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HomeMy WebLinkAboutpc_03 20 2014 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD MARCH 20, 2014 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Jennifer Martinez Belt Craig Berry Alan Bubbus Buelah Bynum Keith Cox Janet Dillon Rebecca Finney Keith Fountain Bill May Obray Nunnley, Jr. Members Absent: Tom Brock City Attorney: Cindy Dawson III. Approval of the Minutes of the January 30, 2014 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MARCH 20, 2014 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8906 Cleveland Accessory Dwelling – Conditional Use Permit 1402 Madison Lane B. Z-8866 Chenal Car Wash – Conditional Use Permit 17000 Chenal Parkway II. NEW BUSINESS: Item Number: File Number: Title: 1. G-23-443 Alley – Right-of-Way Abandonment Block 4, Clark’s Addition 2. Z-1090-C SiteExcell Tower Use Permit 2811 Fair Park Blvd. 3. Z-8913 Dougan Duplexes – Conditional Use Permit 5519 – 5523 Lee Avenue 4. Z-8922 13th Street and Cedar Parking Lot – Conditional Use Permit West side of 1300 Block of S. Cedar Street 5. John Barrow Design Overlay District Markham to Colonel Glenn along John Barrow Road March 20, 2014 ITEM NO.: A FILE NO.: Z-8906 NAME: Cleveland Accessory Dwelling – Conditional Use Permit LOCATION: 1402 Madison Lane OWNER/APPLICANT: Elton Cleveland/Justin Cleveland PROPOSAL: A conditional use permit is requested to allow for the construction of an accessory dwelling on this R-2 zoned 5.45 acre tract. 1. SITE LOCATION: The property is located outside of the city limits, within the City’s zoning jurisdiction. The property is located at the end of Leatha Lane, east off of Stewart Road, ¾ mile south of Kanis Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a neighborhood of large homes on large tracts. Many of the properties also include detached accessory buildings. Staff was unable to determine if any of those properties contain accessory dwellings. It is not unusual for large, estate-sized properties to contain a principal dwelling and an accessory dwelling to accommodate other family members and guests. The POA architect chairman has approved the structure and the applicant states there is another accessory dwelling on a nearby property. Staff believes the proposed dwelling is compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site. There is no registered neighborhood association in the area but the POA has approved the proposal. 3. ON SITE DRIVES AND PARKING: Access to the existing dwelling is off of Madison Lane. A second driveway off of Leatha Lane will provide access to the proposed accessory dwelling which will have a two-car garage. Drives and parking will exceed the minimum requirement of 1 space per dwelling. March 20, 2014 ITEM NO.: A (Cont.) FILE NO.: Z-8906 2 4. SCREENING AND BUFFERS: No Comment. 5. PUBLIC WORKS COMMENTS: No Comment. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: No comment received. Entergy: Entergy has no objection to this conditional use permit for the accessory dwelling. Contact Entergy when service is required. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. 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 if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Fire Department: Little Rock Fire Department - Approved as submitted. West Pulaski VFD – Approved as submitted. County Planning: No comment received. CATA: Outside of service area, no comments. March 20, 2014 ITEM NO.: A (Cont.) FILE NO.: Z-8906 3 SUBDIVISION COMMITTEE COMMENT: (JANUARY 8, 2014) Elton Cleveland was present. Staff presented the item and noted little additional information was needed. Staff asked for some additional information on the proposed accessory dwelling structure. It was noted that a letter had been provided by the POA Architect Chairman indicating approval of the proposed accessory dwelling. Staff informed Mr. Cleveland and the Committee of the R-2 district requirement that the property owner occupy one of the dwellings. Mr. Cleveland stated that was the intent. The applicant was advised to respond to staff issues by Wednesday, January 15, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The 5.45 acre tract located at 1402 Madison Lane is currently occupied by a large, two-story single family residence. The applicants are requesting approval of a conditional use permit to allow for construction of an accessory dwelling on the property. The property is located outside of the city limits, within the City’s zoning jurisdiction. The proposed one-story, two bedroom accessory dwelling will be located near the rear of the property, behind the principal dwelling. The structure will be constructed of brick to match the house. The dwelling will have a two car garage with access via a new, paved driveway off of Leatha Lane. The property is owned by Elton and Linda Cleveland who will move into the accessory dwelling once it is completed. Their son Justin, along with his wife and children, will move into the principal dwelling. Justin and his wife will help to provide assistance to his mother who has medical needs. It is possible that an unenclosed, covered walkway will be built between the two structures. To staff’s knowledge, there are no outstanding issues. There is apparently no bill of assurance for this acreage tract. The applicant states the dwelling will not be rented, but will be occupied by family members. The R-2 zoning district requires that the property owner reside in either the principal or accessory dwelling. A letter has been provided by the POA Architect Chairman stating “family owned buildings such as mother-in-law quarters have been approved as long as their design is the same design and style of the main house. No such houses may be rented or sold or inhabited by a non-family member.” March 20, 2014 ITEM NO.: A (Cont.) FILE NO.: Z-8906 4 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 Section 6 of the agenda staff report. 2. One of the dwellings must be occupied by the property owner, as required in the R-2 zoning district. PLANNING COMMISSION ACTION: (JANUARY 30, 2014) The applicant was not present. There were no objectors present. Staff informed the commission that the applicant had requested deferral of the item on January 27, 2014. The reason for the deferral is to allow the applicant to work with the neighbors on issues related to restricted covenants or a bill of assurance that apparently does exist for the property. There was no further discussion. A motion was made to waive the commission’s bylaws to accept the late request for deferral. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. The item was then placed on the consent agenda and approved for deferral to the March 20, 2014 meeting by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 20, 2014) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that there was apparently a bill of assurance for the unrecorded Western Edge Estates II Subdivision. The Commission was informed that the property owners had approved an amendment to the bill of assurance to allow a “guest house” on each lot. The amended bill of assurance provided to staff includes the following statement: “However, one guest house may be erected as an accessory structure on each lot; provided, that any such guest house may not be leased, rented or sublet, directly or indirectly, to any party and may not be permanently occupied by anyone other than a member of the lot owner’s family. The guest house erected as an accessory structure shall be similar in style and architecture to the main residence on the lot and shall be no larger than 1,500 heated and cooled square feet.” March 20, 2014 ITEM NO.: A (Cont.) FILE NO.: Z-8906 5 Staff recommended approval of the CUP subject to the conditions as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. March 20, 2014 ITEM NO.: B FILE NO.: Z-8866 NAME: Chenal Car Wash Conditional Use Permit LOCATION: 17000 Chenal Parkway OWNER/APPLICANT: Chenal Car Wash, LLC/White-Daters & Associates PROPOSAL: A conditional use permit is requested to allow for construction of a single-tunnel, automatic car wash on this undeveloped, C-3 zoned property. 1. SITE LOCATION: The property is located on the north side of Chenal Parkway, at the intersection of Chenal and West Kanis; one block west of Kirk Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area that is either primarily zoned for or currently developed as a variety of commercial uses. Areas of undeveloped C-3 or PCD zoned properties surround the site. A variety of commercial and office uses extend along Chenal Parkway. Other automobile related uses in the immediate area include an automobile repair shop on Kirk Road, a convenience store with gas pumps and a car wash at Kirk and Chenal and a gas station in front of the Kroger Store on Chenal. The property adjacent to the east is being developed as a small commercial center. The proposed use is compatible with uses and zoning in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site, The Villages of Wellington Neighborhood Association and Chenal Properties. 3. ON SITE DRIVES AND PARKING: Access to the site is via a single driveway off of the private drive at the rear (north) of the site. The driveway was relocated to this site after staff opposed a driveway which was proposed off of the new private street. A driveway will circle through the order kiosk and automatic car wash facility. Seventeen parking spaces are indicated for up to twelve vacuum stations and employee parking. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s Landscape and Buffer Ordinance requirements. Berming is highly encouraged along the Parkway by both the City of Little Rock and the City Beautiful Commission. The zoning street buffer requires an average nineteen (19) foot wide street buffer along the Chenal property line and in no case to be less than half. This amount should remain after all right-of-way dedication. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the site’s entirety. A variance from the City Beautiful Commission is required prior to the issuance of a building permit. A small amount of building landscaping will be required. An automatic irrigation system will be required. 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: (Initial Review Comments) 1. Chenal Parkway is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Chenal Parkway including 5-foot sidewalks with planned development. Provide a left turn lane and intersection signal modifications. 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 start of construction. If grading is desired to occur prior to construction being imminent a variance to advance grade the property must be requested. 4. Storm water detention ordinance apples to this property. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 3 5. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 6. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 7. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area fifty (50) feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at all intersections. 8. Repair, replace, or extend existing damaged or missing curb and gutter, sidewalk, ramps or concrete driveway aprons within the public right-of-way adjacent to the site. Remove abandoned driveway cuts and install curb, gutter and sidewalk. All work within the public right- of-way shall conform to City of Little Rock Standard Details and ADA guidelines. 9. Provide five (5) foot wide sidewalks with handicapped ramps on both sides of the commercial access easement access Chenal Parkway. Sidewalks are required to be installed per City of Little Rock Standard Details PW-41 thru PW-47. 10. Private commercial streets (access easement off of Chenal Parkway) are required to be a minimum thirty-one (31) feet in width with sidewalk on both sides. 11. Show all proposed improvements to Chenal Parkway, eastbound left turn lane. The left turn lane should provide two hundred-fifty (250) feet of stack space and one hundred fifty (150) feet taper. Only a portion of the left turn lane is shown. 12. Intersections constructed on Chenal Parkway must meet the design requirements for intersections providing full access. Intersections must lien up with lanes on opposite approach. The driveway should be channelized per the Engineering Alignment of Rock Creek Parkway as part of the Master Street Plan. 13. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 4 14. Due to the commercial private street accessing a signalized intersection. The most southernly drive aisle accessing the development to the east closest to Chenal Parkway should be removed. 15. The proposed retaining wall on the west side of the private commercial (access easement) street must be moved to at least ten (10) feet from the back of curb. PUBLIC WORKS COMMENTS: (Comments on Revised Plan) 1. Provide a letter of approval for the site plan from Entergy prior to the item being heard by the Planning Commission. 2. As previously stated, a maximum of one access is allowed to Chenal Parkway per driveway and street spacing requirements for this property and the property directly to the east. 3. The proposed northern most intersection island should be redesigned to a minimum 225 SF. 4. Provide a sketch grading and drainage plan. Previous plans showed retaining walls. 5. The driveways on the proposed private commercial street do not meet the minimum driveway spacing standards. In accordance with Master Street Plan standards, commercial streets are to be constructed to collector street standards. Per Section 31-210(e)(2), on collector streets, driveway spacing shall be 250 feet. The code continues and states driveway spacing shall be measured centerline to centerline or centerline to right-of-way line of an intersecting collector street or street with a higher classification. The driveway location creates left turn conflicts which will cause vehicles to stack into the Chenal Parkway/Kanis Road intersection and block thru traffic. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer main extension required with easements to serve Car Wash is not occupying the same property as existing sewer main. Entergy: Developer has been working with Entergy Transmission Group about encroachment on the transmission line easement. We do not approve this request until issue is resolved. Centerpoint Energy: No comment received. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 5 AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connections(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. An additional Capital Investment Charge is applicable to all connections off the waterlines along Chenal Parkway at this location. 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. A 39-inch raw water line crosses this site within a fifty-foot wide waterline easement on North side of property. Care must be taken to protect these water lines and any appurtenances, such as access and air release vaults, or monumentation which may be in the area. No signs, light poles, dumpster pads or other structure on foundations will be allowed within the existing 50-foot waterline easement. Paved parking and driveways are allowed. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. 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. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 6 Fire Department: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: Located outside of CATA service area. SUBDIVISION COMMITTEE COMMENT: (JUNE 6, 2013) Brian Dale of White-Daters and Associates was present representing the application. Staff presented the item and noted there were several unresolved issues. Staff noted the property needed to be final-platted prior to issuance of a building permit. Staff requested additional information on building design and signage. It was noted that signage, lighting and utilities must comply with the Chenal Design Overlay District Standards or the item would need to be resubmitted as a planned development. Staff asked if the facility would be staffed during hours of operation, if the driveways would be gated after hours and if the vacuums/site would be accessible after hours. Public Works comments were discussed. Staff stated there appeared to be a sight-distance issue with the location of the ground sign. Staff stated the access easement off of Chenal Parkway needed to be constructed to Commercial Street standards, including sidewalks. Staff described the required eastbound left turn lane requirements on Chenal Parkway, driveway and intersection requirements and the need to move a proposed retaining wall farther back from the back of curb. Utility and Landscape Comments were noted. Mr. Dale stated they were working with Entergy to resolve the Utility’s concerns about the proposed vacuum islands in the Entergy easement and the proximity of the building to the easement. Mr. Dale stated the item may need to be deferred, if the matter could not be resolved prior to June 12 response date. The Committee then forwarded the item to the full Commission. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 21, 2013) Joe White of White-Daters was present representing the application. Staff presented the item and noted the plan had been revised to remove all structures from the Entergy easement. Public Works comments were discussed. The primary issue was a proposal by the applicant to have a driveway into the car wash site off of the proposed new private street. Staff stated no driveway would be allowed due to potential traffic March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 7 conflicts. The applicant was advised to relocate the driveway to the private drive at the rear (north). Additionally, staff stated a statement from Entergy was needed that, at the least, indicated Entergy did not oppose the current plan. Public Works staff stated the Entergy statement was needed prior to Commission action. The Committee determined there were no other outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: On May 25, 2006, the Planning Commission approved a conditional use permit to allow for the construction of a car wash on this 1.06± acre tract. The development consisted of a single building containing two automatic car wash bays and one manual wash bay. Four vacuum islands were included. That approved plan was never developed. The concept has been changed and the applicant is requesting approval of a conditional use permit to allow for construction of a tunnel-type car wash building. The development includes a two-lane order kiosk, a single building containing the car wash tunnel and up to twelve vacuum stations. Access to the site will be via a single driveway off of a private drive located at the rear (north) of the site. A private street is proposed to be constructed to the east of this site, separating this 1± acre lot from the property to the east. A small commercial strip shopping center is proposed to be built on the lot to the east. The private street will tie into the Chenal-Kanis intersection. The car wash building is proposed to be constructed with a brick, split face block, glass and E.I.F.S. exterior. A standing seam metal roof is indicated on the proposed building elevation plan. The façade facing Chenal will be mostly glass. Signage will comply with the Chenal DOD standards which will allow a wall sign on the Chenal façade of the building and a single monument-style ground mounted sign. Lighting and Utilities will comply with the DOD standards. No fencing is proposed at this time. Gates could be added on the driveway if after- hour security issues ever arise. Hours of operation will range from 7:00 a.m. - 10:00 p.m., seven days a week. Two staff persons will typically be on-site during hours of operation. Dumpster screening will be split face block with metal gates. The dumpster location is not indicated but it must be placed behind the building (north side) and out of the Entergy easement. This item has been deferred several times as the applicant has been working through issues related to the 100 foot wide Entergy easement through the rear of the site. The currently proposed plan has removed all structures and equipment from that easement. Only the driveway and parking will be within the area of the March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 8 easement. This is typical. Additionally, the applicant has been working with staff regarding placement of a driveway onto the site. The driveway is now being proposed at the rear (north) of the site, taking access off of the existing private driveway, as has been suggested by staff. There is currently no Bill of Assurance for this tract. Once the property is final- platted, a Bill of Assurance will be created. The use will be permitted. To staff’s knowledge, the only outstanding issue is receiving some acknowledgement from Entergy that the Utility does not object to the current plan. Otherwise, the use is appropriate for the site and all other issues have been addressed. STAFF RECOMMENDATION: Staff recommends approval of the requested Conditional Use Permit 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. A statement must be provided by Entergy prior to the Commission actions on this application indicating the Utility does not object to this current plan. STAFF REPORT: On June 12, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to solve some outstanding issues. Staff recommends deferral of the item to the August 8, 2013 Commission meeting. PLANNING COMMISSION ACTION: (JUNE 27, 2013) Staff informed the Commission that on June 12, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to solve some outstanding issues. Staff recommended deferral of the item to the August 8, 2013 Commission meeting. The item was placed on the Consent Agenda and deferred to the August 8, 2013 agenda with a vote of 8 ayes, 0 nays and 3 absent. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 9 STAFF UPDATE: On July 26, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to solve some outstanding issues. Staff recommends deferral of the item to the September 19, 2013 Commission meeting. PLANNING COMMISSION ACTION: (AUGUST 8, 2013) Staff recommended deferral of the item as noted above. There was no further discussion. The item was placed on the consent agenda and deferred to the September 19, 2013 agenda by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: On August 29, 2013, the applicant requested deferral of the item to allow additional time to work with Entergy to resolve some outstanding issues. He states they hope to reach an agreement by late September. Staff recommends deferral of the item to the October 31, 2013 Commission meeting. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2013) Staff presented the item and a recommendation of deferral as noted above. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the October 31, 2013 meeting by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. STAFF UPDATE: On October 15, 2013, the applicant informed staff that a revised site plan was being prepared in response to the discussions with Entergy. The applicant requested a deferral to allow for completion and submission of the revised plan. Staff will support only one more deferral. The revised plans need to be submitted to staff by the next filing day (November 4, 2013) to allow for review prior to Subdivision Committee. Staff recommends deferral of the item to the December 12, 2013 agenda. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 10 PLANNING COMMISSION ACTION: (OCTOBER 31, 2013) The applicant was present. There were no objectors present. Staff recommended approval of the deferral request for one more deferral. Staff noted revised plans needed to be submitted to staff by November 4, 2013. There was no further discussion. The item was placed on the consent agenda and deferred to the December 12, 2013 meeting. The vote was 9 ayes, 0 noes, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (DECEMBER 12, 2013) The applicant was present. There were no objectors present. Staff presented the item and informed the Commission that staff was requesting deferral of the item to the January 9, 2014 agenda. Staff informed the Commission that they had been working with the applicant and Entergy on the utility’s outstanding concerns and it was possible that this additional deferral would determine if those concerns could be addressed. There was no further discussion. The item was placed on the consent agenda and approved for deferral with a vote of 8 ayes, 0 noes, 2 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 9, 2014) The applicant was present. There were no objectors present. There were only six (6) commissioners present. As is their practice when eight (8) or fewer commissioners are present, the applicant was offered the opportunity to defer the item. The applicant stated he would take the deferral. A motion was made and seconded to defer the item to the commission’s February 20, 2014 agenda. The motion was approved by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. PLANNING COMMISSION ACTION: (FEBRUARY 20, 2014) The applicant was present. There was one registered objector present. Staff presented the item stating they were recommending deferral of the item to the March 20, 2014, public hearing to allow the applicant additional time to secure approval from Entergy. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 10 ayes 0 noes and 1 absent. March 20, 2014 ITEM NO.: B (Cont.) FILE NO.: Z-8866 11 PLANNING COMMISSION ACTION: (MARCH 20, 2014) The applicant was present. There were no objectors present. Staff informed the Commission that they had received a copy of the fully executed Encroachment Agreement between Chenal Carwash, LLC and Entergy. Various provisions of that agreement prohibit the planting of any vegetation in the Entergy right-of-way that will exceed eight (8) feet in height and prohibit any permanent structures in the Entergy r-o-w. It was noted that the site plan reflects compliance with the provisions of the agreement. Staff noted that, on March 6, 2014, the City Beautiful Commission had approved a variance to allow for the elimination of the required trees in the Entergy r-o-w. The applicant is to make a contribution to the City’s T.R.E.E. fund for seven (7) trees. Staff recommended approval of the CUP for the carwash subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in section 4, 5 and 6 of the agenda staff report. 2. Compliance with the site plan and variance provisions approved by the City Beautiful Commission. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. March 20, 2014 ITEM NO.: 1 FILE NO.: G-23-443 Name: Alley – Right-of-Way Abandonment Location: Block 4, Clark’s Addition (block bounded by West 23rd, West 24th, Arch and Gaines Streets) Owner/Applicant: Various owners/Mildred Randolph Request: To abandon the 20 foot wide alley right-of-way located within Block 4, Clark’s Addition. Purpose: To limit/reduce pedestrian traffic through the alley. STAFF UPDATE: This application needs to be deferred based on the fact that the applicant is in the process of obtaining signatures/consent from two (2) owners of property which abuts the alley right-of-way. Staff recommends deferral to the May 1, 2014 agenda. PLANNING COMMISSION ACTION: (MARCH 20, 2014) Staff informed the Commission that the application needed to be deferred based on the fact that the applicant was in the process of obtaining signatures/consent from two (2) owners of property which abuts the alley right-of-way. Staff recommended deferral to the May 1, 2014 agenda. The item was placed on the Consent Agenda and deferred to the May 1, 2014 agenda as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. March 20, 2014 ITEM NO.: 2 FILE NO.: Z-1090-C NAME: Site Excell – Tower Use Permit LOCATION: 2811 Fair Park Blvd. OWNER/APPLICANT: Lions World Services for the Blind/Site Excell PROPOSAL: A tower use permit is requested to allow for construction of an 85’ tall monopole cellular tower (WCF) on this R-3 zoned site. A TUP is required due to variances related to screening and landscaping. 1. SITE LOCATION: The proposed tower site is located on the West 28th Street perimeter of the Lions Worlds Services property. The tower site will be “tucked in” between the greenhouse and dormitory building. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located on the edge of the Oak Forest Neighborhood, on an institutional property. The large, UALR Campus extends to the west. The neighborhood is located to the north and east. The proposed tower is an 85’ tall monopole, substantially shorter than the 150’ height typically allowed for cell towers. The base of the tower site, containing the ground equipment, is screened by fencing and buildings. Staff believes the proposed use is not incompatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Fair Park, University District, Curran Conway, Oak Forest ACORN and Oak Forest Initiative Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: No drives or parking are proposed with this TUP. 4. SCREENING AND BUFFERS: Chapter 36, Section 36-593(c) outlines the screening and landscaping requirements for WCF’s. The use area (compound) is to be enclosed on all 4 sides by an 8 foot tall opaque fence. A 6 foot wide landscape strip containing evergreen shrubbery spaced 48 inches on center and 2 trees is required on all four perimeters. Staff supports a variance from this March 20, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-1090-C 2 requirement on the south, west and east perimeters since these sides are screened by buildings. The required screening and landscaping are to be installed per code standard on the north (28th Street) perimeter. 5. PUBLIC WORKS COMMENTS: 1. Prior to construction of retaining walls 4 feet or taller, 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. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: No comment, sewer service not required for this project. Entergy: Entergy does not object to the proposed tower, but would caution that a 13,800V power line is on the south edge of 28th Street near the tower location. Please follow all OSHA laws during the erection of the tower so that cranes do not contact power lines. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objections. 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 if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. Maintain access. County Planning: No Comments. CATA: The site is located on a CATA bus route. March 20, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-1090-C 3 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 19, 2014) The applicants were present. Staff presented the item and noted little additional information was needed. In response to a question from staff, the applicant confirmed that the required 8’ tall screening fence would be placed on the north perimeter of the WCF compound. Staff stated the existing tree shown to be preserved must be marked and protected prior to and throughout any construction. The applicant acknowledged that the tree would be protected. Public Works and other agency comments were noted. The applicant stated a representative had met with the Fair Park Neighborhood Association and the president of the association spoke in favor of the application. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: Site Excell is requesting approval of a Tower Use Permit to allow for the construction of an 85’ tall, monopole cellular tower at 2811 Fair Park Blvd. The tower site is located on the property of the Lions World Services for the Blind and is “tucked-in” between the facility’s dorm building, greenhouse building and main office building. The WCF (Wireless Communication facility) site consists of a 1,443 square foot lease area. The lease area will contain the tower and associated ground equipment. A tower use permit is required because the lease area will not be screened and landscaped as required by the code on all 4 sides. Three of the sides of the lease area are not visible due to the surrounding LWS buildings. The north perimeter (28th Street) of the WCF site will be landscaped and screened to comply with the code requirements. All other aspects of the proposed WCF site comply with code requirements; height, setbacks, ERP and co-location agreement. An 8 foot tall opaque wood fence will be placed on the north perimeter of the compound. Outside of the fence, within the lease area, landscaping will be installed to comply with the code, including 4 shrubs and 2 trees. An existing tree, located between the WCF site and West 28th Street is to be preserved. That tree is to be marked and protected prior to and throughout construction. March 20, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-1090-C 4 To staff’s knowledge, there are no outstanding issues. The plat/bill of assurance for C. O. Brack’s Addition does not address use issues. The site will be built and owned by Nova Towers and AT&T will be the primary tenant. The site will accommodate colocation of another carrier, as required by the Code. STAFF RECOMMENDATION: Staff recommends approval of the requested Tower Use Permit 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. The existing tree located between the WCF compound and West 28th Street that is to be preserved is to be marked and protected by orange contractor’s fencing placed at the tree’s dripline prior to and throughout construction. Staff recommends approval of a variance from the WCF screening and landscaping requirements on the south, west and east perimeters of the proposed WCF lease compound as long as those perimeters continue to be screened by the Lions World Services for the Blind buildings. PLANNING COMMISSION ACTION: (MARCH 20, 2014) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, including the noted variances, as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. March 20, 2014 ITEM NO.: 3 FILE NO.: Z-8913 NAME: Dougan Duplexes – Conditional Use Permit LOCATION: 5519-5523 Lee Avenue (Lots 3, 4 and 5, Block 18, Pfeifer’s Addition) OWNER/APPLICANT: Douglas Dougan PROPOSAL: A conditional use permit is requested to allow for the construction of a duplex structure on each of three R-3 zoned lots. 1. SITE LOCATION: The properties are located on the south side of Lee Avenue, between Polk and Taylor Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The properties are located in an area that is primarily single family in use and zoning, although other uses exist in the general area. Although it is difficult to determine with certainty, duplexes apparently are located at the NW corner of Lee and Polk, Woodlawn and Taylor and two blocks to the SE along “C” Street. An area of R-4 (single family or two family) zoning is located along “B” Street to the south. Most of the R-4 zoned structures appear to be single family. Multifamily and non-residential zoning are located several blocks to the west and south. Staff has concerns that the proposed duplexes are not compatible with uses in the area. Additionally, the design proposes parking pads that are parallel with the street, not perpendicular as is more typical in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Hillcrest Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Each lot requires 3 parking spaces; 1 ½ space per unit. The applicant is proposed 2 spaces per unit. Two spaces will be located at the front of each lot and two will be located at the rear. A shared driveway will be built between lots 4 and 5 (middle and east lots) and a single driveway will be built on lot 3 (west lot). There is a platted but undeveloped alley to the rear. The applicant cannot improve and widen the alley for access since he does not own the properties to the east, connecting the alley to Polk Street. March 20, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-8913 2 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Lee Avenue is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. All curb cuts and driveway aprons not proposed to be used should be removed and the curb replaced. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy has no issues. Service will be provided from the alley where existing lines are located. Contact Entergy in advance for service needs. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objections. 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 if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. Maintain access. County Planning: No Comments. CATA: The site is located on a CATA bus route. March 20, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-8913 3 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 19, 2014) The applicant was present. Staff presented the item and noted additional information was needed on proposed building design. The applicant was asked to indicate any proposed fencing. Staff made note of the amount of paved area on the site and suggested that the applicant reduce the size of the parking pads and combine driveways. The possibility of utilizing the alley for access was discussed. It was determined that the 15’ wide alley right-of-way was of insufficient width and the applicant did not control the properties extending to the intersecting street at the end of the alley so additional right-of-way could not be obtained. Staff expressed concern that the proposed site plan offered only pavement and building with little green area. Public Works, Utility and Outside Agency Comments were noted. The applicant was advised to respond to staff issues by February 26, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Douglas Dougan, owner of the three R-3 zoned lots described as Lots 3, 4 and 5, Block 18, Pfeifer’s Addition, is requesting approval of a conditional use permit to allow for construction of a duplex structure on each of the 3 lots. Each duplex structure is being designed with the duplexes “back-to-back”. One unit of the duplex will face toward Lee and one unit will face toward the rear of the property. Each dwelling will be approximately 1,000 square feet with 2 bedrooms and 2 baths and will be built craftsman style with a front porch across the entire width of the structure. The structures will have brick around the foundation and porch column base and a Hardi board siding exterior. The structures will have 8-12 pitched roof with architectural asphalt shingles. Each unit will be provided two parking spaces. Each lot will have a two-space parking pad at the front and a two space pad at the rear. A driveway will extend from Lee to the rear of each lot. The parking spaces are designed “flag pole” style with the spaces being parallel to the street. All parking and drives will be asphalt paved. The alley right-of-way is not an acceptable alternative to provide access to the rear of the lots due to the narrow width of the right-of-way. The result is the properties have parking pads in the front and rear and driveways down one side of each lot. The amount of paved area, combined with the area of the structures, March 20, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-8913 4 leaves little in the way of yard or green spaces. The style of parking, with the parking bays in front of the buildings, is not similar to the typical parking found in the single family neighborhood. Staff does not feel the proposed use and site design are compatible with existing development in the neighborhood. The 1921 bill of assurance for Pfeifer’s Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the proposed CUP. PLANNING COMMISSION ACTION: (MARCH 20, 2014) The applicant was present. There were two (2) objectors present. Three (3) letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of denial. The applicant, Douglas Dougan, addressed the Commission and stated he would just like to find a plan that was acceptable to the City and his neighbors. He stated he could defer and redesign the project if he thought there was a chance it could be approved. Dana Carney, of the Planning staff, suggested the Commission hear from the objectors to see what concerns they had. Dorsey Williamson, of 5509 Lee Avenue, spoke in opposition. He state the neighborhood was primarily single family and the proposed duplexes were not appropriate. Mr. Williamson voiced concerns about increased traffic and the potential impact on property values. Ruth Bell, of the League of Women Voters, stated duplexes could be appropriate in a single family neighborhood, if they were designed to fit in with the neighborhood. She stated it appeared Mr. Dougan was trying to do too much on the site. She expressed concern about the parking in the front yard and the lack of “livability” or green space. Mr. Dougan stated he was open to suggestions and was willing to defer if there was a chance of the application being approved, but he did not want to waste his time otherwise. He made note of other duplexes in the area and stated some of those made use of substandard alleys for rear access. March 20, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-8913 5 Commissioner Nunnley told Mr. Dougan it appeared he was asking for a deferral based on a reasonable expectation of approval and the Commission did not do that. He told Mr. Dougan he could defer to try to address the issues that were raised in the discussion. Mr. Dougan then requested deferral. A motion was made to defer the item to the May 1, 2014 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. March 20, 2014 ITEM NO.: 4 FILE NO.: Z-8922 NAME: 13th Street and Cedar Parking Lot – Conditional Use Permit LOCATION: West side of 1300 Block of S. Cedar Street OWNER/APPLICANT: Theressa Hoover United Methodist Church PROPOSAL: A conditional use permit is requested to allow for construction of a church/city parking lot on this R-3 and R-4 zoned property. 1. SITE LOCATION: The site is located on the west side of S. Cedar Street, between West 13th and West 14th Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed institutional and residential uses. Theressa Hoover United Methodist Church occupies the block to the north. The new LRPD substation is being built to the northeast. Some parking for the substation will be located in the block to the east. The neighborhood resource center is located one block to the east. The 12th Street Commercial Corridor is one block to the north. The nearby residential uses are varied, including occupied and unoccupied structures. The proposed parking lot will fulfill a need for parking for both the church and the City facility. The use appears to be 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 Stephens Area Faith, Hope, Forest Hills and Pine to Woodrow Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The parking lot consists of 18 spaces located north of the alley and 31 spaces south of the alley. Access is from 13th Street or the alley. At this time, the alley will remain open. At some point in the future, consideration may be given to pursuing the abandonment of the alley right-of-way. The church is requesting approval of an 18 month deferral of the paving and landscape requirements. There is immediate need for the unimproved parking. The lot will be paved and landscaped within 18 months of its initial use. As part of its lease agreement, the City will be constructing the improvements. March 20, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8922 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. A land use buffer will be required when an adjacent property has a dissimilar use of a more restrictive nature. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and proposed, shall be provided within the Landscape Ordinance of the City, Section 15-81. The property to the west is zoned R-4, therefore a minimum nine (9) foot wide buffer is required along the west property line. Interior landscape area shall comprise a minimum of eight (8) percent of any vehicular use area containing twelve (12) or more parking spaces. Developments of less than one (1) acre shall have a water source within seventy-five (75) feet of the plants to be irrigated. Landscape within or adjacent to vehicular use areas shall be protected with wheel stops, curbing, or other vehicular controls. 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. A 20 foot radial dedication of right-of-way is required at the intersection of 13th and Cedar and at 14th and Cedar. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to 13th Street, Cedar Street and 14th Street including 5-foot sidewalks with planned development. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. 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. March 20, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8922 3 Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. The proposed development will block an existing public alley. Per City code, vehicles are not allowed to park within a public alley. 6. Staff believes the proposed number of driveways should be reduced. 7. Storm water detention will not apply to the proposed development. 8. Street lights are required by Section 31-403 of the Little Rock 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 information. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Work with Entergy on location of proposed lights. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objections. 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 if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No Comments. CATA: CATA bus route located one block to the north on 12th Street. March 20, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8922 4 SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 19, 2014) The applicants were present. Staff presented the item and noted there was some additional information needed regarding fencing and lighting. The applicant was asked to specify the length of the requested paving deferral. Staff noted the plan needed to be revised to eliminate parking in the alley as the alley right-of-way was still open. Public Works, Landscape and Other Agency Comments were noted and discussed. The applicant was asked to provide response and revisions to staff by February 26, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Theressa Hoover United Methodist Church is requesting approval of a conditional use permit to allow for construction of a 49 space parking lot to be located on the west side of S. Cedar Street, between West 13th Street and Daisy Bates (14th). The property consists of 2 lots north of the alley and 3 lots south of the alley. The parking lot is to serve the church and the City of Little Rock. The City and THUMC are entering into a twenty-five year lease whereby a portion of the parking lot will be available for use in conjunction with the new LRPD Substation currently being built in the block to the northeast of this site. A variance is requested to allow an 18 month deferral of the paving and landscaping requirement for the new parking lot. The parties are entering into a 25 year lease. During the term of the lease, the City will not pay rent for use of the church-owned parking lot. In lieu of rent, the City will pay the cost of all demolitions on the property and construction of the permanent parking lot, including landscaping. THUMC will construct and maintain the temporary parking lot. THUMC will maintain the permanent parking lot and associated landscaping once it is constructed and installed. A 6’ wood privacy fence will be erected on the west perimeter of the parking lot. A 6’ decorative metal fence is shown as an option to be placed on the 3 street perimeters of the parking lot. Lighting will be low-level and directional, aimed downward and into the site. Landscape and buffer areas appear to comply with Code requirements. The applicant submitted responses and revised the proposed site plan to address all issues raised at Subdivision Committee. The previously indicated driveway onto the site from Daisy Bates has been removed. The parking that had been shown in the alley has been removed and the plan has been modified March 20, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8922 5 to show the alley right-of-way to remain open. At some point in the future, the church and other property owners may pursue abandonment of the alley. To staff’s knowledge there are no outstanding issues. The plat/bill of assurance for W. B. Worthen’s Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the requested 18 month deferral of the paving and landscape requirements for the parking lot subject to the following conditions: 1. The required 6 foot tall wood privacy fence (finished side facing outward) is to be constructed with the initial construction of the temporary parking lot. 2. Driveway aprons and curb cuts must comply with any applicable Public Works requirements. 3. The temporary parking lot is to be surfaced with gravel or a similar material and maintained in a manner that does not result in the creation of dust, mud, silt or standing water. PLANNING COMMISSION ACTION: (MARCH 20, 2014) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, including the noted variances, as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. March 20, 2014 ITEM NO.: 5 John Barrow Design Overlay District Name: John Barrow Design Overlay District Location: John Barrow Road Corridor from Markham to Colonel Glenn Road Request: Adopt a new Design Overlay District Source: Staff PROPOSAL / REQUEST: At the request of Vice Mayor Doris Wright, Staff organized a meeting of key property owners, residents and property managers to discuss the possibility of a Deign Overlay District for John Barrow Road. Twenty-seven individuals attended a meeting at the John Barrow Alert Center on Monday June 10, 2013. At that meeting Vice Mayor Wright gave an overview of the planning efforts that had been made in the neighborhood and lead a discussion about possible infrastructure improvements for John Barrow Road and other locations with in the greater John Barrow area. The concept of a Design Overlay District (DOD) was reviewed by Tony Bozynski, Director of Planning and Development and Walter Malone, Planning Manager. Several existing DODs were discussed and what a DOD can and cannot do. After some general questions and discussion, it was decided to form a smaller working group to develop a DOD for the John Barrow corridor and a sign-up sheet was distributed. Nine individuals asked to work with Staff on the effort. Meetings of the DOD working group followed about every three weeks through July 2013. The group developed the ‘concepts’ that they felt should be included in the DOD. A group of three concepts were agreed to: To regulate the building materials for the front façade of buildings along John Barrow Road, to limit the fencing allowed and to control the location of service/waste storage areas for properties along John Barrow Road. Staff identified the property owners along John Barrow (Markham to Colonel Glenn) and sent a letter to each owner on August 9, 2013. This letter informed them of the three concepts under consideration and asked for any comments and concerns. There were numerous contacts from the property owners during August, general informational in nature. No one expressed any concerns with the concepts in general. In September the working group met with Staff a couple of times to develop the ordinance wording. (Draft DOD is attached). Once a draft for the DOD was developed, working with Vice Mayor Wright and the John Barrow Neighborhood Association, a meeting was set for 6 PM Monday October 21 at Rosedale Optimist Clubhouse to discuss the draft DOD. Notices for this meeting were sent to the 27 attendees of the June 10 meeting as well as the approximately 130 property owners along John Barrow Road. Two emails were received expressing concerns with portions of the draft DOD. March 20, 2014 ITEM NO.: 5 (Cont.) John Barrow Design Overlay District 2 At the meeting several concerns and issues were raised both for what the Design Overlay District would do and would not do. Clarification was made as to what a DOD was and the limitations of a DOD. Vice Mayor Wright indicated a streetscape plan was under development and it should be reviewed with the DOD for compatibility. A couple of issues were to be taken back to the DOD committee for consideration: fencing (vinyl coated), signage, exemptions for single-family, and the dumpster/waste area location requirement. Additional meetings of the DOD Committee were held to discuss the concerns raised at the October meeting. The Committee decided to make no changes to the dumpster/waste area location requirements of the draft DOD. They agreed to modify the DOD to allow vinyl coated fencing from the façade away from John Barrow Road. They also agreed to exempt single-family from the DOD requirements as long as it was 100 percent residential, i.e. no home occupations were present. On the final issue, signage, the committee decided to add language that required the signage to be monument style. A draft was developed in December 2013 and circulated to the Committee for their review and approval. The Committee heard about the John Barrow streetscape plan and discussed the implementation of that plan in January. Then the Committee decided that the changes made to date in the draft DOD were the best that they could develop for an improved corridor standard and address the issues raised by property owners along John Barrow Road. The draft for the John Barrow Design Overlay District (DOD) is proposed for the length of John Barrow Road (all properties along the right-of-way from Markham to Colonel Glenn). All properties must comply from new development or major redevelopment except for single-family use and zoned properties (without a home occupation). The DOD requires all future: • Freestanding signage shall be monument style; • Façade materials along John Barrow Road may not be corrugated or ribbed; • No electric fences or barbed, concertina wire fences or chain-link fences (except that chain-link with vinyl coating maybe located from the façade away from John Barrow Road); • All service and waste areas may not be between the façade and John Barrow Road. Notices were sent to the property owners along the corridor and the three neighborhood associations on John Barrow Road for the hearing on March 20 (with an updated draft of the Design Overlay District standards). March 20, 2014 ITEM NO.: 5 (Cont.) John Barrow Design Overlay District 3 NEIGHBORHOOD COMMENTS: Notices were sent to the John Barrow Neighborhood Association. Letters were sent to approximately 130 property owners along John Barrow Road in August for comments. Staff has received several informational calls as a result of the initial mailing in August. These were mostly informational. The second mailing was sent to approximately 130 property owners as well as a group of ‘interested’ individuals for an information meeting October 21 with the John Barrow Neighborhood Association. A third mailing notified the approximately 130 property owners along the corridor and the following Neighborhood Associations: Brownwood Terrace, John Barrow, and Penbrook/Clover Hill POA of the March 20, 2014 Public Hearing. One call of support was received by staff from this mailing. STAFF RECOMMENDATION: Approval. PLANNING COMMISSION ACTION: (MARCH 20, 2014) Walter Malone, Planning Staff reviewed the process used by the committee developing the Design Overlay District (DOD) – meetings and notices sent. Mr. Malone highlighted the areas covered by the DOD - Freestanding signage shall be monument style; Façade materials along John Barrow Road may not be corrugated or ribbed; No electric fences or barbed, concertina wire fences or chain-link fences (except that chain-link with vinyl coating maybe located from the façade away from John Barrow Road; and All service and waste areas may not be between the façade and John Barrow Road. Mr. Malone introduced Betty Snyder, representative of the DOD Committee. She indicated that she had nothing further to add. A motion was made to approve the Design Overlay District, by a vote of 10 for, 0 against and 1 absent (Tom Brock) the motion was approved. John Barrow Design Overlay District Sec. 36 -. - Purpose and intent. The purpose of the John Barrow Design Overlay District is to enhance the quality of the corridor to encourage development and re- development along the corridor. Proper planning is necessary to avoid visual clutter. Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district. il Sec. 36 -. - Boundaries. The district shall include all parcels located on John Barrow Load to a distance of three hundred (300) feet of each side of the right -of -way, from Markham on the north to Colonel Glenn Road on the south. 111p, Sec. 36-. - Application of regulations. 1 (a) The regulations of this district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts in addition to any other provisions regulating the development of land. In case of conflicting standards between this article and other city ordinances, the overlay requirements shall control. 'Will, t!!r1W' (b) With the exception single - family uses with a zoning of R -2 or R -3 (where there is no home occupation), these regulations shall apply to new development, redevelopment of existing buildings the cost of which exceeds fifty (50) percent of the building's current replacement value or expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior Improvements on buildings or in the public right -of -way. routine repairs, maintenance and interior alterations shall not require compliance with this section. (c) Uses, structures or lots which existed on the effective date of this division which do not conform to the standards and guidelines established in this division, shall be treated as nonconforming according to the provisions of article Ili of chapter 36, Little Rock Code of Ordinances. Nonconforming status shall not apply to construction of improvements in the public right -of -way required by the city, redevelopment or expansion of existing development- -1 �lJl I [ Sec. 36 -. — Signage, I Ill Any freestanding sign on the premise shall be monument style no more than 10 (ten) feet in height and consistent with other standards of the article X of Chapter 36 (signs). Sec. 36 -. — Front f=acade. Building materials. Fagades facing John Barrow Road may be any standard material except corrugated or ribbed metal materials. Sec. 36-. - Fencing. Electric fences and the use of barbed, concertina wire or other types of wire specifically designed to inflict injury upon human contact are prohibited. Chain -link fencing is prohibited from the building fagade to John Barrow Road. Chain -link fencing on other portions for the site is to be vinyl coated. Sec. 36-. - Service and Waste areas. Service /loading and waste /dumpster areas shall not be located within the front setback facing John Barrow Road or between the building and John Barrow Road or side streets on corner lots. They shall be located to the side or rear of buildings and shall be screened to comply with the provisions of this chapter. '111ililti, Sec. 36-. - Exceptions. Any request to vary, alter or modify specifications of this design overlay district shall be processed as a request for a variance as per article ll, division 2 of this chapter. �������i'Ii H1g1p11111111 DATE LflM G ' Z0 wl PLANNING COMMISSION VOTE RECORD MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, OBRAY JR. Meeting Adjourned P.M. ,//AYE `` NAYE ABSENT ABSTAIN ~k RECUSE BERRY, CRAIG BUBBUS, ALAN DILLON, JANET REBECCA ®®M®®M-MMM-----M FOUNTAIN, KEITH mm®mm-m-mm--mmmm� A i i m®m®m--tmmmmmmmm� ■ f i ` mmmmmm--® m-m-mm� MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, OBRAY JR. Meeting Adjourned P.M. ,//AYE `` NAYE ABSENT ABSTAIN ~k RECUSE March 20, 2014 There being no further business before the Commission, the meeting was adjourned at 4:27 p.m. Date r airman