areas. The City’s Land Alteration Regulations as found in Sec. 29-167 were adopted due to concerns by residents, members of the Planning Commission and members of the Board over the indiscriminate removal of trees, vegetation, fill and excavation of properties that were then left undeveloped for years afterward. The current regulations were adopted for the purpose of prohibiting the indiscriminate clearing of property; excessive grading, clearing, filling, cutting or similar activities and to preserve natural vegetation which enhances the quality of life of the community; and to preserve the contours of the natural landscape and land form. G. RECOMMENDATION: Staff recommends denial of the advance grading variance as proposed by the applicant. Except the north 14 feet, there are no undisturbed natural buffer strips proposed and a 4’ berm will do little to obscure the hill-side cut. The recent rezoning request has been denied by the Board. The property is in the Highway 10 Scenic Corridor District and there is no proposal at this time to develop the property as currently zoned for a planned office development. Staff recommends that no grading occur on the site until plans are in place and ready to proceed for the future development of this site. 4 September 24, 2020 ITEM NO.: 16 (Cont.) FILE NO.: LA-0088 H. PLANNING COMMISSION ACTION: September 24, 2020 The application was introduced by Mike Hood of Public Works staff. Jess Griffin and John Rees, the applicant, explained the owner would like to use the soil from this site for fill for the proposed car wash project at 7706 Cantrell Road. Mr. Rees pledged to make this site as esthetically pleasing as other developments he has completed in the City. Ruth Bell from the League of Women Voters expressed opposition of the proposal, stating the need to preserve Highway 10 to provide an attractive entrance to the City bears more importance to the residents than the proposal. An area resident, Jimmy Brown, also expressed opposition against the application citing three issues: the site will be unattractive at the completion and does not follow the Highway 10 Scenic Corridor overlay; drainage issues will arise from the grading of the site; and his opposition to the construction driveway off Rummel Road. Mr. Brown asked the proposal be denied until further plans of development of the site was submitted to the City. Monte Moore from City staff confirmed, it will take six (6) positive votes for approval of the application. A motion was made and seconded to approve the advance grading variance application. The vote was announced with 6 ayes, 2 noes, and 3 absent. Staff questioned Chairman Paul Latture on his vote. Mr. Latture confirmed his negative (“no”) vote. Mr. Moore retallied the count and announced the motion failed with a vote of 5 ayes, 3 noes, and 3 absent. 5 September 24, 2020 ITEM NO.: 17 FILE NO.: LA-0089 NAME: Parkland Heights Advanced Grading Variance LOCATION: East side of Chenonceau Boulevard, North of Highway 10 APPLICANT: Dr. Shabbir Dharamsey APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E. AREA: Approximately 0.9 acres CURRENT ZONING: O1 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 0.9 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 0.9 acre property north of Highway 10 and on the east side of Chenonceau Blvd. The area is directly north of the tributary to the Little Maumelle River. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be hauled to this site from a nearby construction project. The filled area will slope to the natural grade at no steeper than 3:1. The applicant proposes to clear and fill the portion of the property located in the 100-year floodplain identified on the plan and leave out of grading the area located in the 100-year floodway. B. EXISTING CONDITIONS: The 0.9 acre property zoned O1 is undeveloped and tree covered. The property is accessed from Chenonceau Boulevard solely on the West. No additional driveway access is available. The property slopes to the east and south. On the south, the subject property is bordered by a tributary of the Little Maumelle River which has mapped 100-year floodplain and floodway. West and north of the subject property is bounded by Chenonceau Boulevard. West of Chenonceau Boulevard is the Parkland Heights Addition, developed into Stonebridge Apartments and zoned MF18. South of the tributary is a grass covered, undeveloped area, zoned PCD which is part of Ranch Properties. East of the subject property are single-family patio homes on property zoned PD-R. September 24, 2020 ITEM NO.: 17 (Cont.) FILE NO.: LA-0089 C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has received no inquiries into the application from the public. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. A special Grading Permit for Flood Hazard Areas will be required to be obtained per Sec. 8-283 prior to construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the grading plan. 4. 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. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft. where the subject property is adjacent to other properties. In no event shall these buffers be less than the width of the permanent buffers required for the development. The maximum buffer width shall not exceed 100 ft. All buffers required in conjunction with an advanced grading project shall be considered temporary and shall be maintained until the property is developed. 7. Construction access points should be shown on the grading plan. A curved or angled road design should be provided to limit the visibility of the interior grading work from adjacent streets. Access location is shown. 8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 2 September 24, 2020 ITEM NO.: 17 (Cont.) FILE NO.: LA-0089 9. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 11. Per Sec. 29-197(13), maintenance for the 2year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the advanced graded area. E. PLANNING STAFF COMMENTS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 2. 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. 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. Screening requirements will need to be met adjacent to the east residential zoned property. Surveyor to mark and place protective fencing adjacent to the residential buffer before any site work or fill operations begins. 3. 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. F. ANALYSIS: The applicant responded to the comments found in Sections D and E. The applicant proposes to fill the tree covered 0.9 acre property by hauling fill dirt from the Hampton Astoria Apartments currently under construction on Chenal Valley Drive. Portions of the property are out and within the 100-year floodplain. Floodway area is located in the southern part of the property near the tributary. Access is proposed from a gravel vehicle tracking pad from Chenonceau Boulevard on the west side of the subject property out of the floodway. 3 September 24, 2020 ITEM NO.: 17 (Cont.) FILE NO.: LA-0089 The proposed 0.9 acre filling operation will occur on the property but outside of the regulatory floodway. The applicant has agreed that grading will occur expeditiously, and the fill activities will be complete and the subject property stabilized within 1 year of the issuance of the grading permit. The applicant has provided an erosion control plan showing silt fence and other erosion controls. A grading plan was also provided showing the 0.9 acre property to be filled with an average depth of 5 to 6 ft. Maintenance of erosion controls and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of topsoil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. A 4 ft. tall earthen berm is proposed to be constructed adjacent to Chenonceau Blvd. to obstruct views of the advance graded area. The remaining trees within the floodway will provide a sufficient undisturbed buffer strip of natural trees to obstruct views. No undisturbed buffer strip or berm is proposed to be constructed along the east property due to both properties having the same owner. G. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D and E of the agenda staff report. In addition to comments in paragraph D, the variance request is subject to compliance with the following conditions: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 2. A Special Flood Hazard Development permit will be obtained prior to issuance of a grading permit. 3. Orange fencing will be installed along all undisturbed buffers and floodway to prevent entry prior to beginning tree removal. 4. Erosion and sediment controls are required to be installed and maintained during the clearing and filling activities. 5. All trees within the area to be advance graded will be removed prior to commencing filling activities. 4 September 24, 2020 ITEM NO.: 17 (Cont.) FILE NO.: LA-0089 PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. 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 nays and 2 absent. 5 � J_ J PLANNING COMMISSION VOTE RECORD DATE '¾2T�wa.,L 1-� Z.02-o �'I (�.J� _.,,,,,.,,,.. MEMBER 1-i--3 5" 4 l( B s BERRY, CRAIG A BETTON, HAROLD MD ✓ BROCK, THOMAS L. A BROOKS, DERICK ✓ HAMILTON, SCOTT ✓ HART, TODD ✓ ,.,,..!' HAYNES, MARLON D. ✓ � LATTURE, PAUL ✓ �/ RAHMAN, ROBBIN S. ✓ / / THOMAS, DIANA M. ✓/ V VOGEL, ROBBY ✓ / MEMBER A z, lf' In lb BERRY, CRAIG A BETTON, HAROLD MD ✓✓ ✓•vBROCK, THOMAS L. A BROOKS, DERICK ✓V ✓•✓HAMILTON, SCOTT •v ✓ A AHART, TODD •v ✓✓ ✓ HAYNES, MARLON D. ✓v v ✓ VLATTURE, PAUL •✓✓ ✓, RAHMAN, ROBBIN S. ✓✓ ✓ V •THOMAS, DIANA M. •✓✓ • • VOGEL, ROBBY •✓•• ✓ LAY E • NAVE ..d_ABSENT 1.ABSTAIN &_RECUSE tLf 1 A .. �-D / ., Ii?\ � \ I 7 /0 ,,, ,, 15 17 _ ,/ / V h,.-1 / V tW [/ ,/ "' ��\ ,., 1/ � V -i..V Meeting Adjourned h .' fp P.M. September 24, 2020 There being no further business before the Commission, the meeting was adjourned at 6:40 p.m. Date Chairman Secretary