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pc_12 03 2020
LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD DECEMBER 3, 2020 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Craig Berry Harold Betton Derick Brooks Scott D. Hamilton Todd Hart Marlon D. Haynes Robbin Rahman Diana M. Thomas Michael Vickers Robby Vogel Members Absent: Thomas L. Brock City Attorney: Shawn Overton III. Approval of the Minutes of the October 29, 2020 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA DECEMBER 3, 2020 OLD BUSINESS: Item Number: File Number: Title: A. Z-2502-F New Africa Development Revised PCD and Partial PCD Revocation South side of West 40th Street, between Whitfield and Potter Streets B. S-1880 Woodlands Park – Preliminary Plat East side of Woodlands Trail, South of Kanis Road C. Z-9535 Taylor Loop Creek Office – POD 16100 Cantrell Road D. Discussion of Land Use Review Central Area (I-630 to I-430 to Railroad) NEW BUSINESS: Item Number: File Number: Title: 1. S-1882 The Grove at Old Oak – Preliminary Plat Northeast end of Old Oak Drive, West of Black Street 2. S-1313-SS Woodlands Edge Blocks 32 and 33 – Time Extension Request South of the existing Woodlands Edge Development 3. A-338 Hastings Annexation Located along and South side of Cooper Orbit Road, West and South of the Cooper Orbit – Kirby Road – Kanis Road intersection Agenda Page, Two NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 4. Z-7091-A Rezoning from PRD to R-5 North end of Brookside Drive, East of Reservoir Road 5. Z-9543 Friendship Aspire Academy, Garland Campus – Conditional Use Permit 3523 West 24th Street 6. Z-4517-A La Arandas Taqueria Private Club – PCD 4721 Baseline Road 7. Z-9544 Gray Duplex – Conditional Use Permit 8401 West 36th Street 8. Z-9545 Baker Healthcare – PCD 202 South Rodney Parham Road 9. Z-6274-D Ahern Rentals – Revised PCD 9110 Interstate 30 10. Z-9546 Rezoning from R-3 to O-1 1000/1100 blocks of Jonesboro Drive – East side 11. Discussion of process for Extra-Territorial Zoning Implementation December 3, 2020 ITEM NO.: A FILE NO.: Z-2502-F NAME: New Africa Development Revised PCD and Partial PCD Revocation LOCATION: South side of West 40th Street, between Whitfield and Potter Street DEVELOPER: Islamic Center for Human Excellence 1717 Wright Avenue Little Rock, AR 72202 OWNER/AUTHORIZED AGENT: Islamic Center for Human Excellence SURVEYOR/ENGINEER: ETC Engineers 1510 Broadway Street Little Rock, AR 72202 AREA: 3.03 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.06 CURRENT ZONING: PCD, Planned Commercial Development VARIANCE/WAIVERS: None requested. BACKGROUND: On October 5, 1971, by the adoption of Ordinance No. 12, 547, the Little Rock Board of Directors rezoned 12.15 acres from B-Residential to MF-12 and 4.4 acres from B-Residential to F-Commercial which was later changed to C-3, General Commercial. Ordinance No. 19,212 adopted by the Little Rock Board of Directors on October 5, 2004, rezoned an area containing 6 acres from MF-12 to PD-R to allow the development of 22 single-family homes, a mosque and an educational building. December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 2 On June 26, 2014, the Planning Commission voted 10 ayes, 0 noes and 1 absent to recommend approval of the request to rezone 13.62 from PD-R, MF-12 and C-3 to PCD, Planned Commercial Development, subject to the applicant providing complete and specific details and site plan for review and approval as a revision to the PCD zoning prior to any land clearing or grading the site. Ordinance No. 20,911 adopted by the Little Rock Board of Directors on August 5, 2014, approved the Planned Commercial Development zoning as recommended by the Planning Commission. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the western portion of PCD Planned Commercial Development formerly zoned as PD-R and to revoke the eastern portion (approximately 9.30 acres) of the PCD Planned Commercial Development formerly zoned as MF-12 and C-3. As provided by the applicant, the uses proposed for the revised PCD include “affordable single-family housing, a children’s recreation area, an educational institution, a health clinic, a community garden, and religious institution.” The remaining 15 single-family residential lots (i.e., Lots 8-22) will be sold for individual developments with typical R-2 zoning standards. The educational institution is proposed with 35 students and 3 staff members. The development is also proposed with an educational institution with a capacity of about 200 people. B. EXISTING CONDITIONS: The west portion of the overall PCD is undeveloped except for five (5) homes constructed along the north property line of the development. The east portion of the site is vacant. Other surrounding uses in the area include residential, industrial, commercial and office uses. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site; and John Barrow and Westwood Neighborhood Associations were notified of public hearing. D. ENGINEERING COMMENTS: 1. The proposed "Potter Street" must be renamed, as that name is already in use. Street names and street naming convention must be approved by Public Works. Contract Glenn Haley at (501) 371-4537. 2. The proposed East-West street, currently labeled as "Potter Street" shall be constructed to City of Little Rock construction standards. Is this street proposed to be public or private? 3. Show location of all gates proposed to be installed. December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 3 4. With site development provide design of street conforming to the Master Street Plan. Construct street improvements to the cul-de-sac. 5. 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 variance being requested with construction of the first phase to advance grade future phases? Is a variance being requested with construction of the cul-de-sac to advance grade the residential lots? 6. Provide sketch Grading and Drainage Plan for the subdivision. Drainage easements or tract lands must be shown on the plat. 7. Storm water detention ordinance applies to this property. 8. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 9. 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. 10. No 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. 11. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 12. 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. 13. Driveway aprons are required to be constructed with concrete. 14. Pedestrian access should be provided to the mosque and the school from Potter Street. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. CenterPoint Energy: No Comments. AT & T: No comments received. December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 4 Central Arkansas Water: No comments received. Fire Department: No Comments. 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: 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 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. Perimeter planting strips are deficient adjacent to Lots 8, 9, and 10. 3. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum 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. 4. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. 5. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 5 6. 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: The request is in the Boyle Park 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 revise the existing PCD (Planned Commercial Development) District and to revocate the western half of the existing PCD (along Whitfield). The resulting (smaller) PCD is to allow the development of 15 more single-family houses, a mosque and school. The proposed use combination is similar to that for the eastern half in the current PCD. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) to the east, west and north. Light Industrial (LI) use is shown to the south toward Asher Avenue. Mixed Use (MX) is shown to the southeast along Asher Avenue. 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 Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. The 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. Master Street Plan: To the north is 40h Street and to the west is Potter Street, both are Local Streets on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 6 Bicycle Plan: There are no bike routes shown in the immediate vicinity. ANALYSIS: The applicant is proposing to revise the current PCD zoning designation for the western portion of the property, approximately six (6) acres, and to revoke the PCD zoning for the eastern portion, consisting of approximately 9.30 acres and formerly zoned as MF-12 and C-3. The PCD zoning was previously approved as a mixed- use development to include residential, single-family and elderly housing; a community center; a school, a Masjid, office and retail uses. The applicant submitted a revised site plan to staff proposing affordable single-family housing, a children’s recreation area, an educational institution, a health clinic, a community garden, and religious institution development on the west portion of the current PCD site. The east portion of the current PCD, previously zoned MF-12 and C-3, currently resides under a different owner, Carolyn Ann Hougland Revocable Trust, who has subsequently submitted a Letter of Revocation to staff on September 2, 2020 requesting a reversal of previously approved PCD zoning to revert to its original underling zoning classifications of MF-12 (approx. 6.6 acres) and C-3 (approx. 2.8 acres). This tract of land is currently vacant and undeveloped. The revised site plan for the west portion of the PCD indicates twenty-three (23) lots. Five (5) single-family residential homes have been developed and sold under the previously approved PCD on Lots 1 through 5. Lot 6 is proposed as six (6) parking spaces with access points from both Potter Street and 40th Street. A 2,953 square feet Mosque is proposed for Lot 7. Lots 8 through 22 are platted for single-family residential with an average lot size of 6,313 square feet. The plan also indicates a 4,500 square feet educational building, a 6,750 square feet Mosque, a playground, and seventy-eight (78) parking spaces on Lot 23. According to the applicant, the residential lots proposed for development will be constructed with 25 feet front yard setbacks, 10 feet side yard setbacks, and 20 feet rear yard setbacks. The minimum lot size is 6,024 square feet. All turning radii within the development are 25 feet unless otherwise indicated. The plan indicates a cul-de-sac with access from Potter Street in the southern portion of the property. The applicant has noted that the street will be not be named Potter Street as shown on the plan and will remain a public street. The proposed development will not have gated entrances to the cul-de-sac or two (2) Mosques buildings. The site plan indicates the placement of 78 parking spaces. Although there are not any parking requirements for a planned development, Section 36-502 (2) (d) of the code requires the minimum standard for churches and other places of worship is typically calculated at 1.0 space for every four (4) seats in new principle December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 7 assembly areas. The applicant has noted that the combined seating capacity for the two (2) Mosques building is 225 which will require the placement of a minimum of 56 parking spaces. The staff feels the parking as proposed is adequate to serve the development. The applicant is proposing one (1) dumpster on the site located on Lot 23 within the rear portion of the parking lot. Section 36-523 (d) of the City Zoning Ordinance requires that dumpster areas be screened by an opaque fence or wall which exceeds the height of the dumpster area by at least two (2) feet, not to exceed eight (8) feet in total height. The applicant is also proposing lighting for entrances and exits along with a few security lights. All site lighting will be low level and directional, directed downward and into the site. The lighting will be shielded to minimize any adverse impact for adjacent properties. The applicant has indicated there will be one (1) wall sign attached to the large mosque building. Typical signage allowed in commercial zones for wall signs should not exceed ten (10) percent in aggregate sign area for that occupancy’s façade area. The applicant has agreed to comply with the typical ordinance standards. To staff’s knowledge there are no outstanding issues associated with this application. Staff is supportive of the requested Revised PCD zoning and Partial PCD revocation. Staff views the requests as reasonable. The applicant is requesting no variances with the proposed re-development. Staff believes that the proposed development will have no adverse impact on the adjacent properties or the general area. STAFF RECOMMENDATION: Staff recommends approval of the requested Revised PCD and partial PCD revocation, subject to compliance with the comments and conditions outlined in paragraphs, D and F, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 29, 2020) The applicant was not present. There were no persons present registered in support or opposition. 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 December 3, 2020 ITEM NO.: A (Cont.) FILE NO.: Z-2502-F 8 December 3, 2020 agenda. The item was placed on Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. STAFF UPDATE: The applicant submitted a revised site plan to staff on November 18, 2020. The applicant has made a minor change to the northwest corner of the site plan for the revised PCD zoning. The applicant has moved the parking for the small mosque building at the northwest corner of the site, from the north side of the building to the south side of the building on Lot 8. The Lot 6 area where the parking was previously shown will be a small playground/park area. The revision will reduce the number of single family lots by one (1). The revision does not change the concept of the overall revised PCD request. Staff continues to recommend approval as noted on page 7 of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) Tauheed Salaam was present, representing the application. There were no persons present registered in support and one (1) person registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. Michael Crenshaw addressed the Commission in opposition to the application. He expressed concerns regarding the past differences between the residents and the developer. Mr. Crenshaw briefly explained that it was important for the residents to have the liberty to conduct their personal lives and social activities without any interference from the developer. Mr. Salaam addressed the Commission in support of the application. He acknowledged Mr. Crenshaw’s comments with respect and expressed a willingness to work with him and the other residents within the proposed development. Mr. Salaam also emphasized that the New Africa Development was well-established in the community working in concert with the community leaders and the surrounding neighborhood associations to help maintain a safe and clean environment. He stated that the application before the Commission was a revision to a development that had been previously approved and partially developed. Mr. Salaam ensured the Commission that the Islamic Center for Human Excellence would continue work to help improve the John Barrow community. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. The application was approved. December 3, 2020 ITEM NO.: B FILE NO.: S-1880 NAME: Woodlands Park – Preliminary Plat LOCATION: East side of Woodlands Trail, South of Kanis Road DEVELOPER: Woodlands Park of Little Rock, LLC 15100 Pride Valley Road Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Brian Dale White-Dater & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: AREA: 9.8 acres NUMBER OF LOTS: 45 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: R-2, Single-Family District VARIANCE/WAIVERS: 1. A variance for advanced grading of the entire property with the construction of the infrastructure. 2. A variance from Section 36-254 to allow reduced building setbacks. 3. A variance from Section 36-254 to allow minimum lot size of less than six thousand (7,000) square-feet. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 9.8 acres into forty-five (45) residential lots. The single-family residential development will consist of garden patio homes constructed using the typical R-2 zoning requirements. The proposed subdivision December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 2 infrastructure will be constructed in one phase. The lots will be final platted in two (2) phases. The subject property is located on the east side of Woodlands Trail, south of Kanis Road. B. EXISTING CONDITIONS: The property is located on the east side of Woodlands Trail, south of Kanis Road. The site is undeveloped and heavily wooded. The Taylor Park residential development is to the east of the property. To the south of the property is the Woodlands Edge Subdivision. The property is currently zoned R-2, Single-Family District. C. NEIGHBORHOOD COMMENTS: All owners of abutting property and Parkway Place, Citizens of West Pulaski County, Woodlands Edge and Spring Valley Manor Neighborhood Associations were notified of public hearing. D. ENGINEERING COMMENTS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct street improvement to these streets with planned development. Per the Master Street Plan, the Woodlands Park Drive not a minor residential street so therefore the streets should be constructed within a 50 ft. right-of-way with a sidewalk on one side. 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. An advance grading variance is being requested to advance grade future phases with construction of the first phase and to clear and grade the lots with construction of the streets. 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. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 5. 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 accommodation storm events as required by the Stormwater Management and Drainage Manual. December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 3 6. 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 owners association. 7. 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. 8. Access ramps should be constructed on both the east and west sides of Woodlands Trail at Woodlands Park Drive for sidewalk connection. 9. 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 at (501) 379- 1813 for more info 10. 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. 11. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 12. Provide a phasing and sequencing plan for proposed advance grading and construction. 13. 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. 14. All public drainage easements must contain drainage infrastructure approved by the City of Little Rock Public Works Department. 15. 100-year overflow swales must be constructed and placed within public drainage easements. 16. The secondary emergency fire access route must be constructed to at least 20 ft. wide with an all weather surface to pass a 75,000 lb. fire truck. Approval must be obtained from the LRFD. 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. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 4 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. 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. 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. December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 5 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. 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. December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 6 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. Planning Division: No comments. ANALYSIS: The applicant proposes to subdivide 9.8 acres of property located along the east side of Woodlands Trail, south of Kanis Road, into 45 lots for single family residential development. The property is zoned “R-2” Single Family District. The property is currently undeveloped and wooded. The subdivision will include one (1) access point from Woodlands Trail. The proposed 45 single family lots will have an average size of 50 feet by 115 feet or 5,750 square feet. The proposed plat will include five (5) tracts, labeled Tracts A through E. Tract B will contain a secondary access to the north for the subdivision. Tract C will contain the stormwater detention area, at the southwest corner of the overall property. Tract E will contain a mail kiosk area. An eight (8) foot high fence with 10 foot high columns is proposed along the north property line of the overall subdivision. Site grading and infrastructure for the entire subdivision will take place in one (1) phase. The lots will be final platted in two (2) phases, with Phase 1 being Lots 1 through 16 and Lots 32 through 40, Block 1 and Lots 1 through 5, Block 2. Phase 2 will be Lots 17 through 31, Block 1. The applicant is requesting a variance from the Land Alteration Regulations to advance grade the entire subdivision with the issuance of the grading permit for construction of the streets, drainage infrastructure, and utilities in Phase 1. The applicant proposes to maintain undisturbed buffers along the east side of Woodlands Trail identified as Tracts A and D. Staff recommends approval of the advance grading variance conditioned on maintaining the undisturbed buffers December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 7 along the east side of Woodlands Trail and all advance graded disturbed areas will be stabilized prior to the approval of the final plat for Phase 1. The applicant is also requesting variances to allow reduced lot area and lot width. Section 31-232 (a) of the City’s Subdivision Ordinance requires a minimum lot width of 60 feet for single family residential lots. Section 36-254 (d) (4) of the Zoning Ordinance requires a minimum lot area of 7,000 square feet. The lots within Block 1 range in width from 35 feet to 58 feet, with the majority of the lots within Block 1 being less than 7,000 square feet in area. The lots within Block 2 comply with these standards. The applicant is also requesting variances to allow reduced front, side and rear building setbacks for the subdivision. Section 36-254 (d) (1) requires a minimum front setback of 25 feet, Section 36-254 (d) (2) requires minimum side setbacks ranging from six (6) to eight (8) feet for lot widths of 60 feet and greater. Section 36-254 (d) (3) requires a minimum rear setback of 25 feet. The applicant proposes reduced building setbacks for all lots as follows: Front setback – 20 feet Rear setback – 20 feet Side setback – 5 feet 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. STAFF RECOMMENDATION: Staff recommends approval of the proposed preliminary plat and associated variances, 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: (OCTOBER 29, 2020) The applicant was present. There were no persons present registered in support and 11 persons registered in opposition. Staff informed the Commission that the item needs to be deferred based on the fact that not all of the abutting property owners were notified of the public hearing. Staff recommended deferral of this item to the December 3, 2020 agenda. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. December 3, 2020 ITEM NO.: B (Cont.) FILE NO.: S-1880 8 PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) The applicant was present. There were no persons registered in support and three (3) persons registered in opposition. Staff presented the items with a recommendation of approval as outlined in the “staff recommendation” above. Scott Hurley was present, representing the application. Mr. Hurley offered to defer to the opposition after an introduction of the development team who were also present: Jesse Munn (Rocket Properties), Ernie Peters (Professional Engineer) and Brian Dale (White-Daters & Associates). The Commission requested comments from the participants registered in opposition. Susan Rankin was the only person present. However, due to technical difficulties (i.e., participant’s volume), she was unable to participate. However, Staff noted that Ms. Rankin’s written statement of opposition was in the Commissioners’ Correspondence Review file. Scott Hurley addressed the Commission in support of the application. Mr. Hurley briefly explained that the error in the required notification of all property owners within two hundred (200) feet which resulted in the deferral of the agenda item for the October 29, 2020 hearing has since been corrected. He notified the Commission that the Notice of Public Hearing, a copy of the proposed plat, a statement of summary of the overall master plan, and contact information were mailed certified to all property owners including the two (2) property owners not included in the previous ownership search. Mr. Hurley, then, highlighted the proposed buffer along Woodlands Trail and the developer’s offer to install a traffic signal before petitioning the Commission for their support. The Commission expressed the need to review the installment of the proposed traffic signal given the expanded footprint of the overall Master Plan in a highly congested area. Director Collins briefly explained that the condition of the traffic signal’s installment is based on warrant largely due to the federal guidelines. Primarily, the amount of traffic currently generated does not warrant an immediate need for the traffic signal. The demand and the traffic counts will indicate the need for the traffic signal. However, the infrastructure will be constructed for the traffic signal in the first phase of the development. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. The application was approved. December 3, 2020 ITEM NO.: C FILE NO.: Z-9535 NAME: Taylor Loop Creek Office – POD LOCATION: 16100 Cantrell Road DEVELOPER: Matt White 400 West Capitol Avenue, Suite 2891 Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: Joe White White-Dater & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: AREA: 6.73 acres NUMBER OF LOTS: 2 + 1 tract FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 CURRENT ZONING: R-2, Single-Family District VARIANCE/WAIVERS: 1. Variances from the Highway 10 Design Overlay District to reduce the front and rear building setbacks. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to replat 6.7 acres located at the northwest corner of Cantrell Road and Tulley Cove. Lot 1 consisting of 1.46 acres will be rezoned to POD, Planned Office Development. Tract A, 3.79 acres, will be rezoned to OS, Open Space. This portion of the property lies within the floodway. Lot 2 consisting of 1.48 acres will remain R-2, Single-Family District, for the future development of a single-family home with access from Tulley Cove at the rear of the property. The plan calls for a three-story office building on the south of side of Taylor Loop Creek fronting Cantrell Road to be developed on Lot 1. December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 2 B. EXISTING CONDITIONS: The property is located at the northwest corner of Cantrell Road and Tulley Cove in the Highway 10 Overlay District; and adjacent to the floodway and within the floodplain. The site is currently undeveloped and partially tree covered. There are two (2) office buildings east of the property. To the south across Cantrell Road, there are mixed uses consisting of a restaurant, office, and storage located in a strip center. To the west of the property is a green space which buffers one (1) single-family home. Tully Cove, a residential development of five (5) single- family homes, is located to the north of the proposed development. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site; and Tulley Cove and Pinnacle Valley Neighborhood Associations were notified of public hearing. 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. Sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan along Cantrell Road. The new 5 ft. sidewalk should be placed 3 ft. off the back of curb. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Storm water detention ordinance applies to this property. Detention should be provided to a depth of 6 inches within the parking lot. 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. 7. The minimum Finish Floor elevation of at least 1 ft. above the base flood elevation is required to be shown on plat and site plans on lot 1 and 2. 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 December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 3 drainage and access easement is required adjacent to both the north and south sides of the floodway boundary. Rezone floodway to Open Space to obtain credit towards a reduction in flood insurance premiums in the City of Little Rock. 9. Remove driveway aprons not proposed to be used. 10. With being adjacent to the floodway and within the floodplain, provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. 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: 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 Highway 10 Scenic Corridor Overlay District. 2. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 4 contain organic and/or combined man-made/organic features such as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Provide screening shrubs no less than thirty (30) inches in height at installation with an average linear spacing of not less at three (3) feet within the required landscape area. 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. 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. 4. 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. 5. 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. Planning Division: The request is in the River Mountain Planning District. The Land Use Plan shows Transition (T), Park/Open space (PK/OS) and Residential Low Density (RL) for the site. 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 December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 5 Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. 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 POD (Planned Office Development) District to allow for future development on the site. Surrounding the application area, the Land Use Plan shows Transition (T) to the east and south (across) Cantrell Road. To the north and northwest is Residential Low Density Residential Low Density (RL). To west of the application is an area of Park/Open Space followed by Transition (T). 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 category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. In this case the drainage way of a creek. 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 south is Cantrell Road and it is a Principal Arterial on the Master Street Plan. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. 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). H. ANALYSIS: The applicant proposes to subdivide the 6.73 acre property located at 16100 Cantrell Road into two (2) lots and one (1) tract. Lot 1 which runs along Cantrell Road will be 1.46 acres in size, with Lot 2 containing 1.48 acres. Tract A will December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 6 consist of 3.79 acres, all of which lies in the floodway. Lot 2 will gain access from Tulley Cove which runs along its east boundary. The property is located within the Highway 10 Design Overlay District. The applicant also proposes to rezone Lot 1 from “R-2” Single Family District to “POD” Planned Office District to allow a new office development. The applicant proposes to rezone Tract A from R-2 to “OS” Open Space District, based on the fact that Tract A represents floodway which runs through the overall property. Lot 2 will remain zoned R-2 for the development of one (1) single family residence. The proposed POD zoning for Lot 1 includes a three-story office building within the west half of the lot. The proposed office building will be approximately 10,000 square feet in area. It will be located 80 feet back from the front (south) property line, 25 feet from the rear (north) property line and 30 feet from the west side property line. A 30 foot wide driveway from Cantrell Road at the southeast corner of Lot 1 will serve as access to the office development. Paved parking will be located on the east side of the proposed office building. A cul-de-sac will be located at the west end of the parking area. Section 36-502 (b) (2) g. of the City’s Zoning Ordinance would typically require a minimum of 25 parking spaces to serve the proposed office building. The proposed site plan includes 35 parking spaces. Staff believes this will be sufficient to serve the proposed office use. The applicant notes that site lighting will low- level and directed into the site. A dumpster area is shown at the west end of the parking area. The dumpster area must be screened as per Section 36-523 of the Code. The applicant notes that all signage will conform with the Highway 10 Design Overlay District requirements. Section 36-346 (f) will allow one (1) monument-type ground sign for Lot 1, with a maximum height of six (6) feet and a maximum area of 72 square feet. The applicant is requesting variances from the Highway 10 DOD to allow reduced front and rear building setbacks. Section 36-346 (b) requires a minimum front building setback of 100 feet, and Section 36-346 (c) requires a minimum rear setback of 40 feet. As noted previously the proposed building will have a front setback of 80 feet and a rear setback of 25 feet. Staff is supportive of the setback variances, as the lot has a fairly shallow depth, ranging from 100 feet to 179 feet due to the floodway area. 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. December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 7 Staff is supportive of the requested POD and OS rezoning. Staff views the request as reasonable. The property is located in as area of mixed uses and zoning. The City’s future Land Use Plan designates this property as “T” Transition. The two (2) properties immediately east of the proposed Lot 1 are zoned. PD-O, with a large POD zoning to the west. PCD and POD zonings are located across Cantrell Road to the south. The proposed POD zoning will represent a continuation of the zoning pattern along this section of Cantrell Road, with the POD development be consistent with the future land use designation. Staff believes the proposed development will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested POD and OS rezoning and associated building setback variances, subject to compliance with the comments and conditions outlined in Sections D, E and F, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 29, 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 October 28, 2020 requesting this item be deferred to the December 3, 2020 agenda, in order to work out an access issue. Staff supported the deferral. A waiver of the Planning Commission bylaws was needed based on the fact that the request for deferral was made less than five (5) business days prior to the public hearing. With a vote of 11 ayes, 0 nays and 0 absent the bylaws were waived. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. STAFF UPDATE: Due to complications in accessing Lot 2 from Tulley Cove, the applicant has revised the proposed site plan with respect to driveways and parking. The overall parking area for the proposed office building has been rotated, with the driveway at the west end of the parking area and the cul-de-sac at the east end of the parking area. The number of parking spaces and the dumpster area remain the same. A new driveway at the southeast corner of the overall property will serve Lot 2. The new driveway will traverse the floodway area, with a small bridge over Taylor Loop Creek. The Engineering Division has reviewed the revised site plan and provided the following additional comments: 1. The proposed alteration of the floodway will require flood map revisions. Obtain a conditional letter of map revision (CLOMR) and a “No Rise” certification approval from December 3, 2020 ITEM NO.: C (Cont.) FILE NO.: Z-9535 8 CLR Public Works and FEMA prior to issuance of a grading permit and commencement of construction. An approved letter of map revision (LOMR) from FEMA must be obtained prior to approval of final plat for Lot 2. 2. 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. 3. Label on the preliminary plat the proposed finished floor elevation of the proposed structure on Lot 2 to be at least 1 ft. above the base flood elevation. The proposed parking and driveway revisions do not change the overall concept of the proposed development. Staff continues to recommend approval of the proposed POD and OS rezoning, including the additional Engineering comments, as noted in paragraph I. of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) The applicant was present. There were no persons present registered in support and one (1) person registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The Commission requested comments from the person registered in opposition. However, no person responded to the request. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 1 FILE NO.: S-1882 NAME: The Grove at Old Oak – Preliminary Plat LOCATION: 4709 Old Grove Road DEVELOPER: Calex Enterprises, LLC 3615 Doral Drive Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Brian Dale White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 SURVEYOR/ENGINEER: White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 AREA: 3.46 acres NUMBER OF LOTS: 14 FT. NEW STREET: 370 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.14 CURRENT ZONING: Single-family district (R-2) VARIANCE/WAIVERS: 1. 8 foot tall brick wall with 10 foot tall brick columns. 2. Advance grade lots with construction of infrastructure. 3. Reduced front and rear building setbacks. 4. Reduced width of zero lot line lots. 5. To allow double frontage lots (Lots 1-5) December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to subdivide 3.46 acre tract into a zero-lot line single- family residential community. The lots will average 32 foot wide and have a 20 foot front and rear building setbacks. The development will be gated with an 8 foot tall brick wall with 10 foot tall columns along Old Oak Drive frontage. A keypad entrance will be installed on the south side of Old Oak in a pull over section located off the main travel lanes. B. EXISTING CONDITIONS: The lot is currently undeveloped. To the north of the proposed site lies of the planned development (J.G. Construction Company/Lewis Realty). To the east, west and south lies single-family residential. C. NEIGHBORHOOD COMMENTS: All owners of abutting property and the Pankey Community Improvement Association, Secluded Hills and Westbury Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Old Oak Drive is classified on the Master Street Plan as a Collector Street. A dedication of right-of-way 60 feet will be required. 2. Black Street located south of Pankey Avenue is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. Black Street located north of Pankey Avenue is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 4. With site development, provide design of street conforming to the Master Street Plan. Construct full street improvements to Old Oak Drive including 5-foot sidewalk with planned development. 5. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Black Street including 5-foot sidewalks with planned development. 6. It is believed the proposed gate locations will require vehicles to wait on Old Oak Drive. Gates should be relocated at least 75 ft. from Old Oak Drive for stacking. Contact Nat Banihatti, Traffic Engineering for more information. December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 3 7. 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). 8. Private access is proposed for these lots. In accordance with section 31-207, private streets must be designed to the same standards as public streets. A minimum access easement width of 45' is required and street width of 24' from back of curb to back of curb. 9. Since the street is proposed to be 24 ft. in width, show on the plan the area of street where parking will be restricted to one side. 10. The proposed private north street measures more than 150 ft. in length. The Fire Code requires a turnaround be provided for dead end streets longer than 150 ft. Approval should be obtained from CLR Fire Marshall. 11. 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. 12. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). Consideration should be given to prevent surcharge of detention pond discharge pipe during creek high flows. 13. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or local property owners' association and detailed in the Bill of Assurance. 14. 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. 15. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 16. 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. 17. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 18. Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 for more info. 19. A temporary turnaround should be provided at the end of Old Oak Drive for emergency vehicles and collection trucks. December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 4 20. 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. 21. A "No Vehicle Access" easement should be platted along the rear of lots 1-5. 22. Street names and street naming conventions must be approved by Public Works. Contact Glenn Haley at (501) 371-4537. 23. No 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. 24. 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. 25. 100-year overflow swales must be constructed and placed within drainage easements. 26. Show proposed location(s) of USPS cluster box units in conformance with USPS and City of Little Rock policy design standards. 27. 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 accommodations storm events as required by the stormwater management and drainage manual. 28. Natural features within and surrounding proposed subdivision including drainage channels, bodies of water, wooded areas and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated, and for all watercourses entering the tract, the drainage area above the point of entry shall be noted. 29. The minimum Finish Floor elevation of at least 1 ft. is required to be shown on plat and grading plans and at least 1 ft. above the overflow elevation of the detention pond. 30. A gate with a Knox box for emergency response should be constructed at the intersection of Old Oak Drive and Black St. to be removed at the time Black Street Bridge is reconstructed for connection to Cantrell Road. 31. 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. December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 5 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: 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. 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. 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 December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 6 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 received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: No comments. H. ANALYSIS: The applicant proposes to subdivide 3.46 acres located at the north end of Old Oak Drive into 14 lots. The property is zoned R-2, Single Family District. The applicant is proposing to subdivide the property for a zero lot line single family development. The lots will have an average width of 32 feet and an average size of 4,375 square feet. The development will be gated with a keypad entrance on the south side of Old Oak Drive within a pull-thru section located off the main travel lanes. The two (2) streets within the subdivision will be private streets. December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 7 The applicant is proposing 20 foot front and rear building setbacks for the lots. Each lot will have one (1) zero side setback, with the other side setback being at least five (5) feet. Sections 36-254 (d) (1) and (3) of the City’s Zoning Ordinance require minimum front and rear setbacks of 25 feet. Therefore, the applicant is requesting variances to allow reduced front and rear building setbacks. Section 31-232 (a) of the City’s Subdivision Ordinance requires zero lot line developments to have minimum lot widths of 35 feet. Lots 3 through 8 have lot widths of less than 35 feet as measured at the front building line. The average width of the lots exceed 35 feet. The applicant is requesting a variance to allow reduced lot widths for Lots 3 through 8. The applicant is proposing an eight (8) foot high brick wall with 10 foot high columns along the Old Oak Drive frontage of the subdivision. Section 36-516 (e) (1) a. allows a maximum residential fence height of six (6) feet for fences located between required building setbacks and street rights-of-way. The applicant is requesting a variance to allow the eight (8) foot high wall. Lots 1 through 5 will back up to Black Street. Section 31-232 (d) prohibits double- frontage lots. The applicant is requesting a variance to allow these lots to front on the private residential street and back up to Black Street. The applicant will dedicate right-of-way and construct one-half street improvements to Black Street. The sidewalk along this section of Black Street will be located on the east side of the street and will constructed in the future. The applicant is proposing to barricade the east end of Old Oak Drive at its intersection with Black Street with a gate and Knox box, as Black Street is in need of repair between this property and Cantrell Road. Staff will require that the gate be maintained until the north section of Black Street is constructed or as instructed by the City. The applicant is also requesting a variance from the Land Alteration Regulations to advance grade the entire subdivision with the issuance of a grading permit for construction of the infrastructure. Staff supports the advance grading variance request. Upon review of the plat, the City of Little Rock Solid Waste division provided the following requirements: 1. A liability waiver must be signed that prevents the CLR from being liable for any damage to property in the subdivision with the standard garbage collection operation. December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 8 2. CLR must have gate codes and access to service the homes in the subdivision. If the gate codes and/or devices do not work, or access to the homes is not available, CLR will not be responsible for garbage collection that week. 3. Due to side loaders on the right side of the trucks, all containers for the lots south of Old Oak Drive are to be placed at the back of curb within Tract B for pickup. Please place in the Bill of Assurance that the carts for Lot 1 should be placed within Tract B in front of Lot 2. 4. CLR cannot provide solid waste collection services in the subdivision with the current street design of the private roadway easement south of Old Oak Drive. Collection may be considered in the future, if a street design is provided that accommodates SU-30 vehicle turn movements and cart locations. 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 associated variances, 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: (DECEMBER 3, 2020) Brian Dale (White-Daters & Associates) and Bruce Henry (Owner/Developer) were present, representing the application. There was no person registered in support and several persons registered in opposition. Staff presented the item with a recommendation of approval. Mr. Dale offered to defer to the opposition. The Commission requested comments from the participants registered in opposition. Larry (Donna) Karpe, Jennifer Pierce, Jordan Abbott, Rhonda Izard, and Charles (Karen) Thompson addressed the Commission in opposition to the application. As long time- residents of the Secluded Hills Subdivision, each shared primary concern regarding an increase of traffic in the family-friendly neighborhood. According to the residents, the proposed gate to Black Street with a direct connection to Highway 10 poses potential safety risks for the many children who live and play in the community. Generally, the residents were not opposed to the development rather focused on the need for the gate to remain closed to Black Street without the possibility of any connecting traffic from Old Oak Drive to Black Street to Highway 10. December 3, 2020 ITEM NO.: 1 (Cont.) FILE NO.: S-1882 9 Bruce Henry (Owner/Developer) addressed the Commission in support of the application. He briefly explained that the Old Oak Drive is on the City’s Master Street Plan to connect Black Street and then Highway 10. Understanding that this would potentially be an issue for residents of Old Oak and Pankey communities, the developers will build the road to Black Street and add an emergency vehicle access gate. Mr. Henry stated that the gate would be opened in the future based on the Master Street Plan. Brian Dale (White-Daters & Associates) addressed the Commission to clarify the use and purpose of the proposed gates. He explained that two (2) gates are exclusively for the fourteen (14) residential lots. One (1) gate will be located on the South side of Old Oak Drive and one (1) gate will be located on the North side of Old Oak Drive. The proposed gate to Black Street will be only be accessible for emergency vehicles and personnel. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 2 FILE NO.: S-1313-SS NAME: Woodlands Edge Blocks 32 and 33 Preliminary Plat – Time Extension Request LOCATION: South of the existing Woodlands Edge Development DEVELOPER: South Woodlands Estates, LLC 500 Main Street, Suite A North Little Rock, AR 72114 OWNER/AUTHORIZED AGENT: South Woodlands Estates, LLC, Owner Holloway Engineering, Agent SURVEYOR/ENGINEER: Holloway Engineering 200 Casey Drive Maumelle, AR 72113 AREA: 89.97 acres NUMBER OF LOTS: 118 FT. NEW STREET: 7,832 LF WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. A variance from Section 31-256 to allow a reduced front building line of 20 feet for all lots. 2. A variance from Section 36-254 to allow a reduced side yard setback of 5 feet for lots with a lot width of 60 feet in Block 33. 3. A variance from Section 36-254 to allow a reduced rear yard setback of 15 feet for all lots. 4. A variance from the Master Street Plan to allow an increased length of a Minor Residential Street. 5. A variance from the Master Street Plan to allow a trail system in lieu of sidewalks. December 3, 2020 ITEM NO.: 2 (Cont.) FILE NO.: S-1313-SS 2 6. A variance from the Master Street Plan to allow an increased grade for collector streets (14%). 7. A variance from the Master Street Plan to allow a reduced right-of-way of 40 feet to match the existing improvements in Woodlands Edge. ANALYSIS: On December 13, 2018 the Planning Commission approved the Woodland’s Edge Blocks 32 and 33 Preliminary Plat with a vote of 10 ayes, 0 noes and 1 absent (consent agenda). The proposal included the development of 89.97 acres with 118 new, single family lots with 7,832 feet of new streets. The proposed plat included several variances form the typical standards of the Subdivision Ordinance and Zoning Ordinance. The variances are consistent with those approved for various phases of the existing Woodlands Edge development. Additionally, the applicant proposed to continue the use of a trail system within the development in lieu of sidewalks on the streets and the streets in Block 33 were proposed as private streets. A land alteration variance was requested to allow advance grading of the lots with installation of the basic infrastructure. Block 32 contains 62.33 acres and will be developed with 63 lots and 4 tracts of open space. The open space amounts to 36.65 acres. The average lot size is 13,503 square feet and the minimum lot size is 11,196 square feet. The minimum lot size in R-2 is 7,000 square feet. The proposed density is 1.01 units per acre. 5,225 linear feet of new public streets are proposed. Block 33 contains 27.64 acres and will be developed with 55 lots and 5 tracts of open space. The open space amounts to 14.23 acres. The average lot size is 8,295 square feet and the minimum lot size is 7,014 square feet. The proposed density is 1.99 units per acre. 2,607 linear feet of new street are proposed. The streets in this block are proposed as private streets. The subdivision will be gated, with a key pad entrance on the north end of Chanterrelle Bend Lane off of the round-about-on Preserve Pass. The gated entrance will be entry or exit. A second gate is located on the south end of Chanterrelle Bend Lane. This gate is exit only. Construction of both blocks is to be simultaneous, however it is likely that final platting will be done by separate plats for each block. Section 31-94 (e) of the City’s Subdivision Ordinance is as follows: "(e) A preliminary plat approved by the planning commission shall be effective and binding upon the commission for two (2) years from the date of approval or as long as work is actively progressing, at the end of which time the final plat application for the subdivision must have been submitted to the planning staff. Any plat not receiving final approval within the period December 3, 2020 ITEM NO.: 2 (Cont.) FILE NO.: S-1313-SS 3 of time set forth herein or otherwise conforming to the requirements of this chapter shall be null and void, and the developer shall be required to submit a new plat of the property for preliminary approval subject to all zoning restrictions and this chapter. The planning commission may extend the original preliminary approval, for a period not to exceed one (1) additional year, when it can be demonstrated that there are no changes in the plat design or neighborhood that warrant a complete review." The applicant submitted a letter to staff on October 6, 2020 requesting the approved preliminary plat be extended for one (1) additional year, as it is set to expire on December 13, 2020. Staff supports the requested preliminary plat time extension, as there have been no substantial changes in the plat design or the general area which would warrant additional review. STAFF RECOMMENDATION: Staff recommends approval of the requested one (1) year time extension for the Woodland’s Edge Blocks 32 and 33 Preliminary Plat, subject to compliance with all conditions of the previous approval. PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) The applicant was not present. There were no persons present registered in support and three (3) persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. The Commission requested comments from the persons registered in opposition. However, no person responded to the request. There was a motion to approve the request as recommended by staff. The motion was seconded. The vote was 9 ayes, 1 nay, and 1 absent. The request was approved. December 3, 2020 ITEM NO.: 3 FILE NO.: A-338 NAME: Hastings Annexation REQUEST: Accept 40 acres plus or minus to the City LOCATION: Along and south of Cooper Orbit Road, west of the Cooper Orbit/Kirby/Kanis Roads intersection (approximate 14200 through 14600 BLKs of Cooper Orbit Road) SOURCE: Brain Dale; White-Daters Associates - agent GENERAL INFORMATION: · On November 1, 2020 the Pulaski County Judge signed the Judge’s Order verifying that the applicant had meet all the requirements of the 100% annexation process and approving the annexation. · The Tract is mostly wooded with the ruins of a house and out buildings. · There is one property owner. This is a ‘100-percent property’ Owner annexation. · The site is contiguous to the City of Little Rock along the south, north and east sides. · The annexation request is to obtain City services. · The site is basically rectangular (NE1/4 NE1/4 of Section 7 T-1-N R-13-W), approximately 1266 to 1316 feet along the north and south property lines and approximately 1317 to 1307 feet along the west and east property lines. · The site is zoned R-2, Single Family District. AGENCY COMMENTS: Public Safety: Fire: Little Rock Fire Department indicated they “do not see any significant issues” with the proposed annexation. Police: Little Rock Police Department indicated no issues or concerns with the proposed annexation. Infrastructure and Community Facilities: Rock Region METRO Transit: No Comment Received. December 3, 2020 ITEM NO.: 3 (Cont.) FILE NO. A-338 2 Parks and Recreation: No Comment Received. Public Works: Little Rock Solid Waste Division induced they have no issues or concerns with the proposed annexation. The Engineering Division has indicted they have no issues or concerns with the proposed annexation. However they have noted issues with Cooper Orbit Road related to the poor condition of the road and flooding problems. Pulaski County Planning: No Comment Received. Arkansas Geographic Information Office: AGIO expressed no concerns with the annexation and noted the applicant had followed ARK CODE 14-40-101. Utilities: Central Arkansas Water: No Comment Received. Entergy: No Comment Received. Reliant-Energy: No Comment Received. Little Rock Water Reclamation Authority: No Comment Received. AT&T: No Comment Received. Schools: Little Rock: No Comment Received. The annexation area is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The Tract requesting annexation is contiguous on three sides, the north, south and east. The City of Little Rock annexed the area to the east in 1982 as part of a General Election (City initiated) annexation (Ordinance 14302). The area to the south was added in 2008 with Ordinance 19909 (Rocket Development Annexation). And to the area to the north was added with Ordinance 20948 in 2014, the ‘Sachs Suburban Tract 24 Annexation’. Based on aerials of the area, the Tract had been developed in the past. The northeast half of the Tract was once cleared with a house and several out buildings. By 2000 most of the cleared land had become over grown with only the central portion of the Tract still cleared (around the home site). Since then the site has become fully wooded with the structures falling into disrepair – becoming ruins. December 3, 2020 ITEM NO.: 3 (Cont.) FILE NO. A-338 3 The northeastern third of the site is relatively flat with about a 10-foot elevation change, rising from southeast to northwest. Two ridges move across the southwestern two-thirds of the Tract in the same southeast to northwest orientation. The first ridge rises over 60 feet. The high point of the Tract is at the western terminus of this ridge (on the western boundary of the Tract) approximately a third of the way south from the northwest corner of the Tract. Cooper Orbit Road traverses the Tract from east to west just south of the northern boundary. It is constructed as a two-lane county road with open ditches. The property is currently zoned R-2, Single Family Residential District. The Tract is overgrown and wooded with ruins of a single-family house and out buildings. To the southeast, south and west the land is zoned R-2, Single Family Residential District. The Woodlands Edge residential subdivision is located to the south. To the west, the adjacent Tract has a large warehouse and home on it. Further to the west are large-tracts with houses, on R-2 single-family zoned land. The land to the north is zoned Planned Development Residential District and C-1, Neighborhood Commercial District. The McKenzie Apartment complex is located on this land. To the east is land zoned Planned Commercial District and wooded. There is also a Planned Commercial District zoning to the northeast across Kanis and Kirby Roads. That land is currently cleared but vacant. The structures having been removed several years ago. The Land Use Plan shows the site as Residential Low Density (RL) with a small area of Mixed Office Commercial (MOC) at the northeast corner. The MOC is part of a larger area around the Kanis/Kirby/Cooper Orbit Roads intersection. Most of the MOC area is not developed. Suburban Office (SO) is shown to the north but is developed with an apartment complex. Land to the south, west and southeast is shown for Residential Low Density development. The Woodlands Edge Subdivision is to the south and southeast. This is a mostly developed single-family subdivision. Generally larger tract single-family homes are to the west. The applicant has several applications before the City of Little Rock for this site and the land immediately to the east. These applications consist of two single family developments for the annexation site. They are a Planned Residential Development (PRD) for the northern portion of the annexation area. This PRD consists of a proposed 80 plus detached garden patio homes and attached townhouses. A subdivision for some 65 single-family detached houses is proposed on the southern portion of the site. Both developments would be accessed via the round-about on Woodlands Trail to the east of the site. The applicant proposes to reclassify the land east of the annexation area from this new access road north to Kanis Road as C-1, Neighborhood Commercial District and C-3, General Commercial District for future commercial development. The applicant has provided the City with a letter from the Arkansas GIS Office (AGIO) confirming the request meets all the requirements of section 14-40-101 (dated October 9, 2020). The applicant has also provided the Judge’s Order, signed on November 1, 2020. This confirms that the area requesting annexation is contiguous to the City of Little Rock; will be used for an urban purpose; the petitioner does own 100 percent of the land; December 3, 2020 ITEM NO.: 3 (Cont.) FILE NO. A-338 4 and all requirements of Arkansas Law have been fulfilled. The Judge’s Order does include all adjacent and traversing road rights-of-way (Cooper Orbit Road). Over 1300 linear feet of Cooper Orbit Road are included in this annexation. Cooper Orbit Road is a county road. It is a two-lane road without shoulders and with open ditches on both sides. This section of Cooper Orbit Road is not shown on the Master Street Plan due to a roadway re-alignment proposed to the west of the annexation area. Thus this segment of Cooper Orbit Road would be considered a ‘Local Street’ by the Master Street Plan. The road does not meet Little Rock Master Street Plan standards. The standard for a Local Street is 26 feet of pavement (back of curb) with curb and gutter, underground storm drainage and a sidewalk on one side of the roadway. After annexation there would still be a section of Cooper Orbit Road to the west that would remain outside of the City. (There will be approximate 2000 linear feet of roadway remaining outside the City Limits from the annexation area west to south of Brodie Creek). The Little Rock Solid Waste Division of the Public Works Department has indicated they have no issues or concerns with the proposed annexation. Solid Waste is a self- supporting enterprise fund and should not impact the general fund. That is the service is designed to be self-funding. The Public Works Department, Civil Engineering Division has indicated that Cooper Orbit Road is in ‘poor condition’ and has flooding problems. Both of these will have to be addressed by the City if the roadway is annexed and becomes part of the City street system. It should also be noted that the long term plan is to abandon this section of Cooper Orbit Road when the connection to Panther Branch Drive is made. The necessary right-of-way to make this connection has been acquired by Pulaski County. The area of the connection will remain outside the City after this annexation and to the City’s knowledge no funding has been identified to construct the connection. A 24-inch water service line exists along the east boundary of this annexation. A 12-inch service line exists along Cooper Orbit Road which traverses the Tract just south of the northern boundary. A 24-inch wastewater service line is along Brodie Creek to the south- southwest of this property. There are one to three properties between the wastewater service line and the property involved in this annexation (depending on the alignment a service line connection would make). As part of the development of the land, the developer will have to extend these services from the existing service lines to any new development. The closest fire station (Station 23) is located at 300 Oak Meadow Drive. From this station via existing streets is just under two-thirds of a mile to the annexation area. With the proposed new road pattern for the development this would become approximately 0.9 of a mile. Station 15, at 8915 Kanis Road, is the next closest station with runs of approximately 3.25 miles to the annexation area with current road and 3.5 miles with the proposed road pattern. The Fire Department indicated they “do not see any significant issues” with proposed annexation. The Little Rock Police Department responded they have no concerns or issues with this annexation. Both east and west of the annexation December 3, 2020 ITEM NO.: 3 (Cont.) FILE NO. A-338 5 area there are areas where police patrols must serve. The patrols currently traverse the annexation area via Cooper Orbit Road to serve both the Capitol Lakes Estates and Spring Valley Manor neighborhoods. The annexation would increase the linear feet of road where the Department might have to respond to traffic issues. Since there are no businesses or homes within the annexation area and the area is wooded, neither public safety agency expects much demand. Staff Recommendation: Approval of the annexation. PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) The item was placed on consent agenda for approval. By a vote of 10 for, 0 against, and 1 absent the consent agenda was approved. December 3, 2020 ITEM NO.: 4 FILE NO.: Z-7091-A NAME: Rezoning from PRD to R-5 LOCATION: North end of Brookside Drive, East of Reservoir Road DEVELOPER: Presbyterian Village, Inc. 500 Brookside Drive Little Rock, AR 72205 OWNER/AUTHORIZED AGENT: Presbyterian Village, Inc. – Owner White-Daters and Associates, Inc. – Agent SURVEYOR/ENGINEER: White-Daters and Associates, Inc. Brian Dale 24 Rahling Circle Little Rock, AR 72223 AREA: 11.66 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 3 CENSUS TRACT: 22.03 CURRENT ZONING: PRD VARIANCE/WAIVERS: 1. None requested. BACKGROUND: On October 4, 2001 the Planning Commission approved a rezoning of this 10.66 acre property from R-2 and O-3 to "PRD" Planned Residential District. The PRD zoning was approved by the Board of Directors on November 20, 2001 (Ordinance No. 18,593). The PRD was approved to allow an independent living apartment facility including a 210,000 square foot four (4) story building with 190 parking spaces. The building was to contain 126 apartment units. The plan also included 15 independent living villas along the east portion of the overall property. This PRD project was never developed. December 3, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-7091-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 11.66 acre property located at the north end of Brookside Drive, east of Reservoir Road from "PRD" Planned Residential District to "R-5" Urban Residence District. The rezoning is proposed to allow a future multifamily development. B. EXISTING CONDITIONS: The property is undeveloped and mostly wooded. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Eagle Crest and Leawood 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. 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. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No Comments. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No Comments. Parks and Recreation: No comments received. County Planning: No comments received. December 3, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-7091-A 3 F. BUILDING CODES/LANDSCAPE: Building Code: No Comments. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No Comments. Planning Division: The request is in the West Little Rock Planning District. The Land Use Plan shows Residential High Density (RH) for the requested area. The Residential High Density category accommodates residential development of more than twelve (12) dwelling units per acre. The application is to change the property from PRD (Planned Residential Development) District to R-5 (Urban Residential District) to allow for future development of the site. R-5 zoning allows developments up to 36 units per acre. Surrounding the application area, the Land Use Plan shows Residential High Density (RH) to the north, south and west. There is an area of Park/Open Space (PK/OS) then Residential Low Density (RL) to the east. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. Much of this area is developed with apartment or condominium developments. The Park/Open Space (PK/OS) category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. In this case, it represents the floodway/floodplain of Grassy Flat Creek. The Residential Low Density (RL) 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 Low Density area is a developed single-family detached subdivision with homes. Master Street Plan: To the south is Brookside Drive which is a Local Street on the Master Street Plan The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. 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. December 3, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-7091-A 4 H. ANALYSIS: Presbyterian Village, Inc., owner of the 10.66 acre property located at the north end of Brookside Drive, east of Reservoir Road, is requesting that the property be rezoned from "PRD" Planned Residential District to "R-5" Urban Residence District. The rezoning is proposed to allow a future multifamily development. The property is currently undeveloped and mostly wooded. The property is located in an area of mixed uses and zoning, including several multifamily developments along Reservoir Road. Multifamily developments (zoned MF-24 and PD-R) are located north and west of the site. Nursing home and assisted living facilities (zoned O-3, POD and R-5) are located to the south. Mixed commercial uses are located to the southwest. Grassy Flat Creek is located to the east within City of Little Rock owned property. Single Family residences (zoned R-2) are located on the east side of the creek/floodway area. The City’s Future Land Use Plan designates this property as "RH" Residential High Density. The requested R-5 zoning will not require a plan amendment. Staff is supportive of the requested R-5 zoning. Staff views the request as reasonable. The proposed R-5 zoning will be compatible with this general area along the Reservoir Road corridor. There are several other multifamily developments in the area. The proposed R-5 zoning is also consistent with the City’s Future Land Use Plan designation of "RH" Residential High Density. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested R-5 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) Buck Gibson (PA) was present, representing the application. There were several persons registered in opposition. Staff presented the item with a recommendation of approval. Before deferring to opposition, Attorney Buck briefly explained the purpose of the application was for rezoning of approximately 12 acres of land specified by the current Land Use Plan as Multi-Family Residential. He concluded by petitioning the Commission to support the Staff’s recommendation for approval to the change in zoning. Coy Butler addressed the Commission in opposition of the application. He stated that his primary concerns were for the number multi-family uses along Reservoir Road, the adverse condition of this area, the potential traffic safety issues for the elderly, the decrease in the property values, and the increase in the crime rate. December 3, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-7091-A 5 Jon Robbins addressed the Commission in opposition to the application. Although he supported the previously mention opposing concerns, his primary concern was potential flooding in the area. He also stated that the Commission should review the proposed rezoning based on the type of zoning in the surrounding area. Lee Beverly addressed the Commission in opposition to the application. He expressed the following opposing points: 1. The R-5 (Urban Residential District) zoning classification for this area is not fully compatible with the surrounding land use. 2. The significant number of apartments within a 7-minute drive of the site. 3. The considerable increase in the sewer load on existing sewer line. 4. The extreme flooding along the adjacent property line of the proposed site. 5. The lower section of the Brookside property is in the 100-year floodplain. The Commission inquired if the creek between the proposed site and the adjacent neighborhood served as a natural buffer. Brian Tinnermon addressed the Commission in opposition of the application. He emphasized that the proposed height of the proposed structure would adversely affect the view of his backyard. Mr. Tinnermon also expressed concerns for the potential flooding, traffic flow, crime rate, property values, and sewage. David Maddox, a 20-year resident of Leawood, addressed the Commission in opposition of the application. His concerns were for the traffic flow from Rodney Parham Road to Leawood during the morning and afternoon hours and the decrease in property value for the surrounding residential neighborhoods. Kelly Renard, a Leawood resident, addressed the Commission in opposition of the application. She expressed discontentment with the current notification requirement of 200 feet for property owners. Ms. Renard added concerns for traffic flow, potential erosion, and crime. Gray LeMaster addressed the Commission in opposition of the application. He briefly explained that his property was flooded in 2017 which resulted in a $90K insurance claim and an increase in his flood insurance premium. Mr. LeMaster stated that he has spoken with the City’s Engineers regarding a Base Flood Elevation Study. Although it is needed, the study is expensive. His concern is for the properties both upstream and downstream from the creek. Amy Wren addressed the Commission in opposition of the application. She stated her support of the technical issues raises by the Leawood Residents. Ms. Wren explained that she disagreed with the staff’s analysis of the proposal. She also noted that hundreds December 3, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-7091-A 6 of residential property owners have provided stability for the city. Although the residents have been supportive of the city, the recommendation for approval of the application is disrespectful to the surrounding property owners. Catherine Johnson ceded her time to speak but stated that she is agrees with the opposing points of the Leawood residents. Scott Gordon, an Eagle Nest resident, addressed the Commission in opposition of the application. His primary concern was the 300% increase in density proposed on this site. Mr. Gordon explained that the extent of the proposal is based on economics and not practicality. Mary-Julia Hill addressed the Commission in opposition of the application. Her primary concerns were the flooding problems, overstrained drainage infrastructure, the density of any R-5 project in the area. Ms. Hill believes that the R-5 zoning will negatively impact the quality of life for the established, thriving neighborhood. Brenda Stillwell addressed the Commission in opposition of the application. Her concerns were regarding the flooding and the fact that the HOA dues paid by the residence are not enough to address any potential flooding. Cynthia Hill, a 35-year resident of Leawood, addressed the Commission in opposition of the application. She stated her support of the opposing comments. However, Ms. Hill explained that she was not oppose to the development just the massive number of proposed units relative to the crime rate, the creek, and the traffic issues. Scott Francis addressed the Commission in opposition of the application. He explained that he did support his neighbors adding that a lower density would be more acceptable. Mr. Buck, Attorney, addressed the Commission in response to the opposition. He emphasized that the differences between a rezoning request and a site plan review. The rezoning process did not require a review of the proposed site plan. However, he added that the proposed units would be developed as Class A, High-End Apartments with gated accesses. Mr. Buck stated that the request is consistent with the manner of application proposed and it is a reasonable request for the existing land use plan. Blake Wiggins, Developer, addressed the Commission in support of the application. He briefly explained the access points for the proposed gated entries. Mr. Wiggins also clarified that there would be little more than 300 units for the development with no intention of expanding into all the property lines. He stated that the intent is to leave as much buffer to the property lines as possible. Mr. Wiggins expressed that he believes the demand for this type of development for the surrounding hospital systems with a large population of healthcare workers is ideal for this site. December 3, 2020 ITEM NO.: 4 (Cont.) FILE NO.: Z-7091-A 7 Ernie Peters (Professional Engineer) briefly explained the there are no access points between the proposed site and the Leawood neighborhood. He noted that the traffic signal at Rodney Parham Road and Brookside Drive would facilitate traffic. An analysis will be completed related to the project once the specific units have been determined. The Commission inquired about the results of the Geo Tech and Environmental Studies conducted for the property. Brian Dale (White-Daters & Associates) stated that there was a Phase I Environmental Study conducted. An old, existing well is located on the site which is not uncommon for properties which have been undeveloped for a long period of time. For the Geo Tech Study, there were hard shell and sandstone fragments found. These, too, are common findings based on the conditions of the property. Mr. Dale explained that the required Stormwater Detention Report would be conducted by White-Daters & Associates following the FEMA guidelines with a final review by the city’s Public Works Department. Director Collins addressed the Commission to clarify the fundamental components between the rezoning and planned development processes. He also explained that the Land Use Plans for the city are periodically reviewed by the Planning Commission and the Board of Directors. Director Collins concluded by stating that the Land Use Plan for this property has been zoned High-Density Residential for decades. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 7 ayes, 3 nays, and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 5 FILE NO.: Z-9543 NAME: Friendship Aspire Academy, Garland Campus – Conditional Use Permit LOCATION: 3523 West 24th Street DEVELOPER: John Greer, WER Architects, Inc. 901 3rd Street Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: KLS, Leasing, Inc. P.O. Box 2030 Bentonville, AR 72712 SURVEYOR/ENGINEER: McClelland Consulting Engineers, Inc. 7302 Kanis Road Little Rock, AR 72204 AREA: 0.73 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 9 CENSUS TRACT: 12 CURRENT ZONING: R-3, Single-Family District VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting the approval of a Conditional Use Permit to allow the development of a middle school campus for grades 4 and 5. The construction will consist of eight (8) classrooms and will serve 200 students. The development will also have one (1) administrative office and building service space. December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 2 B. EXISTING CONDITIONS: The proposed school site located east of Maple Street between West 24th and West 25th Streets is currently undeveloped. The property is located within a single-family neighborhood which contains a variety of housing types and sizes. Mixed uses are located south of the site along Asher Avenue. The Friendship Aspire Charter School (grades K through 3) is located directly to the west of the site. The development of this site is an extension this development. In staff’s opinion, the new school campus will be compatible with the surrounding uses. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and Stephens Area Faith, Midtown, Love, and Goodwill Neighborhood Associations were notified of public hearing. D. ENGINEERING COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that West 24th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Due to the proposed use of the property, the Master Street Plan specifies that West 25th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to West 24th Street including 5-foot sidewalks with planned development. The new curb should connect with the existing curb to the west and maintain the same street width. 4. 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. 5. Close existing curb cuts not proposed to be used with proposed development. 6. Sidewalks with appropriate handicap ramps are required to be constructed along 25th Street adjacent to the subject property in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 7. 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). 8. 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 December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 3 subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 9. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 10. Per Sec. 29-102 an evaluation should be conducted on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. If the proposed development will cause or increase downstream flooding conditions, provisions to minimize such flooding conditions should be included in the design of the storm management improvements. Such provisions may include downstream improvements and/or detention of stormwater runoff and its regulated discharge to the downstream storm drainage system capacity. 11. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 12. A Traffic Study has been submitted and is under review. 13. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. FOG Analysis required if food prep on Site. 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. December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 4 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. 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 received. F. BUILDING CODES/LANDSCAPE: Building Code: No Comments Received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. 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 December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 5 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. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right-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. 4. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 5. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not opened to public parking. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. Landscape areas will need to be added for the commercial building. 6. An automatic irrigation system to water landscaped areas 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. H. ANALYSIS: Friendship Aspire Academy proposes to develop a middle school campus on this subject property located to the east of Maple Street between West 24th and West 25th Streets; two (2) blocks north of Asher Avenue. The proposed middle school campus will be an extension of the Friendship Aspire Academy Garland campus located immediately to the west. The project narrative from the applicant is as follows: December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 6 “The new Friendship Aspire Academy Middle school, which currently has a K-3rd grade elementary school at 3615 West 25th Street, will serve 4th-5th graders. The site is approximately 0.73 acres at West 24th Street, to the east of the existing Friendship Elementary School. The site is bordered by West 24th Street to the north and West 25th Street to the south and can be accessed from West 24th Street. Current zoning of the property is R-3. We are seeking CUP approval for the site to allow for the proposed school building. The proposed improvements are as follow: 1. Construction of a single story 8,740 sf middle school for 4th - 5th grades with associated parking. The project will consist of 8 classrooms and will serve 200 students. 2. There will be 8 classrooms, 1 admin office, building service space and associated parking. 3. An interior drive will be extended from the existing east parking lot and connect back to 24th Street. The drive will serve as drop off and pickup of students for both parents & busses. The drive will also include new parking spaces as required. 4. The site will meet the current Landscape Ordinance requirements. 5. An existing fence at the current school will be extended around the new site and a new security gate will be installed at the new drive off West 24th Street. 6. Existing dumpster and loading services for the existing school will be utilized for the new facility. Exterior ground mounted mechanical equipment will be screened per requirements. 7. Existing water mains and sewer lines as well as their easements from the previous subdivision will be abandoned and new utilities will be brought to the building. 8. A draft traffic study has been submitted for preliminary review. 9. The planned opening date is August of 2021.” December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 7 The proposed school building will be brick veneer with aluminum storefront windows measuring 6’ by 6’-4” tall. The building height will not exceed 20 feet. The proposed building will be located at the southeast corner of the site within the required setbacks. Access to the site will be from West 24th Street. The traffic will remain east bound only. Access drives and parking will extend along the north and west sides of the proposed school building. The site will contain 18 paved parking spaces. An interior drive will be extended from the existing west parking lot and connect back to West 24th Street. The drive will serve as drop off and pickup of students for both parents and buses. There will be no new or additional ground-mounted signage. The signage at the existing drive entry to the west will serve the new building. New ten (10) inch extruded aluminum letters reading ‘Friendship Aspire Academy” will be located on the north face of the building above the main entrance. There will not be a dumpster located for this building. The building will make use of existing screened dumpster facilities at the adjacent school building. The applicant notes that all site lighting will be low-level and directed onto the site and away from adjacent residential property. The applicant provided the following information with respect to an existing sewer easement located at the northeast corner of the site: “After further review of the site survey, it was found that there is an existing sewer easement on the site that would interfere with the proposed building footprint. Onsite investigation as well as a conversation with Vince Hotho at Little Rock Water Reclamation revealed there is no sewer piping present in this current easement. Further site investigations and research from OneCall revealed there were no other utilities present in this easement either. The applicant will submit a formal easement abandonment request to the city for this easement.” The sewer easement abandonment request will be submitted to the Board of Directors for approval after the Planning Commission’s action on this conditional use permit application. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge there December 3, 2020 ITEM NO.: 5 (Cont.) FILE NO.: Z-9543 8 are no outstanding issues. The applicant is requesting no variances with the proposed conditional use permit. Staff is supportive of the requested conditional use permit to allow development of the property as a middle school campus, an extension of the Garland School campus. Staff views the request was reasonable. The proposed school development should prove to be a quality development within this R-3 zoned area north of Asher Avenue. Staff believes the new middle school building and school expansion will be compatible with the neighborhood and have no adverse impact on the area. The applicant has submitted a traffic study for the proposed development which is currently being reviewed by the City’s Traffic Engineering Division. Any comments/conditions added as a result of Traffic Engineering’s review will be presented and added to staff’s recommendation at the public hearing. I. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit and associated easement abandonment, 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: (DECEMBER 3, 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. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 6 FILE NO.: Z-4517-A NAME: La Arandas Taqueria Private Club – PCD LOCATION: 4721 Baseline Road DEVELOPER: Masoud Investments, LLC 4721 Baseline Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Stephen S. Giles Dover, Dixon & Horne, PLLC 425 W. Capitol Avenue, Ste. 3700 Little Rock, AR 72201 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72005 AREA: 1.35 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.08 CURRENT ZONING: General Commercial District (C-3) VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to establish a restaurant as a private club to permit the sales of on-premises alcoholic beverage. The hours of operation will be 11:00 am to 10:00 pm, seven days a week. There will no live music or dancing of any nature. December 3, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-4517-A 2 B. EXISTING CONDITIONS: The property has an existing building approximately 10,000 square feet in area which contains several suites for mixed commercial use. Several of the suites are currently in use at the time of this application. Application for rezoning from single- family district to general commercial district was approved by the Planning Commission on August 27, 1985 (Z-4517). North of the property lies a mixture of commercial uses, planned developments and residential uses. To the west and east lies additional mixtures of commercial and office uses. Single family residences are located south of the property. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200-feet of the site and the Southwest Little Rock United for Progress, OUR Neighborhood Association and Upper Baseline Windamere Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial with a special design standard Dedication of right-of-way to 45 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that South Heights Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required at the intersection of Baseline Road and S. Heights Road. 4. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way if the existing signage is within right-of-way dedication. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. FOG Analysis required if food prep on site. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. December 3, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-4517-A 3 Fire Department: Full Plan Review. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comment. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Geyer Spring East 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 the property from C-3 (General Commercial District) to PCD (Planned Commercial Development) District to allow for a restaurant with a private alcohol license as well as C-3 uses. Surrounding the application area, the Land Use Plan shows Mixed Office Commercial (MOC) to the east and west. There is Residential Low Density (RL) shown to the south. To the north across Baseline Road is an area Commercial (C). Mixed Office Commercial provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. There are a mix of businesses and homes on the tracts east and west of the site. The Residential Low Density (RL) 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 Low Density area is developed with single- family detached homes. Commercial (C) 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 Commercial area consists of various commercial businesses and a retail center. December 3, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-4517-A 4 Master Street Plan: To the north is Baseline Road, it is shown as a Principal Arterial on the Master Street Plan. To the west of the site is South Heights Road which is a Local Street on the Master Street Plan. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline Road since it is a Principal 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 is a Class II Bike Route shown on Baseline Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. H. ANALYSIS: The applicant proposes to rezone the 1.35 acre property located at 4721 Baseline Road from "C-3" General Commercial District to "PCD" Planned Commercial District, to allow a portion of the existing commercial strip center building to be used as a private club (restaurant with alcohol sales). The applicant is proposing "C-3" General Commercial District permitted uses as alternate uses for the property. The property is located at the southeast corner of Baseline Road and S. Heights Road. According to the State Alcoholic Beverage Control (ABC), the property is located in a "dry pocket" within Pulaski County. In a dry area, the ABC requires that a restaurant with alcohol sales be classified as a "private club." The ABC requires that the governing body of a municipality approve a "private club" as noted below: "A private club application may only be submitted to the Alcoholic Beverage Control after the governing body of the county or municipality in which the private club seeks to be located has issued an ordinance approving the private club to operate in that county or municipality. " The subject property contains a 10,000 square foot commercial strip center building which has been in the process of being remodeled. The proposed restaurant with alcohol sales (private club) will occupy 3,000 square feet of the existing building. Other permitted C-3 uses will occupy the remainder of the building. The restaurant will operate from 11:00 am to 10:00 pm, seven (7) days per week. The applicant notes that there will be no outdoor dining, no live music and no dancing associated with the proposed restaurant use. December 3, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-4517-A 5 The applicant notes that there are 40 paved parking spaces located in front of the building, between the building and Baseline Road. Section 36-502 (b) (3) h. of the City’s Zoning Ordinance would typically require 44 parking spaces for the strip center building. There is additional paved area behind the building which can be used for overflow parking. Staff believes the existing parking is sufficient to serve the existing building. An existing ground-mounted sign is located along the north property line. The existing sign is approximately 20 feet tall and eight (8) feet wide. The applicant notes that this sign as well as any additional signage will conform with the typical C-3 zoning standards. The applicant notes that there will be a dumpster area on the site, located behind the existing building. The dumpster area must be screened as per Section 36-523 (d) of the code. The applicant also notes that any site lighting will be low-level and directed away from adjacent properties. 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 PCD rezoning. Staff is supportive of the requested PCD rezoning to allow a portion of the existing building to be used as a “private club” (restaurant with alcohol sales), with C-3 permitted uses an alternate uses. Staff views the request as reasonable. If the property were not located in a dry portion of the county, the restaurant with alcohol sales use would be a permitted use for this C-3 zoned property. The property is located along Baseline Road, principal arterial roadway. The general area contains a mixture of commercial uses and zoning along Baseline Road. The proposed PCD zoning will not to be out of character with other properties in the area, and the proposed use of the property should have no adverse impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD 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. C-3 permitted uses are approved as alternate uses for the property. December 3, 2020 ITEM NO.: 6 (Cont.) FILE NO.: Z-4517-A 6 PLANNING COMMISSION ACTION: (DECEMBER 3, 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. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 7 FILE NO.: Z-9544 NAME: Gray Duplex – Conditional Use Permit LOCATION: 8401 West 36th Street DEVELOPER: Joseph Gray 5601 Tall Pine Boulevard Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Joseph Gray, Owner SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Hensley, AR 72065 AREA: 0.22 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.06 CURRENT ZONING: R-3, Single-Family District VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to construct a single, two-story duplex unit on the 0.22 acre parcel. Each unit will be approximately 1993 square feet with an attached, single-car garage with one paved off-street parking space. A total of four (4) parking spaces will be constructed on the property. According to the applicant, the new unit will have "flat reinforced concrete slab; thermal insulated wood-frame; clad with a brick front and vinyl siding on three sides; vinyl clad thermal glazed windows; and a hip roof clad with asphalt shingles." December 3, 2020 ITEM NO.: 7 (Cont.) FILE NO.: Z-9544 2 B. EXISTING CONDITIONS: The property is located within a single-family residential neighborhood which contains a variety of housing types and sizes. The site is currently undeveloped and mostly grass covered. A mixture of commercial uses is to the west of the location. The property is currently zoned R-3, Single-Family District. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the John Barrow Neighborhood Association were notified of public hearing. D. ENGINEERING COMMENTS: 1. Per Sec. 31-210 (e) (4) of CLR code, driveways shall not located within 25 ft. from the right-of-way of an adjacent street. Label the dimension of the north edge of the proposed driveway to the 36th Street right-of-way. 2. At least 20 ft. should be provided from the face of the garage to the property line to prevent vehicles from parking within and blocking the public right-of-way as found in Sec. 30-5. 3. All driveways shall be concrete aprons per City Ordinance. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Separate sewer service line required for each building. 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. December 3, 2020 ITEM NO.: 7 (Cont.) FILE NO.: Z-9544 3 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 Boyle Park 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 R-2 (Single Family District) to PRD (Planned Residential Development) District to allow the construction of two duplexes on this 9100 square foot site. The proposal would be a development at a density of 19 units per acre. A paved drainage ditch bounds the site to the south. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) in all directions. The Residential Low Density (RL) 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. This is the John Barrow Subdivision. Most of the single-family houses in the area were constructed in the 1950s through early 1970s with a few infill houses constructed more recently. There are numerous vacant lots in the immediate vicinity and the greatly John Barrow area. Master Street Plan: To the north is 36th Street and it is shown as a Minor Arterial on the Master Street Plan. To the west is Cobb Street; which is a Local Street 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 36th 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. December 3, 2020 ITEM NO.: 7 (Cont.) FILE NO.: Z-9544 4 Bicycle Plan: There is a Class II Bike Route shown on 36th Street. A Bike Lane provides a portion of the pavement for the sole use of bicycles. H. ANALYSIS: The applicant is requesting a Conditional Use Permit for the property currently zoned R-3, Single-Family District. The rezoning is proposed to allow construction of one (1) duplex structure. The property currently is undeveloped. The property is located within a predominately single-family residential area with mixed commercial uses to the west of property along the intersection of West 36th Street and John Barrow Road. There is a mix of occupied homes and undeveloped R-3 zoned property throughout the general area of the subject property. The applicant proposes to construct the two (2) story building with approximately 1993 square feet for each duplex unit. The first level includes a living room, kitchen, dining area, and half-bath. The second level includes three (3) bedrooms, two (2) full baths, and laundry area. The overall square footage of 1993 includes the 242 square foot single car, attached garage. The building height is will not exceed thirty-five (35) feet as required by the City's Zoning Ordinance. The applicant proposes two (2) driveways from Cobb Street, approximately 21.6 feet in length to serve the two (2) units. The applicant is proposing a total of four (4) parking spaces, one (1) garage space and one (1) driveway space for each unit. Section 36-502 (b) (1) of the City's Zoning Ordinance requires 1.5 parking spaces per unit, or three (3) for this proposed development. The parking as proposed will be sufficient to serve the development. The proposed duplex structure will comply the required minimum building setbacks from all property lines, as per Section 36-255 (d) of the City’s Zoning Ordinance. To staff’s knowledge, there are no outstanding issues associated with this application. Staff believes the proposed duplex structure located at the southwest corner of West 36th and Cobb Streets is an appropriate use for this property. The duplex structure will only be a minor increase in the original platted density for this property. The proposed duplex structure will not be out of character with the general area. Other duplex structures are located throughout the John Barrow Neighborhood. Staff believes the proposed duplex will have no adverse impact on the subdivision or surrounding uses. December 3, 2020 ITEM NO.: 7 (Cont.) FILE NO.: Z-9544 5 I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in Sections D and E, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 3, 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. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 8 FILE NO.: Z-9545 NAME: Baker Healthcare – PCD LOCATION: 202 S. Rodney Parham Road DEVELOPER: W & V Cobb, LLC 1101 Robin Road Jonesboro, AR 72401 OWNER/AUTHORIZED AGENT: Frank Riggins – Agent Crafton Tull 10825 Financial Centre Parkway, Ste. 300 Little Rock, AR 72211 SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.41 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 3 CENSUS TRACT: 21.03 CURRENT ZONING: O-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the property from O-3 (General Office District) to PCD (Planned Commercial Development) District to allow for use of the property for the sales of medical equipment and C-3 uses. December 3, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-9545 2 B. EXISTING CONDITIONS: The site is zoned O-3 and is currently developed containing one existing structure. To the north and west of the site lies both C-3 and R-4 zoning. To the east and south lies additional O-3 zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200-feet of the site and the Briarwood, Kaylin Hills and Sunnymeade Neighborhood Associations along with the Wingate POA were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 2. 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. 3. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 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. 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 received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full Plan Review. Parks and Recreation: No comments received. December 3, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-9545 3 County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the West Little Rock Planning District. The Land Use Plan shows Office (O) for the requested area. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The application is to change the property from O-3 (General Office District) to PCD (Planned Commercial Development) District to allow for use of the property for the sales of medical equipment and C-3 uses. Surrounding the application area, the Land Use Plan shows Office (O) to the south and east. Public Institutional (Pl) use is shown to the north across Rodney Parham Road. To the east beyond the Office area and to the west are Commercial (C) areas. And south of the Office is Residential Low Density (RL) and Residential High Density (RH). The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical). Much of this area is development with small professional office uses. The Public Institutional (Pl) category 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. This area, across Rodney Parham Road, is an Elementary School, Post Office and an extension office. Commercial (C) 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 Commercial area to the east is a retail center with a mix of uses while the area to the west is several small commercial uses then a larger grocery and restaurant. The Residential Low Density (RL) 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. This area is an existing single-family subdivision with homes. The Residential High December 3, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-9545 4 Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The area is an apartment complex. Master Street Plan: To the north is Rodney Parham Road and it is a Minor Arterial on the Master Street Plan. To the west is Sunnydale Drive which is a Local Street 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 Rodney Parham Road 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 is a Class II Bike Route shown on Rodney Parham Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. H. ANALYSIS: The applicant proposes to rezone the 0.41 acre property located at 202 S. Rodney Parham Road from "O-3" General Office District to "PCD" Planned Commercial District. The rezoning is proposed to allow a retail medical equipment facility and "C-3" permitted uses as alternate uses. The property is located at the southeast corner of S. Rodney Parham Road and Sunnymeade Drive. The property contains a 3,588 square foot commercial building, one (1) story in height, located along the east property line. Asphalt parking is located along the west side of the building, between the building and Sunnymeade Drive. The applicant proposes to use the property as is, with only interior remodeling of the existing building. The property contains 17 paved parking spaces. A minimum of 12 parking spaces is required for a retail use to occupy the existing building. The existing parking will be sufficient to serve the proposed retail use. A small portion of the existing parking along the west property line extends into the Sunnymeade Drive right-of- way. The applicant will need to obtain a franchise permit to allow for the private improvements to be located within the right-of-way. The applicant proposes to refurbish and use the existing ground-mounted sign at the northeast corner of the property. The existing sign is 16.5 feet tall, with an area of approximately 57 square feet. Any wall signage must be located on the north December 3, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-9545 5 or west building facades, and comply with Section 36-555 (a) (2) a. of the City’s Zoning Ordinance. The applicant notes that a dumpster will be located at the southeast corner of the property. The dumpster area must be screened as per Section 36-523 (d). The applicant also notes that security lighting will be added to the building. All new lighting must be directed away from adjacent property. 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 PCD rezoning. Staff is supportive of the requested PCD rezoning to allow use of the existing developed property as a medical equipment retail business, with C-3 permitted uses as alternate uses. Staff views the request as reasonable. The property is located in an area of mixed uses and zoning, with a large amount of commercial zoning in the immediate area. C-3 zoning is located to the west across Sunnymeade Drive. A large commercial strip center (zoned PCD) is located approximately 200 feet to the east. The proposed commercial zoning will be compatible with the area and should have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD rezoning, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, in the agenda staff report. Staff also recommends that any future use(s) of the property comply with the parking requirements of Section 36-502 of the code. PLANNING COMMISSION ACTION: (DECEMBER 3, 2020) The applicant was present. There were no persons present registered in support and three (3) persons registered in opposition. Staff presented the applicant’s petition to 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 Rezoning, Article IV (2), which requires the applicant to submit proof that at least fifteen (15) days-notice of the Commission’s hearing has been given to all property owners within two hundred (200) feet of any tract for which rezoning has been petitioned. Staff explained that the notice was provided to the applicant in adequate time for the applicant to meet the requirement. Therefore, Staff did not support the Bylaw Waiver. December 3, 2020 ITEM NO.: 8 (Cont.) FILE NO.: Z-9545 6 Frank Riggins, Vice-President of Crafton Tull, addressed the Commission in support of the bylaw waiver petition. He stated that in thirty (30) years in his profession this error has never occurred. Mr. Riggins stated that upon discovery of the oversight, he attempted to contact all the property owners within two hundred (200) feet of the subject property to explain the error and to discuss the proposal. Mr. Riggins presented signed affidavits from five (5) property owners who did not object to the proposal. Director Collins added that the Legal Notice was published in a local newspaper of general circulation (i.e., The Daily Record) one time at least fifteen (15) days prior to said hearing as required by state law. Shawn Overton, City Attorney, expressed his concern regarding the importance of the adherence to and consistency in the due process of legal and required notifications to all property owners within two hundred (200) feet of any proposal. He emphasized caution in a decision which will result in establishing precedence as it relates to the Bylaws of the Planning Commission. The Commission inquired about the number of property owners required to be notified and the number of persons registered in opposition. The applicant stated that ten (10) property owners required notification. Staff added there were three (3) persons registered in opposition. There was a motion to approve the Waiver of Bylaws as petitioned by the applicant. The motion was seconded. The vote was 1 aye, 9 nays, and 1 absent. The petition was denied. There was another motion to defer the item to the January 14, 2021 agenda. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. The application was deferred. December 3, 2020 ITEM NO.: 9 FILE NO.: Z-6274-D NAME: Ahern Rentals – Revised PCD LOCATION: 9110 Interstate 30 DEVELOPER: DFA, LLC 8350 Eastgate Road Henderson, NV 89015 OWNER/AUTHORIZED AGENT: Drew Crawford, Authorized Agent SURVEYOR/ENGINEER: Arkansas Surveying & Consulting 15825 Childress Road Bauxite, AR 72011 AREA: 3.44 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 20.01 CURRENT ZONING: PCD, Planned Commercial Development VARIANCE/WAIVERS: None Requested. A. BACKGROUND: On July 14, 2011, The Little Rock Planning Commission recommended approval of a Planned Commercial Development (PCD) proposal to allow Rodney’s Cycle House, Inc. to utilize the site for motorcycle sales and service; trailer sales; restaurant with bar; motorcycle auctions; rental of motorcycle storage space; an apartment for security living space; barber shop; and special events (charity and December 3, 2020 ITEM NO.: 9 (Cont.) FILE NO.: Z-6274-D 2 other) outside. The Little Rock Board of Directors adopted Ordinance No. 20,463 on September 6, 2011, to approve and establish the Planned Commercial District. B. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting the approval of a Revised PCD to allow for the use of this existing, developed site for heavy construction and high-reach equipment rental, sales and repair. According to the applicant, their plan includes “using the existing footprint of the buildings with minimal cosmetic upgrades to brand the structures according to the Ahern standard. They will be installing new fuel and propane islands as well as charging stations for the equipment service department.” C. EXISTING CONDITIONS: The property fronts the I-30 Frontage Road and is located within an area of mixed uses and zoning. Located to the west are an undeveloped, wooded tract; a vacant commercial building; and an apartment development. Adjacent to the northwest is an apartment development. The GSA Community Center is adjacent to the east. Other uses in the area include a single-family subdivision further to the north and commercial businesses fronting University Avenue to the northeast. D. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and South Brookwood, Town and Country, and Southwest Little Rock United for Progress Neighborhood Associations were notified of public hearing. E. ENGINEERING COMMENTS: 1. For any improvements adjacent to interstate 30 access road, obtain permits for improvements within State Highway ROW from AHTD, District VI. 2. 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). F. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer available at this site. Entergy: No comments received. December 3, 2020 ITEM NO.: 9 (Cont.) FILE NO.: Z-6274-D 3 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. G. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. 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. H. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: The request is in the Geyer Springs West 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 revise the existing PCD (Planned Commercial Development) District to allow the display and sales service of construction equipment on site. The Land Use Plan shows Commercial (C) to the west. Residential High Density (RH) is shown on the Plan to the north of the application area. East of the site is Public Institutional (PI) with Residential Low Density (RL) further east. South, across Interstate 30 is an area of Light Industrial (LI) use. Commercial (C) category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. This is area is vacant adjacent to the site with a commercial business further to the west. Residential December 3, 2020 ITEM NO.: 9 (Cont.) FILE NO.: Z-6274-D 4 High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. There is an apartment complex on this site. The Public Institutional (PI) category 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. A religious institution can be found on the land. The Residential Low Density (RL) 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. An existing single-family subdivision is in this area with homes on the lots. The Light Industrial (LI) category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. Riggs Tract is on this site (sales and service of light machinery). Master Street Plan: To the south is the interstate frontage road, the Master Street Plan shows a Freeway south of the project site. Freeways are intended to serve through long distance trips, they are always designed as full access control roads (no direct access). Bicycle Plan: There are no bike routes shown in the immediate vicinity. I. ANALYSIS: The applicant proposes to revise the existing PCD zoning to allow an equipment rental, sales and repair business, Ahern Rentals. The applicant’s specific request is as follows: "Ahern Rentals intends to purchase the Rodney’s Cycle House property, 91101 I-30 W, from Rodney Roberts and continue to use the existing steel buildings as show room, office, and service space. The existing pole barn structures will be used to house equipment for staging and transport. They do not foresee significant challenges in their plan as they are using the existing footprint of the buildings with minimal cosmetic upgrades to brand the structures according the Ahern standard. They will be installing new fuel and propane islands as well as charging stations for the equipment service department." The property contains an 18,000 square foot building which will be used for showroom and office space. A 9,375 square foot building is located at the northwest corner of the property and will be used to service equipment. Two (2) existing pole barn-type structures, 3,692 and 4,628 square feet in area, are located December 3, 2020 ITEM NO.: 9 (Cont.) FILE NO.: Z-6274-D 5 within the east half of the property and will be used for equipment staging and return areas. Equipment charging stations will be located on the east side of the office/showroom building. Fuel and propane islands will be located on the west side of the northernmost pole barn structure. Employee/customer parking and equipment display will be located within the south half of the property, between the buildings and the I-30 service road. The applicant notes that a dumpster area will be located on the north side of the service building, and be screened as required. The dumpster area must be screened as per Section 36-523 (d) of the City’s Zoning Ordinance. The applicant provided the following information regarding site lighting: "Existing lighting plan will be utilized. Street light style flood lights are mounted to utility poles at the southern end of the property pointing back at the property and at the south western corner of the show room illuminating the parking lot and entry to the property. Security style flood lights are placed approximately every 60 feet on the southern side of existing structures and approximately every 100 feet on the interior sides of existing structures. " All site lighting must be directed away from adjacent properties. Existing wall and ground-mounted signage exists on the property. The applicant proposes to utilize the existing signage with updated wording/copy for the new business. Any proposed new signage must comply with Section 36-555 (signage allowed in commercial zones) of the code. The entire site is fenced with chain-link and wood fencing. No new fencing is proposed. The majority of the property is paved, based on the initial use of the property as a lumberyard. There is sufficient space to provide the parking needed for the proposed business. 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 PCD rezoning. December 3, 2020 ITEM NO.: 9 (Cont.) FILE NO.: Z-6274-D 6 Staff is supportive of the requested Revised PCD zoning to allow use of the existing developed property as an equipment rental, sales and repair business. Staff views the request as reasonable. The property is located along a major interstate, with other similar uses in the general area. A large equipment sales and service business (Riggs/CAT) is located across I-30 to the south. A truck rental business (U-Haul) is located to the west, on the west side N. Chicot Road. There are other heavy commercial and light industrial uses and zoning in this general area. Given the fact that this property was zoned C-4 prior to being zoned PCD, staff will suggest C-4 permitted uses be approved as alternate uses for the Revised PCD zoning. This will allow some flexibility in the future use of the property, if the equipment rental, sales and service business vacates the property. Otherwise, staff believes the proposed use of the property will have no adverse impact on the area. J. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD zoning, subject to the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs E, F and G, and the Staff Analysis, in the agenda staff report. 2. C-4 permitted uses are approved as alternate uses for the property. PLANNING COMMISSION ACTION: (DECEMBER 3, 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. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. December 3, 2020 ITEM NO.: 10 FILE NO.: Z-9546 NAME: Rezoning from R-3 to O-1 LOCATION: 1000/1100 block of Jonesboro Drive – east side DEVELOPER: City of Little Rock 500 West Markham Street Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: City of Little Rock AREA: Approximately NUMBER OF LOTS: 1 ½ blocks FT. NEW STREET: 0 LF 2.06 acres WARD: 2 PLANNING DISTRICT: 9 CENSUS TRACT: 18 CURRENTLY ZONING: R-3 VARIANCES/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone all of Block 22 and the north ½ of Block 27, Cunningham Addition (except that portion located within the Jonesboro Drive right- of-way) from "R-3" Single Family District to "O-1" Quiet Office District. The rezoning is proposed to allow a future daycare development. B. EXISTING CONDITIONS: The property is undeveloped and mostly grass covered. There is a scattering of trees throughout the property. An old paved roadway runs through the north portion (Block 22). December 3, 2020 ITEM NO.: 10 (Cont.) FILE NO.: Z-9546 2 C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Hope, Oak Forest and Forest Hills Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: No Comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. CenterPoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No Comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No Comments. Landscape: No Comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No Comments. Planning Division: The request is in the I-630 Planning District. The Land Use Plan shows Park/Open Space (PK/OS) for the requested area. The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The application is to change the property from R-3 (Single Family District) to O-1 (Quiet Office District) to allow for future development. December 3, 2020 ITEM NO.: 10 (Cont.) FILE NO.: Z-9546 3 Surrounding the application area, the Land Use Plan shows Public Institutional (PI) to the north and southeast. Residential Low Density (RL) is shown to the east. To the west is shown as Park/Open Space (PK/OS). The Public Institutional (PI) category 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. To the north is a branch public library and to the southeast is a church. The Residential Low Density (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. There is a development single-family subdivision to the east of the site. The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. This is the land along and to the west of Jonesboro Drive. Master Street Plan: To the north is 10th Street, to the east is Monroe Street and 11th Street traverses the site from east to west. All three roads are is a Local Street on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. 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 City of Little Rock, owner of the 2.06 acre property located within the 1000/1100 blocks of Jonesboro Drive (east side), is requesting that the property be rezoned from "R-3" Single Family District to "O-1" Quiet Office District. The property is comprised of all of Block 22 and the north one-half of Block 27, Cunningham Addition, except that portion located in the Jonesboro Drive right-of- way (zoned PR). The rezoning is proposed to allow a future daycare development. The property is currently undeveloped. The property is located in an area of mixed zoning and uses. A mixture of commercial and office uses is located along West 12th Street to the south (zoned O-3, C-3 and PD-C). A large multifamily development, zoned PRD, is located on the south side of West 12th Street. Single family residences and undeveloped lots are located to the east and west. The Central Arkansas Library System Children’s Library and Learning Center, including gardens and green house areas, is located on the O-1 zoned property to the north along the south side of I-630. The City’s Future Land Use Plan designates this property as "PK/OS" Park/Open Space. The requested O-1 zoning does not require an amendment to the future plan. December 3, 2020 ITEM NO.: 10 (Cont.) FILE NO.: Z-9546 4 Staff is supportive of the requested O-1 rezoning. Staff views the request as reasonable. The proposed O-1 zoning will be compatible with the area, as the property immediately to the north is zoned O-1. O-3 zoning exists to the southeast, west and northwest. The proposed O-1 zoning will represent a continuation of the zoning pattern along Jonesboro Drive, between West 12th Street and I-630. Staff believes the proposed O-1 zoning will have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested O-1 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 3, 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. The vote was 10 ayes, 0 nays and 1 absent. The application was approved. PLANNING COMMISSION VOTE RECORD DATE 12' 03.2,0 �eoo- BERRY, CRAIG BETTON, HAROLD MD : • • CK, THOMAS L. I ©o©000mm ammm BROOKS, 00M00MMMM MMMMMI HAMILTON, SCOTT MMMM110% PAFMMMMM MMM1MM mill mii1111 INE01111111 mmmommommmms HAYNES, MARLON D. MMINUAMMMMMIMMMEMM M M RAHMAN, ROBBIN S. ..wmMmMMM.MMMMMM Im IMMMIM ,THOMAS, DIANA M. 0MmmMMMMMMMM1MMM MMMMM ,VICKERS, MICHAEL MmmMMMMMM111MM11 MM VOGEL, ROBBY mMmMMMMMM MM MM �eoo- Meeting Adjourned �' 2-5 PM ✓ AYE ° NAYE A ABSENT A5 ABSTAIN R RECUSE : • • CK, THOMAS L. I ©o©000mm ammm BROOKS, 00M00MMMM MMMMMI HAMILTON, • M©0000MMmM MMM1MM • • M MMmMmm©MmMM MMmMmnMM1 M M &AHMAN, ROBBIN S. MMMmmnMM Im IMMMIM THOMAS, DIANA M. IMMMOMMOMM MMMMM VICKERS, MICHAEL wMmmMw©MMMMM® MM VOGEL, ROBBY mMmmMwMMMMMMM MM Meeting Adjourned �' 2-5 PM ✓ AYE ° NAYE A ABSENT A5 ABSTAIN R RECUSE December 3, 2020 There being no further business before the Commission, the meeting was adjourned at 6:25 p.m. Date Chairman Secretary