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HomeMy WebLinkAboutpc_03 10 2016 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MARCH 10, 2016 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Craig Berry Tom Brock Alan Bubbus Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Scott Hamilton Paul Latture Jennifer Martinez Belt Bill May Members Absent: None City Attorney: Shawn Overton III. Approval of the Minutes of the January 28, 2016 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. 2 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MARCH 10, 2016 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. LA-0068 Westrock Partnership Advance Grading Variance 10901 Kanis Road II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-9115 Rezoning from R-2 to R-4 2115/2201 Perry Street 2. Z-9117 Communal Services of Arkansas – Parolee/Probationer Housing Facility – Special Use Permit 2501 S. State Street 3. G-23-460 Alley Right-of-Way Abandonment Block 25, Original City of Little Rock 4. Z-4841-E Chenal Lofts High-rise Multifamily – Conditional Use Permit 15,401 Chenal Parkway (SE corner of Chenal Parkway and Wellington Hills) 5. Z-8246-B Danny’s Auto Glass – Conditional Use Permit 9601- I-30 6. Z-9109 Russell Accessory Dwelling – Conditional Use Permit 1615 N. Harrison Street 7. Z-9114 Rebick Accessory Dwelling – Conditional Use Permit #1 Mallard Pointe Cove 3 Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 8. Z-9116 Green Tree Mini-Storage (Mini-Warehouse) – Conditional Use Permit 9305 N. Rodney Parham Road 9. LA-0069 3M Company Tree Harvest Variance South of I-440 and East of Hwy. 365 10. Wright Avenue Neighborhood Plan Action Plan 11. A-327 Kanis Pride Annexation Northwest of Pride Valley and Kanis Roads 12. 12 th Street Core Plan Implementation • Amend Zoning Ordinance to add Cedar Pine Overlay • Z-9118 Reclassify I-630 to 14 th , Lewis to Maple Urban Use (UU) and Residential Low Density (R-4A) • Approve Conditional Use Permits Z-8922-A – Parking Lot 13 th to 14 th Street, West of Cedar Z-2330-A – Selected ‘C-1’ Uses 4124 West 11 th Street Z-4395-A – Selected ‘C-1’ Uses 4118 West 11 th Street 13. Proposed Amendments to Chapter 36, Section 36-556 regarding alterations to off-premise signs located on scenic corridors. March 10, 2016 ITEM NO.: A FILE NO.: LA-0068 NAME: Westrock Partnership Advanced Grading Variance LOCATION: 10,901 Kanis Road APPLICANT: Westrock Partnership APPLICANT’S REPRESENTATIVE: White-Daters & Associates AREA: Approximately 2.3 acres CURRENT ZONING: C-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 2.3 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 2.3 acres located on the south side of Kanis Road just west of Shackleford Rd at 10,901 Kanis Road. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. The subject property is requested to be advance graded to balance fill with the Parker Lexus property located south of the subject property. B. EXISTING CONDITIONS: The 2.3 acre property is covered with trees and steep slopes. The property is zoned C-2. The property is located on the southside of Kanis Rd. west of Shackleford Rd. Along the west property line of the subject property is a 50 ft. undisturbed buffer. East of the subject property are developed commercial and office properties. The hotel development, Wingate Hotel, adjacent to Shackleford Rd is zoned C-2, the Kanis Plaza strip center adjacent to Kanis Rd is zoned C-3 and the UAMS Clinic office is zoned O-3. North of the subject property is Kanis Rd. On the northside of Kanis Rd is the Hilton Garden Inn. West of the subject property is the Rose Hill Church of the Nazarene zoned R-2. South of subject property is an undeveloped property zoned C-2. This property is proposed to be the future Parker Lexus Service Center. March 10, 2016 ITEM NO.: A (Cont.) FILE NO.: LA-0068 2 C. NEIGHBORHOOD COMMENTS: As of 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. As of the time of writing, staff has not received telephone inquiries or emails about 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 stormwater detention facilities on the plan. 3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. The width of the temporary buffer strips shall be 6% of the lot width and depth. The minimum width shall be 50 ft. where the subject property is adjacent to other properties. The minimum width shall be 80 ft. where the subject property is adjacent to an arterial street. In no event shall these buffers be less than the width of the permanent buffers required for the development. With the advanced grading occurring to balance fill material with the property to the south, a berm or buffer is not required along the south property line. 7. A curved, angled, or some additional construction road design should be provided to limit the visibility of the interior grading work from Kanis Rd. 8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. March 10, 2016 ITEM NO.: A (Cont.) FILE NO.: LA-0068 3 9. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. 10. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities. 11. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 12. Public Works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of the maintenance bond. 13. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access to these buffer areas. 14. At the completion of the land alteration activities, a minimum six (6) inches of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover established. E. PLANNING STAFF COMMENTS: No comments. F. SUBDIVISION COMMITTEE: Due to this item being on the item to be discussed at the Subdivision Committee, the comments were forwarded to the committee members for review. Staff did answer questions and explain the application in more detail to Commissioner Keith Cox by telephone conversation. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: Mistakenly, staff comments were not forwarded to the applicant. H. RECOMMENDATION: Due to the comments not being forwarded to the applicant to address, staff recommends deferral of the item to the March 10, 2016 Planning Commission agenda. March 10, 2016 ITEM NO.: A (Cont.) FILE NO.: LA-0068 4 I. PLANNING COMMISSION ACTION: (January 28, 2016) The applicant was present. Staff did not forward the comments to the applicant to address. Therefore, staff recommended the item be deferred to the March 10, 2016 Planning Commission agenda. There was no further discussion. The item was placed on the consent agenda for deferral to the March 10, 2016 agenda. The item was deferred by the Planning Commission by a vote of 7 ayes, 0 noes, and 4 absent. J. ANALYSIS: The applicant provided a revised plan addressing staff’s comments. The applicant proposes to begin land alteration activities at the time a grading permit is issued for the Parker Lexus property located on the south. The plan shows a 50 ft. grading buffer along the west property line zoned OS. Two (2) earthen berms, 4 ft. in height with 3 to 1 side slopes, are shown to be constructed along the Kanis Rd frontage. The height of the berm should be sufficient to obstruct views from Kanis Road. The construction entrance is proposed to be constructed of gravel with access from Kanis Rd. In addition, the applicant has proposed depending on the amount of fill material needed to either construct an earthen berm parallel to the east property line or maintain an undisturbed, natural 30 ft. buffer to obstruct views from the neighboring property to the east. A temporary stormwater detention pond is proposed on the south side of the Kanis Rd berms. Two (2) are proposed to be constructed to drain the properties to the south and west. At the completion of the grading activities, the applicant has agreed to maintain erosion controls until vegetation is established. K. RECOMMENDATION: Staff recommends approval of the advance grading variance of the subject property with the grading of phase 1 of Parker Lexus located to the south and compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. A grading permit is required to be obtained prior to land alteration activities commencing. March 10, 2016 ITEM NO.: A (Cont.) FILE NO.: LA-0068 5 Based on the amount of fill material needed, an earthen berm parallel to the east property line or an undisturbed, natural 30 ft. buffer to obstruct views from the neighboring property to the east should be installed. Prior to the issuance of the certificate of occupancy on Parker Lexus, Phase 1, the subject property must be stabilized and vegetation established. L. PLANNING COMMISSION ACTION: (March 10, 2016) 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. March 10, 2016 ITEM NO.: 1 FILE NO.: Z-9115 Owner: Susan K. Pehrson Applicant: Kenny Whitfield, Nichols and Dimes, LLC Location: 2115/2201 Perry Street Area: 0.31 Acre Request: Rezone from R-2 to R-4 Purpose: To construct two (2) duplex structures Existing Use: Vacant lots SURROUNDING LAND USE AND ZONING North – Vacant lots, a duplex and single family residences; zoned R-2 and R-4 South – Single family residences (including manufactured homes) and vacant lots; zoned R-2 and R-7A East – Single family residences and duplex structures ; zoned R-2 and R-4 West – Single family residences and vacant lots (across Perry Street); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Perry Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow, Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of the public hearing. March 10, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-9115 2 D. LAND USE ELEMENT: Planning Division: This request is located in the I-430 Planning District at the Northeast Corner of Perry and 24 th Street. The Land Use Plan shows Residential Low Density (RL) for this property. The Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to R-4 (Two-Family District) to allow for the future development of two-family structures. Master Street Plan: The south side of the property is West 24 th Street, East side of the property is Perry Street and they are both shown as Local Streets on the Master Street Plan; the primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. 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. E. STAFF ANALYSIS: Nichols and Dimes, LLC, owner of the 0.31 acre property located at 2115/2201 Perry Street, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The property is located on the east side of Perry Street north of West 24 th Street. The rezoning is proposed to allow the construction of two (2) duplex structures on the site. The property is comprised of two (2) platted lots. The lots are currently undeveloped and partly wooded. There is a gravel driveway from Perry Street. The property has a slight slope downward from north to south, basically following the elevation of Perry Street. Vacant lots, a new duplex structure and single family homes are located north of the subject property. Single family residences are located to the south and west, across Perry Street. New duplex structures and single family residences are located to the east, along the west side of Wilson Road. March 10, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-9115 3 The City’s Future Land Use Plan designates this property as Residential Low Density (RL). The requested R-4 zoning does not require an amendment to the plan. Staff is supportive of the requested R-4 rezoning. Staff views the request as reasonable. The property is comprised of two (2) platted single family lots. Two (2) duplex structures will only be a minor increase in the original platted density. New duplex structures have been recently developed within this neighborhood. Staff recently conducted a survey of this neighborhood, between West 16 th Street and West 24 th Street, and Aldersgate Road to Junior Deputy Road. The survey counted the total number of residential lots within this area, and how many of the total residential lots are zoned R-4. Staff found that there are 368 total residential lots within this area, and that 21 are zoned R-4, with two (2) lots proposed for R-4 zoning pending before the Board of Directors. This represents R-4 zoning on a total of 6.25 percent of the overall residential lots within this neighborhood. The two (2) lots proposed for R-4 zoning would raise this ratio to 6.79 percent. Staff feels that his represents a very minimal percentage of the overall residential area. Staff believes the applicant’s plan to construct two (2) new duplexes will be a quality, in-fill type, development for this general area south of West 18 th Street. Staff believes rezoning this property to R-4 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-4 rezoning. PLANNING COMMISSION ACTION: (MARCH 10, 2016) Kenny Whitfield was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of approval. Kenny Whitfield addressed the Commission in support of the application. He briefly described the proposed rezoning. Marion Tolson (2114 Perry Street) addressed the Commission in opposition. He noted that there are narrow streets with ditches in this area and explained. He presented a photo of a neighborhood street, to the Commission. He noted that he would have not purchased his house if the duplexes were present. Mr. Whitfield explained that his company has been purchasing run-down properties in this area and developing quality duplexes. Staff noted that additional right-of-way has been dedicated with the recent R-4 rezonings and will be dedicated for the subject property. Staff also noted that the streets within this neighborhood were recently March 10, 2016 ITEM NO.: 1 (Cont.) FILE NO.: Z-9115 4 re-paved and that the new duplex construction included new culverts and driveways for the duplex properties. There was a motion to approve the requested R-4 rezoning. The vote was 10 ayes, 1 nay and 0 absent. The application was approved. March 10, 2016 ITEM NO.: 2 FILE NO.: Z-9117 Name: Communal Services of Arkansas – Parolee/Probationer Housing Facility – Special Use Permit Location: 2501 S. State Street Owner: Haybar Properties, LLC Applicant: Kelvin Harris, Communal Services of Arkansas Proposal: A Special Use Permit is requested to allow a parolee/probationer housing facility to be operated within the existing building at 2501 S. State Street. STAFF UPDATE: Based on post-application conversations with the applicant, staff has determined that a Special Use Permit is not the correct application for the proposed use. Therefore, staff recommends this application be withdrawn. The application will likely be refiled as a conditional use permit for a future Planning Commission agenda. PLANNING COMMISSION ACTION: (MARCH 10, 2016) Staff informed the Commission that the application needed to be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn. The vote was 11 ayes, 0 nays and 0 absent. March 10, 2016 ITEM NO.: 3 FILE NO.: G-23-460 Name: Alley – Right-of-Way Abandonment Location: Block 25, Original City of Little Rock Owner/Applicant: Various Owners/Ray Nolan, Moses Tucker Real Estate Request: To abandon the 20 foot wide alley right-of-way located within Block 25, Original City of Little Rock (block bounded by Scott, Cumberland, East 9 th and East 10 th Streets). Purpose: To be incorporated into new development of the west half of the block. STAFF UPDATE: On February 12, 2016 the applicant submitted a letter to staff requesting this application be withdrawn. Staff supports the withdrawal request. PLANNING COMMISSION ACTION: (MARCH 10, 2016) Staff informed the Commission that the applicant requested this application be withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn. The vote was 11 ayes, 0 nays and 0 absent. March 10, 2016 ITEM NO.: 4 FILE NO.: Z-4841-E NAME: Chenal Lofts High-rise Multifamily – Conditional Use Permit LOCATION: 15401 Chenal Parkway (SE corner of Wellington Hills and Chenal Parkway) OWNER/APPLICANT: Winrock Development/Panther Branch, LLC; White-Daters Engineers PROPOSAL: A conditional use permit is requested to allow for the development of high-rise multifamily on this O-2 zoned, 13.49 acre tract. 1. SITE LOCATION: The site is located on the south side of Chenal Parkway (north side of Kanis Road), east of the southeast corner of Chenal Parkway and Wellington Hills. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed uses and zoning, where the uses transition from the single family neighborhood to the east to the commercial development located around the Chenal/Kanis/Wellington intersection. Commercial uses and commercially zoned properties extend to the west and across the Parkway to the north. The PCD zoned property to the south is being developed as an expansion of an existing mini-warehouse development with an area for future office development fronting onto Kanis Road. Staff believes the proposed development is compatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Parkway Place, Kanis Creek and Spring Valley Manor Neighborhood Associations. As of this writing, staff has received numerous phone calls and letters both in opposition and support. 3. ON SITE DRIVES AND PARKING: Access to the site is via single driveways onto Chenal Parkway and Kanis Road. The driveway onto Chenal Parkway is described as the main access and the Kanis Driveway is described as the secondary access. A total of 294 units are proposed, requiring 441 parking spaces (1.5 space per unit). A total of 577 parking spaces are proposed. 45 spaces are in garages within the first floor of the building with a second parking lot space March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 2 stacked behind each garage. 36 spaces are in garage structures scattered around the site. Each garage structure contains 6 spaces. Additional unenclosed carport structures are also located around the site. The 13 proposed carport structures cover 92 parking spaces. Both entry points are gated. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements and the Chenal Design Overlay District 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 adjacent property to east 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-102. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 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. 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. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. PUBLIC WORKS COMMENTS: 1. Chenal Parkway 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. Kanis Rd is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 3 3. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Rd including 5-foot sidewalks with planned development. The new back of curb should be located 29.5 ft. from centerline. A left turn lane should be striped. Additional paving maybe required for required turn lane tapers. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Chenal Parkway including 5-foot sidewalks with planned development. The new back of curb should be placed to provide 3 - 11 ft. lanes. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 8. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 9. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the POA, developer and/or landowner to maintain. 10. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 11. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 12. The minimum Finish Floor elevation of at least 1 ft. above the base flood elevation is required to be shown on plat and grading plans. 13. Street Improvement plans shall include signage and striping. Public Works must approve completed plans prior to construction. 14. Street lights are required by Section 31-403 of the LR code. Provide plans for approval to Traffic Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineer 379-1813 (Greg Simmons) for more info. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 4 15. Provide a letter prepared by a registered engineer certifying the intersection sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. 16. 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. 17. The owner and/or manager of each multi-family residence of 100 or more dwelling units shall provide recycling and encourage participation by the tenants, renters, or owners of each unit. Contact Melinda Glasgow at 371-4646 for more information. No dumpsters are shown on plan for both regular trash and recyclables. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. Capacity Contribution Fee Review required. Entergy: Entergy does not object to this proposal. There are no apparent conflicts with existing Entergy facilities for this development. However, care should be used for the entrance and exit drives as there are three phase overhead power lines on the south side of Chenal Parkway and on the north side of Kanis for this property. Make sure that proper ground clearance is maintained to road surfaces and equipment as these are constructed. Contact Entergy in advance to determine electrical service requirements and locations due to this proposal. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 5 A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. 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. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 6 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. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1 – D105.4 D105.1 Where Required . Where the vertical distance between the grade plane and the highest roof surface exceed 30’, approved aerial fire apparatus access roads shall be provided. For the purposes of this section the highest roof surfaces shall be determined by measurement to the eave of a pitched roof, the intersection of a roof to the exterior wall, or the top of the parapet walls, whichever is greater. D105.2 Width . Aerial fire apparatus access roads shall have a minimum unobstructed with of 26’, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be places with the approval of the fire code official. 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 March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 7 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 allows 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. Multi-Family Residential Developments As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention Code Vol. 1. Projects having more than 100 dwelling units . Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all building, including nonresidential occupancies are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2 March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 8 As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Note: A meeting is suggested to review code issues before plans are drawn. Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . County Planning: No comment. Rock Region METRO: a) Location is not currently served by METRO however it is on our future planning for service via the West Little Rock Express route. A key component of transit is to serve large multi-family developments which tend to attract seniors and young adults who may view car ownership as nonessential. The development plans show no pedestrian infrastructure what so every for access to the street where transit serves residents. Large swaths of parking area creates barriers to that access where seniors maybe intimidated by drivers while walking. We urge the developers to reconsider pedestrian and bicycle connectivity in their design plans for both major street fronts on Kanis Rd. and Chenal Parkway as well as local shopping centers such as Kroger. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 9 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 2, 2015) Brian Dale was present, representing the application. Mr. Dale gave a brief description of the proposed apartment project. He stated that the number of units would be 294, and amended the application accordingly. He provided a revised site plan, building elevations and typical unit floor plans to the Committee. He explained that the revised plan showed detached garages and garage within the proposed apartment building. He also explained that the revised site plan showed a trash compactor area. The Public Works requirements were briefly discussed. Vince Floriani, of Public Works, discussed the required street improvements. The issue of sidewalks was briefly discussed. The Rock Region Metro comments were also briefly discussed. Kathleen Lambert, of Rock Region Metro, explained that the property was within Rock Region Metro’s future planning area. The landscape requirements were discussed. Tracy Spillman, of the Planning staff, briefly discussed the general landscape requirements for the project. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a high-rise multifamily development on this O-2 zoned, 13.49± acre tract. An existing nonresidential building occupies a small portion of the south side of the site. The remainder of the site is wooded. Part of it appears to have been cleared several years ago and allowed to grow back. In the O-2 Office and Institutional District, “high-rise multifamily at a density not greater than thirty (30) units per gross acre” is listed as a conditional use. High-rise multifamily is defined by the Code as “any structure housing residential units (public or private) which exceeds a height of thirty-five (35) feet.” The O-2 zoning district is a site plan review district and all properties in this district are to be developed under a site plan submitted to and approved by the Planning Commission. The site plan review is a component of the Commission’s review of the conditional use permit. The proposed development is to contain 294 units; 176 one bedroom units, 103 two bedroom units and 15 three bedroom units. The density proposed is 21.79 units per acre. The proposed building coverage is 24%. The O-2 zoning March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 10 district has an aggregate building coverage limit of 40%. The proposed four story building has a height of 63 feet. The O-2 district has a building height allowance of 45 feet. The Planning Commission may approve building heights of up to 120 feet in O-2 under the following rule: one foot may be added to the height of the building for each additional foot that the building is set back from the required setback lines. O-2 has a required setback from all property lines of 25 feet. The proposed building has a setback of 105 feet from the north property line, 100 feet from the south, 145 from the west and 215 feet from the east. At a minimum the building is setback 75 feet beyond the required 25 foot setback, easily allowing for the proposed additional 18 feet in building height. The proposed building will be built around two courtyards that will contain amenities such as swimming pool with cabanas, outdoor grills, bocce ball courts and outdoor fire places. The exterior of the building will be composed of masonry, hardie wood and stucco materials with a pitched, shingled roof. The architect’s rendering indicates several tower elements, one of which extends above the building’s roof line. The building contains 45 direct garages with access off of the parking lot. A single parking space is indicated behind each garage space. Each of the stacked spaces will be assigned to the tenant who has the corresponding garage. Signage consists of a single ground-mounted sign on each street frontage and a single wall sign on the north and south facades of the building. The ground sign on the Chenal frontage is a monument sign with a maximum height of 8 feet and a maximum area of 100 square feet, as allowed by the Chenal/Financial Center Design Overlay District. The ground sign on the Kanis frontage is a monument sign with a maximum height of 6 feet and a maximum area of 64 square feet, as allowed in the O-2 zoned district. All site lighting will be low-level and directional, aimed downward into the site. The dumpster/recycling collection area will be fully screened on all sides to comply with code. A 6 foot tall opaque fence will be placed on the east and west perimeters of the site. A 6 foot tall metal (wrought iron or metal) fence will be placed on the street perimeters on the north and south. Both entries will be gated. Perimeter buffers comply with code requirements. The applicant has indicated a 60 foot landscaped buffer on the east perimeter, 35 feet of which are indicated as undisturbed. The code requires a 50 foot buffer in this case, 35 feet of which are to be undisturbed. The architect’s rendering indicated a dog park area to be located at the southeast corner of the site, adjacent to an office development. Due to the proximity of the March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 11 residential neighborhood to the east, staff has suggested moving the dog park area to the west side of the development, adjacent to C-3 zoned property. The applicant has responded to the issues raised at Subdivision Committee, as noted above. No variances are requested. The applicant has provided the sight distance letter requested by Public Works. They have withdrawn their requested waiver for stormwater detention. Detention will be provided on site, as required. There is no bill of assurance for this acreage tract. Staff is supportive of the proposal. The property is located in an area of mixed uses and zoning, where the uses transition from the single family neighborhood to the east to the commercial developments located around the Chenal/Kanis/Wellington intersection. Commercial uses and commercially zoned properties extend to the west and across the Parkway to the north. The PCD property to the south is being developed as an expansion of an existing mini-warehouse development with an area for future office development fronting onto Kanis Road. The proposed building is located over 200 feet from the neighborhood to the east, with screening and buffer on the development’s eastern perimeter. The property fronts onto two arterial streets. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be low-level and directional, shielded downward into the site. 3. Dumpster and recycling container service hours are to be limited to 7:00 a.m. – 6:00 p.m., Monday – Friday. 4. The proposed dog park is to be located on the western side of the development. PLANNING COMMISSION ACTION: (MARCH 10, 2016) The applicants were present. There were several (30+/-) objectors present. Many letters and e-mails of support and opposition had been received by staff and forwarded to the commissioners. Staff informed the commission that several phone calls from persons in opposition had been received. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 12 Lucas Hargraves, representing the applicant, addressed the commission. He stated the project was needed as there had not been any new multifamily developed in this area since 2008. He stated the area needed a diversity of housing options. Mr. Hargraves made reference to the letters of support. He showed a list of businesses that had opened within a mile of this site since 2011 and said people wanted to live near where they work. Mr. Hargraves stated the site was perfect from a traffic standpoint, as it fronted on two arterial streets. He said the apartment traffic would primarily use Chenal Parkway for access. Mr. Hargraves stated there would be a sixty (60) foot buffer on the east perimeter and the building was set back two-hundred (200) feet from the residences to the east. He presented a graphic indicating the finished elevation of the apartment site in relation to the homes to the east, indicating that the roof line of the apartment building was roughly the same as the roof line of the homes to the east. Mr. Hargraves said the proposed apartments were an ideal transition from the single family to the commercial uses. He stated the developers were not maximizing the property as the apartment building was less development than what could be done under the O-2 zoning. He stated they had held two neighborhood meetings and three (3) persons attended the first meeting and sixteen-seventeen (16-17) attended the second. He said they had also met individually with some area residents. Doug Akin, of 14605 Woodcreek Dr., addressed the commission in opposition. He said he had moved to his home 24 years ago. He stated he thought an office development would be more compatible with the neighborhood than the multifamily. He said this site was the wrong place for this density. Mr. Akin said Kanis Road would not be widened west of Gamble Road for many years. He referenced the proposed Kanis Road design overlay district. Jena McDonnell, of 114 Secluded Circle, addressed the commission in opposition. She said she was a member of the group working on the Kanis DOD. She said Kanis was designated as a scenic corridor. She presented a map and spoke of the various densities of the multifamily developments in the general area. She described some as being “mega density.” Ms. McDonnell said the conditional use review was to determine if a proposed use was appropriate for a site. She urged the commission to reject the proposal and to tell the developers to work with the neighbors. Chris Gregurek, of 14615 Woodcreek Drive, spoke in opposition. He said he and his wife had circulated the petition of opposition that had been delivered to the commissioners. He said that while the O-2 district does allow high-rise multifamily as a conditional use, the purpose and intent of the district does not seem to support that use. It said it was not a low intensity use and all the trees would be cut from the site. Mr. Gregurek expressed concern about possible future negative impact. He showed a photograph taken of his son standing March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 13 thirty-five (35) feet from his rear property line and said it indicated that the proposed buffer was insufficient. He also expressed his concerns about site lighting, traffic and possible impact on future sales of homes in the neighborhood. In response to his request, approximately thirty (30) persons stood to indicate their opposition to the item. Linda Collins, of 23 Kanis Creek Place, spoke in opposition. She voiced concerns about traffic and the condition of the Kanis Road. She spoke of the neighborhood she grew up in, on Poinsettia Street, and said that neighborhood had held it value because no apartments had been built in the neighborhood. She asked the commission to consider the long-term impact on the neighborhood as the apartments age. Alvin Weintraub, of 13809 Fern Valley Drive, spoke in opposition. He said he had observed the development of multifamily along Bowman Road. He voiced concern about noise, light and the lack of proper infrastructure. He said there were three-thousand (3,000) apartments in a three (3) mile area around this site. Lucas Hargraves responded that this site was three (3) miles from the development on Bowman Road. He said all visitors to this site would use the Chenal entrance and there would be no stacking onto the street. Mr. Hargraves stated eighty (80) percent of the site’s traffic would be on Chenal. He said Ernie Peters had prepared a trip generation study showing this project would generate two-thousand (2,000) trips per day and a modest three (3) story office building would generate twice that number of trips per day. Mr. Hargraves said a larger, taller office building would generate even more traffic. He referred to a letter submitted by Landscape Architect Sally Horsey in which she recommended planting specific evergreen variety trees at fifteen (15) foot center staggered along the edge of the existing trees of the thirty-five (35) foot buffer within the twenty-five (25) foot sloped area between the existing trees and the retaining wall. He said the developer agreed to comply with that suggestion. He showed a cross section of the site indicating the line of sight from the homes to the proposed building. He concluded by stating this site would not remain undeveloped and they believed this was the highest and best use of the property. He stated this was a good transitional use and a diversity of housing options was needed in the area. . Commissioner Laha commented that the neighborhood shouldn’t worry too much about traffic being a problem. Chair Dillon commented that the site was going to be developed and any development would have traffic. She said Little Rock had changed and would continue to do so. March 10, 2016 ITEM NO.: 4 (Cont.) FILE NO.: Z-4841-E 14 Commissioner May commented that there probably was not a more anti-apartment person on the commission than him and he had observed the development of the apartments on Reservoir Road. He told the neighbors that they might get another development that would be more impactful than the proposed apartments. He said the traffic impact is not the same as on Bowman Road. Vice-chair Berry stated he supported the proposal and the commission does care about the neighborhood. He presented a power point in which he showed the housing needs in proximity to the area’s major commercial districts. He showed the reduction in the number of new single family residences being built and said the single family housing market was moribund. Vice-chair Berry said forty-five (45) percent of Little Rock households were renters and new single family developments can lead to sprawl issues. In response to a question from Commissioner Bubbus, Mike Hood of Public Works stated there was currently no funding to improve Kanis Road west of Gamble Road. It said it could possibly be funded in 2019. Commissioner Bubbus stated there was a need for a diversity of housing options. He noted the high cost of multifamily rental rates in the area. There being no further discussion, a motion was made to approve the application, including all staff comments and conditions. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2016 ITEM NO.: 5 FILE NO.: Z-8246-B NAME: Danny’s Auto Glass – Conditional Use Permit LOCATION: 9601 I-30 OWNER/APPLICANT: Daniel and Cindy Galindo PROPOSAL: A conditional use permit is requested to allow an auto glass repair and replacement business on this C-3 zoned ½ acre± property.. 1. SITE LOCATION: The property is located on the south side of I-30, one lot east of Production Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property fronts onto I-30 in an area of mixed commercial and light industrial uses. Uses immediately around the site include office machine sales and service, home appliance sales, a motel, a private club, warehousing and distribution. The proposed auto glass business is compatible with uses in the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and Southwest Little Rock United for Progress. As of this writing, staff has received no comments. 3. ON SITE DRIVES AND PARKING: Access to the site is via a single driveway off of the I-30 Frontage Road. The site has paved parking for 20+ vehicles, well in excess of parking required for this use. 4. SCREENING AND BUFFERS: No comments. 5. PUBLIC WORKS COMMENTS: No comments. March 10, 2016 ITEM NO.: 5 (Cont.) FILE NO.: Z-8246-B 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. Electrical service can be provided to the existing building from the north or east sides of the property where existing power lines already exist. Caution should be used in the area of existing power lines should any construction be taking place as a result of this permit. Contact Entergy in advance if electrical service needs change as a result of this conditional use permit. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: No comments. Building Codes: This is a change in occupancy type for this structure and is therefore subject to full commercial plan review and approval prior to occupancy. This facility must meet 2012 Arkansas Fire Prevention Code requirements. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . March 10, 2016 ITEM NO.: 5 (Cont.) FILE NO.: Z-8246-B 3 County Planning: No comment. Rock Region METRO: a) Metro currently serves this location nearby on routes 22 & 17 Mabelvale. We have no objection to the plans as shown. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 17, 2016) Cindy Galindo was present, representing the application. Staff briefly described the proposed conditional use of the property. Staff explained that a variance was needed for a reduced rear setback for the proposed metal awning structure. Staff noted that there were no Public Works or Landscape comments. The Building Codes comments were noted. Staff informed Ms. Galindo to contact the Building Codes staff with any questions. There being no further issues to discuss, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: A conditional use permit is requested to allow an automobile glass business to occupy this C-3 zoned property. The site contains a one-story, 1,600± square foot brick and frame building and a concrete parking lot. The building was originally occupied as a restaurant and subsequently by a tattoo parlor. Danny’s Auto Glass is primarily a mobile auto glass repair and replacement business; doing work at the customer’s location. They desire to continue that type of work but also desire to have a shop location where the work can be done. To accomplish this, they propose to place a 30’ X 40’ metal, awning structure at the rear of the site where repair and installation can be done. The existing principal structure will be used for office and warehouse space. Not much in way of auto glass is actually kept at the site. It is primarily picked up at the distributor’s warehouse on a job-specific basis. Hours of operation are Monday – Friday, 8:00 .m. – 5:00 p.m. and Saturday, 8:00 a.m. – noon. Signage will consist of a wall sign on the building façade facing the interstate and a single ground-mounted sign. Signage will comply with that allowed in commercial zones. No dumpster is indicated on the site plan. If one is placed on the site, it will have to be placed and screened to comply with all March 10, 2016 ITEM NO.: 5 (Cont.) FILE NO.: Z-8246-B 4 code requirements. An existing, 4-foot chain link fence separates this site from the hotel property to the east. No new fencing has been proposed. Staff is supportive of the proposed request. The auto glass repair and replacement business is compatible with uses in the area. All on-site repair and replacement must take place under the proposed metal awning structure. No outside storage of materials (new and used) is to be permitted. The 1983 bill of assurance does not address specific use issues. It does include a requirement of a rear yard setback of 25 feet for buildings. The C-3 zoning district has that same requirement. The proposed metal awning structure is indicated with at 10± ft. rear yard setback. In as much as the structure is open on all sides and portable in nature, staff supports the reduced rear yard. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP to allow an automobile glass business subject to compliance with the following conditions: 1. Compliance with the comments in Section 6 of the agenda staff report. 2. Any on-site auto glass repair and replacement is to occur only under the proposed metal awning structure. 3. There is to be no outside storage of merchandise or materials (new or used). 4. Any dumpster placed on the site must be located and screened to comply with all code requirements. Staff recommends approval of a rear yard setback variance to allow a reduced rear yard for the unenclosed, metal awning structure. PLANNING COMMISSION ACTION: (MARCH 10, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved, including all staff comments and conditions and the recommended variances. The vote was 11 ayes, 0 noes and 0 absent. March 10, 2016 ITEM NO.: 6 FILE NO.: Z-9109 NAME: Russell Accessory Dwelling – Conditional Use Permit LOCATION: 1615 N. Harrison Street OWNER/APPLICANT: Karen Russell/Jeremiah Russell, Rogue Architecture PROPOSAL: A conditional use permit is requested to allow for construction of an accessory dwelling on this R-2 zoned lot. 1. SITE LOCATION: The property is located on the east side of N. Harrison Street, south of Cantrell Road and north of “O” Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a well-established, older, single family neighborhood. Many of the properties in the immediate area contain larger, two-story accessory buildings and some of those contain accessory dwellings. The proposed rear yard area coverage is 36%, slightly larger than the code-allowed maximum of 30%. Again, this does not appear to be out of character with the neighborhood. The accessory dwelling is to be occupied by the owner’s family, close relations or guests. The applicant has stated it will not be a rental unit. Staff believes the proposed use is compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Forest Park Neighborhood Association. As of this writing, staff has received no comments. 3. ON SITE DRIVES AND PARKING: The existing residence and proposed accessory dwelling each require one on-site parking space. A single driveway off of Harrison Street provides parking. Additionally, the proposed accessory building contains a ground floor garage with access off the alley to the rear. 4. SCREENING AND BUFFERS: No comments. March 10, 2016 ITEM NO.: 6 (Cont.) FILE NO.: Z-9109 2 5. PUBLIC WORKS COMMENTS: No comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available to this site. Entergy: Entergy does not object to this proposal. Electrical service is already provided to the existing residence. However, an overhead power line exists on the west side of the alley very close to the location of the proposed garage. Care must be used to follow all NESC and OSHA clearance requirements when construction is occurring an energized power line. Contact Entergy in advance if electrical service needs change as a result of the change in allowable use. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: No comments. Building Codes: No comment. County Planning: No comment. Rock Region METRO: The location is currently served by METRO on Routes 1 & 21. We have no objection to the plans as shown. Planning Division: No comment. March 10, 2016 ITEM NO.: 6 (Cont.) FILE NO.: Z-9109 3 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 17, 2016) Jeremiah Russell was present, representing the application. Staff briefly described the proposed accessory dwelling project. Staff noted that additional information was needed regarding building design, utilities and whether or not the accessory dwelling will be rental. Staff noted that variances were requested for reduced side setback and rear yard coverage for the proposed accessory dwelling structure. Staff noted that there were no Public Works or Landscape comments. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: The R-2 zoned lot located at 1615 N. Harrison Street is occupied by a one-story, brick and frame, single family residence and a detached, one-story, frame garage. The applicant is proposing two projects. The first is to add onto the rear and side of the existing house with two, one-story additions. These additions comply with code requirements. The second project is to remove the existing one-story garage and replace it with a two-story accessory structure. The new building will have a garage and storage space on the ground floor and a studio apartment on the second floor. The proposed accessory dwelling requires a conditional use permit. The proposed accessory structure is to be placed at the same location as the existing garage and much of the existing foundation. The new structure meets setback requirements with the exception of the north side yard setback. The applicant desires to maintain the existing setback of 2± feet. The code typically requires a side yard setback of 3 feet for accessory structures. The new structure will occupy 36% of the required rear yard. The code typically allows a rear yard coverage of 30%. The proposed new accessory structure will be wood frame with wood siding to match the existing house. The roof will be pitched to match the house with architectural asphalt shingles. The maximum height of the accessory structure at the ridge will be approximately 21’ 6”. An exterior stair will provide access to the second floor accessory dwelling. The accessory dwelling will contain a bathroom, closets and an open area serving as combined sleeping, living and kitchen area. No separate utilities are requested for the accessory structure. Occupancy of the accessory dwelling will be limited to family, close relations and friends of the property owner, who will reside on site. The accessory dwelling is not proposed as rental property. March 10, 2016 ITEM NO.: 6 (Cont.) FILE NO.: Z-9109 4 To staff’s knowledge, there are no outstanding issues. The proposed two-story accessory structure with an accessory dwelling does not appear to be out of character for the neighborhood. There are several two-story accessory structures in the immediate area and some of those contain accessory dwellings. The applicant states he was informed by the county clerk’s office that no plat/bill of assurance for Englewood Addition is on file. STAFF RECOMMENDATION: Staff recommends approval of the request CUP subject to compliance with the following conditions: 1. Compliance with the comments in Section 6 of the agenda staff report. 2. One of the dwellings (accessory or principal) must be occupied by the property owner as required by the Zoning Ordinance. 3. The accessory dwelling is to be occupied only by family, close relations and guests of the property owner and is not to be rented. Staff recommends approval of the requested side yard setback and rear yard coverage variances for the proposed accessory structure. PLANNING COMMISSION ACTION: (MARCH 10, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved, including all staff comments and conditions and the recommended variances. The vote was 11 ayes, 0 noes and 0 absent. March 10, 2016 ITEM NO.: 7 FILE NO.: Z-9114 NAME: Rebick Accessory Dwelling – Conditional Use Permit LOCATION: #1 Mallard Pointe Cove OWNER/APPLICANT: Michael and Mary Jane Rebick/Brad Ewing PROPOSAL: A conditional use permit is requested to allow for the construction of an accessory dwelling on this R-2 zoned, 5± acre tract. 1. SITE LOCATION: The property is located at the south end of Edswood Road, south of Kanis Road. The property is located outside of the city limits but within the City’s zoning jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area populated primarily by large single family residences on large lots and tracts. The applicant’s property is 5± acres in size. It is not apparent to staff if there are any properties in the area with accessory dwellings. Some of the properties in the area are inaccessible due to being located in a gated neighborhood. It does appear reasonable to assume that a 405 square foot accessory dwelling on a 5± acre lot already occupied by a 4,000 square foot house is not going to be impactful on other properties in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Coalition of West Little Rock Neighborhoods. 3. ON SITE DRIVES AND PARKING: The principal dwelling and accessory dwelling each require one on-site parking space. Access to the lot is via a single driveway of Mallard Pointe Cove. The existing house has a garage. The proposed accessory dwelling is within an accessory structure that will have a garage as well. A circular driveway on the property provides vehicle circulation to both. 4. SCREENING AND BUFFERS: No comment. March 10, 2016 ITEM NO.: 7 (Cont.) FILE NO.: Z-9114 2 5. PUBLIC WORKS COMMENTS: 1. The Edswood Road Extension is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Outside Service Boundary – No comment. Entergy: Entergy does not object to this proposal. There are no conflicts with existing Entergy facilities as there are no electrical lines in the vicinity of the proposed building. Service is currently being provided to the existing house via an underground service. Contact Entergy in advance to determine electrical service requirements and facilities locations due to this guest house construction. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: No comments. Fire Department: No comments. (Notice sent to West Pulaski VFD.) Building Codes: No comment. County Planning: Provide septic approval from Arkansas Dept. of Health. Rock Region METRO: a) METRO does not currently serve this area and it is not on our Long Range Plan. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 17, 2016) The applicant was present. Staff presented the item and noted some additional information was needed regarding the building’s design. Staff asked if separate utilities were requested for the accessory dwelling and if the accessory dwelling would be rented. Staff noted septic system approval must be provided by the Arkansas Dept. of Health prior to construction of the accessory dwelling. Staff March 10, 2016 ITEM NO.: 7 (Cont.) FILE NO.: Z-9114 3 asked the applicant to provide a statement of approval from the West Pulaski Volunteer Fire Department. Public Works staff discussed the requirement of right-of-way dedication across the front (east) perimeter of the site. Staff presented an aerial photograph with the road alignment indicated. The applicant was advised that the dedication must be completed prior to construction of the accessory dwelling. The applicant was advised to respond to staff issues by February 24, 2016. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 5± acre tract located at #1 Mallard Pointe Cove is occupied by a 4,000 square foot single family residence and outbuildings, including a 2,400 square foot shop. The property is located outside of the city limits, within the City’s zoning jurisdiction. The area is fairly rural in nature and characterized by large single family residences on larger lots and tracts. The applicants are requesting approval of a conditional use permit to allow for construction of an accessory dwelling. The proposed accessory structure will be 1,232 square feet in area divided into a 405 square feet accessory dwelling and an 827 square foot garage. The one-story structure will have an exterior of Acme Oxford Brown brick to match the existing house. The structure will have a roof with a 7:12 pitch with Certaineed Hatteras architectural shingles. The accessory dwelling will contain 1 bedroom, 1 bath, a kitchen and a great room. The accessory dwelling will not be rental property. It will be occupied only by the property owners family, close relations or guests. Separate utilities are requested, in part due to the separation between structures. The accessory structure is located 130 feet from the north property line, 270 feet from the west property line, 350 feet from the east property line and 180 feet from the south property line. The structure is about 120 feet from the house. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. Construction of the accessory dwelling cannot commence until septic system approval from the Dept. of Health is presented to staff. March 10, 2016 ITEM NO.: 7 (Cont.) FILE NO.: Z-9114 4 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following: 1. Compliance with the comments in Sections 5 and 6 of the agenda staff report. 2. One of the dwellings (accessory or principal) must be occupied by the property owner as required by the Zoning Ordinance. 3. The accessory dwelling is to be occupied only by family, close relations and guests of the property owner and is not to be rented. 4. Septic system approval from the Dept. of Health must be presented to staff prior to commencing construction of the accessory dwelling. PLANNING COMMISSION ACTION: (MARCH 10, 2016) The applicant was present. There was one person present in opposition. Three letters of opposition had been received by staff and forwarded to the commissioners. Staff present the item and a recommendation of approval as outlined in the “staff recommendation” above. Brad Ewing, the applicant, addressed the commission and briefly described the proposal. He reserved time to respond to issues raised by the objector. Chris Newkirk, of 12 Mallard Point Cove, spoke in opposition. He stated he had developed the subdivision of 5+ acre tracts and it had been his intent to develop a bill of assurance for the properties. He stated Mr. Rebick was the third owner of #1 Mallard Point Cove and he had approached Mr. Rebick about his helping to develop a bill of assurance. Mr. Newkirk said his opposition was not so much against the structure but rather the location of the structure as well as other issues on the subject property. He stated the proposed building should be located elsewhere on the site, where it would be less visible. Mr. Newkirk showed photographs of the Rebick property, indicating other out buildings on the property. Mr. Newkirk expressed concern about the general condition of the Rebick property. Brad Ewing responded and made note of the proposed large setbacks. In response to a question from Chair Dillon, Mr. Ewing stated the location was chosen in part due to a pond and septic field lines. A motion was made to approve the application, including all staff comments and conditions. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. March 10, 2016 ITEM NO.: 8 FILE NO.: Z-9116 NAME: Green Tree Mini Storage (Mini-warehouse) – Conditional Use Permit LOCATION: 9305 N. Rodney Parham Road OWNER/APPLICANT: Clinton Trust/Clinton Properties PROPOSAL: A conditional use permit is requested to allow for the construction of a mini-warehouse development on this C-3 zoned, 3.33± acre tract. 1. SITE LOCATION: The property is located on the south side of North Rodney Parham Road, between Reservoir Road and Treasure Hill Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located on Rodney Parham Road in an area that does contain some variety of residential and nonresidential uses. A small commercial shopping center is adjacent to the northwest. A large area of commercially zoned properties containing a variety of commercial uses is located across Rodney Parham to the north. A church occupies the POD zoned property adjacent the east. Single family residences are adjacent to the west and south. Staff has not typically viewed mini-warehouses, a C-4 or light industrial use by-right, as being appropriate in such chose proximity to single family residential. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Treasure Hills Neighborhood Association. As of this writing, staff has received no comments. 3. ON SITE DRIVES AND PARKING: Access to the site is via a single driveway off of Rodney Parham Road. Five parking spaces are located in front of the office building, prior to passing through the gates accessing the rest of the site. A driveway circles through the site providing customers access to their individual units. No areas are set aside for outdoor storage of cars, boats, RV’s, etc... March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 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 adjacent properties to the south and west are 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. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-102 In addition to the screening requirements plant materials shall be provided at the rate of one (1) tree and three (3) shrubs or vines for every thirty (30) linear feet of land use buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. The proposed stormwater detention pond will need to be relocated from the south buffer area. 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. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. An irrigation system shall be required for developments of one (1) acre or larger. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 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. 5. PUBLIC WORKS COMMENTS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Close all old driveway cuts not proposed to be used with the proposed development. 3. 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 s 4. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 5. Per Sec. 29-102 an evaluation should be conducted on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. If the proposed development will cause or increase downstream flooding conditions should be included in the design of the storm management improvements. Such provisions may include downstream improvements and/or detention of stormwater runoff and it regulated discharge to the downstream storm drainage system. 6. 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. 7. The proposed 36 ft. driveway should be striped for 2 lanes with double yellow striping. 8. Show the call box location for the gate and how the gate will operate. The call box should be located at least 50 ft. from the street curb. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 4 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Little Rock Wastewater: Sewer available across Rodney Parham Road. Entergy: Entergy does not object to this proposal. An overhead, 3 phase power line already extends along the front of the property on Rodney Parham. A single phase line exists on the west side of this property. Contact Entergy in advance to discuss future service requirements and facilities locations to the development as it progresses. Centerpoint Energy: No comments received. AT&T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 5 by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer shall be required. Fire Department: Full plan review Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371.4875; malderfer@littlerock.org . County Planning: No comment. Rock Region METRO: Location is currently served by Route 8 Rodney Parham Rd. Add a pedestrian connection from the existing sidewalk to the office /retail space of the business which can be accessed during normal business hours. The sidewalk will provide access to jobs from the bus route. Planning Division: No comment. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 17, 2016) The applicants were not present. During the meeting, the applicant’s agent called and stated they had been unavoidably detained. Staff presented the item and noted additional information was needed regarding building design, signage, site lighting, fencing, days and hours of operation and other access to the units. Staff asked if there would be a commitment that no businesses would be permitted to operate in the units and if there was a prohibition against the storage of flammable materials. Staff asked if there would be a live-in, on-site manager. Public Works staff discussed their comments and noted the two principal issues were submission of a sketch grading and drainage plan as well as indicating the March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 6 location of the call box for the gate and how the gate would operate. It was noted that the call box needed to be at least 50 feet from the street curb. Landscape comments were discussed. Staff expressed concern about the applicant’s proposal to place the stormwater detention area in the required buffer at the south perimeter of the site. Staff noted there were other options, including placing detention in pipes under the parking lot and drives. Staff stated they would meet with the applicants after the meeting to discuss the comments. The Committee members agreed to allow the item go forward on the current agenda if the applicants respond satisfactorily to the comments by February 24, 2016. STAFF ANALYSIS: The C-3 zoned, 3.33 acre tract located at 9305 N. Rodney Parham is currently occupied by Green Tree Landscape nursery. The site contains several buildings and greenhouses. An area of customer parking is located at the front of the site. The business has occupied the site for over 40 years. The applicants are proposing to clear the site and to redevelop it with a mini-warehouse development. The proposed development will consist of several buildings containing a total of 473 rental units ranging in size from 5’ X 5’ to 10’ X 20’. 293 of the units are proposed as climate controlled and 180 are non-climate controlled. All of the mini-warehouse buildings are one-story in height. Associated with the development is a two-story managers office. The second floor may be used to provide housing for a live-in manager at some point in the future. All buildings will have metal support framing with the exception of the two-story manager’s building which will be traditional wood framing. The office building and all storage buildings facing Rodney Parham and the church to the east will have brick applied to the “visible from the street” front portion of the buildings. The office building will have a combination of brick skirts and accents and stucco wall and trim. First floor commercial window glass will be on the facades facing Rodney Parham and the side facing the parking. The exterior walls of the one-story storage buildings will be metal siding of a neutral earth tone color. The storage units will have a building height of 9’ exterior wall height with a peak at 15’ – 18’. The two-story office building will have 17’ sidewalls and a roof height not to exceed 24’. Six foot tall ornamental wrought iron fencing with brick support columns will be located on the Rodney Parham and rear perimeters. The buildings themselves will provide the closure/security along the east and west perimeters. A small March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 7 area of 6 foot tall chain link will extend along a portion of the east perimeter. No barbed wire or security wire is proposed. A single ground sign is proposed. The monument style sign will have a height of 5’ and an area of 30 square feet. No electronic message center is proposed. There will also be wall signage on the façade of the office building facing Rodney Parham. Lighting is proposed to be low level wall pack lighting, shielded downward and spaced at approximately 40’ on center along each building. No dumpsters are proposed. If one is added later, it will be screened to comply with code. Daytime management hours will be 9:00 a.m. – 5:00 p.m., Monday – Friday. Tenant (gate) access hours will be 6:00 a.m. – 10:00 p.m., seven days a week. The access gates and keypad entry have been relocated farther away from the road as required by Public Works. The detention area has been removed from the southern perimeter buffer. Detention will be underground, in pipes. The project is designed with all entry to buildings being within the site other than for a small area at the northeast corner of the development. The backs of the buildings face the east and west perimeters and serve as screening and security. A 35’ buffer is provided at the south perimeter where Burnside Drive dead-ends into the property. This buffer will be heavily landscaped to provide screening. The applicant did provide a list of proposed tenant lease requirements which address the issues staff raised at Subdivision Committee. Businesses will not be permitted to operate within the units. Storage of flammable propellant materials such as gasoline and propane will not be allowed. No vehicle maintenance will be permitted on the site. No garage sales, flea markets or direct sales will be permitted from the units or on the premises. There are several other requirements that address use of the units and conduct of persons on the site. Staff acknowledges that the applicant has done a good job of addressing the technical and design issues. However, staff has traditionally not supported mini-warehouses, a C-4 or light industrial use, in such close proximity to single family. STAFF RECOMMENDATION: Staff recommends denial. March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 8 PLANNING COMMISSION ACTION: (MARCH 10, 2016) The applicants were present. There were no registered objectors present. One person was present registered in support. Several other persons were present. They stated they were present to observe. One letter of support had been received from Grace Presbyterian Church, located next door at 9301 N. Rodney Parham Rd. Staff presented the item and a recommendation of denial. Bruce Clinton, primary owner of the property, addressed the commission. He stated his family had owned the business for 50 years. He stated it was hard for their small business to compete with larger retailers. Mr. Clinton said it was the family’s desire to maintain ownership of the property and developing it with a new business would allow them to do so. He said the property had been occupied by a C-4 use, the nursery, for years. He briefly described the proposed new development and stated it was their desire to be sensitive to their neighbors. Mr. Clinton noted there would be a reduction in curb cuts on Rodney Parham form three down to one. He stated the proposed mini-warehouses would be a quieter use of the property than other uses that could be developed on the C-3 zoned property as a matter of right. John Breen, of 501 Poinsettia, spoke in support. He said Green Tree Nursery had been a good neighbor. He said he and his neighbors would like to have the cane brake at the rear of their property preserved as a screen. He stated he and his neighbors would rather see this proposed development in light of what else could be developed on the property. Commissioner Laha asked why they were limiting the hours of access to the units. Mr. Clinton responded they wanted to be considerate of the neighbors. Commissioner Cox commented that there was no opposition from the neighborhood and this looks like a good, quiet use. Commissioner Bubbus asked if they had considered putting retail at the front of the site with the mini-warehouses at the rear. Mr. Clinton responded that the site had an unusual configuration. He said they had looked at other options but felt this proposed development was best. A motion was made to approve the application including all staff comments and conditions, except that of denial. The vote was 5 ayes, 5 noes, 0 absent and 1 abstaining (May). A couple of the commissioners expressed confusion over the vote. A motion was made to expunge the previous vote. That motion passed with a vote of 10 ayes, 0 noes, 0 absent and 1 abstaining (May). The motion March 10, 2016 ITEM NO.: 8 (Cont.) FILE NO.: Z-9116 9 was made again to approve the application including all staff comments and conditions, except the recommendation of denial. That motion was approved by a vote of 7 ayes, 3 noes, 0 absent and 1 abstaining (May). March 10, 2016 ITEM NO.: 9 FILE NO.: LA-0069 NAME: 3M Company Tree Harvest Variance Request LOCATION: South of I-440 and East of Hwy 365-Springer Blvd. APPLICANT: 3M Company APPLICANT’S REPRESENTATIVE: Michael Martar, Davis Forestry AREA: Approximately 250 acres CURRENT ZONING: R2, C3, Mining, and Open Space VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber on approximately 250 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 250 acres of 400 total acres located south of I-440 and east of Hwy 365. The applicant proposes to harvest approximately 30 to 40% of the timber to remove diseased and suppressed trees. The variance would allow staff to issue a grading permit for the timber harvesting activities without imminent construction. B. EXISTING CONDITIONS: The 250 acre property located within the City limits consists of active and reclaimed mines, industrial areas associated with the mining operations, and undisturbed tree covered areas. West of the subject property are two (2) residential subdivisions, Granite Heights Subdivision and Granite Heights Subdivision #2 and the City of Little Rock Granite Heights Park. Also, west of the subject property is Hwy 365-Springer Blvd. West of Springer Blvd at this location is several properties with industrial uses which are located outside of the City limits. South of the subject property is Hwy 365-Springer Blvd. South of Springer Blvd. is the Bliss and Dorough Subdivision which is located outside of the City limits in College Station. This subdivision has mixed uses with residential and commercial uses. Also, south of the subject property is Dulin Road. South of Dulin Road is additional property owned by 3M Company which is outside of the City limits. March 10, 2016 ITEM NO.: 9 (Cont.) FILE NO.: LA-0069 2 North of the subject property is I-440. The subject property adjacent to I-440 is zoned open space. Also, north and east of another portion of the subject property are Fletchers Subdivision and another unnamed subdivision zoned R-3 located outside of the City limits in College Station. East of the subject property is additional property owned by 3M Company which is outside of the City limit line. Also east of a portion of the subject property is the railroad and Frazier Pike. East of Frazier Pike is the Workman’s Gardens Subdivision and Mead Subdivision both zoned R-7A located outside of the City limits in College Station. Finally, east of the railroad and south of Woodrow St. in College Station is an undeveloped large parcel of property zoned R-7A. C. NEIGHBORHOOD COMMENTS: As of 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. As of the time of writing, staff has not received any telephone calls or emails with questions or desiring additional information. D. ENGINEERING COMMENTS: 1. Harvest activities must comply with state and federal forestry harvest techniques and code. 2. Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional requirements. 3. 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. 4. The harvest activities shall be expediently 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. 5. All erosion and stabilization controls, including permanent vegetation are to be maintained by the responsible party for a period of 2 years following completion of site work. 6. 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 harvest and grading activities. 7. All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 8. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. March 10, 2016 ITEM NO.: 9 (Cont.) FILE NO.: LA-0069 3 9. Erosion controls must be installed to reduce discharge of polluted stormwater. 10. The application fee has not been paid nor signs posted on the property by the applicant. For the item to remain on the current Planning Commission agenda, all fees and posting of the site must be provided. E. PLANNING STAFF COMMENTS: No comments. F. SUBDIVISION COMMITTEE: The applicant’s representative, Mr. Michael Martar, was present. Staff presented an overview of the variance application along with staff comments. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is proposing to harvest 30 to 40% of timber on approximately 400 acres. Of the 400 acres approximately 250 acres are located within the City limits. The timber harvest plan identifies a mixture of shortleaf pine and mixed hardwood trees. The reason for the harvest is that the overall health of the forest is poor, as overstocking is leading to stagnation and mortality. The harvest will target diseased and suppressed trees to improve the vigor and health of the remaining trees. The plan states all selected timber will be felled and skidded to designated logging decks where they will be delimbed and sorted by product for delivery to the mill. The timber harvest plan shows 80ft undisturbed buffers to remain adjacent to the property line of the subject property located within the City limits and not bounded by 3M Company property. Approximately 25 acres of 3M Company property will be located with the 80ft undisturbed buffers. No harvest activities are proposed within the subject property zoned open space. The timber harvest plan shows access to the subject property for timber harvest activities to be taken at three (3) locations: (1) E. 38 th St.; (2); and (3) Hwy 365- Springer Blvd. E. 38 th St. on the Master Street Plan is a residential street in the Granite Heights Subdivision #2. Hwy 365-Springer Blvd. on the Master Street Plan is shown to be a minor arterial street. The applicant has agreed to contact the LRFD about the removal of all tree tops and debris generated from the project by either burning or hauling off. The applicant has also agreed to obtain a grading permit and paint or flag all property March 10, 2016 ITEM NO.: 9 (Cont.) FILE NO.: LA-0069 4 lines and undisturbed buffers prior to beginning work. The applicant has agreed that the project will be completed in less than 1 year. H. RECOMMENDATION: The applicant has revised the application and timber harvest access will no longer be taken from E. 38 th St. With this change, staff recommends approval of the timber harvest variance request subject to the compliance with staff’s recommendations and comments found in paragraph D along with the following comments and conditions: 1. The property line and undisturbed buffers at least 80 ft in width should be marked on site with paint and/flagging; 2. A grading permit should be obtained prior to the start of harvest; 3. Mud and debris tracked on Hwy 365-Springer Blvd. will be removed immediately; 4. Any damages that occur to adjacent streets attributed to the timber harvest will be repaired immediately. 5. Access point (1) E. 38 th St. should not be used for access for harvesting activities. 6. Contact the LRFD about the removal of all tree tops and debris generated from the project by either burning or hauling off. I. PLANNING COMMISSION ACTION: (March 10, 2016) The applicant was present. Staff recommended the item be placed on consent approval subject to the compliance with staff’s recommendations and all comments. 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 staff’s recommendations and all comments by a vote of 11 ayes, 0 noes, and 0 absent. March 10, 2016 ITEM NO.: 10 Name: Wright Avenue Neighborhood Action Plan ________________________________________________________________ This Neighborhood Action plan is a result of a meeting between the Wright Avenue Neighborhood Association monthly meeting, the City Manager, and the City of Little Rock Department Directors. The Planning Department incorporated work that had already been completed by the neighborhood association that identified the “Seven Areas of Focus”. Meetings were held in the neighborhood with representatives of the Wright Avenue Neighborhood Association starting in November of 2014 and continuing through the summer of 2015. These meetings were held at the monthly neighborhood association meeting. The first meeting identified issues and concerns of residents as well as positives, each meeting after addressed an area of concern such as public safety or housing or infrastructure, etc. The Planning and Development Department worked with the various departments – Community Programs, Parks and Recreation, City Manager office (Economic development), Parks, Police Department and Public Works to gather information to present to the citizens. Planning Staff obtained background information such as Future Land Use Plan, Zoning Maps, Master Street Plan, and crime statistics in the neighborhood association area only. Staff also researched the history of the Wright Avenue area through the National Register nomination of the historic district. Staff also provided a list of all contributing and non-contributing structures to the district. The streetscape design for Wright Avenue was obtained from Parks and Recreation. The Goals and Objectives are divided into six categories: Infrastructure, Housing, Branding, Economic Development, Public Safety, and Youth. Additional meetings were held by the subcommittees which discussed and wrote goals and objectives. The Goals and Objectives are included in the individual chapters. The plan covers topics such as improving the area infrastructure, preserving historic housing, providing assistance to low income and senior citizens for housing issues, promote rehab of existing homes, developing a branding marketing strategy, improve employment opportunities, provide a safe environment for citizens of the area and provide activities for the youth. In December of 2015, the plan draft was sent to the neighborhood association for adoption. The plan was adopted by the general members of the association. March 10, 2016 ITEM 10 (Cont.) WRIGHT AVENUE NEIGHBORHOOD ACTION PLAN 2 At this time, the steering committee of the Wright Avenue Neighborhood Association requests the city via the Little Rock Planning Commission and the Board of Directors to accept the action plan as a resolution and help the neighborhood work toward the goals presented in the plan. STAFF RECOMMENDATION: Approval. PLANNING COMMISSION ACTION: (MARCH 10, 2016) Walter Malone, Planning Staff, reviewed the process for a Neighborhood Plan and the process used for the development of the Wright Avenue Plan. Sheila Miles, President Wright Avenue Neighborhood Association addressed the Commission. Ms. Miles indicated that there were six categories that always come on – housing, branding, infrastructure, youth, economic development and public safety. The Plan is organized around these issues. She reviewed some of the history of the neighborhood and talked about the neighborhoods being awarded for its ‘movies on the boulevard’ program. They hoped to continue to building the neighborhood and moving forward with the aid of the Plan. Several commissioners noted their opinion that the document was well done – Commissioners Dillon, Hamilton, Finney and Berry. A motion was made to approve the resolution of support for the Plan. By a vote of 10 for, 0 against, and 1 absent (Cox) item was approved. March 10, 2016 ITEM NO. : 11 FILE NO.: A-327 NAME: Kanis Pride Annexation REQUEST: Accept 13.68 acres plus or minus to the City LOCATION: Northwest corner of Pride Valley and Kanis Roads SOURCE: Thomas Pownall, PE - Thomas Engineering GENERAL INFORMATION: • The County Judge set a hearing on the annexation for March 24, 2016. • The area requesting annexation has been mostly cleared and graded; It is to the northwest of the Kanis Road – Pride Valley Road intersection. • There is one property owner. • The site is contiguous to the City of Little Rock along all its boundaries. • The annexation request is to obtain City services. • The site is basically triangular in shape along the west side of Kanis Road, north of Pride Valley Road. There is approximately 930 feet of frontage along Pride Valley Road and 1220 feet of frontage along Kanis Road. • Currently the property is zoned PCD, Planned Commercial District for expansion of an existing mini-warehouse, 15 Single Family lots along Pride Valley Road; and 3.88 Acres of O-2, Office and Institutional area along Kanis Road. AGENCY COMMENTS: Public Safety: Fire: No Comment Received from the Little Rock Fire Department. The Crystal Valley Volunteer Fire Department indicates they have no issues with the annexation. Police: The Little Rock Police Department has indicated that they have no issues or concerns with that requested annexation. Infrastructure and Community Facilities: Rock Region METRO Transit: Rock Region METRO Transit has no issues with the proposed annexation. March 10, 2016 ITEM NO.: 11 (Cont.) FILE NO. A-327 2 Parks and Recreation: Little Rock Parks and Recreation Department indicated this will just be more land to serve with an already minimal level of service. Public Works: The civil and traffic divisions of the Public Works Department have no comment other than the right-of-ways should all be included in the annexation. Public Works Solid Waste Division has indicated no issues or concerns with the proposed annexation. Pulaski County Planning: Pulaski County Planning and Development has indicated they have no issues or concerns with the requested annexation. Utilities: Central Arkansas Water: No Comment Received. Entergy: Entergy Arkansas indicates no issue with the annexation – power is available in the area. Reliant-Energy: No Comment Received. Wastewater Utility: No Comment Received. AT&T: No Comment Received. Schools: Little Rock: The Little Rock School District (LRSD) indicated the area was not within the LRSD area. The annexation is not within the Little Rock School District. Pulaski County Special: No Comment Received. The annexation area is within the Pulaski County Special School District. ANALYSIS: The site is surrounded by the City of Little Rock on all sides. There is a mini-warehouse development to the west and a developed single-family subdivision to the south. The property across Kanis Road is zoned O-2, Office and Institutional and mostly undeveloped – two small office buildings have been constructed. The area across Kanis Road along with the road right-of-way was annexed to the City in 1987 via Ordinance 15,324. In 2006, the area south of Pride Valley but not the Pride Valley Road right-of-way was annexed to the City (Ordinance 19512). Finally the area west of the annexation area was added to Little Rock in 2012 via Ordinance 20,640. March 10, 2016 ITEM NO.: 11 (Cont.) FILE NO. A-327 3 The site was wooded, with the portion zoned Planned Commercial District recently cleared with grading in preparation of development. The zoning application calls for the development of the 15 single-family parcels and pre-development grading of the mini-warehouse expansion area initially. The owner and the City have agreed to permit the first house for the development. This was done the last week in January 2016. The intention is to tie that home to the Little Rock wastewater system once annexation is complete. The applicant of the zoning request indicated that the required improvements to Pride Valley Road (to Collector standard) would be done with the initial phase (construction of the single-family homes). Required improvements of Kanis Road to Master Street Plan Minor Arterial standards would be at the time of development of the O-2, ‘General Office’ Tract along Kanis Road. There is an 8-in wastewater line along the west and south boundaries of the annexation request area. This line drains into a major line just northwest of the annexation area (along Rock Creek). There is a 20-in water main along Pride Valley to the south of the annexation area and both a 24-in and 12-in line along Kanis Road to the east and north. The developer has already agreed with the previously approved Planned Zoning District to extend water and wastewater facilities to this site. Fire Station 20 is located on Oak Meadow Lane just off of Markham/Kirby. ‘As-The-Crow-Flies’ this annexation area is approximately a half mile from that station, but via the existing street network it is just under a mile and a third. The lands surrounding this annexation area are already served by that station. The Police patrol for this area already has to pass by the annexation area along both Pride Valley and Kanis Roads to served areas already within the City Limits. The City does have a linear park along Rock Creek just to the north of this annexation area. The ultimate plan is for a walk/bike trail along the creek. There are also recreational facilities at Baker Elementary to the south of the annexation area. There are no public neighborhood parks in the area nor is there public land for development of a recreation area or athletic facilities in the area. The developer of the proposed development via the previous zoning action (as outlined above) has already committed to making the required improvements to both Kanis and Pride Valley Roads. With the annexation, the City of Little Rock will take over the maintenance of this section of Pride Valley Road from the County. The City already has the maintenance responsibilities for Kanis Road along the proposed annexation. Staff Recommendation: Approval of the annexation as request. March 10, 2016 ITEM NO.: 11 (Cont.) FILE NO. A-327 4 PLANNING COMMISSION ACTION: (MARCH 10, 2016) The item was placed on the consent agenda for approval. By a vote of 11 for, 0 against the consent agenda was approved. March 10, 2016 ITEM NO.: 12 12 th Street Core Plan Implementation Owner: Various Ownerships Applicant: City of Little Rock Location: Interstate 630 to 14 th Street and Maple Street to Lewis Street/Bishop Warren Drive Area: Approximately 69.4 Acres Request: Add Cedar Pine Overlay to Zoning Ordinance; Rezone from R-3, R-4, R-5, O-1, O-3, POD, PDO, C-3, and PCD to R-4A and UU (Z-9118)with the Cedar Pine Overlay; approve CUP for a Parking Lot 13 th /Pine (Z-8922-A), CUP for C-1 Uses at 4120 (Z-2330-A) and 4124 West 11 th Street (Z-4395-A) Purpose: To encourage the redevelopment of the area with its traditional more urban form. Existing Use: Various uses SURROUNDING LAND USE AND ZONING North – Interstate 630 is the northern boundary; to the northwest is the Veteran’s Hospital and University of Arkansas Medical Center - zoned R-2, R-4and R-5; to the northeast are single family homes - zoned R-3 and R-4 South – Single family homes and vacant lots - zoned R-3 and R-4 zoned MF-18 East – Single family homes and vacant lots, with some businesses along 12 th Street - zoned R-3, R-4, R-5, C-3 and POD West – Single family homes and vacant lots, with some businesses along 12 th Street - zoned R-3, R-4, C-3 and O-3 March 10, 2016 ITEM NO.: 12 (Cont.) 2 A. PUBLIC WORKS COMMENTS: 1. B. PUBLIC TRANSPORTATION ELEMENT: Bus Route #3 (Baptist Medical Center Route) runs along 12 th Street connecting downtown to the east with the Baptist Medical Center to the west. C. PUBLIC NOTIFICATION: All owners of property in the affected area and the Forest Hills, Hope, Pine to Woodrow and Stephens Area Faith Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Use – Urban (MXU), Mixed Use (MX), Public Institutional (PI) and Residential Low Density (RL) for this area. Mixed Use provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. Mixed Use 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. Public Institutional includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to R-4 (Two-Family District). Master Street Plan: 12 th Street is a Minor Arterial, Cedar and Pine Streets are Collectors and the remaining streets are Local Streets 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 March 10, 2016 ITEM NO.: 12 (Cont.) 3 12 th Street. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for 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: A Class II Bike Lane is shown along 12 th Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: This is a continuation or implementation of the 12 th Street planning effort. In 2009 a plan for the 12 th street corridor was completed with input from groups within the corridor. This plan recommended changes in the Land Use plan and zoning as well as transportation, land use, redevelopment and economic development for the corridor. This plan was accepted and support by resolutions by both the Planning Commission (Resolution 146 of December 17, 2009) and Board of Directors (Resolution 13067 of January 19, 2010). To help implement that plan the City engaged a consultant via the ‘Jump Start’ regional effort. This group developed a more specific recommendation for the ‘core’ area around Cedar/Pine and 12 th Street. The Jump Start Core Area Implementation Plan was accepted and supported by both the Planning Commission (148, 5/21/15) and Board of Directors (14157, 7/21/2015) by resolutions in 2015. Since this time Planning Staff took the consultant’s zoning recommendations for that area and, with only minor modifications, has presented to the property owners in the area the proposal to reclassify the area as recommended in the Jump Start document. Staff reviewed the existing zoning pattern taking specific note of Planned Zoning Districts and Conditional Uses in the area. After review of the case files, only one of the conditional use permit (CUP) areas was determined to need to be recognized with a new CUP with the reclassification to R-4A (Neighborhood Overlay). This is for a parking lot between 13 th and 14 th Streets, west of Cedar Street. Four of the Planned Zoning Districts were determined to need to remain – PCD for motel, Pine and I-630; POD for a church and other uses, 9 th to 10 th – Pine to Cedar; PRD for a duplex, Oak and 11 th Street; and PCD for auto repair and sales, Pine and 12 th Street. March 10, 2016 ITEM NO.: 12 (Cont.) 4 The recommendation of the Jump Start Core Plan is to zone the land along 12 th Street to Urban Use (UU) with an overlay character Mixed Use. This area also includes both sides of 13 th Street from Elm to Oak Streets. The intention is this area be redeveloped into a business core for the neighborhood with a mix of uses and services. This area is currently zoned C-3 (General Commercial), POD (Planned Office District), PDO (Planned District Office), R-4 (Two Family), R-3 (Single Family). There is scattering of businesses, Hinton Resource Center, 12 th Street Station, and Hoover United Methodist Church in the area. A second business area is proposed along the freeway at Cedar-Pine. This area would also be reclassified to Urban Use (UU) with an overlay character Highway Mixed Use. This area is currently zoned PCD (Planned Commercial District), O-3 (General Office) and R-4 (Two-Family). There is a partial developed office area currently owned by UAMS, medical offices for the County Health Department and Single Family homes on this land. The remainder of the area would be re-classified to R-4A (Residential Low Density) with an overlay character Neighborhood. Currently it is zoned R-3 (Single-family), R-4 (Two-Family), O-1 (Quiet Office), O-3 (General Office), and PCD (Planned Commercial District). Most of the area is single-family homes or vacant parcels. Meetings were held the last of October 2015 for the property owners in the area. Not only the property owners but also the Neighborhood Associations in the area, and interested groups who had been part of the 12 th Street planning effort were notified. An evening meeting was held to review the plan and proposed re- classification. Handouts were made available to anyone in attendance for both the various current zoning classifications and the proposed zoning with overlay. This was done to help individuals see the differences and to be able to judge for themselves the pluses or minuses for the re-classification for their property. A second ‘drop-in’ type of meeting was held later in the week to allow individuals more time to ask specific questions. At these meetings there were a few general questions, but no comments in support or opposition to the suggested changes were offered. No contacts from property owners or interested individuals were made to Staff as a result of this meeting. Staff next, identified each of the property owners with Planned Zoning District or Conditional Use Permits and sent the letters explaining the change or no change proposed for their property. Then a ‘drop-in’ meeting was scheduled for January 21 from those property owners to come and get more detailed answers to any questions. There were a few email and phone contacts, generally informational in nature. March 10, 2016 ITEM NO.: 12 (Cont.) 5 One property owner with a Conditional Use Permit (CUP) for a ‘Day Care’ indicated there was no day-care currently at that location and they did not want to continue the CUP for that use with this zoning action. A mailing after the January 21 meeting resulted in additional email and phone contacts with one office visit. Again all these contacts were informational in nature. Based on these responses Staff has decided to proceed to public hearing on the re-classifications as reviewed previously. The Jump Start Core Implementation Plan recommendation to reclassify the area between Interstate-630 to 14 th Street and Maple to Lewis/Bishop Warren Drive requires two actions to accomplish. First, the city must amend the Zoning Ordinance to add the Cedar Pine Overlay. The second action is to approve the reclassification of the area from various classifications to either Urban Use (UU) or Residential Low Density (R4A) (to be case file: Z-9118) as described above with three Conditional Use Permits. Some 233 letters were written to property owners for various changes within the area covered by this re-classification notifying them of the Planning Commission meeting to vote on the re-classifications. The letters were for different ‘from-to’ type of re-classification relationships and/or property owners. Approximately 200 different property owners received letters about the public hearing to make the zoning change. These letters were mailed February 5, 2016. In addition, the four neighborhood associations in the area received letters with maps of the proposed changes to be voted on by the Planning Commission. Staff has received over a dozen phone calls from property owners since the mailing of the notice. These calls have been informational in nature, requesting additional information or expressing lack of understanding of what was happening. In addition, a few individuals have come to the Planning Development offices or written (emails or letters) requesting additional information or asking questions prior to the writing of this report. Again, these contacts have been informational in nature. Several ‘packages’ with the information distributed at the October property owner meeting were mailed at the request of some owners. As noted previously Staff recommends three Conditional Use Permits be approved. These are to assure that the property owners do not lose already approved uses for their property as a result of this re-classification. The first Conditional Use Permit (Z-8922-A) is to re-affirm a conditional use permit for a parking lot between 13 th and 14 th Street, west of Cedar. This would be for the use of Hoover United Methodist Church and users of the 12 th Street Station. The second Conditional Use Permit (Z-2330-A) for 4124 West 11 th Street would add the following uses for this property: March 10, 2016 ITEM NO.: 12 (Cont.) 6 Bank or saving and loan; Church; Clinic (medical, dental or optical); Day nursery or day care center; Day care, adult; Duplication shop; Establishment of a religious, charitable or philanthropic organization; Fire Station; Library, art gallery, museum, or similar public use; Lodge or fraternal organization; Office (general and professional); Photography studio; Private school, kindergarten or institution for special education; School (public or denominational); Studio (art, music, speech, drama, dance, or other artistic endeavors); Studio (broadcasting or recording); Travel bureau; Mobile canteen units when operated in compliance with current planning department regulations for such vehicles. This is a parcel zoned O-3, General Office where a doctor’s office was located (a daycare facility is currently using the parcel). The third Conditional Use Permit (Z-4395-B) for 4118 West 11 th Street is for the following uses: Bank or saving and loan; Barber and beauty shop; Church; Clinic (medical, dental or optical); Day nursery or day care center; Day care, adult; Establishment of a religious, charitable or philanthropic organization; Fire Station; Library, art gallery, museum, or similar public use; Office (general and professional); Private school, kindergarten or institution for special education; School (public or denominational); Studio (art, music, speech, drama, dance, or other artistic endeavors); Travel bureau; Mobile canteen units when operated in compliance with current planning department regulations for such vehicles. This is a parcel zoned O-1, Quiet Office with a Conditional Use for a beauty shop. The current use is a single-family home. F. STAFF RECOMMENDATION: Staff recommends approval of adding the Cedar Pine Overlay to the Little Rock Zoning Ordinance and recommends the reclassifications to R-4A and UU (Z- 9118) on the Zoning Map with Conditional Use Permits Z-8922-A, Z-2330-A and Z-4395-B. March 10, 2016 ITEM NO.: 12 (Cont.) 7 PLANNING COMMISSION ACTION: (MARCH 10, 2016) Walter Malone, Planning Staff, reminded the Commission of the 12 th Street Study and 12 th Street Core Plans that had been presented to the Commission and Board of Directors in 2009/2010 and 2015 respectively for approval. Today’s item is the implementation of those two efforts. It will require three actions: to add the Cedar/Pine Overlay to the zoning ordinance, rezone the area between Lewis and Maple, I-630 and 14 th Street, and finally to approve three Conditional Use Permits (CUP). Mr. Malone reviewed the major parts of the new regulations for the area. Then he went over the three CUPs indicated in the package. Mr. T. R. Clark, representative of property at Oak and 12 th Streets, indicated that the property was purchased four years ago for a convenience store. The current owners have convenience stores and restaurants. They have wanted to renovate the building for that purpose and have put some money in to the building. Mr. Clark talked about selling to someone else who might develop the site as a convenience store. Such a use as convenience that makes sense for this neighborhood. The owners have talked to potential buyers. He also talked about retail uses and the Dollar Tree on 12 th Street as well as changes along 12 th street. The owners were asking to keep the ‘C-3’ zoning and what goes with that classification. Mr. Clark indicated he could provide a list of potential users if desired. The neighborhood is good for walking trade. He talked about what might be in a convenience store, having tried to work with Better Community Developers on the site, etc. One would need a national brand to make redevelopment of this site work. He talked about changes in the area and previous uses in the area and that it would be best to develop the entire block face as one project. Commission Berry asked what he would be able to do with the new zoning versus the current. Mr. Malone indicated that with the new zoning, all the current C-3 Uses as long as they are inside, could be done plus any other users in any commercial, office or residential district. And that the parking and building requirements would be waived as long as no area was added to the building – i.e. you could redevelopment the existing building and have parking in the front as long as no area was added to the building. A motion was made to add the Cedar/Pine Overlay to the Zoning Ordinance. By a vote of 10 for, 0 against, and 1 absent (Cox) the motion was approved. A motion was made to rezone the area between Lewis and Maple from I-630 to 14 th Street as Staff has recommended. By a vote of 10 for, 0 against, and 1 absent (Cox) the motion was approved. A motion was made to approve the three Conditional Use Permits (Z-8922- A, Z-2330-A, Z-4395-A) as recommended by Staff. By a vote of 10 for, 0 against, and 1 absent (Cox) the motion was approved. March 10, 2016 ITEM NO.: 13 Item: Proposed Amendments to Chapter 36, Section 36-556 regarding alteration to off-premises signs located on scenic corridors. The term scenic corridor is a reference in the City’s sign code that is defined as: “a public right-of-way which, in the opinion of the board of directors, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation.” Scenic corridors were first created in July 1992. At that time, I-630, I-430, I-440, Highway 10, Rebsamen Park Road and the western portion of Chenal Parkway were designated scenic corridors. The designation prohibits the erection of new billboards and limits the alteration of any pre-existing billboards on those designated corridors. In January 2005, the scenic corridor designation was extended to Kanis Road, Stagecoach Road, Colonel Glenn Road west of the Stagecoach intersection and the remainder of Chenal Parkway. There were small segments of Kanis and Colonel Glenn where a billboard could be erected within specifically designated commercial zones. The current proposal before the planning commission is to allow for the alteration of the one billboard behind the Shell station at Kanis and Shackleford and three of the existing billboards located on I-630 between University Avenue and Children’s Hospital. In exchange, several billboards are to be removed from locations throughout the City. Additionally, for each billboard removed under this proposal, the cap ratio, which determines how many billboards are allowed in the city, will be corresponding reduced. It is conceivable that up to 13 billboards could be removed and the number of allowed billboards reduced from 198 down to 185. No new billboards will be permitted in the scenic corridors under this proposal. No more than four (4) existing billboards total will be permitted to be altered, including conversion to digital format. A copy of Chapter 36, Section 36-556 (b) is attached. The proposed new text is indicated as underlined. Notice of the proposed amendment was sent to all local billboard companies and neighborhood associations where the existing billboards proposed for alteration are located. March 10, 2016 ITEM NO.: 13 (Cont.) 2 STAFF RECOMMENDATION: Staff recommends approval of the Ordinance Amendment. PLANNING COMMISSION ACTION: (MARCH 10, 2016) There was one person present who had registered in support. There were no other interested parties present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. PROPOSED ORDINANCE AMENDMENT TEXT (b) I-430, I-630, I-440, Highway 10, Rebsamen Park Road, Chenal Parkway- Financial Center Parkway from Shackleford Road to State Highway 300, Kanis Road from West 12th Street to the western boundary of the planning boundary, Stagecoach Road and Colonel Glenn Road from Stagecoach Road to the western boundary of the planning boundary are designated as scenic corridors for the purposes of this article. No billboard may be altered or erected within six hundred sixty (660) feet of the nearest edge of the right-of-way of the scenic corridors, except on properly zoned properties within the following specifically designated segments of the scenic corridors: (1) Along Kanis Road, beginning six hundred sixty (660) feet south of Chenal Parkway to Pride Valley Road. Billboards in this area must not exceed ten (10) feet six (6) inches by twenty-two (22) feet eight (8) inches in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted. (2) Along Kanis Road, one thousand (1,000) feet both east and west of Bowman Road; and along Bowman Road, six hundred sixty (660) feet both north and south of Kanis Road. (3) Along Kanis Road, from Rodney Parham Road to one hundred (100) feet west of Leander Street. (4) Along Colonel Glenn Road, beginning six hundred sixty (660) feet west of I-430 to Lawson Road; and along Bowman Road and David O. Dodd Road, six hundred sixty (660) feet both north and south of Colonel Glenn Road. (5) Along Colonel Glenn Road, beginning six hundred sixty (660) feet east of I-430 to one thousand (1,000) feet east of Shackleford Road. Billboards in this area must not exceed ten (10) feet six (6) inches by twenty-two (22) feet eight (8) inches in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted. (6) Along I-630 beginning one thousand (1000) feet east of Rice Street to one thousand (1000) feet west of University Avenue. Existing Billboards in this area may be modified and/or altered in their current location or on the same parcels on which they are currently located including conversion to digital format as long as the modifications or alterations do not increase the size of the then- existing faces and as long as the modified or altered billboards and locations meet the then-existing requirements of the Arkansas Highway and Transportation Department including any spacing or distance requirements. No more than a total of four (4) faces Proposed Ordinance Amendment Text (Cont.) 2 across three (3) structures (i.e., a maximum of one structure with two digital faces and two structures with one digital face each) in this area may be converted to digital format, and the conversion of a billboard structure in this area to digital format shall be allowed only if the owner of the billboard to be converted removes another billboard within the City located on Highway 10. Upon such removal, the number of billboard sites allowed to be permitted in areas annexed into the city referenced in subsection (d) shall be reduced by one for each such removal and the current cap ratio stated in subsection (d) for billboard sites shall be adjusted accordingly. Such removal of another billboard shall be required only if the billboard is actually converted to digital format by the owner of the billboard. The removal of the other billboard shall be accomplished no later than the 30 th day following the first day of operation of the converted digital billboard. (7) Along Kanis Road extending five hundred (500) feet west of the Shackleford Road and Kanis Road intersection. The number of billboards permitted in this area shall not exceed one (1). The billboard in this area may be modified and/or altered in its current location including conversion to digital format as long as the modifications or alterations do not increase the size of the then- existing faces and as long as the modified or altered billboards and locations meet the then-existing requirements of the Arkansas Highway and Transportation Department including any spacing or distance requirements. However, the conversion of the billboard in this area to digital format shall be allowed only if the owner of the billboard to be converted removes any ten (10) other currently permitted billboards within the City. Upon such removal, the number of billboard sites allowed to be permitted in areas annexed into the city referenced in subsection (d) shall be reduced by one for each such removal and the current cap ratio stated in subsection (d) for billboard sites shall be adjusted accordingly. Such removal of the ten other billboards shall be required only if the billboard located within this area is actually converted to digital format by the owner of the billboard. The removal of the other billboards shall be accomplished no later than the 30 th day following the first day of operation of the converted digital billboard. a: 0 L O Q .. w Ln V w ri I- Z w N M Eq -td w Z w Q �I v■ mumm MEMEMBEEMEME IMEMEMMORMIN �eoaoe� e o■ m �■ ■ w cc W N w z H w w —� J w m Q U � w zQ Q N 9 m Z) m _ m . � Z } m W Y X Q U f-vv z a Z O o Q v m > Lu Z_} z E= O N>- 0 Q a a a m m m < a: 0 L O Q .. w Ln V w ri I- Z w N M Eq -td w Z w Q �I w cc W N w z H w w —� J w m Q U � w zQ Q N 9 m Z) m _ m . � Z } m W Y X Q U f-vv z a Z O o Q v m > Lu Z_} z E= O N>- 0 Q a a a m m m < a: 0 L O Q .. w Ln V w ri I- Z w N M Eq -td w Z w Q �I March 10, 2016 There being no further business before the Commission, the meeting was adjourned at 7:02 p.m. Date -4-2-1, 16 Chairman