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HomeMy WebLinkAboutpc_10 16 2014 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD OCTOBER 16, 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 Tom Brock Alan Bubbus Buelah Bynum Keith Cox Keith Fountain Bill May Obray Nunnley, Jr. Rebecca Finney Members Absent: Janet Dillon City Attorney: Cindy Dawson III. Approval of the Minutes of the September 4, 2014 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING OCTOBER 16, 2014 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. G-23-450 West 8th Street, Ringo Street, Cross Street and Alley Right-of-Way Abandonment West of Chester Street and south of West 7th Street II. NEW BUSINESS: Item Number: File Number: Title: 1. G-23-451 Hawthorne Road – Partial Right-of-Way Abandonment 4916 Hawthorne Road 2. Z-8975 Rezoning from R-2 to R-4 2000/2002 Junior Deputy Road 3. LU14-12-01 A Land Use Plan Amendment in the 65th Street West Planning District at the southeast corner of Colonel Glenn and Talley Road from Light Industrial to Commercial. 3.1 Z-7508-B Rezoning from R-2 to C-4 Southeast corner of Colonel Glenn Road and Talley Road 4. Z-1500-C Staybridge Suites Hotel – Conditional Use Permit 1000 S. University Avenue 5. Z-3371-YY Lot 14, The Village at Brodie Creek Automobile Dealership – Revised Conditional Use Permit NE corner Colonel Glenn Road and Colonel Glenn Plaza Drive Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 6. Z-3523-A Urgent Care Clinic – Conditional Use Permit 7310 Cantrell Road 7. Z-4516-C Ukegbu Vehicle Impound Lot and Wrecker Service – Conditional Use Permit 6706 S. University Avenue 8. LA-0062 Westpark Meadows Apartments – Timber Harvest Variance 1701 Westpark Drive 9. A-324 Sach Suburban Tract 24 Annexation 14000 Block of Kanis Road October 16, 2014 ITEM NO.: A FILE NO.: G-23-450 Name: West 8th Street, Ringo Street, Cross Street and Alley – Right-of-Way Abandonment Location: West of Chester Street and South of West 7th Street Owner/Applicant: Various Owners/Metropolitan Emergency Medical Services (MEMS) Request: To abandon that portion of West 8th Street right-of- way located between the I-630 west on-ramp and Cross Street, the south 140 feet of Ringo Street right-of-way located between Blocks 263 and 289, Original City of little Rock, the south 38 feet of Cross Street right-of-way located between Blocks 289 and 306, Original City of Little Rock, and the west half of the 20 foot wide alley right-of-way located within Block 289, Original City of Little Rock. Purpose: To fence for security purposes. STAFF REVIEW: A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. Several of the utilities request to retain the entire area of abandonment as a utility easement. The Public Works Comment is as follows: 1. Easements are required to be maintained for all storm water drainage areas. 2. Vehicle turnarounds will not be required at the south ends of the Cross Street and Ringo Street right-of-ways. Security fencing and gates will be installed at the south ends of the Cross Street and Ringo Street right-of-ways. The applicant has agreed to install a call box and system of procedures to allow vehicles that cannot turnaround to pass those vehicles thru the applicants’ property when warranted. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the rights-of-way are not classified as collector streets or higher. October 16, 2014 ITEM NO.: A (Cont.) FILE NO.: G-23-450 2 C. Characteristics of Right-of-Way Terrain: The West 8th Street, Ringo Street and Cross Street right-of-way are currently paved with curbs, gutter and sidewalks. The alley right-of-way is currently paved. D. Development Potential: The abandonment is requested in order to fence the adjacent Metropolitan Emergency Medical Services (MEMS) properties for safety of personnel and equipment. E. Neighborhood and Land Use Effect: Existing MEMS facilities are located on the north and south sides of West 8th Street between Chester Street and Cross Street. Mixed uses are located further north and to the east and west. Interstate 630 is located to the south. F. Neighborhood Position: The Downtown Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. Retain rights-of-way as utility easements. Entergy: No objection to abandonments. Entergy must retain an easement for its facilities currently contained within the boundaries along 8th Street from the I-630 W on-ramp to Cross Street, a portion each of Cross Street and Ringo Street running north from 8th, and the West portion of the Alley in Block 289 of the Original City of Little Rock. The electrical facilities along 8th Street and Cross Streets are part of the system which provides service to a large part of the downtown Little Rock area with switching mechanisms contained within the boundaries as well. Entergy must have 24 hour access to its facilities within the defined boundaries of the ROW abandonment areas. If these areas are gated then access is hindered for on-going maintenance, restoration and improvement purposes. Vehicular access will be required periodically depending on the nature of the required work. If some type of barrier is used to limit vehicular access, then it should be removable/” openable” by Entergy’s employees or their designees so that work can be performed. October 16, 2014 ITEM NO.: A (Cont.) FILE NO.: G-23-450 3 Center-Point Energy: CenterPoint Energy (CNP) has no objection to the proposed abandonment of street right-of-way on 8th, Cross, and Ringo Streets in Little Rock, AR as shown on the document provided to CNP on July 29th, 2014. However, CNP requests that a twenty foot (20’) utility easement be maintained within the proposed ROW being abandoned since we own and operate facilities within. CNP also requests access to these facilities be granted to CNP and contractors at our discretion. AT & T(SBC): There are existing telephone facilities in all areas where city ROW is to be abandoned. ATT will approve the proposed ROW abandonment shown in the attached file on the condition that all existing telephone facilities in the proposed ROW abandonment will be retained as existing utility easements. Central Arkansas Water: No Objection to abandonment. Retain rights-of-way as easements for existing facilities. H. Reversionary Rights: The rights-of-way are located within the Original City of Little Rock. Information submitted by an abstract company notes that there were no reversionary clauses/rights found of record. Based on the fact that the rights-of-way are within the Original City of Little Rock, the City will retain ownership of the area after abandonment. The applicant must follow the established procedure to purchase the property from the City after abandonment. The applicant has been provided a copy of the procedure. I. Public Welfare and Safety Issues: Abandoning these rights-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. SUBDIVISION COMMITTEE COMMENT: (AUGUST 13, 2014) Aaron Scott, of Cromwell Architects and Engineers, was present, representing the application. Staff briefly described the proposed abandonment, noting that there were no outstanding issues, other than submittal of signatures of remaining abutting property owners. The proposed abandonment was briefly discussed, with Public Works and Utility Comments noted After the discussion, the Committee forwarded the application to the full Commission for resolution. October 16, 2014 ITEM NO.: A (Cont.) FILE NO.: G-23-450 4 STAFF RECOMMENDATION: Staff recommends approval of the request to abandon that portion of West 8th Street right-of-way located between the I-630 west on-ramp and Cross Street, the south 140 feet of Ringo Street right-of-way located between Blocks 263 and 289, Original City of Little Rock, the south 38 feet of Cross Street right-of-way located between Blocks 289 and 306, Original City of Little Rock, and the west half of the 20 foot wide alley right-of- way located within Block 289, Original City of Little Rock, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (SEPTEMBER 4, 2014) Staff noted that this application needed to be deferred to the October 16, 2014 agenda, due to the fact that the applicant needed to submit additional signatures of consent from abutting property owners. The item was placed on the Consent Agenda for deferral to the October 16, 2014 agenda. The Consent Agenda was approved by a vote of 8 ayes, 0 nays and 3 absent. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) 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 as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 1 FILE NO.: G-23-451 Name: Hawthorne Road – Partial Right-of-Way Abandonment Location: 4916 Hawthorne Road Owner/Applicant: Curtis and Jackye Finch/Carolyn Lindsey Request: To abandon the north 15 feet of the 80 foot wide Hawthorne Road right-of-way adjacent to 4916 Hawthorne Road. Purpose: To incorporate area into the adjacent lot (4916 Hawthorne Road) for construction of a new single family home. STAFF REVIEW: A. Public Need for this Right-of-Way: As noted in paragraph G., none of the utility companies object to the abandonment request. One (1) of the utilities requests to retain the entire area of abandonment as a utility easement. The Public Works Comment is as follows: 1. Drainage easements should be maintained in the portion of the right-of-way to be abandoned to convey storm water from adjacent property. B. Master Street Plan: There are no Master Street Plan issues associated with this abandonment request, as the right-of-way is not classified as collector street or higher. C. Characteristics of Right-of-Way Terrain: The area of proposed abandonment is mostly grass covered and contains a driveway for the residence which previously existed on the site. The property slopes upward slightly from south to north. D. Development Potential: After abandonment, the area of right-of-way will be incorporated into the adjacent lot (4916 Hawthorne Road) for construction of a new residence. October 16, 2014 ITEM NO.: 1 (Cont.) FILE NO.: G-23-451 2 E. Neighborhood and Land Use Effect: Single family residences are located to the east, west and south (across Hawthorne Road). Two (2) vacant lots are located north of the proposed area of abandonment. The Little Rock Country Club golf course is located further north and northeast. F. Neighborhood Position: The two (2) abutting property owners east and west of the proposed area of abandonment have signed-off on the abandonment request. The Heights Neighborhood Association was notified of the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. Entergy: No objection to abandonment. Retain area as easement for existing power line running across the front of the property. Center-Point Energy: No objection to abandonment. AT & T (SBC): No objection to abandonment. Any existing telephone facilities that need to be moved will require a custom work order. Central Arkansas Water: No objection to abandonment. H. Reversionary Rights: Information submitted by an abstract company shows that there are no reversionary rights found of record. I. Public Welfare and Safety Issues: Abandoning this right-of-way will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 24, 2014) Carolyn Lindsey was present, representing the application. Staff briefly described the proposed abandonment, noting that there were no outstanding issues. Staff noted that none of the utility companies objected to the abandonment request. The use of the right-of-way after abandonment was briefly discussed. October 16, 2014 ITEM NO.: 1 (Cont.) FILE NO.: G-23-451 3 After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the request to abandon the north 15 feet of the 80 foot wide Hawthorne Road right-of-way located adjacent to 4916 Hawthorne Road, subject to the entire area of abandonment being retained as a utility and drainage easement. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) 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 as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 2 FILE NO.: Z-8975 Owner: Nichols and Dimes, LLC Applicant: Kenny Whitfield Location: 2000/2002 Junior Deputy Road Area: 0.30 Acre (two (2) lots) Request: Rezone from R-2 to R-4 Purpose: To construct two (2) duplexes Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Single family residences and vacant lots (across West 20th Street); zoned R-2 South – Single family residences; zoned R-2 East – Undeveloped property (across Jr. Deputy Road); zoned OS and MF-12 West – Undeveloped lots, duplexes and single family residences; zoned R-2 and R-4 A. PUBLIC WORKS COMMENTS: 1. Junior Deputy Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. West 20th 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. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Junior Deputy Road and West 20th Street. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #3 (Baptist Medical Center Route) runs along Kanis Road to the north. October 16, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8975 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow, Twin Lakes and Twin Lakes “B” Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-430 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. 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 Residential) to R-4 (Two-family District) to allow for the re-development of this site with two duplexes. Master Street Plan: 20th Street and Junior Deputy Road are shown as Local Streets on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. 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 0.30 acre property located at 2000/2002 Junior Deputy Road, is requesting to rezone the property from “R-2” Single Family District to “R-4” Two-Family District. The property is located at the southwest corner of Junior Deputy Road and West 20th 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 and is currently vacant. A single family residence which previously existed on the site has been removed. Single family residences and vacant lots are located across West 20th Street to the north. Single family residences, including manufactured homes and older mobile homes, are located to the south. Undeveloped property, zoned MF-12 and OS, is located across Junior Deputy Road to the east. Undeveloped lots, duplexes and single family homes are located to the west. October 16, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8975 3 The City’s Future Land Use Plan designates this property as Residential Low Density. 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 lot 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, at the northeast corner of Wilson Road and West 22nd Street. 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 18th 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: (OCTOBER 16, 2014) 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 as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 3 FILE NO.: LU14-12-01 Name: Land Use Plan Amendment – 65th Street West Planning District Location: SEC of Colonel Glenn and Talley Road Request: Light Industrial to Commercial Source: Pat McGetrick, McGetrick Engineering PROPOSAL / REQUEST: Land Use Plan amendment in the 65th Street West Planning District from Light Industrial to Commercial. The commerci al category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The use specified on the application is for future development of C-4 uses. EXISTING LAND USE AND ZONING: The property has two houses built on it and is currently zoned R- 2 Single Family and is 4.5 acres ± in size. to the north is I-1 showroom/warehouse uses, to the south are undeveloped I-1 uses along Remington Cove, to the east is and I-2 industrial use for a landscape chemical company and to the west is a hotel and commercial uses on C-3 zoned land. This land is currently shown as Light Industrial on the Future Land Use plan and that Light Industrial is on both sides of Shackleford Road. On the north, Service Trades District (STD) is shown and to the west, the land is shown as Commercial. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: Changes have been proposed along this stretch of Colonel Glenn Road in the last ten years, but none have been successful in amending the Future Land Use plan, including this site with an application to change to Commercial in 2003 and 2005. Both applications were withdrawn from the agenda. The Commercial and Office to the west of this site was changed in 2001. MASTER STREET PLAN: Colonel Glenn Road is shown as a Principal Arterial on the plan. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn since it is a Principal Arterial. October 16, 2014 ITEM NO.: 3 (Cont.) FILE NO.: LU14-12-01 2 Talley Road is considered a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Talley Road has been built to a collector standard since it has non-residential zoning abutting it. Both streets could be subject to boundary street improvements which would result in widening of the roadway. The Master Street Plan shows a Collector Street headed north from the intersection of Colonel Glenn and Talley Road. This proposed Collector intersects Old Shackleford Road which then connects back to Shackleford. With Talley Road built to collector Standards to the south of Colonel Glenn, this, in effect, makes this a Collector/Arterial intersection. BICYCLE PLAN: The closest Bike route is along Shackleford Road and is a Class II. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. PARKS: The Little Rock Parks and Recreation Master Plan of 2001 shows that the applicant’s property is located in a service deficit area. Service deficit areas are areas identified by the Parks and Recreation department that consist of properties located at a distance of more than eight blocks from the nearest park or open space amenity. A park and open space amenity would need to be developed within an eight block walking distance to conform to the parks and recreation Master Plan ‘Eight Block Strategy.”. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: This site was the subject of two land use plan amendments, in 2003 and 2005. At the time, this area was largely undeveloped. On the four corners of the freeway intersection was the radio station/event center in the former Sam’s Club building and the small office use on the northwest corner, which has since been removed. In 2005, the Rave Theater and the Trane building were built on the southwest corner of Colonel Glenn and I-430. In 2003 and 2005, this October 16, 2014 ITEM NO.: 3 (Cont.) FILE NO.: LU14-12-01 3 amendment was premature. Since then, the majority of the land shown as Commercial on the Future Land Use Plan has been built out. 21 new commercial buildings have been built in the areas shown as Commercial and 10 buildings with Office uses have been built. The majority of land that is shown as Commercial and Office has been developed in this node. In the southeast quadrant of the intersection of I-430 and Colonel Glenn, four parcels of land shown as Commercial are undeveloped totaling 6.7 acres±. In the southwest quadrant, there are 31.9 acres± undeveloped with four parcels, the northwest quadrant has 12.8 acres± undeveloped also with four parcels, while the entire northeast quadrant is totally developed; part of the area shown as Commercial is right of way for the freeways. Vacancies in the buildings are small in the area. For Commercial areas, the majority of the vacancies are in the strip retail buildings. All of the single use buildings appear to be occupied. The clear Channel Metroplex has a sign offering up to 35,000 square feet for rent, which is about one-third of their building. In Little Rock planning area, there are five major areas shown as Industrial (Slackwater harbor/I-440 , 65th Street/Scott Hamilton/I-30, Arch Street, Asher Avenue/railroad, and Bond street area west of the airport) with other scattered smaller areas. The overall total is 7900 acres± of land shown as Industrial. Six Light Industrial areas are shown in the city (Otter Creek/I-30 corridor, adjacent to the runways at the Airport, the Shackleford Road Corridor, Pratt Road/South Loop/I-530 and other scattered smaller areas). The overall total is 2700 acres± of land shown as Light Industrial. This Light Industrial area (the Shackleford Road Corridor) is closest to one of the fastest growing parts of Little Rock and could provide employment opportunities for west Little Rock residents. This area has 186 acres± of Light Industrial shown on the Plan. Possible employees and industrial traffic would be able to utilize easy access to Interstate 430. Vacancies are small for the Light Industrial uses/Service Trades District uses. The single use buildings all appear to be occupied. The office/showroom/warehouse buildings are where any vacancies are and most of the spaces are occupied or visibly under construction for a tenant. There is one building under construction at the southeast corner of Shackleford Road and Colonel Glenn. Of the 186 acres± that is shown Light Industrial, more than 108 acres is wooded, or cleared land. Four buildings (and one under construction) have been built on Light Industrial land since the 2005 amendment. The demand for Light industrial, in this location, would appear to be slow based on the undeveloped land and the rate of new building. October 16, 2014 ITEM NO.: 3 (Cont.) FILE NO.: LU14-12-01 4 Of the areas shown as Light Industrial, this change of 4.5 acres is negligible (.0016 % of the total in the Planning area and .024% of the property in this area on Shackleford Road). If this additional 4.5 acres in this amendment area were to be changed to Commercial, this would add only one percent of area to the existing node of Commercial and Office. Being located on a Minor Arterial at an existing/proposed Collector street, an area of Commercial could be appropriate. However, if additional areas of Light Industrial are proposed to be changed to Commercial, further study would be needed to assess the need for the Light Industrial in the area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: John Barrow and Southwest Little Rock United for Progress. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) The item was placed on the consent agenda for approval. The consent agenda was approved with a vote of 10 ayes and 1 absent. October 16, 2014 ITEM NO.: 3.1 FILE NO.: Z-7508-B Owner: Virginia Unser Applicant: Pat McGetrick Location: Southeast corner of Colonel Glenn Road and Talley Road Area: 4.44 Acres Request: Rezone from R-2 to C-4 Purpose: Future commercial development Existing Use: Undeveloped with two (2) vacant single family residences. SURROUNDING LAND USE AND ZONING North – Office – warehouse development (across Colonel Glenn Road); zoned I-1 South – Undeveloped property; zoned R-2 East – Undeveloped property; zoned R-2 West – Mixed commercial uses (across Talley Road); zoned C-3 and C-4 A. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial. Dedication right-of-way to 55 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that Talley Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Colonel Glenn Road and Talley Road. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #14 (Rosedale Route) runs along Colonel Glenn Road and Shackleford Road to the west. October 16, 2014 ITEM NO.: 3.1 (Cont.) FILE NO.: Z-7508-B 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the John Barrow and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 65th Street West Planning District. The Land Use Plan shows Light Industrial (LI) for this property. This category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed “park like” setting. The applicant has applied for a rezoning from R-2 (Single-Family Residential) to C-4 (Open Display Commercial District) to allow for future re-development of this site. There is a separate item on this agenda to amend the Land Use Plan to Commercial for this site. Master Street Plan: Talley Road is shown as a Local Street and Colonel Glenn Road is shown as a Principal Arterial 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”. A Collector design standard is used for Commercial Streets. A Principal Arterial is to serve thorough traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is an Arterial. 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 Colonel Glenn Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: Virginia Unser, owner of the 4.44 acre property located at the southeast corner of Colonel Glenn Road and Talley Road, is requesting to rezone the property from “R-2” Single Family District to “C-4” Open Display District. The rezoning is proposed to allow future commercial development of the site. October 16, 2014 ITEM NO.: 3.1 (Cont.) FILE NO.: Z-7508-B 3 The property is undeveloped and mostly wooded. There are two (2) vacant single family residences located on the property, at the northwest and southwest corners of the site. An office-warehouse development is located on the I-1 zoned property across Colonel Glenn Road to the north. A mini-warehouse development is located further north, with the Clear Channel development to the northwest. Undeveloped property is located to the south and east. Light industrial uses are located further south and east. A mixture of commercial uses, including a hotel and vacant lots, are located on the C-3 and C-4 zoned property to the west across Talley Road. The City’s Future Land Use Plan designates this property as Light Industrial. A proposed Land Use Plan Amendment to Commercial is a separate item on this agenda. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. The property is located within an area of mixed uses. Mixed commercial uses, including a hotel, retail and outdoor auto display, are located to the west across Talley Road, and extend further south than the south boundary of this subject property. Light Industrial uses are located north, south and east of the site. Staff believes it appropriate to rezone this intersection corner to C-4 for future commercial development. In staff’s opinion, rezoning this property to C-4 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) 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 as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 4 FILE NO.: Z-1500-C NAME: Staybridge Suites Hotel – Conditional Use Permit LOCATION: 1000 S. University Avenue OWNER/APPLICANT: B H University Development, LLC/White-Daters PROPOSAL: A conditional use permit is requested to allow for the construction of a 4-story, 119 room extended stay hotel on this I-2 zoned, 2.73 acre lot. 1. SITE LOCATION: The site is located on the west side of University Avenue, just south of I-630. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located at the S. University /I-630 Interchange. AHTD right-of- way and property is adjacent to the north. A hotel, high-rise office building and commercial uses are located across University to the east. The lot directly south is currently vacant. Across West 12th Street, S. University is lined with a variety of commercial uses. An R-2 zoned single-family neighborhood is adjacent to the west. The hotel is located approximately 200 feet from the rear property line of the residences and is screened by a stand of mature trees. Staff believes the proposed hotel 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 and The University District, Point O Woods, Broadmoor, Oak Forest, University Park and Fair Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: A 119 room hotel requires 130 parking spaces (1 per room plus an additional 10%). The applicant is proposing to provide 124 parking spaces. A right-in – right out driveway will provide access off of University near the north perimeter of the site. A second driveway will be shared with the lot adjacent to the south. Additional access will be provided through a shared driveway extending to West 12th Street. Variances are needed to allow the reduction in the number of parking spaces and the location of the driveway off of University at the north perimeter. Staff is supportive of both variances. October 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-C 2 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (1/2) the full width requirement but in no case less than nine (9) feet. The approximate average depth of the lot is three hundred and eighty-four (384) feet. A twenty- three (23) foot wide buffer is required along South University. 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 purposed, shall be provided within the landscape ordinance of the city, section 15-81. A portion of the property to the west is zoned R-2. A landscape irrigation system shall be required for developments of one (1) acre or larger. 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. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Is a variance being requested to advance grade the entire subdivision with construction of the hotel? 3. Storm water detention ordinance applies to this property if previously installed. Show the proposed location for stormwater detention facilities on the plan. October 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-C 3 4. 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. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on University Ave. is 300 ft. from other driveways and intersection and 150 ft. from the property line. The width of driveway must not exceed 36 feet. A variance must be requested for the north driveway. 7. Retaining walls designed to exceed 15 ft. in height are required to seek a variance for construction. Provide proposed wall elevations. 8. 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. 9. Remove all existing curb cuts not proposed to be used for access. 10. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Capacity Fee Analysis required. Contact LRW for details. Entergy: Entergy has 3 phase power lines on 12th Street and on the western perimeter. Entergy will retain its easements for these lines. No obstructions/facilities are to be built on these easements without Entergy's approval. All necessary clearances must be maintained during and after construction. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objection. October 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-C 4 Fire Department: Place fire hydrants per Code. Fire apparatus access must be a minimum of 20 feet unobstructed. Must be 26 feet if the building is above 30 feet and hydrants on property (unobstructed). County Planning: No Comment. CATA: The area is currently served by CATA at this location by Route #3 Baptist Medical Center, Route # 17 Mabelvale Downtown, Route #21 University Avenue, and Route #22 Mabelvale - Midtown. The development consists of construction of Staybridge Suites Hotel. CATA currently uses this corridor and it is on one of our major corridors used by multiple routes. CATA requests this project has pullouts and sidewalks at this location to enable buses to pull out of traffic to serve this location. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 24, 2014) Joe White was present representing the applicant. Staff presented the item and noted additional information was needed. Staff requested Mr. White provide the building height and materials, a signage plan, fencing information and the location of mechanical equipment and screening. Staff asked if there would be any other uses in the hotel such as a restaurant, bar, meeting rooms or club. Staff also asked if there would be an outside swimming pool as the site plan did not show one. Public Works Comments, Landscape Comments and other agency comments were noted. Staff noted variances would be needed for the northern driveway. Staff requested a sketch grading and drainage plan and asked if the overall site would be graded in conjunction with this project. Staff also noted that extending the north/south driveway from the hotel site to 12th Street would trigger required street improvements to that street. Staff noted that a variance was needed to allow a reduction in parking spaces from the required 130 spaces to the proposed 124. Staff reiterated it was important to know if the facility would have any additional uses that could generate the need for parking. The applicant was instructed to provide responses to staff’s issues by October 1, 2014. The Committee forwarded the item to the full Commission. October 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-C 5 STAFF ANALYSIS: A conditional use permit is requested to allow for the construction of a 4-story Staybridge Suites Hotel on the I-2 zoned property located at 1000 S. University Avenue. The proposed hotel site is a portion of a larger tract that was previously occupied by Brandon House Furniture and a small, retail strip center. On June 26, 2014, the Commission approved a preliminary plat to subdivide the 4.92 acre tract into 4 lots. On that same agenda, the Commission approved a conditional use permit to allow the hotel to be located on proposed Lot 4; at the southwest corner of the site, adjacent to the University Park Neighborhood. The Commission also voted to approve a PCD for construction of a Murphy USA convenience store at the southeast corner of the site. The conditional use permit approval was appealed to the Board of Directors and is pending. In light of neighborhood opposition, the convenience store PCD application was withdrawn. In response to those same concerned neighbors, the applicants are proposing to move the hotel from its previously approved location, adjacent to the neighborhood, to the currently proposed site. The proposed 4-story 45 foot tall hotel will contain 119 rooms. Staybridge Suites Hotels include three suite types (studio, one-bedroom and two-bedroom/ two-bath) with fully equipped kitchens and a work area separate from living areas. Other amenities include complimentary daily hot breakfast, a social evening reception for guests three days a week, a 24 hour business center, fitness room and laundry room. Room rates will be in the $150 to $160 per night range. Building materials will be a combination of brick, stone and EIFS. Wall signage within the allowable 10% of the façade area is proposed for the north, south and east walls. A variance is needed for the sign on the south façade since it does not have direct street frontage. It does face the main shared access drive. A single, monument style ground sign with a maximum height and area of 10 feet and 100 square feet is proposed to be placed on the University Avenue frontage. No fencing is proposed. No swimming pool is proposed. The mechanical equipment will be placed on the roof. The hotel will not contain a restaurant, bar or club. The previously noted breakfast and evening reception will be provided for hotel guests. The hotel will contain one meeting room that will hold 15 – 20 people. The developer will construct the driveway extending from the hotel site to 12th Street and will construct the street improvements along 12th Street. October 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-1500-C 6 The applicant is requesting approval of variances to allow the right in/right out driveway at the northeast corner of the site. This driveway does not meet the required 300 foot separation from the main driveway accessing the development from University or the required 150 foot distance from the north property line. With the grading for the access drive to 12th Street and the slopes necessary to complete the hotel site grading, the developer is requesting to grade onto the two southern lots. These areas were previously occupied by buildings and parking. There are no trees that will be removed. Once the grading is complete, the developers will seed the disturbed areas as required by Code. To staff’s knowledge, there are the no remaining issues. Staff is supportive of the conditional use permit to allow the hotel as proposed. The hotel is proposed to be located on University Avenue adjacent to the AHTD I-630 property. The hotel is located such that it is separated from the neighborhood to the west and is screened from the neighborhood by distance, existing trees and a variation in elevation. Staff supports the variances to allow advance grading and the reduced driveway spacing for the north right in/right out driveway. STAFF RECOMMENDATION: Staff recommends approval of the 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 variances to allow a wall sign on the building’s south façade without direct street frontage, to allow reduced spacing for the north driveway (right in/right out) and to allow advance grading onto the two southern lots. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) The applicants were present. There were no objectors present. One person was present in support. Staff informed the Commission that a letter of support had been received from the University Park Neighborhood Association. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above, including the variances. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including the signage and driveway variances. The vote was 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 5 FILE NO.: Z-3371-YY NAME: Lot 14, The Village at Brodie Creek Automobile Dealership – Revised Conditional Use Permit LOCATION: NE corner of Colonel Glenn Road and Colonel Glenn Plaza Drive OWNER/APPLICANT: Asbury Automotive Arkansas Dealership Holdings, LLC/L. Jordan Draper, Kimley Horn PROPOSAL: A revision to a previously approved conditional use permit which allows an automobile dealership on this C-2 zoned, 5.24 acre lot is requested. The plan has been modified and a freestanding car wash station has been added. 1. SITE LOCATION: The site is located on the north side of Colonel Glenn Road, between I-430 and Colonel Glenn Plaza Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the commercial node developed around the Colonel Glenn/I-430 Interchange. This area includes numerous existing and proposed automobile dealerships and other commercial uses. On November 29, 2012, the Commission approved a CUP to allow an automobile dealership on this lot. Under this proposal, there is some minor change to the site plan and the addition of a car wash building. Staff believes the proposed use is compatible with the 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 John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the site will be via a single driveway off of Colonel Glenn Plaza Drive. The site will contain paved parking for 358 vehicles to be used for customers, employees and vehicle display. Some parking on the west and east sides has been designed as stacked vehicle display with 2 to 3 rows stacked one behind the other. An additional paved display area with unconventional parking layout is indicated at the southern point of the site. Staff is not opposed to the arrangement of parking in these areas since they will be used for vehicle display and inventory parking, not in October 16, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-YY 2 and out employee or customer usage. The transport truck route has been indicated on the plan, utilizing the one driveway and circling around the building. No transports will be allowed to park on the street for loading or unloading. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (1/2) the full width requirement but in no case less than nine (9) feet. The approximate depth of the northeast portion of the lot is five hundred and twenty (520) feet. A thirty-two (32) foot wide buffer is required along northeast portion of Col. Glenn Plaza Drive. The approximate depth of the southeast portion is three hundred and ten (310) feet. A seventeen (17) foot buffer is required along the southeast portion of Col. Glenn Plaza Drive. 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 purposed, shall be provided within the landscape ordinance of the city, section 15-81. A 30 ft. buffer is required along the interstate frontage perimeter A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines 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 liner 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. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be October 16, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-YY 3 equal to an equivalent planter strip three (3) feet wide along the vehicular use area. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be three hundred (300) square feet for developments with more than one hundred fifty (150) parking spaces. Interior islands must be a minimum of seven and one half (7 ½) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. The development of two (2) acres or more requires an approved landscape plan stamped with the seal of a registered landscape architect prior to the issuance of a building permit. A landscape irrigation system shall be required for developments of one (1) acre or larger. 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. Delivery trucks are not allowed to unload on City streets. Show the proposed delivery truck route imposed on the site plan. 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. 4. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 5. Sidewalks with appropriate handicap ramps along Col. Glenn Plaza Drive are required in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. October 16, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-YY 4 6. Storm water detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. All driveways shall be concrete aprons per City Ordinance. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy will need to retain easements for the 3 phase line on the southern and eastern edges of the property and for the underground line on the western edge of the property. One Call should be made prior to digging to ensure proper location of the UG line. Contact Entergy in advance for service needs. Centerpoint Energy: No Comment. AT&T (SBC): No Comment. Water: No Objection. Fire Department: Install fire hydrants per Code. Driveways must be minimum of 26 feet all around the building. Contact Fire Department with revised access in driveway by car wash. County Planning: No Comments. CATA: The area is currently served by Route #14 Rosedale, approximately 6 blocks away. The development consists of a revised conditional use permit. CATA has this location in consideration for future expanded transit to expand further west along Col. Glenn. CATA requests consideration of pullouts and sidewalks at this location to enable buses to pull out of traffic to serve this location. October 16, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-YY 5 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 24, 2014) L. Jordan Draper was present representing the application. Staff presented the item and noted additional information was needed regarding signage, fencing and the dumpster location and screening. Staff noted that no unloading or loading of vehicles would be permitted in the public right-of-way. Mr. Draper was asked to show the transport vehicle route on the site plan. Staff also emphasized that no vehicles would be permitted to be parked or displayed on unpaved surfaces. Public Works, Landscape and other agency comments were noted. Mr. Draper indicated that a reduction in the perimeter buffers was being considered, specifically along the interstate frontage. Staff encouraged Mr. Draper to meet the ordinance standards. Mr. Draper stated the applicant was considering parking vehicles on the roof of the building. Staff stated that had not been indicated on the application and needed to be included with the responses to be submitted to staff. Staff noted that the developer has previously agreed to cost sharing for a traffic signal at the adjacent intersection. It was noted that a comment to that effect would be included in staff’s analysis. The applicant was instructed to submit responses and revisions to the site plan by October 1, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On November 29, 2012, the Commission approved a conditional use permit to allow for the development of an automobile dealership on this vacant, C-2 zoned, 5.2 acre lot. That development has not occurred. The applicant has made some changes to the previously approved plan, including the addition of a free-standing, tunnel style car wash building. The changes have prompted the need to apply for this revision to the approved C.U.P. The development will consist of a 42,000 square foot building and paved parking for 358 vehicles. The one-story building is expected to be 25 feet in height but in no case will exceed the allowable height of 45 feet established for C-2 zoned properties. The exterior finish of the building will be EIFS Parex, curtain wall and glass, and CMU. The building will contain a showroom floor, office spaces and a service center. All types of auto service will be performed, other than paint and body work. Signage will comply with that allowed in commercial zones. October 16, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-YY 6 Days and hours of operation are proposed as Monday through Friday, 8:30 a.m. to 6:00 p.m. and Saturday, 9:00 a.m. to 6:00 p.m. A future expansion of 10, 700± square feet is indicated on the east side of the building. Bollard type fencing is proposed around the site. The dumpster and screening are indicated at the northeast corner of the site. All site lighting will be low-level and directional, shielded downward and into the site. The required 30 foot buffer on the Interstate perimeter is indicated. The buffer on Colonel Glenn Road ranges from 19.5 feet to as much as 40± feet at the intersection. The buffer on Colonel Glenn Plaza Drive ranges from 20 – 25 feet with two small points where it is reduced to 15 feet. Staff is satisfied with the perimeter buffers. The applicant is proposing to reduce the required interior landscaping to 6.3% of the vehicular use area. The Code requires 8% of the vehicular use area to be landscaped in islands that are no smaller than 300 square feet. Staff understands the desire not to place landscape islands in the east side, stacked inventory area. There are other locations on the site where the interior landscape islands can be provided to meet the requirement. Any variance from these standards will require approval from the City Beautiful Commission. To staff’s knowledge there are no other issues. The transport truck route has been reviewed and approved by staff. The bill of assurance for this lot restricts the initial permitted use of the lot to “use as an automobile dealership for the sales and service of new BMW automobiles and SUV’s and used car sales incidental to the operation of the BMW dealership.” The proposed carwash building is to clean the car inventory and for customer use when they bring their cars for service. It will not be for use by the general public. The applicant responded to the issues raised at Subdivision Committee as noted on the site plan or in the analysis above. No vehicles are proposed to be parked on the roof of the building. STAFF RECOMMENDATION: Staff recommends approval of the requested revised 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. All transport truck deliveries and shipments must take place on the site. No transports shall be permitted to park on the street for loading or unloading of vehicles. Staff recommends approval of a variance to allow the stacked vehicle display and inventory storage area parking spaces. October 16, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-YY 7 PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) The applicant was present. There was one objector present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above, including the parking design variance. The applicant, Jordan Draper, stated he would reserve his time to respond to issues raised by the objector. Henry “Hank” Kelley owner of approximately 50 acres of nearby property, stated he had just seen the site plan earlier this day. He stated he was concerned about the proposed location of the car wash building and its potential impact on the appearance of the entry road into the rest of the development, much of which he owns. He stated he would prefer to see the car wash moved to the east side of the property, away from the street. Mr. Kelley also voiced concern about any reduction in the landscape buffer and about possible damage to a water line along the street. He stated he was supportive of the proposed use. Mr. Draper responded that a proposed future expansion of the building was located on the east side of the site, limiting the location of the car wash building. He described the types of building materials, as noted in the staff analysis and stated the landscaping around the car wash building could be “beefed up” to provide screening. Mr. Draper stated the landscaping along the street would comply with Ordinance standards. Commissioner Nunnley asked Mr. Kelley if he was primarily concerned about the aesthetics of the building. Mr. Kelley stated he was willing to work with the applicant but he wanted the car wash relocated on the site. Commissioner Nunnley suggested the parties could work together to reach agreement or Mr. Kelley could appeal the Commission’s approval to the Board of Directors. Mr. Kelley stated he wanted to register his objection and he would work in good faith with the applicant to reach an agreement. If not, he would appeal to the Board. A motion was made to approve the application with all staff comments and conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 6 FILE NO.: Z-3523-A NAME: Urgent Care Clinic – Conditional Use Permit LOCATION: 7310 Cantrell Road OWNER/APPLICANT: Cynthia Keaton Trust/White-Daters PROPOSAL: A conditional use permit is requested to allow for the construction of an urgent care (medical) clinic on this C-4 zoned lot. 1. SITE LOCATION: The site is currently occupied by a Firestone Tire and Auto Service Center. The property is located on the north side of Cantrell Road, three lots east of Kingsrow Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is one of many commercially zoned and occupied properties lining Cantrell Road in this area. A variety of commercial uses occupy those C-3 and C-4 zoned properties. An MF-14 Multifamily development is adjacent to the rear of the site. Staff believes the proposed redevelopment of this automobile service occupied site with a medical clinic 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 and the Kingwood and Meriwether Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The parking requirement for a medical clinic is 7 spaces per doctor. Staff and the Subdivision Committee both agreed that the parking requirement should extend to all service providers since this type of clinic is often staffed by other professionals such as a nurse practitioner. The applicant states this clinic will have no more than three doctors/health care providers working at a time. As such, 21 parking spaces are required. 21 spaces are proposed. A single driveway is proposed off of Cantrell Road. An existing one-way driveway is located across the rear of lot as well as the lots on either side. That driveway will remain. October 16, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-3523-A 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 purposed, shall be provided within the landscape ordinance of the city, section 15-81. A portion of the property to the north is zoned MF-24, therefore a minimum buffer will be required at six (6) percent of the average depth of the lot. The maximum dimension required shall be fifty (50) feet in all instances. A nine (9) foot buffer is required on a portion of the north property line. 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 Iinear spacing of not less than thirty (30) feet. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property. This strip shall be a minimum of nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum of seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. A landscape irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. October 16, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-3523-A 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. At time of building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy if the AHTD Cantrell Road widening project has been completed. 2. At time of building permit, remove the unused west curb cut. 3. Show on site plan the proposed sidewalk, curb, & gutter location on plan. Some of the parking spaces near Cantrell Road may need to be modified. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy does not object. The 3 phase line on the western edge of the property will remain and requires an easement. Construction in this area should remain outside the OSHA required limits (Crane law). The 3 phase Iine on the north side of Cantrell Road is being relocated to the south side of the road. Centerpoint Energy: No Comment. AT&T (SBC): No Comment. Water: No Objection. Fire Department: Install fire hydrants per Code. Apparatus drives are to be a minimum of 20 feet but 26 feet with hydrants on property and/or 30 ft. tall buildings. County Planning: No Comment. CATA: The area is currently served by CA TA at this location by Route #1 Pulaski Heights. The development consists of construction of an urgent care facility. October 16, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-3523-A 4 CATA currently uses this corridor and it is in consideration for future expanded transit to expand further west along Cantrell. CATA requests consideration of pullouts and sidewalks at this location to enable buses to pull out of traffic to serve this location. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 24, 2014) Joe White was present representing the applicant. Staff presented the item and noted additional information was needed. Staff asked Mr. White to provide a copy of the bill of assurance and the property owner – agent authorization. Staff requested additional information on the building design, days and hours of operation, signage and dumpster location and service hours. Staff noted the building was proposed to be built over a platted building line which would take subsequent approval from the Board of Adjustment, if the Planning Commission approved the conditional use permit. Staff commented that the driveway across the rear of the property onto the adjacent lot did not appear to be in an access easement. Mr. White was asked to provide proof of an access easement or to indicate that one will be platted to accommodate the driveway. Staff informed the Committee that the typical parking requirement for medical clinics was spaces per doctor. Staff commented that this type of clinic also utilized other professionals such as nurse practitioner to provide service. The Committee agreed that the parking requirement should also include all service providers, not just doctors. The applicant was asked to provide the number of doctors/providers. Public Works, Landscape and other agency comments were noted. It was noted that a portion of the property to the rear was zoned residential and buffers and screening were required. Staff noted that easements could not be counted toward fulfilling the buffer requirement. The applicant was instructed to submit responses by October 1, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A Firestone Auto Service business currently occupies this C-4 zoned lot. A conditional use permit has recently been approved to allow Firestone to relocate to 7426 Cantrell Road. This applicant is requesting approval of a conditional use permit to allow an urgent care medical clinic on this lot. The existing building is to be removed and the site redeveloped with a new building, parking lot and landscaping. October 16, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-3523-A 5 The applicant proposes to construct a one-story, 4,585 square foot; brick and stone building. A new parking lot containing 21 spaces is proposed on the east side of the building. The urgent care clinic will be staffed by no more than three doctors/healthcare providers at a time. Additional support staff, as is typical for a medical clinic, will also be on the site. Days and hours of operation are proposed as Monday through Friday, 8:00 a.m. to 8:00 p.m. and Saturday and Sunday, 10:00 a.m. to 6:00 p.m. The dumpster and screening are indicated on the plan. Dumpster service hours are restricted to daylight hours. Site lighting will be low- level, directed downward and into the site. Signage will comply with that allowed in commercial zones. The existing one-way drive across the rear of the lot will be placed in an access easement. The property has a 40 foot platted front building line. That line is now at 27 feet due to the loss of the front of the lot for the Cantrell Road widening project. The applicant is proposing a front setback of 20 feet which will pretty well line up with the adjacent building. The Code of Ordinances Chapter 31, Section 31-12(b) limits the authority to approve building line variances to the Board of Adjustment. If the Planning Commission approves the conditional use permit, an application must be filed with the Board of Adjustment for the building line variance. Staff is supportive of the request. To staff’s knowledge, there are no other issues. The proposed use is appropriate for the site. The bill of assurance for J. D. Walthour Replat does not address use issues. The applicant provided responses to the issues raised at Subdivision Committee as noted above and on the site plan. 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 building line variance must be approved by the Board of Adjustment. Staff recommends approval of the front setback variance. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) 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, including the variance. There was no further discussion. The item was October 16, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-3523-A 6 placed on the consent agenda and approved as recommended by staff, including the setback variance. The vote was 10 ayes, 0 noes and 1 absent. October 16, 2014 ITEM NO.: 7 FILE NO.: Z-4516-C NAME: Ukegbu Vehicle Impound Lot and Wrecker Service – Conditional Use Permit LOCATION: 6706 S. University Avenue OWNER/APPLICANT: Chidi Ukegbu PROPOSAL: A conditional use permit is requested to allow a vehicle impound lot and wrecker service on this C-4 zoned property. 1. SITE LOCATION: The site is located on the west side of University Avenue, midway between West 65th Street and Forbing Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of C-4 uses and zoning. At one time several properties in this area were occupied by new car dealerships. Those businesses have relocated and the properties are now occupied by uses such as used car sales and service, Habitat for Humanity Restore and truck rental and repair businesses. The properties do have a rear yard relationship to Mabelvale Pike and the residential properties along that street. Staff is concerned that a use such as a vehicle impound lot could have a negative impact on the nearby properties and could have the effect of reducing the possibility of quality use and positive redevelopment of properties in the area. Staff also feels this type use is not appropriate in such close proximity to residential. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Geyer Springs, Meadowcliff-Brookwood, South Brookwood – Ponderosa, Wakefield and SWLR United for Progress Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: Access to the site is via two driveways off of S. University. There is no access to Mabelvale Pike. The east half of the property is asphalt paved and has historically been used for auto sales. The applicant proposes to store the impounded vehicles just west of the paved area, roughly in the middle third of the property. The applicant proposes to use gravel in the impound area, not paving. October 16, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-4516-C 2 4. SCREENING AND BUFFERS: No Comment. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Entergy does not object. Entergy will need to retain easements for the 3 phase line along the east edge and for the single phase lines on the north and west edges of the property. Center-Point Energy: No Comment. AT & T(SBC): No Comment. Water: No Objection. Fire Department: Install fire hydrants per Code. Must have 20 foot gates for access. County Planning: No Comment. CATA: The area is currently served by CATA at this location by Route #17 Mabelvale Downtown. The development consists of a conditional use permit. CATA currently uses this corridor on S. University and Mabelvale Cut-Off. CATA requests consideration of pullouts and sidewalks at this location to enable to pull out of traffic to serve this location when improvements are made. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 24, 2014) The applicants were present. Staff presented the item and noted some additional information was needed. Staff asked the applicant to provide a copy of the bill of assurance, a signage plan and a fencing plan. Staff asked for information on any proposed site lighting. Staff commented that site lighting must be low-level and October 16, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-4516-C 3 directional, shielded downward and into the site. Staff asked how long vehicles would be kept on site. It was noted that no outside repair or salvaging of vehicles would be permitted. Staff informed the Committee that the applicant was proposing to utilize unpaved, gravel parking for the impound lot. Other agency comments were noted. The applicants were instructed to respond to staff issues by October 1, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The property located at 6706 S. University Avenue is occupied by a used car sales and service business. The property consists of two long, narrow tracts that extend from University Avenue to Mabelvale Pike and the western 2/3 of a third tract. The existing sales and service business occupies the eastern ½ of the two northern tracts. The majority of the property is zoned C-4. The western portion of the property abutting Mabelvale Pike is zoned R-2. A 6 ft. tall wood privacy fence extends the width of the property, 25 ft. off of the Mabelvale Pike frontage. An 8 ft. tall metal privacy and security fence encloses the middle of the two north lots and the commercially zoned portion of the southern lot. The applicant is requesting approval of a conditional use permit to allow for use of a portion of the property as an impound lot. A 6 ft. tall chain link fence is proposed to enclose a small area within the portion of the site that is enclosed by the metal screening fence. The vehicles will be kept within the chain link fence enclosed area. A holding area is located on the paved, eastern portion of the tract for vehicles that are brought to the site after hours. They will then be moved to the holding lot. Hours of operation for the impound lot are Monday through Friday, 10:00 a.m. to 5:00 p.m. and Saturday 10:00 a.m. to 12:00 noon. The business will employ 3 tow truck drivers, 1 dispatcher and 2 clerk/cashiers. Signage will be as allowed in commercial zones. Any site lighting will be low-level and directed downward and into the site. Vehicles will be stored on the site up to 45 days or longer depending on legal requirements. They will then be auctioned off after meeting the required time if unclaimed. No outside repair or salvaging of vehicles will be permitted. The applicant is proposing to use gravel for the impound lot, not paving. Staff has concerns with the proposed use. The nature of a vehicle impound lot is such that the use can have a negative impact on nearby properties. Storing impounded vehicles in various states of repair and disrepair can be unsightly and October 16, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-4516-C 4 could create a nuisance. That concern is compounded by the applicant’s proposal to store the vehicles in an unimproved lot. The property does have a nearby relationship to a single family residential neighborhood, located just to the west. Staff believes allowing the impound lot could negatively impact the likelihood of the nearby commercial properties redeveloping with quality uses. Staff also has concerns with the applicant’s statement that vehicles stored on the impound lot could remain on the site in excess of 45 days. The Zoning Ordinance definition of “junk or salvage yard” includes the following statement: “Any premises on which there remains outside more than thirty (30) days an inoperable, partially dismantled, wrecked or junked vehicle shall be deemed for the purpose of this chapter a junk or salvage yard.” Such a use is an industrial use, not appropriate for a commercial site. Staff believes it is likely that the circumstances described in the definition could occur. The 1930 bill of assurance provided by the applicant does not address use issues. STAFF RECOMMENDATION: Staff recommends denial. PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) The applicants were present. Several objectors were present. Staff presented the item and a recommendation of denial. The applicant, Chidi Okegbu, stated he would reserve his time to respond to issues raised by the objectors. Pat Gee, Vice-president of SWLRUP, spoke in opposition. She stated the organization represented 40 neighborhoods and the group had voted unanimously to oppose the application. She stated the nearby neighborhood would be impacted by the proposed use. Ms. Gee expressed concern that the use would degenerate into a “junk yard.” She referenced other impound lots where the vehicles sit for extended periods of time. Director Joan Adcock, of 6808 Mabelvale Pike, spoke in opposition. She stated the nearby residents had been coming to the Commission meetings month after month to respond to Mr. Okegbu’s various requests. She stated the applicant October 16, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-4516-C 5 did not maintain his property and has erected an unsightly metal fence. Director Adcock expressed concerns about noise that the use would create and stated Mr. Okegbu had not been working with the neighborhood. She stated Staff, the neighborhood and the community were opposed and asked the Commission to deny the application. Mr. Okegbu stated he could not meet with the neighborhood because he had received nothing but negative comments and responses. He stated he ran into a brick wall with the previous proposal to build two new buildings on the property and decided to change direction and go with this proposal. He stated he felt he had been harassed over various issues and just wanted to do business. Mr. Okegbu stated the law required the vehicles to be kept for 45 days after which they could be sold to cover the towing and storage costs. He stated the metal fence would be painted a uniform color within the next few days. Commissioner Nunnley reminded Mr. Okegbu that he had been encouraged by the Commission to meet with the neighborhood. He stated an impound lot could be done so that it looks good. He stated he also had concerns about the impact of an impound lot on the redevelopment of S. University Ave. and the effect of having it so close to the neighborhood. He asked again if Mr. Okegbu could work with the neighborhood to address some of the issues. Mr. Okegbu responded that he could. He again described the fencing. He stated he had towed 50 vehicles onto the site and no one complained about seeing them or hearing any noise. He stated he could by-right park vehicles on the property for the car lot. Chairman Fountain stated he had a problem with the fence. He stated he understood small business but did not understand all that Mr. Okegbu wanted to do. Mr. Okegbu stated he wanted to do car sales and repair and to have the impound lot at the rear of the site. He stated he wanted to build homes on the R-2 zoned portion of the property that fronted onto Mabelvale Pike. He stated other impound lots were located on commercial properties. In response to a question, Mr. Okegbu stated he maintained the R-2 portion by mowing it when it wasn’t too wet to do so. Commissioner Bubbus stated he believed impound lots were needed but he felt retail use was a better use for this site. In response to a question, Mr. Okegbu stated he was currently operating a wrecker service but not bringing the vehicles to this site for storage. Staff member Dana Carney addressed several of the issues that had been raised. He stated it was not correct to turn this into a neighbor vs. neighbor issue. He stated Staff was opposed to the use. He stated this site was not an October 16, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-4516-C 6 appropriate site for such a use. Mr. Carney stated each conditional use application is reviewed on its own merits and there were differences in each use and each site under consideration. Where an impound lot might be appropriate for one site, it would not be appropriate for another. He stated a wrecker service was allowed in this zone and Mr. Okegbu could have an office and run the wreckers out of the site, just not bring the vehicles here for storage. Mr. Carney stated it was apparent Mr. Okegbu had difficulties adhering to code requirements as it is and it would not be appropriate to allow any expansion to include the impound lot. Mr. Carney made note of Mr. Okegbu’s statement that he had already towed 50 vehicles onto the site without approval. Mr. Carney stated the property could not be used for parking of vehicles, including an expansion of the car lot, without properly developing the site, including pavement and landscaping. He reiterated staff’s opposition. Commissioner May commented that he could not support the application. A motion was made to approve the application, including all staff comments and conditions except that of denial. The vote was 0 ayes, 10 noes and 1 absent. The motion failed. October 16, 2014 ITEM NO.: 8 FILE NO.: LA-0062 NAME: Westpark Meadows Apartments Timber Harvest Variance LOCATION: 1701 Westpark Drive APPLICANT: Westpark Meadows Apartments APPLICANT’S REPRESENTATIVE: Christy Marvel AREA: Approximately 1 acres CURRENT ZONING: R-6 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber on approximately 1 acre. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 1 acre on the north side of Boyle Park Road at 1701 Westpark Drive. The variance would allow staff to issue a grading permit for harvesting approximately 193 trees without imminent construction. B. EXISTING CONDITIONS: The property is a developed apartment complex zoned R-6. The property is visible from Boyle Park Road. East of the subject property is a developed property zoned O-3 that is developed as a church. South of the subject property is Boyle Park Road. Across Boyle Park Road is a vacant undeveloped property with dense trees zoned R-2. West of the subject property is vacant and commercial developed properties zoned O-3 and I-2, respectively. North of the subject property is the CLR Rebsamen Tennis Center zoned PR. The trees are not viewable from the tennis center. C. NEIGHBORHOOD COMMENTS: Staff has 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 written or verbal communications on this request with questions or desiring additional information. D. ENGINEERING COMMENTS: 1. 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 an approval of completion. October 16, 2014 ITEM NO.: 8 FILE NO.: LA-0062 2 2. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 3. Contact Vince Floriani at 501-371-4817 to inspect public infrastructure at the end of the project. 4. How much time is the project expected to take? 5. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. E. PLANNING STAFF COMMENTS: 1. Site plan must comply with the City’s minimal landscape and buffer ordinance requirements. 2. A landscape irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of the plants to be irrigated. 3. Safety procedures, size and placement of new trees, and the repair of any disturbed areas has been addressed on the plan or the submitted documents. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. F. SUBDIVISION COMMITTEE: Christy Marvel representing the applicant was present. Staff presented an overview of the variance application. The applicant said the project would take at the most 60 days to complete. 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 requesting to remove 193 trees adjacent to Boyle Park Road on private property between the sidewalk and the apartments. The mature trees range in size from 4 inches in diameter to 30 inches in diameter. The trees have been pruned by Entergy on the street side next to the power lines causing them to be unsightly and hazardous per the applicant’s insurer. The trees will be removed one at a time. The SB lane of Boyle Park Road will need to be barricaded during the working hours. The applicant has stated safe pedestrian passage will be provided through the work zone. At the end of the day, all work in the area will be cleaned of debris and trip hazards to ensure October 16, 2014 ITEM NO.: 8 FILE NO.: LA-0062 3 safety of vehicles and pedestrians. The stumps are proposed to be ground at the conclusion of the project. After stumps are ground; approximately 18 redbud forest pansy trees (2” caliper), 4 foster holly trees (2” caliper), and sod on disturbed areas will be replanted. Prior to beginning the work a grading permit and a barricade permit will be obtained by the applicant. At the conclusion of the project, Public Works staff will be contacted for inspection of the right-of-way. At the time of writing, staff has not received any telephone calls or emails asking questions or desiring additional information. H. RECOMMENDATION: Staff recommends approval of the timber harvest variance request subject to compliance with the comments and conditions as outlined in paragraph D and E of the agenda staff report. I. PLANNING COMMISSION ACTION: (October 16, 2014) 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 recommended by staff, including all staff comments and conditions. The item was approved by the Planning Commission by a vote of 10 ayes, 0 noes, and 1 absent. October 16, 2014 ITEM NO.: 9 FILE NO.: A-324 NAME: Sachs Suburban Tract 24 (Panther Branch) Annexation REQUEST: Accept 11.4 acres plus or minus to the City LOCATION: West of the Kanis and Copper Orbit Roads Intersection SOURCE: Graham Smith, Panther Branch LLC, Agent GENERAL INFORMATION: • The County Judge held a hearing on the annexation on September 11, 2014 and signed the order of annexation. • The area requesting annexation is vacant with one structure on the southeastern portion of the site. • There is one property owner. • The site is contiguous to the City of Little Rock along a portion of its northeastern boundary (Kanis Road). • The annexation request is to obtain City services. • The site is wage shaped, coming to a point and Kanis-Cooper Orbit Roads intersection. There is approximately 1045-feet along Kanis Road and 1274-feet just north of Cooper Orbit Road. A proposed new arterial would be built through the western section of the area. • Currently the property is zoned is zoned C-1 (for future development), MF-6 (for future development) and Planned Residential District (a proposed apartment complex). • The property owners have indicated the intention to develop the portion of the property zoned as PRD at 186 residential units. AGENCY COMMENTS: Public Safety: Fire: The Little Rock Fire Department has indicated there would be an impact on their services with the annexation but that they will provide fire protection service to the area. The West Pulaski Fire Department (current service provider) provided no comment on the annexation request. Police: No Comment Received. October 16, 2014 ITEM NO.: 9 (Cont.) FILE NO. A-324 2 Infrastructure and Community Facilities: Central Arkansas Transit: Central Arkansas Transit has indicated that they have no issues or concerns with the proposed annexation request. Parks and Recreation: No Comment Received. Public Works: The Solid Waste Division of Public Works indicated they have no issues with the annexation. The Public Works Department has only noted that the Cooper Orbit right-of-way is not part of this annexation. They have made on other comments or noted no other concerns with this proposed annexation. Utilities: Central Arkansas Water: Central Arkansas Water (CAW) has indicated that the applicant will have to meet all requirements of the water system in order to attach to the existing CAW system and will be responsibility for the ‘Capital Investment Charge’ based on the size of the connections they wish to make to the CAW system. CAW has noted there will be a minor impact on the existing distribution system. During the review and installation process facilities will be sized to adequately provide pressure and fire protection. Entergy: Entergy Arkansas (Distribution Engineering) has indicated that they have no issues with the annexation. They did note that there is a 3-phase power line along the north side of Kanis Road at this location. Reliant-Energy: No Comment Received. Wastewater Utility: The Little Rock Wastewater Utility has indicated they have no issues or concerns about the annexation of this site. However, they note there will be a need of an extension to service property and the extension will be the responsibility of the owner/developer. Southwestern Bell: No Comment Received. Schools: Little Rock: No Comment Received. 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. October 16, 2014 ITEM NO.: 9 (Cont.) FILE NO. A-324 3 ANALYSIS: The site is undeveloped and treed in the western section. There has been development on the site in the past but that has been removed for the most part. For west Little Rock the site is fairly level with most of the area ranging from 432-feet at Cooper Orbit and Kanis Roads to 446-feet near the western boundary. However there are two higher areas, one at the extreme west on Kanis Road reaching 458-feet and one along the west boundary of the annexation approximately a third of the way north of the southwest corner of the annexation area at 452-feet. The area requesting annexation is contiguous from Kirby-Cooper Orbit Roads intersection with Kanis Road some 378 feet along Kanis Road. The applicant wishes to develop an apartment development on a portion of the site previously approved by the City of Little Rock (July 2014). This development will require connection to the Little Rock Wastewater System which in turn requires annexation to the City of Little Rock. As a result of the annexation an additional 667 linear feet of Kanis Road will become the responsibility of the City of Little Rock as will the newly constructed Panther Branch Drive (after construction). Since the site has no frontage on Cooper Orbit Road that road way will continue to be a County maintained road. This is an area where Kanis Road currently is in the City Limits then leaves and then returns. With this annexation, the portion of Kanis Road remaining outside of the City will be reduced (from approximately 4 tenths of a mile to a quarter of a mile). The nearest Central Arkansas Transit (CAT) stop is approximately a mile and half away at the Walmart on Bowman Road and Chenal Parkway. CAT did not indicate that they had any issues or concerns with the annexation request. The solid waste division of Public Works has indicated they have no issues. Waste disposal would likely be commercially hauled since the acreage will be developed with an apartment complex and commercial development in the future. There is an existing 24-inch water main in Kanis Road along the annexation area and a 12-inch line in Cooper Orbit Road south of the area. The applicant will have to meet all requirements of the water system in order to attach to the existing CAW system and will be responsibility for the ‘Capital Investment Charge’ based on the size of the connections they wish to make to the CAW system. CAW has noted there will be a minor impact on the existing distribution system. There are no adjacent wastewater lines to this area. The closest existing wastewater line that could be extended for use to this site is at the Kanis- October 16, 2014 ITEM NO.: 9 (Cont.) FILE NO. A-324 4 Kirby Roads intersection. The property owner will be responsible for the extension of the wastewater system to their site. The closest Fire Station is Station 20 on Oak Meadow Drive. That station is a little over 2/3 of a mile from the site via existing roads. The Fire Department is providing service from this station to areas beyond this area. The current fire protection provider (West Pulaski- Fire Department) provided no comments on the annexation. During the review and installation process all new facilities will be sized to adequately provide pressure and fire protection. The police patrols already pass this site to service areas within the City. The Little Rock Police Department has indicated that they have no concerns or issues with the proposed annexation. The City of Little Rock shall provide Police protection; Fire protection; allow connection to the municipal wastewater system (at the cost of the developer); and take over maintenance of the Kanis Road after annexation. Staff Recommendation: Approval PLANNING COMMISSION ACTION: (OCTOBER 16, 2014) The item was placed on the consent agenda for approval, by a vote of 10 for, 0 against and 1 absent the consent agenda was approved as submitted. DATE GiG PLANNING COMMISSION VOTE RECORD BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUSBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, GRAY JR. A- Meeting Adjourned i �' P.M. /AYE Op NAYE A- ABSENT ABSTAIN RECUSE- BERRY, CRAIG mmmmmmffplmmmmmnmmm� ■ ■ ■ ► ■ m---mwm----©nmmm� ■ ! y ----wmmm---©0mmm- --mW mmm----mnmmm� JANET vmmmmm----mmmmmmm� REBECCA --ffApmm-mm--mm©mmm -1 •� Mwimmmmmmmm©0mmm�. y • ■ wm-mm.-----mnmmm� ■ y ! mmmm-m.----mnmmm- BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUSBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, GRAY JR. A- Meeting Adjourned i �' P.M. /AYE Op NAYE A- ABSENT ABSTAIN RECUSE- October 16, 2014 There being no further business before the Commission, the meeting was adjourned at 5:07 p.m. Date Chairm n 5