The URL can be used to link to this page

pc_01 14 2021 LITTLE ROCK PLANNING COMMISSION SUMMARY AND MINUTE RECORD JANUARY 14, 2021 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Craig Berry Harold Betton Thomas L. Brock Derick Brooks Scott D. Hamilton Todd Hart Marlon D. Haynes Robbin Rahman Diana M. Thomas Michael Vickers Robby Vogel Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the December 3, 2020 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION AGENDA JANUARY 14, 2021 OLD BUSINESS: Item Number: File Number: Title: A. Z-9508 Posh Automotive Short-form PCD 8900 Colonel Glenn Road B. Z-9545 Baker Healthcare – PCD 202 South Rodney Parham Road C. Discussion of Land Use Review Central Area (I-630 to I-430 to Railroad) D. Discussion of process for Extra-Territorial Zoning Implementation NEW BUSINESS: Item Number: File Number: Title: 1. S-1883 Shiloh Grove, Phases I and II – Preliminary Plat West end of Oxford Valley Drive 2. Z-9552 Rezoning from R-3 to I-2 5424 West 33rd Street 3. Z-7697-A Rezoning from R-2 to C-1 14103 Taylor Loop Road 4. Z-5352-A Rezoning from C-3 to C-4 6504 Mabelvale Cutoff 5. Z-9548 Phillips Duplexes – Conditional Use Permit 4404 Ludwig Street Agenda Page, Two NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 6. Z-9551 Arium Development, LLC – PRD 2204 West 10th Street 7. Z-7549-A ERB Holdings, LLC – PCD 19410/19420 Cantrell Road 8. Z-5224-H National Property Holdings, LLC – Revised PCD 18406 Cantrell Road 9. Z-4607-C Perry Homes – PRD 1501-1509 South Izard Street 10. LA-0088-A 15122 Cantrell Road Revised Advanced Grading Variance 15122 Cantrell Road 11. LA-0090 1900 West 3rd Street Advanced Grading Variance 1900 West 3rd Street 12. LA-0091 14524 Cantrell Road Advanced Grading Variance 14524 Cantrell Road January 14, 2021 ITEM NO.: A FILE NO.: Z-9508 NAME: Posh Automotive Short-form PCD LOCATION: 8900 Colonel Glenn Road DEVELOPER: Anthony Hill 30 Wedgewood Creek Drive Little Rock, AR 72210 501-420-4474 OWNER/AUTHORIZED AGENT: Anthony Hill/Owner Rogue Architecture/Authorized Agent SURVEYOR/ENGINEER: Trotter Surveying/Surveyor AREA: 1.29 acres NUMBER OF LOTS: 9 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.05 CURRENT ZONING: C-3, General Commercial District and R-4, Two-Family Residential District ALLOWED USES: C-3 uses and R-4 uses PROPOSED ZONING: PCD, Planned Industrial Development PROPOSED USE: Automobile Sales (Used) VARIANCE/WAIVERS: STAFF UPDATE: The applicant did not provide responses to the subdivision committee comments in a timely manner; therefore, the item must be deferred. Staff recommends approval of the deferral to the next scheduled meeting, as determined by staff. January 14, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9508 2 PLANNING COMMISSION ACTION: (MAY 14, 2020) The applicants were not present. There were no other persons registered in attendance. Staff presented the item and the recommendation of deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the next scheduled meeting. The vote was 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant has not provided staff with the additional information needed for staff to review the proposed PCD development. Staff recommends that the application be deferred to the next available meeting, as determined by staff. PLANNING COMMISSION ACTION: (JUNE 25, 2020) The applicants were not present. There were no other persons registered in attendance. Staff presented the item and the recommendation of deferral. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the next scheduled meeting. The vote was 11 ayes, 0 noes and 0 absent. STAFF UPDATE: The applicant submitted a letter to staff on August 24, 2020 requesting this application be deferred to the October 29, 2020 agenda. The applicant has hired a design professional to provide a site plan for the proposed development. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020) The applicant was not present. There were no persons present registered in support or opposition. Staff informed the Commission that the applicant submitted a letter to staff on August 24, 2020 requesting this application be deferred to the October 29, 2020 Agenda. The applicant has hired a design professional to provide a site plan for the proposed development. Staff supported the deferral request. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent. January 14, 2021 ITEM NO.: A (Cont.) FILE NO.: Z-9508 3 STAFF UPDATE: The applicant submitted a letter to staff on October 6, 2020 requesting this application be deferred to the next scheduled agenda after the December 3, 2020 agenda. The applicant is in the process of obtaining an adjacent piece of property to include in the application. The site plan cannot be completed until the additional property is obtained. Staff supports the deferral request, however, this is the last deferral that staff will support. 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 6, 2020 requesting this application be deferred to the next scheduled agenda after the December 3, 2020 agenda. The applicant is in the process of obtaining an adjacent piece of property to include in the application. The site cannot be completed until the additional property is obtained. Staff supported the deferral request. However, this is the last deferral that staff will support. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. STAFF UPDATE: The applicant submitted a letter to staff on December 2, 2020 requesting that this application be withdrawn, without prejudice. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) 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 December 2, 2020 requesting that this application be withdrawn, without prejudice. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: B 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. January 14, 2021 ITEM NO.: B (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. January 14, 2021 ITEM NO.: B (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 January 14, 2021 ITEM NO.: B (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 January 14, 2021 ITEM NO.: B (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. January 14, 2021 ITEM NO.: B (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. STAFF UPDATE: At the request of staff, the applicant provided the following hours of operation for the proposed Baker Healthcare use of the property: · 8:00 a.m. to 5:00 p.m., Monday through Friday Staff continues to support the requested PCD zoning as noted on page 5 of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) Frank Riggins was present, representing the application. There were three (3) persons registered in opposition. Staff presented the item and a recommendation for approval as January 14, 2021 ITEM NO.: B (Cont.) FILE NO.: Z-9545 7 outlined in the “staff recommendation” above. The applicant deferred to the registered opposition. Ruth Bell, President of the Pulaski County League of Women’s Voters, addressed the Commission in opposition to the application. She expressed concerns regarding increased traffic and the additional C-3 uses. Dianna Noe addressed the Commission in opposition to the application. She expressed concerns regarding the extended C-3 uses included in the proposed Planned Commercial Development. Rose Bradley addressed the Commission in opposition to the application. She expressed concerns regarding not receiving the hearing notice. Staff informed the Commission that the applicant notified all property owners from the certified abstract list. Ms. Bradley also stated objection to the extended C-3 uses in the proposed Planned Commercial Development. Mr. Riggings addressed the Commission in support of the application. He requested an amendment of the Planned Commercial Development proposal to exclude any additional C-3 uses. There was a motion to approve the application. The motion was seconded. The vote was 11 ayes, 0 nays, and 0 absent. The application was approved. January 14, 2021 ITEM NO.: 1 FILE NO.: S-1883 NAME: Shiloh Grove, Phases I and II – Preliminary Plat LOCATION: West end of Oxford Valley Drive DEVELOPER: E-Steps Investor, LLC 1518 Brookshire Drive Benton, AR 72019 OWNER/AUTHORIZED AGENT: Holloway Engineering, Surveying and Civil Design, PLLC Jess Griffin 200 Casey Drive Maumelle, AR 72113 SURVEYOR/ENGINEER: Holloway Engineering AREA: 21.556 acres NUMBER OF LOTS: 103 FT. NEW STREET: 4,090 LF WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.05 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. Advanced grading variance 2. Variance to allow reduced rear building setbacks. 3. Variance to allow reduced side building setbacks. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to subdivide 21.556 acres into 103 lots for single family residential development, with 4,090 linear feet of new streets. The proposed subdivision will take access from the west end of Oxford Valley Drive. January 14, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1883 2 B. EXISTING CONDITIONS: The property is currently undeveloped and wooded. C. NEIGHBORHOOD COMMENTS: All owners of abutting property and the Legion Hut, Oxford Valley, Shiloh HOA and SWLR United for Progress 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 including 5-foot sidewalks with planned development. Consideration should be given to the soil conditions in this area for required street design. The proposed street section does not conform with CLR residential street standard detail PW-22. 2. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is a variance being requested to advance grade Phase II with construction of Phase 1? Is a variance also being requested to advance grade the lots prior to final platting of the subdivision? 3. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 4. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Access from the public right-of-way to detention ponds is required to be provided. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or property owner's association. The Bill of Assurance should clearly state the detention pond maintenance responsibilities. 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. 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. 7. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. January 14, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1883 3 8. 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. 9. 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. 10. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50' back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersections. Building lines should be adjusted on corner lots to provide the required sight triangle. 11. Striped pedestrian crossings are only required at signalized intersections. 12. The proposed right-of-way dedication and boundary street improvements meet Master Street Plan requirements. 13. Legal unobstructed access must be provided to the proposed Open Space tracts for future maintenance. 14. 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. 15. 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. Narrow tract land is suggested to be provided in place of drainage easements to prevent obstructions. 16. All public drainage easements must contain drainage infrastructure approved by the City of Little Rock Public Works Department. 17. 100-year overflow swales must be constructed and placed within public drainage easements. 18. Access to detention ponds must be provided to the public right-of-way and/or access easement for future maintenance by the developer and/or local property owners’ association. 19. Show proposed location(s) of USPS cluster box units in conformance with USPS and City of Little Rock policy design standards. 20. 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. January 14, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1883 4 21. Temporary gravel turnarounds should be provided at the end of streets for City vehicles. 22. Street names and street naming conventions must be approved by Public Works. It is suggested that "Drive" be used as the suffix for Antero St. and Elbert St. "Drive" is typical in this area of the City of Little Rock. Contact Glenn Haley at (501) 371-4537. 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. 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. 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. January 14, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1883 5 Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. 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 January 14, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1883 6 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. 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: No comments. ANALYSIS: The applicant proposes to subdivide 21.556 acres into 103 lots. The property is zoned "R-2" Single Family District and is located at the west end of Oxford Valley Drive. The average lot size proposed is 0.158 acre or 6,882 square feet. The development will contain 4,090 linear feet of new streets. The proposed plat shows a 25 foot front platted building line for all lots. The applicant proposes to final plat the proposed subdivision in two (2) phases. Phase I will include Lots 1 through 43 and Lots 66 through 77. Phase II will include Lots 44 through 65 and Lots 78 through 103. The applicant is proposing 15 foot rear building setbacks and five (5) foot side building setbacks for the subdivision. Section 36-254 (d) (3) of the City’s Zoning Ordinance requires a minimum 25 foot rear setbacks for R-2 zoned lots. Section 36-254 (d) (2) requires minimum side setbacks of eight (8) feet or 10 percent of January 14, 2021 ITEM NO.: 1 (Cont.) FILE NO.: S-1883 7 the lot width (for lots less than 80 feet wide). Therefore, the applicant is requesting variances from these ordinance requirements for the subdivision. The applicant is also requesting a variance from the Land Alteration Regulations to advance grade Phase II of the proposed subdivision with the issuance of a grading permit for Phase I. Staff supports the advance grading variance request. 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: (JANUARY 14, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 2 FILE NO.: Z-9552 NAME: Rezoning from R-3 to I-2 LOCATION: 5424 West 33rd Street DEVELOPER: Larry West 5500 West 33rd Street Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Peter Rosenow – Owner 2616 Birch Street Benton, AR 72015 SURVEYOR/ENGINEER: Harbor Surveying 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 9 CENSUS TRACT: 19 CURRENT ZONING: R-3 VARIANCE/WAIVERS: 1. None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.16 acre lot from "R-3" Single Family District to "I-2" Light Industrial District. The rezoning is proposed to allow a parking lot to serve the existing auto repair business across S. Polk Street to the west. B. EXISTING CONDITIONS: The property is currently undeveloped and mostly grass covered. January 14, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9552 2 C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Oak Forest, South of Asher and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Polk Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Polk Street and 33rd Street. 3. Due to the proposed use of the property, the Master Street Plan specifies that 33rd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. January 14, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9552 3 Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. January 14, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9552 4 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. 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 Light Industrial (LI) for the requested area. This 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 application is to change the property from R-3 (Single Family District) to I-2 (Light Industrial District) to allow for future development of the site. Surrounding the application area, the Land Use Plan shows Light Industrial (LI) to the east, south and west. To the north along Asher Avenue is shown as Commercial (C). 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. There are auto related heavy commercial uses to the east and south east. To the south and west within this ‘Industrial area’ are single-family homes. These homes are on R-3 Single Family, R-4 Two Family and I-2 Light Industrial zoned land. The 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. This area is occupied with auto related heavy commercial uses and a restaurant. Master Street Plan: To the south is 33rd Street and to the west is Polk Street, both are 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 January 14, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9552 5 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: Peter Rosenow, owner of the 0.16 acre property located at 5424 West 33rd Street, is requesting that the property be rezoned from "R-3" Single Family District to "I-2" Light Industrial District. The property is located at the northeast corner of West 33rd Street and S. Polk Street, and is comprised of one (1) platted lot (Lot 7, Block 1, Ruebel and Leymer Addition). The rezoning is proposed in order to develop the property into a parking lot to serve the existing auto repair use located across S. Polk Street to the west. The property is located in an area which contains mixed zoning and uses, near the intersection of Asher Avenue and Mabelvale Pike/Fair Park Blvd. Mixed commercial uses (zoned C-3) are located to the north along Asher Avenue. I-2 zoned property and uses are located to the west, across S. Polk Street. Single family residences (zoned I-2 and R-3) are located to the south across West 33rd Street. Mixed commercial uses are located to the southeast along Mabelvale Pike. Two (2) single family residences and mixed commercial uses are located to the east. The City’s Future Land Use Plan designates this property as "LI" Light Industrial. The requested I-2 zoning will not require a plan amendment. Staff is supportive of the requested I-2 zoning. Staff views the request as reasonable. The applicant is requesting to rezone this lot to I-2 in order to develop parking for the auto repair use on the existing I-2 zoned property immediately to the west across S. Polk Street. There is additional I-2 zoned property to the south, southwest, east and southeast, with commercial zoned property to the north. The zoning of the subject property to I-2 will represent a continuation of the zoning pattern in this general area and will be consistent with the City’s Future Land Use Plan. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested I-2 rezoning. January 14, 2021 ITEM NO.: 2 (Cont.) FILE NO.: Z-9552 6 PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 3 FILE NO.: Z-7697-A NAME: Rezoning from R-2 to C-1 LOCATION: 14103 Taylor Loop Road DEVELOPER: Amber Wood – Agent 2400 Louisiana Street Little Rock, AR 72206 OWNER/AUTHORIZED AGENT: John and Frances Knowles Revocable Trust – Owner 4703 Katillus Road Little Rock, AR 72223 SURVEYOR/ENGINEER: Aaron Surveying P. O. Box 13087 Maumelle, AR 72113 AREA: 0.90 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.14 CURRENT ZONING: R-2 VARIANCE/WAIVERS: 1. None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.90 acre property located at 14103 Taylor Loop Road from "R-2" Single Family District to "C-1" Neighborhood Commercial District. The rezoning is proposed to allow the site to be developed for a nail salon business. January 14, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-7697-A 2 B. EXISTING CONDITIONS: Two (2) single family residential structures are currently located on the site. A paved driveway is located along the south property line. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Westbury and Westchester Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. The provided survey shows the property to front Cantrell Road right-of-way with a 90 ft. right-of-way width. Please revise with accurate right-of-way information. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Separate sewer service required for each lot. Entergy: No comments received. CenterPoint Energy: No comments. 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, unless buildings are involved. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. January 14, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-7697-A 3 Planning Division: The request is in the River Mountain Planning District. The Land Use Plan shows Transition (T) for the requested area. Transition is a 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 application is to change the property from R-2 (Single Family District) to C-1 (Neighborhood Commercial District) to allow the future commercial development of the site. Surrounding the application area, the Land Use Plan shows Transition (T) to the north and south. The Residential Low Density (RL) is shown to the east of the site. Across Taylor Loop Road to the west is Commercial (C). Transition is a 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. Within the Transition area are several single-family homes and one business. 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. There are existing single-family homes on the land along Jerry Drive. The 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. This area is occupied by a branch bank and an Easter Seals facility. Further to the southwest along Taylor Loop road is more Transition with professional office uses. Master Street Plan: To the west is Taylor Loop Road and it is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Taylor Loop Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class II Bike Route shown on Taylor Loop Road. A Bike Lane provides a portion of the pavement for the sole use of bicycles. January 14, 2021 ITEM NO.: 3 (Cont.) FILE NO.: Z-7697-A 4 H. ANALYSIS: The John and Frances Knowles Revocable Trust, owner of the 0.90 acre property located at 14103 Taylor Loop Road, is requesting that the property be rezoned from "R-2" Single Family District to "C-1" Neighborhood Commercial District. The property is located on the east side of Taylor Loop Road (south of Cantrell Road) and is comprised of two (2) lots. The rezoning is proposed to allow for the development of a nail salon. The general area where the property is located contains a mixture of zoning and uses. Two (2) single family residences, a convenience store and mixed commercial uses are located to the north along Cantrell Road. An animal clinic, dental clinic, branch bank and other commercial uses are located across Taylor Loop Road to the west. An office zoned property and single family residences are located to the south. Single family residences are also located to the east. The City’s Future Land Use Plan designates this property as "T" Transition. The requested C-1 zoning will not require a plan amendment. Staff is supportive of the requested C-1 zoning. Staff views the request as reasonable. Staff believes that the proposed C-1 zoning will allow the appropriate transition from the single family uses and zoning to the south to the heavier commercial uses and zoning to the north along Cantrell Road. The subject property is sandwiched between an office development immediately along its south boundary and a convenience store with gas pumps development two (2) properties to the north at the southeast corner of Cantrell Road and Taylor Loop Road. The existing POD zoning at 14116 Taylor Loop Road to the southwest previously contained a beauty salon/beauty school development. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-1 rezoning. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 4 FILE NO.: Z-5352-A NAME: Rezoning from C-3 to C-4 LOCATION: 6504 Mabelvale Cut-off DEVELOPER: Luke Butt 4115 Commonwealth Drive Bryant, AR 72022 OWNER/AUTHORIZED AGENT: Luke Butt – Owner SURVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.568 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 15 CENSUS TRACT: 41.06 CURRENT ZONING: C-3 VARIANCE/WAIVERS: 1. None requested. BACKGROUND: A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.568 acre property located at 6504 Mabelvale Cut-off from "C-3" General Commercial District to "C-4" Open Display District. The rezoning is proposed to allow the site to be developed for a used car sales business. January 14, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-5352-A 2 B. EXISTING CONDITIONS: The property is currently undeveloped. The majority of the property is covered in concrete parking and driveway from Mabelvale Cut-off. The property previously contained a self-service carwash building with vacuum islands. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Allendale, Chicot, Yorkwood, OUR and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: No comments. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: No comments. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments, unless buildings are involved. Landscape: No comments. G. 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. The Commercial category includes a broad range of retail and wholesale sales of January 14, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-5352-A 3 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 change the property from C-3 (General Commercial District) to C-4 (Open Display Commercial District) to allow for the future development of commercial uses. Surrounding the application area, the Land Use Plan shows Commercial (C) to the west and east. Residential High Density (RH) use is shown to the north and across Mabelvale Cutoff Road to the south. 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 convenience store while the land is vacant undeveloped to the west. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The area to the north is an apartment complex. South of Mabelvale Cutoff Road the Residential High Density land is wooded and vacant. Master Street Plan: To the south is Mabelvale Cutoff Road and it is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. H. ANALYSIS: Luke Butt, owner of the 0.568 acre property located at 6504 Mabelvale Cut-off, is requesting that the property be rezoned from "C-3" General Commercial District to "C-4" Open Display District. The property is located on the north side of Mabelvale Cut-off, between Stillman Drive and Warren Drive. The rezoning is proposed to allow an auto sales business. The property is currently undeveloped, with the majority of the property being covered with a concrete slab left over from the previous use of the property. The property previously contained a self-serve carwash facility with self-serve vacuum islands. A convenience store with gas pumps is located immediately east of the site, at the northwest corner of Mabelvale Cut-off and Stillman Drive. A salon type use is located at the northeast corner of Mabelvale Cut-off and Stillman Drive. Undeveloped C-3 zoned property is located immediately to the west. Multifamily developments and undeveloped multifamily zoned property (zoned MF-24 and MF-18) are located immediately to the north and south across Mabelvale Cut-off. January 14, 2021 ITEM NO.: 4 (Cont.) FILE NO.: Z-5352-A 4 The City’s Future Land Use Plan designates this property as "C" Commercial. The requested C-4 zoning will not require a plan amendment. Staff is supportive of the requested C-4 zoning. Staff views the request as reasonable. The property is currently zoned C-3 and has a history of having a C-4 use (car wash) located on it. The proposed C-4 zoning is also consistent with the City’s Future Land Use Plan designation of "C" Commercial. The requested rezoning should have no adverse impact on the general area. I. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 5 FILE NO.: Z-9548 NAME: Phillips Duplexes – Conditional Use Permit LOCATION: 4404 Ludwig Street DEVELOPER: Savage Properties, LLC Stanley Phillips 6204 Sandy Lane Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: George Randall Wright – Owner 19000 Kanis Road Little Rock, AR 72223 SURVEYOR/ENGINEER: Harbor Surveying 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.415 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.05 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a conditional use permit to allow for the construction of two (2) duplex structures on two (2) lots (one (1) per lot) at 4404 Ludwig Street. B. EXISTING CONDITIONS: The property is located within a single-family residential neighborhood which contains a variety of housing types and sizes. The site currently contains one January 14, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9548 2 (1) single family residence located near the center of the property. A gravel driveway with paved apron serves as access to the property. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the John Barrow and Westwood Neighborhood Associations were notified of public hearing. D. ENGINEERING COMMENTS: 1. Ludwig St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. Revise vicinity map for the correct site location. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Separate Sewer Service Required for each lot. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. January 14, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9548 3 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. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. 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. January 14, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9548 4 County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: New duplex construction requires the proper fire separation between units. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments. Planning Division: No comments. H. ANALYSIS: The applicant is requesting, a conditional use permit to allow for the construction of two (2) duplex structures on two (2) lots (one (1) per lot) at 4404 Ludwig Street. The property is located on the west side of Ludwig Street, between West 44th and West 46th Streets. The property currently contains one (1) small single family residence located near the center of the property. A gravel driveway (concrete apron) from Ludwig Street serves as access to the residence. The property is comprised of 2 ½ platted lots; Lots 3 and 4, and the North ½ of Lot 5, Block 165, John Barrow’s Addition. The applicant proposes to replat the lots into two (2) lots, each being 62.5 feet by 144.5 feet (9,031 square feet) in size. The overall property is 0.415 acre in area. The applicant proposes to construct one (1) duplex structure on each of the resulting lots. Each duplex structure will be 2,348 square feet in area and two (2) stories in height. They will be thermal insulated, wood-frame structures, with vinyl siding, thermal glazed windows and hip roofs with asphalt shingles on reinforced concrete slabs. The duplex structures will be located over 50 feet back from the front (east) property line, 10 feet to 12.5 feet back from the side property lines and over 30 feet back from the rear (west) property line. All proposed setbacks will conform with Section 36-255 (R-3 zoning standards) of the City’s Zoning Ordinance. The building heights are not to exceed 35 feet. January 14, 2021 ITEM NO.: 5 (Cont.) FILE NO.: Z-9548 5 The applicant is proposing eight (8) paved parking spaces (four (4) per duplex) to be located within the front yard area, between the duplex structures and Ludwig Street. One (1) shared paved driveway from Ludwig Street will serve as access to the parking area. Section 36-502 requires a minimum of six (6) parking spaces for two (2) duplexes. The parking as proposed will be sufficient to serve the development. To staff’s knowledge, there are no outstanding issues associated with this application. Staff believes the proposed duplex structures located at 4404 Ludwig Street are appropriate uses for this property. The duplex structures will only be a minor increase in the original platted density for this property. The proposed duplex structures will not be out of character with the general area. Other duplex structures are located throughout the John Barrow Neighborhood. Staff believes the proposed duplexes will have no adverse impact on the subdivision or surrounding uses. The applicant is requesting no variances with the proposed development. I. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in Sections D, E and F, and the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 6 FILE NO.: Z-9551 NAME: Arium Development, LLC – PRD LOCATION: 2204 West 10th Street DEVELOPER: Arium Development, LLC Tanner Worley 1300 West 3rd Street Little Rock, AR 72201 OWNER/AUTHORIZED AGENT: William Hathcote 35 Rolling Hills Drive Conway, AR 72032 SURVEYOR/ENGINEER: Holland Surveying, LLC AREA: 0.34 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 45 CURRENT ZONING: R-3 VARIANCE/WAIVERS: None requested. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.34 acre property located at 2204 West 10th Street from R-3 to PRD to allow for the construction of five (5) two-story residential homes, with lot sizes ranging from 0.06 to 0.10 acres. January 14, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9551 2 A. EXISTING CONDITIONS: The property is located on the north side of West 10th Street, just west of South Park Street. The subject lot currently has an unoccupied building which will be demolished by the applicant. There are several trees covering the property. B. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Capitol Hill and Central High Neighborhood Associations were notified of the public hearing. C. ENGINEERING COMMENTS: 1. A 20 feet radial dedication of right-of-way is required at the intersection of West 10th Street and Park Street. 2. 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. 3. Sidewalks with appropriate handicap ramps are required to be installed along Park St. in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk exists to the north and south. 4. An access ramp conforming with CLR Standard Detail PW-52 should be installed at the intersection of 10th St and Park St that aligns with the existing sidewalk along 10th Street 5. If the lots have driveways, building setbacks of at least 20 ft. should be provided to prevent vehicles blocking the public right-of-way. 6. 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 if more than 7 trees will be removed from the subdivision. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 7. 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. 8. 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. 9. Contact the local USPS postmaster to determine if a mail kiosk will be required to be installed. If so, show the proposed location(s) of USPS cluster box units in conformance with USPS and City of Little Rock policy design standards. January 14, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9551 3 D. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Separate Sewer Service required for each lot. Entergy: No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Parks and Recreation: No comments received. County Planning: No comments received. E. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No Comments. F. TRANSPORTATION/PLANNING: Rock Region Metro: No Comments. Planning Division: The request is in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. 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 application is to change R-3 (Residential Single-Family District) to PRD (Planned Residential Development) District to allow the creation of five lots (each less than a tenth of an acre) on site. The resulting density if each parcel has one house would be over 10 units per acre. The Land Use Plan shows Residential Low Density (RL) in all directions from 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 January 14, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9551 4 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 and vacant lots. Master Street Plan: To the south is 10th Street and to the east is Park 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. Bicycle Plan: There are no bike routes shown in the immediate vicinity. G. ANALYSIS The applicant proposes to rezone the 0.34 acre property located at the northwest corner of West 10th Street and Park Street from “R-3” Single Family District to “PRD” Planned Residential District. The rezoning is proposed to allow for the construction of five (5) single family residences. The property currently contains one (1) unoccupied structure which will be removed from the site. The property is comprised of the east 100 feet of Lots 7, 8 and 9, Block 10, Capitol Hill Extension Addition. The applicant proposes to replat the property into the five (5) lots. Lots 9A through 9D will be between 26.71 and 26.98 feet wide and 100 feet deep. Lot 9E be 43.30 feet wide by 100 feet deep. A 1,300 square foot building area is shown for Lots 9A through 9D, with a 1,900 square foot building area proposed for Lot 9E. The proposed building setbacks are as follows: Front – 15 feet Rear – 20 feet Sides – 3 feet (Lots 9A – 9D) 3.5 feet/10 feet (Lot 9E) The applicant notes that the heights of the proposed residences will not exceed 30 feet. Section 36-255 (c) of the City’s Zoning Ordinance allows a typical maximum building height of 35 feet. The applicant also notes that the exteriors of the residences will be metal, vinyl board and batten, brick and/or Hardie board, with asphalt shingles. The pitch of the roofs will be no less than a 10/12 pitch. January 14, 2021 ITEM NO.: 6 (Cont.) FILE NO.: Z-9551 5 The lots will have rear access by way of a driveway from West 10th Street. The driveway will be located within a 20 foot wide shared access easement. Each residence will have either a carport or garage at the rear of each structure. The applicant notes that there will be no accessory structures on any of the lots. The applicant provided responses and additional information to issues raised during staff’s review of the application. To staff’s knowledge, there are two (2) outstanding issues associated with this application as follows: 1. Staff believes that Lots 9A – 9D are too narrow and that the total number of lots should be reduced to four (4), with lot widths being increased to 37 to 38 feet. 2. Staff believes that a "no access" easement along the front (east) property line of all lots should be part of the replat to prohibit multiple driveways from Park Street. Staff is not supportive of the requested PRD rezoning to allow for the construction of five (5) single family residences, based on the issues noted above. Staff believes that the project is too dense, with lot widths of less than 30 feet. Staff could support a four (4) lot development with increased lot widths, and a commitment to having no driveways from Park Street. Staff will continue to work with the applicant in an effort to resolve these issues. H. STAFF RECOMMENDATION: Staff recommends denial of the requested PRD rezoning, as filed. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 7 FILE NO.: Z-7549-A NAME: Car Wash USA Express & Jiffy Lube – PCD LOCATION: 19410/19420 Cantrell Road DEVELOPER: ERB Holdings, LLC 1704 W Industrial Drive, Suite A Rogers, AR 72756 OWNER/AUTHORIZED AGENT: ERB Holdings, LLC 1704 W Industrial Drive, Suite A Rogers, AR 72756 SURVEYOR/ENGINEER: Trevor G. Stubbs Carter Associates, Inc. 1708 21st Street Vero Beach, FL 32960 AREA: 2.2 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 20 CENSUS TRACT: 42.05 CURRENT ZONING: C-3 VARIANCE/WAIVERS: 1. Reduced side yard landscape buffer. 2. Reduced lot sizes. 3. Reduced side building setback. January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 2.16-acre property from C-3 to PCD, Planned Commercial Development, to allow the development of a drive-thru carwash and oil change and auto repair. According to the applicant, the property will be re-platted into two (2) lots consisting of approximately 1.08 acres each. The construction will occur simultaneously with “two (2) separate users having cross access.” The project will require three (3) variances: a side yard landscape buffer from 25' to 12', lot size reduction to less than two (2) acres, and reduced side building setback. B. EXISTING CONDITIONS: The property is located just east of the intersection at Chenal Parkway and Highway 10. The subject lots contain single family residences which are currently unoccupied. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Aberdeen Court and the DuQuesne Place Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Sidewalks with appropriate handicap ramps are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 3. 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. Obtain permits for improvements within State Highway Right-of-Way from AHTD, District VI. 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 an advance grading variance being requested to grade lot 2 with construction on lot 1? 6. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 3 7. Storm water detention ordinance applies to this property. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer, property owner's association, and/or landowner. 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing on an arterial street is 300 feet from intersections and other driveways and 150 feet from side property lines. The lots must share a single driveway access centered on the property line aligned with the Wal-Mart driveway on the southside of Cantrell Road. The width of driveway must not exceed 36 feet. A variance is required for two (2) driveway locations. Staff cannot recommend approval of the east driveway location due to left turn conflicts. 10. The proposed driveway aprons should be constructed to ARDOT standard details. 11. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of retaining walls. 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: No comments. Parks and Recreation: No comments received. County Planning: No comments received. January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 4 F. BUILDING CODES/LANDSCAPE: Building Code: Full Plan Review Required. Landscape: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 2. The Highway 10 Scenic Corridor Overlay District requires a minimum development tract size of not less than two (2) acres. 3. 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 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. 4. 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. The Highway 10 DOD requires rear and side yards to have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. Rear and side yards are deficient. 5. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the west is zoned R-2. 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. January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 5 Screening, undisturbed buffer, and associated landscape will be required on the west perimeter. 6. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 7. 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. 8. A landscape irrigation system shall be required as per Highway 10 site design and development standards. 9. The development of two (2) acres or more requires an approved landscape plan stamped with the seal of a registered landscape architect prior to the issuance of a building permit. 10. 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 Pinnacle Planning District. The Land Use Plan shows Commercial (C) for the requested area. The 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 change the property from C-3 (General Commercial District) to PCD (Planned Commercial Development) District to allow for future development. The site is within the Highway 10 Design Overlay District. Surrounding the application area, the Land Use Plan shows Commercial (C) to the east, west and south (across Cantrell Road). Public Institutional (PI) further to the east across the Divide Parkway. Office (O) is shown to the north. The Commercial January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 6 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. To the east is vacant land zoned C-3 General Commercial, while to the west is a power substation then a small retail center under development. Across Cantrell Road, to the south is a large Walmart Super Center. 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. This site is the campus of a private K-12 school. 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 area currently shown for Office is wooded and undeveloped. Master Street Plan: To the south is Cantrell Road, it is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 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: There is 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 rezone the 2.16 acre property located at 19410/19420 Cantrell Road from "C-3" General Commercial District to "PCD" Planned Commercial District. The rezoning is proposed to allow a two (2) lot commercial development consisting of a carwash facility and an oil change/auto repair facility. The property is located on the north side of Cantrell Road, approximately 600 feet east of Chenal Parkway. The property is located within the Highway 10 Design Overlay District. The property is currently comprised of two (2) lots. The western lot is 0.564 acre in size, and the eastern lot is 1.592 acres. Both lots are currently zoned C-3 and contain single family residential structures. The applicant proposes to replat the overall property into two (2) lots, with each lot being 1.08 acres in area. The applicant proposes to construct a 4,164 square foot express carwash facility on the western lot and a 4,042 square foot oil change/auto repair facility on the eastern lot. Cross-access will exist between the two (2) lots, within the south half of the overall property. Parking and stacking spaces will be January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 7 provided on each individual lot. The buildings will be located 100 feet back from the front (south) property line, with a 40 foot landscape buffer within the front yard area, both in compliance with the Highway 10 Design Overlay District standards. The proposed carwash building on the western lot will be located approximately 18 feet back from the east side property line. Section 36-346 (d) of the City’s Zoning Ordinance requires minimum side setbacks of 30 feet for new buildings within the Highway 10 DOD. Therefore, the applicant is requesting a variance from this requirement. Staff supports the proposed setback variance. All other proposed building setbacks conform with the Highway 10 DOD. Section 36-346 (a) requires a minimum lot size of two (2) acres for property within the Highway 10 DOD. The replat as proposed creates two (2) lots of 1.08 acres each. The applicant is requesting a variance for reduced lot size. Staff reports the requested lot size variance. Section 36-346 (e) (5) requires a minimum landscape buffer width averaging at least 25 feet along the west perimeter of the western lot, as the property abuts R-2 zoned property. The proposed landscape buffer is 12 feet in width. The applicant is requesting a variance to allow reduced buffer width along the west property line. Staff supports the requested variance, as the property immediately to the west contains an Entergy sub-station. The applicant is proposing one (1) shared driveway from Cantrell Road to serve the two (2) lot development. The driveway will be located within a 36 foot wide cross access easement. The driveway will align with the existing Wal-mart driveway located on the south side of Cantrell Road. Staff supports the proposed driveway location. The applicant is proposing 21 parking spaces (at vacuum locations) for the western lot and 14 parking spaces for the eastern lot. Ample stacking spaces are provided on each lot. The west lot will contain two (2) drive lanes leading to the carwash facility and the east lot will contain four (4) bays for oil change and auto service. Staff believes parking will be sufficient to serve the proposed development. The proposed plan shows two (2) six-foot high monument signs, one (1) for each lot, along the front property line. The west sign is proposed to have an area of 30.56 square feet, with the east sign being 60 square feet. These signs conform with the Highway 10 DOD standards. Wall signage is proposed on the south and west sides of the carwash facility, and the south, west and north sides of the oil change/auto service facility. January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 8 There will be a dumpster located on each lot. The applicant notes that the dumpsters will be screened as per ordinance requirements. The applicant also notes that the site lighting will conform with the Highway 10 DOD standards. 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. Staff is supportive of the proposed use of the property as a carwash facility and oil change/auto service facility. Staff believes the proposed uses are reasonable, as the property is currently zoned C-3. The proposed PCD zoning will represent a continuation in the zoning pattern along this section of Cantrell Road. Staff believes the proposed development will have no adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD rezoning, and associated variances, 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: (JANUARY 14, 2021) Matt Sitton was present, representing the application. There was one (1) person registered in opposition. Staff presented the item and a recommendation for approval as outlined in the “staff recommendation” above. The applicant deferred to the registered opposition. Eugene Pfeifer addressed the Commission in opposition to the application. He briefly expressed his concerns with the proposed use in the current C-3 zoning and the insufficient buffers proposed for the north and east property lines. He also requested a one-month deferral to discuss his concerns with the applicant. Mr. Sitton addressed the Commission is support of the application. He stated that there had been several attempts to communicate with Mr. Pfeifer regarding easements between the adjoining properties. He also stated that the proposed use is commercial and there are no variance requests for the proposed buffers. Staff addressed the Commission regarding the permitted uses, the Highway 10 Design Overlay District’s application requirements and the required buffers in the proposed development. January 14, 2021 ITEM NO.: 7 (Cont.) FILE NO.: Z-7549-A 9 There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 9 ayes, 2 nays, and 0 absent. The application was approved. January 14, 2021 ITEM NO.: 8 FILE NO.: Z-5224-H NAME: National Property Holdings, LLC – Revised PCD LOCATION: 18406 Cantrell Road DEVELOPER: National Property Holdings, LLC 15924 Cantrell Road Little Rock, AR 72212 OWNER/AUTHORIZED AGENT: Michael Love P.O. Box 17386 Little Rock, AR 72223 SURVEYOR/ENGINEER: Phillip Lewis Lewis Engineering 23600 I-30 Bryant AR, 72002 AREA: 0.20 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 5 PLANNING DISTRICT: 20 CENSUS TRACT: 42.05 CURRENT ZONING: PCD (Planned Commercial District) VARIANCE/WAIVERS: None requested. BACKGROUND: February 6, 1990 Ordinance No. 15,813 was and passed by the Board of Directors of the City of Little Rock. The rezoning was part of a larger effort to rezone the area “west of the city limits and north of Denny Road” as part of the implementation of the land use regulation of the extra-territorial planning area. At that time this property was zoned PCD to recognize the existing service station/auto repair use. January 14, 2021 ITEM NO.: 8 (Cont.) FILE NO.: Z-5224-H 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to revise the previously approved PCD zoning in order to renovate the existing building and parking, and to allow C-3 permitted uses for the property. B. EXISTING CONDITIONS: The site lies within the Highway 10 Overlay District. The area north of the site contains both office and commercial uses and zoning. A single-family lot lies immediately east of the site followed by additional PCD’s (Planned Commercial Developments) along the corridor. To the south and to the west lie a mixture of planned developments, office and single-family uses and zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200-feet of the site along with the Aberdeen Court, Maywood Manor and Valley Ranch Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 2. Show the existing location with dimensions of the back of curb and sidewalk on Cantrell Road on the site plan. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Driveway spacing on an arterial street is 300 ft. from intersections and other driveways and 150 ft. from the side property line. A variance is required for 2 driveways. Due to safety concerns, vehicles backing into Cantrell Road will not be approved. 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. AT & T: No comments received. January 14, 2021 ITEM NO.: 8 (Cont.) FILE NO.: Z-5224-H 3 Central Arkansas Water: No comments received. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Commercial and Industrial Developments – 2 means of access. - Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or facilities exceeding 30 feet or three stories in height shall have at least two means of fire apparatus access for each structure. Section D104.2 Building exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provide with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire apparatus access road when all building are equipped throughout with approved automatic sprinkler systems. D104.3 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. January 14, 2021 ITEM NO.: 8 (Cont.) FILE NO.: Z-5224-H 4 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: Building permit required. 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. Any existing vehicular use area that does not meet current code requirements may continue as nonconforming until such time a building permit is issued to rehabilitate a structure on the property exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50) percent of the existing vehicular use area shall be brought into compliance with this chapter and shall continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost. 3. 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 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. 4. 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. January 14, 2021 ITEM NO.: 8 (Cont.) FILE NO.: Z-5224-H 5 G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Pinnacle Planning District. The Land Use Plan shows Mixed Use (MX) for the requested area. 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. The application is to modify an existing PCD (Planned Commercial Development) District to allow C-3 (General Commercial) uses as future development. The site is within the Highway 10 Design Overlay District. Surrounding the application area, the Land Use Plan shows Mixed Use (MX) to the east northeast and southeast (across Cantrell Road). Office (O) is shown to the north and west. Residential Low Density (RL) is shown to the south, across Cantrell Road. 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. There is a scattering and retail uses, office and single-family homes in the Mixed Use 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 area currently shown for Office is wooded and undeveloped. 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. There is a daycare center immediately to the south. A metal shop and several homes are also within the area shown for Residential Low Density. Master Street Plan: To the south is Cantrell Road, it is shown as a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 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: There is 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). January 14, 2021 ITEM NO.: 8 (Cont.) FILE NO.: Z-5224-H 6 H. ANALYSIS: The applicant proposes to revise the previously approved PCD zoning for the property at 18406 Cantrell Road. The property is located on the north side of Cantrell Road at Norton Road. The property is comprised of 0.20 acre and contains a one-story block commercial building which was previously used in conjunction with an auto repair business. The building is approximately 1,500 square feet in area, with a small canopy covering at the southwest corner of the building. Existing paved parking is located on the south and west sides of the existing building. The property is located in the Highway 10 Design Overlay District. The 0.20 acre property was a legal lot of record prior to the adoption of the design overlay district. The applicant proposes to renovate the existing commercial building and parking area on the west side of the building for commercial use. The applicant is requesting “C-3” General Commercial District permitted uses for the property. With the renovation and redesign of the parking area on the west side of the building, nine (9) parking spaces will be provided (including two (2) under the existing canopy). A retail use within the existing building would typically require five (5) on-site parking spaces. An office use would require three (3) spaces. Staff believes the proposed parking will be sufficient to serve the development. However, staff will not support a restaurant use on the property, as there is not sufficient parking for this use. As part of the development plan, the applicant will remove the head-in parking at the southeast corner of the site and narrow the driveway to a single drive at the southwest corner of the site. This will eliminate possible safety issues with parking backing into the public right-of-way. New landscaping will be provided on the site. Perimeter landscaping will be installed along all sides of the renovated parking area. The area where the head- in parking exists will also be landscaped. The applicant notes that the site will be lighted with wall packs on the existing building, and the lighting will be directed downward and kept within the footprint of the site. Signage will comply with the Highway 10 Design Overlay District standards. A ground sign must be a monument-type sign and located at least five (5) feet back from all property lines. 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. January 14, 2021 ITEM NO.: 8 (Cont.) FILE NO.: Z-5224-H 7 Staff is supportive of the requested PCD rezoning to allow use of the existing developed property for C-3 permitted 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 and office zoning in the immediate area. The proposed PCD zoning will represent a continuation of the zoning pattern in this area along Highway 10. 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, E, and F, 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: (JANUARY 14, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 9 FILE NO.: Z-4607-C NAME: Perry Homes – PRD LOCATION: 1501-1509 South Izard Street DEVELOPER: Robert Perry 2911 North Pierce Little Rock, AR 72207 OWNER/AUTHORIZED AGENT: Patrick M. McGetrick McGetrick & McGetrick, Inc. 11601 Bass Pro Parkway Little Rock, AR 72210 SURVEYOR/ENGINEER: Patrick M. McGetrick McGetrick & McGetrick, Inc. 11601 Bass Pro Parkway Little Rock, AR 72210 AREA: 0.39 acre NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 47 CURRENT ZONING: PD-R (Planned Development-Residential) (expired) VARIANCE/WAIVERS: None requested. BACKGROUND: On November 8, 2007 the Planning Commission approved a Short-form PD-R to allow five (5) single-family homes facing Izard Street with rear loaded garages with conditions. The Board of Directors approved the PD-R with ordinance number 19,874 on December 4, 2007. However, the site was not developed and the PD-R expired in 2010. January 14, 2021 ITEM NO.: 9 (Cont.) FILE NO.: Z-4607-C 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Applicant is proposing to develop the property similar to the PD-R that was approved in 2007 by modifying the development to now include a reduced number of lots from five (5) to four (4) with rear access easement remaining as the previous PD-R. The units will have a two-car rear access garage with additional parking. The units will contain brick and Hardie siding and will be one or two stories with a maximum building height not to exceed 35 feet. The structures will be used as single-family residential units with requested four-foot setback on the sides, twenty-five foot rear setback and a front setback of fifteen feet. B. EXISTING CONDITIONS: The site will have frontage along the 1500 block of South Izard Street and is currently undeveloped. North of the site contains a mixture of two-family homes, office, and commercial uses and zoning. To the east and south lie additional two- family homes. To the west of the site lies additional commercial uses and zoning. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200-feet of the site and the Central High, Downtown and Wright Avenue Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Is one-way or two-way traffic proposed into the property across the proposed lots? 2. Sidewalks with appropriate handicap ramps are required to be constructed along Izard St. in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 3. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged, missing, and not in compliance with ADA recommendations in the public right-of-way prior to approval of final CO. 4. 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. 5. 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. January 14, 2021 ITEM NO.: 9 (Cont.) FILE NO.: Z-4607-C 3 6. A 20 feet radial dedication of right-of-way is required at the intersection of W. 15th Street and S. Izard Street. 7. A concrete driveway apron should be constructed on 15th Street for access to lots? 8. All trash containers should be taken to Izard Street for collection by City of Little Rock. 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. AT & T: No comments received. Central Arkansas Water: No comments received. Fire Department: Full plan review Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. 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. January 14, 2021 ITEM NO.: 9 (Cont.) FILE NO.: Z-4607-C 4 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. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. 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 application is to change a PDR (Planned Development Residential) District to PRD (Planned Residential Development) District to allow the creation of four lots (each less than a tenth of an acre) on site. The resulting density if each parcel has one house would be over 10 units per acre. The Land Use Plan shows Residential Low Density (RL) to the east and south of the site. Mixed Use (MX) is shown to the west across Izard Street. Residential High Density (RH) use is shown to the north across 15th Street and to the southwest across Izard Street. 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 Mixed Use January 14, 2021 ITEM NO.: 9 (Cont.) FILE NO.: Z-4607-C 5 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. This area is cleared and undeveloped. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The area is cleared and vacant. The area to the north across 15th Street also has a single house on one lot. Master Street Plan: To the north is 15th Street and to the west is Izard 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 Bicycle Plan: There are no bike routes shown in the immediate vicinity. ANALYSIS: The applicant proposes to rezone the 0.39 acre property located at 1501-1509 S. Izard Street from “PD-R” Planned District – Residential (expired) to “PRD” Planned Residential District. The rezoning is proposed to allow for the construction of four (4) single family residences. The property is located at the southeast corner of S. Izard Street and West 15th Street. The property is currently undeveloped and mostly grass covered. The property is comprised of one (1) entire single family lot and parts of two (2) single family lots. A paved alley right-of-way is located along the east side of the southernmost lot. The applicant proposes to replat the property into four (4) lots. Lots 1 – 3 will be 40 feet by 100 feet in area, with Lot 4 being 30 feet by 140 feet. An 1,800 square foot building area is shown for Lots 1 – 3 and a 2,200 square feet building area is proposed for Lot 4. The proposed building setbacks are as follows: Front – 15 feet Rear – 25 feet Sides – 4 feet The applicant notes that the residences will be one (1) or two (2) stories in height. The buildings shall not exceed a height of 35 feet, which is the typical requirement for single family zones. The applicant also notes that the residences will have brick and Hardie siding exteriors. January 14, 2021 ITEM NO.: 9 (Cont.) FILE NO.: Z-4607-C 6 The lots will have rear access from West 15th Street and the alley right-of-way. A 20 foot wide access easement (two-way) is proposed along the rear of the lots. Each residence will have a two-car rear access garage, with some additional parking. A no access easement will be platted along the front of all the lots. The applicant provided responses and additional information to all issues raised during staff’s review of the application. To staff’s knowledge, there are no outstanding issues. The applicant is requesting no variances with the proposed PRD rezoning. Staff is supportive of the requested PRD rezoning to allow the construction of four (4) single family residences. Staff views the request as reasonable. The previously approved PD-R zoning for this property allowed five (5) single family lots. The new proposed PRD zoning reduces the number of lots to four (4). The property is comprised of three (3) legal lots of record, which would allow for the construction of three (3) single family residences. The proposed PRD increases the number of allow residences by only one (1), which is only a very minor increase in the platted density. The proposed project represents a good in-fill type development, which should have no adverse impact on the surrounding properties. STAFF RECOMMENDATION: Staff recommends approval of the requested PRD rezoning, subject to compliance with the comments and conditions outlined in paragraphs D and E, and the staff analysis, in the agenda staff report. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 11 ayes, 0 nays and 0 absent. January 14, 2021 ITEM NO.: 10 FILE NO.: LA-0088-A NAME: 15122 Cantrell Road Advance Grading Variance LOCATION: 15122 Cantrell Road, NE corner of Cantrell Rd and Rummel Rd Intersection APPLICANT: John Rees APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E., Holloway Engineering AREA: Approximately 3 acres CURRENT ZONING: Planned Development Office (PD-O) VARIANCES/WAIVERS REQUESTED: Variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 3 acres. A. PROPOSAL/REQUEST: The applicant is requesting the approval of a variance from the Land Alteration Regulations to advance grade by clearing and cutting approximately 3 acres northeast of the Cantrell Road and Rummel Road intersection located at 15122 Cantrell Road. The variance would allow staff to issue a grading permit for the advance grading activities to commence without imminent construction. The current grading and drainage plan was prepared in consideration of future development of the subject property. The cut material from the subject property will be hauled to the recently approved car wash development at 7706 Cantrell Road and to the undeveloped property located north of 14524 Cantrell Road which are both owned by the applicant. The requested variance was denied by the Planning Commission on September 24, 2020 by 5 “ayes”, 3 “no” votes, and 3 absent. The current proposed application has been determined to contain a significantly revised Grading and Drainage plan from the previously denied application. B. EXISTING CONDITIONS: The approximate 3-acre property is undeveloped with dense tree cover in areas and slopes generally to the south. The subject property has no trees where buildings and parking areas were located from the past office development. The subject property is zoned Planned Development Office (PD-O). A 3 restaurant PCD application for this property was recently denied by the City of Little Rock Board of Directors. The subject property is located within the Little Rock city limits. East of the subject property is a newly constructed Taziki’s restaurant on property zoned Planned Development Commercial (PD-C). West of the subject property is January 14, 2021 ITEM NO.: 10 (Cont.) FILE NO.: LA-0088-A 2 Rummel Road. West of Rummel Road are developed and undeveloped properties zoned R2 single family with 1 residence at 15621 Sorrells Road. North of the subject property is a large 43-acre undeveloped tract zoned R2 single family. South of the subject property is Cantrell Road. South of Cantrell Road are 2 residential developed properties zoned R2 single family within the Westchester Subdivision. Also, south of Cantrell Road is an unplatted 1.8-acre parcel zoned PD-O and R2 single family with 1 residential structure and the Happy Days Groom and Board facility. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has not received any inquiries into the application. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Storm water detention ordinance applies to this property. Show the proposed location for temporary stormwater detention facilities on the grading plan. 3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Per Sec. 29-197(b), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strip of trees or earthen berms. 7. Per Sec. 29-197(k), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 8. Per Sec. 29-197(l), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. January 14, 2021 ITEM NO.: 10 (Cont.) FILE NO.: LA-0088-A 3 9. Per Sec. 29-197(l), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 10. Per Sec. 29-197(m), maintenance for the 2-year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 11. A gravel tracking should be installed north of the existing asphalt drive to prevent tracking onto the roadway. E. PLANNING STAFF COMMENTS: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements and the Cantrell Road Scenic Corridor Overlay District. 2. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. Screening requirements will need to be met adjacent to the north residential zoned property. Surveyor to mark and place protective fencing adjacent to the residential buffer before any site work begins. 3. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Comments were provided on the September 24th application, and they still apply. F. ANALYSIS: The applicant is proposing to clear and cut fill material from approximately 3 acres located at 15122 Cantrell Road. A PD-C application from the same applicant was recently denied for 3 restaurants by the City of Little Rock Board of Directors, so therefore a development plan has not been approved for the property. The subject property is tree covered other than the areas where the previous office building, residence, and parking lot, were located. The densest tree covered areas are adjacent to the east property line and adjacent to Rummel Road on the west. A sufficient buffer of trees also exists along the north property line adjacent to the R2 single family undeveloped property. A gravel construction entrance will be January 14, 2021 ITEM NO.: 10 (Cont.) FILE NO.: LA-0088-A 4 provided off Cantrell Road to reduce tracking onto public streets. A retaining wall is not proposed to be constructed with the excavation activities. The applicant has agreed that grading will occur expediently, and the site will be stabilized within 1 year of the issuance of the grading permit. Grading activities will commence just prior to or simultaneously with the construction of a recently approved car wash at 7706 Cantrell Road. Cut material from this property will be hauled to the car wash site and to the undeveloped property located north of 14524 Cantrell Road. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2-year maintenance bond. All permit fees and posting of the site has been made by the applicant. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed temporary detention facility shown to be provided of the property. Maintenance of erosion controls, detention facility, and construction entrances will occur as needed during the grading period. When vegetation is established, the erosion control devices can then be removed. Section 29-197(4) of City code states the proposed plan shall provide for visual screening of the advance graded area by providing undisturbed perimeter buffer strips and earthen berms. The applicant proposes to construct a 4 ft tall, 10-feet wide earthen berm along the southern property line adjacent to Cantrell Road, a 50-feet wide temporary undisturbed buffer will be maintained along the western property line adjacent to Rummel Road, a 15-feet wide undisturbed buffer along the north property line and a 10 feet wide temporary undisturbed buffer along the east property line adjacent to Taziki’s. The applicant proposes to construct a diversion ditch inside of the berm along the south property line adjacent to Cantrell Road along with planting 2-inch caliper evergreen trees with a 25-feet spacing on the north side of the berm. Per City code, at this location Cantrell Road, also known at Cantrell Road, has an adopted design overlay district establishing Cantrell Road as a scenic corridor. Approximately 35,000 vehicles drive by this property daily. Sec. 36-343 states the purpose of the Cantrell Road Scenic Corridor district is to protect and enhance the aesthetic and visual character of the lands surrounding Cantrell Road. In particular, the purposes of this district are to protect and enhance the scenic quality of the Cantrell Road corridor by providing for sensitive developments which will maximize the natural foliage and terrain while also providing planted buffer and landscaped areas. January 14, 2021 ITEM NO.: 10 (Cont.) FILE NO.: LA-0088-A 5 G. RECOMMENDATION: Staff recommends approval of the advance grading variance as proposed by the applicant. Due the topography of the property, views of the site cannot totally be obstructed. Staff feels the revised grading and drainage plan exceeds the previously submitted plan. The applicant proposes to establish vegetation over the entire site following completion of excavation activities and proposes to install a berm with trees adjacent to Cantrell Road. H. PLANNING COMMISSION ACTION: (January 14, 2021) The applicant was present. Staff recommended the item be placed on consent approval subject to the compliance with staff’s recommendations and all comments and conditions. There was no further discussion. The item was placed on the consent agenda for approval. The item was approved by the Planning Commission subject to the compliance with all comments and conditions by a vote of 11 ayes, 0 noes, and 0 absent. January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 NAME: 1900 W. 3rd Street Advance Grading Variance LOCATION: North of 1900 W. 3rd Street APPLICANT: Mullenix & Associates APPLICANT’S REPRESENTATIVE: Crafton Tull and Associates AREA: Approximately 7 acre property CURRENT ZONING: I2 and C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade the approximate 7 acre property. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by excavating approximately 7000 cubic yards of fill material from the approximate 7 acre property located north of 1900 W. 3rd Street and filling the property on the eastside of the railroad tracks at 1706 W. 3rd Street. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction on the subject property. The excavated area will slope to the existing grade at no steeper than 3:1. B. EXISTING CONDITIONS: The approximate 7 acre property zoned I2 and C3 is developed on the south half and undeveloped on the north half. No trees are located on the subject property. The property is accessed from 3rd Street to the south, and 2nd Street and Markham Street from the west. The property slopes to the east and south. On the south, the subject property is bordered by W. 3rd Street. South of W. 3rd Street are undeveloped parcels zoned C3 and R5. West of the subject property are several parcels zoned R3-CUP and PDC. Also west of the subject property north of 2nd Street are R3 zoned properties with constructed residential homes. East of the subject property is the approximate 375 ft. wide UPRR railroad right-of-way, Capitol Drain Creek, and 2nd Street right- of-way. East of the 2nd Street right-of-way are an unoccupied restaurant building at 1706 W. 3rd Street and Curry’s Termite and Pest Control at 202 Bishop Street, along with vacant parcels all within the Capitol Zoning District. North of the subject property is the 2nd Street right-of-way with residential homes on R3 zoned property January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 2 located north of the 2nd Street right-of-way, also north of the subject property are additional vacant properties zoned I2 and MF24. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has received no inquiries into the application from the public. D. ENGINEERING COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. 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. 3. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 4. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 5. At completion of land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas of permanent vegetation cover shall be established. 6. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 7. Per Sec. 29-197(13), maintenance for the 2year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the advanced graded area. 8. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 9. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 10. Will the advance grading operation be complete in 1 year? January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 3 11. Hauling of fill material on or off site over municipal street and road 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. Vegetation must be established on disturbed area within 14 days of completion of harvest activities. 13. Erosion controls must be installed to reduce discharge of polluted stormwater. 14. 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. 15. Approvals should be obtained from all utilities for excavation activities to occur with the platted utility easements. 16. Following approval of the advance grading variance application, a grading permit for 1900 W. 3rd Street can be issued at time of issuance of a building permit for the proposed development at 1706 W. 3rd Street. E. ANALYSIS: The applicant responded to the comments found in Sections D. The applicant proposes to excavate approximately 7000 cubic yards of fill on the approximate 7 acre property at 1900 W. 3rd Street and haul the fill material to 1706 W. 3rd Street following the construction of a retaining wall along Bishop Street and 2nd Street. The temporary construction access to the subject property shows to be from W. 2nd Street. At the conclusion of grading, the applicant proposes to maintain 3:1 or flatter slopes. Staff feels that following excavation activities the advance graded area will appear no worse than existing site conditions and will not create a nuisance or scar following required vegetation. The applicant has agreed that grading will occur expeditiously, and the fill activities will be complete and the subject property stabilized within 1 year of the issuance of the grading permit. The applicant has provided an erosion control plan showing silt fence and other erosion controls. Maintenance of erosion controls and construction entrance will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of topsoil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. No undisturbed buffer strip or berm is proposed to be constructed around the excavated area due to the difficulty in obstructing views due the elevation of the surrounding properties and streets and the non-existence of trees and buffers on the subject property today. January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 4 F. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to comments in paragraph D, the variance request is subject to compliance with the following conditions: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 2. An advance grading permit will not be issued by staff until a grading permit is issued and proof of imminent construction as defined by City code is provided for the property at 1706 W. 3rd Street. 3. Prior to the issuance of the certificate of occupancy for the development at 1706 W. 3rd Street, the advance graded area at 1900 W. 3rd Street will be seeded and strawed and any damages corrected. 4. Erosion and sediment controls are required to be installed and maintained during the clearing and filling activities. 5. A hauling permit will be obtained from Traffic Engineering prior to the issuance of a grading permit. G. PLANNING COMMISSION ACTION: (January 14, 2021) The applicant representative, Frank Riggins of Crafton Tull and Associates was present. The item was introduced by Mike Hood, Public Works Dept. Mr. Riggins spoke for the applicant and requested his time be deferred to address the opposition’s questions and concerns. A card in opposition was turned in by Carolyn Hillman who owns the property at 109 S. Battery St. which backs up to the subject property. Mrs. Hillman addressed the commission stating she only received notice of the proposal within 5 days of the Planning Commission hearing. Staff checked her concern and found the certified mail receipt from the USPS was dated December 30, 2020 and exceeded the required 10 day notice. It was learned from USPS, upon previous contact from City staff, that delivery of the outgoing mail was delayed during that time period. Mrs. Hillman expressed concern about removing trees and fill material north and east of her property. Vince Floriani, Public Works Dept., stated no trees are located where the advance grading is proposed to occur. The tree covered property to the north will not be disturbed. Frank Riggins address Mrs. Hillman concern about potential damage to her property from excavation occurring near her rear property line. Mr. Riggins stated there is a public alley between Mrs. Hillman’s property and his client’s property and that excavation would occur only on his client’s property no closer than 5 ft. from his client’s property line and there should be no affects. Mr. Riggins stated erosion and sediment controls will January 14, 2021 ITEM NO.: 11 FILE NO.: LA-0090 5 be installed by his client and at completion of excavation the property will be sloped at a 3:1 slope and seeded and strawed for mowing and maintenance. Craig Berry questioned whether the proposed erosion and sediment control plan was sufficient for the project. Mr. Hood stated staff believes the plan is sufficient. A motion was made and seconded to approve the application subject to compliance with all comments and conditions as outlined in the staff report. The item was approved by the Planning Commission subject to the compliance with all comments and conditions by a vote of 7 ayes, 4 noes, and 0 absent. January 14, 2021 ITEM NO.: 12 FILE NO.: LA-0091 NAME: 14524 Cantrell Rd Advance Grading Variance LOCATION: North of 14524, 14710, & 14800 Cantrell Road APPLICANT: John Rees APPLICANT’S REPRESENTATIVE: Holloway Engineering AREA: Approximately 10.62 acres CURRENT ZONING: PCD VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 10.62 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling an approximately 10.62-acre property located north of 14524, 14710, and 14800 Cantrell Road. The property is bordered by Ison Creek on the east and north. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be hauled to this site from the advanced graded property at 15122 Cantrell Road. The filled area will slope to the natural grade at no steeper than 3:1. The applicant proposes to clear and fill the portion of the property located in the 100-year floodplain identified on the plan and don’t disturb the area located in the 100-year floodway. B. EXISTING CONDITIONS: The 10.62-acre property zoned PCD is undeveloped and partially tree covered. The property is accessed from Cantrell Road on the south. Additional driveway access is potentially available at time of development from an access easement located north of the Cantrell Road and Taylor Loop Road intersection. East and North of the subject property Ison Creek, a tributary of the Little Maumelle River, which has a mapped 100-year floodplain and floodway. January 14, 2021 ITEM NO.: 12 (Cont.) FILE NO.: LA-0091 2 East and north of the Ison Creek are single family residential homes on R2 zoned property and Pinnacle Valley Road. West of the subject property is the Village at Ison Creek residential subdivision with backyards that are adjacent to the subject property and zoned R2. South of the subject property are two commercial strip centers, Pinnacle Station zoned PCD and 14710 Cantrell Road, Springhart Addition zoned C3. In addition to the south is Buffalo Wild Wings at 14800 Cantrell Road zoned PCD. C. NEIGHBORHOOD COMMENTS: At the time of writing, staff has not been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. Staff has received no inquiries into the application from the public. D. ENGINEERING COMMENTS: 1. An earthen berm should be constructed along the north and east limit of disturbance to restrict views of the site and to provide a best management practice control structure to reduce sediment discharges into Ison Creek. A cut in the berm will be required with a rock check dam to discharge stormwater. 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. 3. Per Sec. 29-197(b), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 4. Per Sec. 29-197(k), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 5. Per Sec. 29-197(l), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 6. Per Sec. 29-197(l), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. January 14, 2021 ITEM NO.: 12 (Cont.) FILE NO.: LA-0091 3 7. Per Sec. 29-197(m), maintenance for the 2-year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31- 431(2) at the time of final inspection of the grading activities. 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. 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. 9. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 10. Obtain a sign from Vince Floriani to post at the site viewable by the public. E. ANALYSIS: The applicant responded to the comments found in Section D. The applicant proposes to fill the partial tree covered 10.62 acres. Portions of the property are within the 100-year floodplain. Floodway area is located on the northern part of the property adjacent to Ison Creek. Access is proposed from a gravel vehicle tracking pad from Cantrell Road through the private access easement on the west side of Buffalo Wild Wings to access the signalize intersection. The proposed 10.62-acre filling operation will occur on the property but outside of the regulatory floodway. The applicant has agreed that grading will occur expeditiously, and the fill activities will be complete, and the subject property stabilized within 1 year of the issuance of the grading permit. The applicant has provided an erosion control plan showing silt fence and other erosion controls. A grading plan was also provided showing the 10.62-acre property to be filled with an average depth of 5 to 6 ft. Fill will be hauled to the subject property from the advanced graded property at 15122 Cantrell Road. Maintenance of erosion controls and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of topsoil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. An earthen berm is proposed to be constructed along the north and east limit of disturbance of a sufficient elevation to obstruct views from the properties to the north of the advance graded area. In addition to the berm, the remaining trees within the January 14, 2021 ITEM NO.: 12 (Cont.) FILE NO.: LA-0091 4 floodway will provide a land use buffer strip of natural trees with a minimum width of 92 feet and a maximum width of 158 feet. A 50 feet land use buffer strip is proposed to be constructed along the south and west property lines. F. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. In addition to comments in paragraph D, the variance request is subject to compliance with the following conditions: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 2. A Special Flood Hazard Development permit will be obtained prior to issuance of a grading permit. 3. Orange fencing will be installed along all land use buffers and floodway to prevent entry prior to beginning tree removal. 4. Erosion and sediment controls are required to be installed and maintained during the clearing and filling activities. 5. All trees within the area to be advance graded will be removed prior to commencing filling activities. PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant’s representative, Jess Griffin, Holloway Engineering, was present. Mike Hood introduced the item with staff comments, conditions, and recommendation of approval. An additional condition for approval was added requiring approval of the Grading and Drainage plan by Public Works Department, Central Arkansas Water, and Little Rock Water Reclamation Authority prior to issuance of a Grading Permit. Mr. Griffin requested his time be deferred to address any comments and questions from the opposition. Many notices in opposition from residents in the area were received by staff. Enos Jones, 5522 Pinnacle Valley Rd, spoke, in person, concerned that filling the property will cause flooding to become worse on his property located on the north side of the creek from the subject property. He expressed his concern that the high slopes represent no protection from erosion to his property from the subject property. January 14, 2021 ITEM NO.: 12 (Cont.) FILE NO.: LA-0091 5 Keith Wingfield representing property owners in the area and developer of the Village at Isom Creek spoke virtually in opposition to the application. Mr. Wingfield stated an office development was approved for the property in 2015, which he supported. He stated the west half of the property is approximately 4 acres and zoned R2. Later a 400-unit apartment complex was proposed to be developed, which he was not favor of. At that time a Conditional Letter of Map Revision has been obtained, which shows this neighborhood being a delicate area for flooding, and for this reason treatment is necessary before further construction can be developed. Mr. Wingfield believes the property should not be advance graded and filled until an ultimate development plan is proposed. He also expressed his concern the area to be left unvegetated after grading activities and not developed. He also stated the property owner has illegally filled within the floodway in the past and should be required to prepare a floodplain study on Isom Creek prior to allowing the property to be filled. Mac Holt spoke virtually in opposition stating 2 Lake Maumelle raw waterlines cross the subject property (one is a 72-inch, the other is a 62-inch diameter pipe) and the applicant should not be allowed to disturb or fill over the pipes. He expressed his concern that the development may affect the water supply of the city. Jeff Hankins, 21 Waterside Drive, spoke virtually in opposition of the approval of the variance. He stated the variance should not be approved to allow trees to be cleared and the property filled for 3 reasons: a portion of the property is R2 and fill is not needed for R2 construction; the existing west buffer is not dense and the fill area will be viewable from the rear yards of homes within the Village at Isom Creek; and the proposal does not consider the surrounding residential properties and will increase flooding. He was asking to consider the integrity of the Master Street Plan in the approval of this development. Lee Middleton, Chris Newell, Al Clanton, Thomas Jenkins, John Guthrie, Derrek Burns, and Terra Burns who were viewing the meeting virtually were in opposition and were not online at their time to speak. Several others viewing virtually such as Alexandra Sanromo and Olivia Sanromo, Jonathan Crouch, Ken Harrison, Richard Stouffer, Alan Bird, Julie Dalvin, Bill Morrison, Jamie Morrison, Dawn Percithka, Cassy Wells, and Joseph Ike expressed they seconded the previous comments from others in opposition and defer their time for others to speak. Mr. Griffin addressed the opposition’s comments. He stated the owner had no plans at this time for development. Due to access issues, the property could not be developed as single family R2. Any other development of the property would require the property to be filled. He introduced himself being a Certified Floodplain Manager (CFM) and assured he will be working closely with FEMA to address any flooding issues. He stated following the fill of the floodplain a Flood Study will be conducted. A survey is necessary to establish the baseline for filling. He stated the floodplain is allowed to be filled and fill was not proposed to be January 14, 2021 ITEM NO.: 12 (Cont.) FILE NO.: LA-0091 6 placed within 25 ft. of the floodway. He also acknowledged approval was needed from Central Arkansas Water for placing fill on the raw waterlines. Monte Moore from the City Planning Department clarified the eastern portion of the property being zoned PCD, while the western part is zoned R2. Commissioner Harold Betton stated he was concerned with flooding. Commissioner Michael Vickers stated he has concerns about filling over the waterlines and is not clear about the solution of the flooding issue. He also asked what the proposed development plan was. Mr. Griffin said to the property will be filled with material excavated from the Rummel Road and Cantrell Road site. No additional development is planned at this time. He added the owner and design team have researched different development options. To satisfy the FEMA map revision requirements always presented an issue. In his opinion residential development would be really challenging on this site. He expressed his intention to work with the adjoining residents and take into consideration their development ideas. Commissioner Robbin Rahman asked about the existing access to the Village at Isom Creek from Cantrell Road. To response to his question, Mr. Hood said the access is a secondary access for emergency vehicles and serves as a pedestrian access too. The access could not be restricted. Mr. Hood also stated that floodplain is allowed to be filled but floodway is not allowed to be filled per City code. Commissioner Craig Berry stated he was not comfortable with approval of the advance grading variance and the proposed development plan was very speculative. Commissioner Berry proposed a motion to approve the application subject to compliance with comments and conditions including the newly proposed utility comment as outlined in the staff report. The item was denied by the Planning Commission by a vote of 1 ayes, 10 noes, and 0 absent. PLANNING COMMISSION VOTE RECORD Zc-z,. Cheu,.,.-DA TE o / -/ </--Z I ./'?',·,, vre= I MEMBER BERRY, CRAIG BETTON, HAROLD MD BROCK, THOMAS L. BROOKS, DERICK HAMILTON, SCOTT HART, TODD HAYNES, MARLON D. RAHMAN, ROBBIN S. THOMAS, DIANA M. VICKERS, MICHAEL VOGEL, ROBBY MEMBER BERRY, CRAIG ---- BETTON, HAROLD MD BROCK, THOMAS L. BROOKS, DERICK HAMILTON, SCOTT HART, TODD HAYNES, MARLON D. RAHMAN, ROBBIN S. THOMAS, DIANA M. VICKERS, MICHAEL VOGEL, ROBBY A. ✓ ✓ ✓ ✓ ✓ ✓ .,/ ✓ ✓ ✓ ;3, ✓ / ../ ..,, / ✓ v ✓ ✓ ✓ ../ (3c ... jfl;/q,,.,;� I,« =A..6.,..., ,e,,,::.hl'H'-l I Z:.. 4-(p ./ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ,/ ✓ ✓ ✓ ..,, ✓ ✓ ✓ l/1o)) V / ✓ ✓ /v ✓ v ... V 7 /'/, /Z:.. • t& • ,/ ✓ • ✓ • • ../ ✓ • / / • ✓ ✓ 6 ✓ ✓ • ✓ ✓ e • • • ✓ ✓ - ✓ • /J /. 3 . s_ 8� �-/o./ / A/ G ,1f'/ 1/ n C\ t ,/ (D A• :/ 1\ / ��/ I lb. ", \ {) JAYE Meeting Adjourned c; .. ..s7 PM NAVE It ABSENT /lb ABSTAIN ;e_ RECUSE January 14, 2021 There being no further business before the Commission, the meeting was adjourned at 6:57 p.m. Date Chairman Secretary