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Z-8647 Staff AnalysisFILE NO.: Z-8647 NAME: Good Shepard Short -form PD-R LOCATION: Located at 2901 Aldersgate Road DEVELOPER: Autumn Group, Inc. 7624 Cantrell Road Little Rock, AR 72227 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 ARCHITECT: Terry Burruss 614 Center Street Little Rock, AR 72201 AREA: 2.0 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING NUMBER OF LOTS: 1 OS, Open Space Open Space PD-R FT. NEW STREET: 0 LF PROPOSED USE: Allow grading within the previously zoned OS area VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance Number 14,624 adopted by the Little Rock Board of Directors on March 20, 1984, rezoned some 100+ acres from R-2, Single-family to OS, Open Space, MF-12 and MF-18. The area proposed for grading with the current request was identified as Tract 4 and contained 5.617 acres. The OS zoned strip extended along the eastern FILE NO.: Z-8647 (Cont. boundary of the Good Shepard property and was indicated with a maximum width of 150-feet. Ordinance Number 15,226 adopted by the Little Rock Board of Directors on December 16, 1986, appears to be a duplicate ordinance rezoning the properties once again to OS, Open Space, MF-12 and MF-18. A. PROPDSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is now requesting to rezone a 50-foot by 800-foot OS zoned strip to PD-R. The request is a companion application to a separate item on this agenda (S-1515-A, Good Shepard Subdivision Site Plan Review). The requested rezoning is to allow grading within the OS, Open Space zoned area. The Site Plan Review application request has located the proposed buildings, parking, stormwater detention and walking trails outside the OS, Open Space zoned area located along the southern and eastern portions of the development. The current request is to allow clearing and grading within the open space area. The applicant's justification for the grading within this area is to allow a 3 to 1 slope behind Buildings 14 through 17 and eliminate the need for retaining walls. The cover letter indicates once grading is complete the area will be seeded and replanted with evergreen trees. The applicant's cover letter states grading in this area will enhance the open space buffer. He states during the winter months, the proposed units and the existing Kensington homes will have visibility through the existing open space buffer. He states with the proposed evergreen screen, homes will be screened during all times of the year. The property is not located within a recorded subdivision therefore, there is not a bill of assurance for this property. All Utility, Fire Department, Technical Design and Public Works comments are addressed with the Site Plan Review request Item #2, Case File # S-1515-A. B. EXISTING CONDITIONS: The property is wooded located south and east of the existing Good Shepard residential towers. The property is currently zoned OS, Open Space containing just over 5 acres. There are single-family homes located to the east within the Kensington and Twin Lakes Subdivisions. South of the OS zoned property is property zoned POD owned by Arkansas Hospice which is undeveloped. Southwest is property developed by Our Way as residential housing. To the west of the OS zoned property is MF-12 and MF-18 zoned property currently being considered for development as senior apartment housing as a companion application to this request. 2 FILE NO Z-8647 (Cont.) C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, the John Barrow Neighborhood Association, the Twin Lake A Property Owners Association, the Twin Lake B Property Owners Association, the Twin Lakes B Special Recreational Improvement District and the Kensington Place Neighborhood Association were notified of the public hearing. D. SUBDIVISiON COMMITTEE COMMENT: (January 5, 2011) This item was not specifically discussed at the Subdivision Committee meeting held January 5, 2011. The item is a result of the Subdivision Committee meeting and issues raised concerning the placement of improvements within the OS, Open Space zoned area. For Subdivision Committee comments please see the companion request Item #2 Case File # S-1515-A. E. ANALYSIS: The applicant submitted a revised cover letter and a rezoning request to resolve issues raised at the January 5, 2011, Subdivision Committee meeting. Based on the need to grade the site and provide 3 to 1 slopes in lieu of retaining walls the applicant has filed a companion application for the adjacent site. This request is to rezone a portion of the OS zoned property to PD-R. The area proposed for grading and rezoning is a 50-foot by 800-foot strip containing less than 2 acres. The grading will occur With the development of an adjacent multi -family development. The grading activities will not Occur until a building permit is issued for buildings within the Phase I portion of the adjacent development. The applicant has indicated the grading will take place behind Buildings 14 through 17. Once grading operations are complete, the area will be seeded and replanted with evergreen trees. The applicant's cover letter states grading in this area will enhance the open space buffer. He states during the winter months, the proposed units and the existing Kensington homes will have visibility through the existing open space buffer. He states with the proposed evergreen screen, homes will be screened during all times of the year. Staff is supportive of the requested rezoning. Staff feels there should be conditions placed on the approval. Staff feels the tree placement should be 15-feet on center and the trees should have a minimum caliper of two (2) inches and be a minimum of six (6) to eight (8) feet in height at the time of planting. Staff also feels the reseeding and placement of evergreen plantings should occur with the completion of the grading activities. To staff's knowledge there are no remaining outstanding technical issues associated with the request. 3 FILE NO.: Z-8647 (Cont. F. STAFF RECOMMENDATION: Staff recommends approval of the request to rezone the area from OS, Open Space to PD-R to allow grading within the area. Staff recommends upon completion of the grading the area be reseeded and evergreen trees be planted with a minimum caliper of two (2) inches, and a minimum height of six (6) feet place 15-feet on center. PLANNING COMMISSION ACTION- (JANUARY 27, 2011) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to rezone the area from OS, Open Space to PD-R to allow grading within the area. Staff presented a recommendation that upon completion of the grading the area was to be reseeded and evergreen trees to be planted with a minimum caliper of two (2) inches, and a minimum height of six (6) feet place 15-feet on center. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 4