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HomeMy WebLinkAboutpc_12 04 2014 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD DECEMBER 4, 2014 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eight (8) in number. II. Members Present: Jennifer Martinez Belt Craig Berry Tom Brock Buelah Bynum Keith Cox Keith Fountain Bill May Rebecca Finney Members Absent: Alan Bubbus Janet Dillon Obray Nunnley, Jr. City Attorney: Cindy Dawson III. Approval of the Minutes of the October 16, 2014 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING DECEMBER 4, 2014 4:00 P.M. I. OLD BUSINESS: NO OLD BUSINESS II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-8988 Rezoning from R-3 to R-5 317 S. Park Street 2. Z-8989 Rezoning from R-2 to R-7A 17911 Colonel Glenn Road 3. Z-6324-A Grace Church Daycare – Conditional Use Permit 12900 Cantrell Road 4. Z-8045-A Little Rock Wastewater Utility Peak Flow Storage Facility Expansion – Conditional Use Permit 5200 Scott Hamilton 5. Z-8986 Phillips Duplex – Conditional Use Permit 8112 West 33rd Street 6. Z-8987 Hill Multisectional Manufactured Home – Conditional Use Permit 1609 Geyer Street 7. Z-8570-B Verizon Wireless – Tower Use Permit 20001 Kanis Road December 4, 2014 ITEM NO.: 1 FILE NO.: Z-8988 Owner: Capitol View Holdings, LLC Applicant: Jarrod Woodley Location: 317 S. Park Street Area: 0.16 Acre Request: Rezone from R-3 to R-5 Purpose: Future development Existing Use: Single family residence SURROUNDING LAND USE AND ZONING North – Single family residences and vacant lots; zoned R-3 South – Undeveloped lots; zoned R-5 East – Single family residences and vacant lots; zoned R-3 West – Single family residences and vacant lots (across S. Park Street); zoned R-3 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Routes #1 (Pulaski Heights Route) and #8 (Rodney Parham Route) runs along West 3rd Street/West Markham Street to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the Capitol View- Stifft Station Neighborhood Association were notified of the public hearing. December 4, 2014 ITEM NO.: 1 (Cont.) FILE NO.: Z-8988 2 D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six units per acre. The applicant has applied for a rezoning from R-3 (Single Family District) to R-5 (Urban Residence District) to allow future redevelopment on the site. Since this is one residentially platted lot no change is proposed at this time to the Land Use Plan. If the reclassification is approved Staff will review the vicinity during the next Land Use review for this area to determine if there is a need to increase the residential density in this vicinity. Master Street Plan: Park Street is a Local Street 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. 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: Capitol View Holdings, LLC, owner of the 0.16 acre property located at 317 S. Park Street, is requesting to rezone the property from “R-3” Single Family District to “R-5” Urban Residence District. The property is located on the east side of S. Park Street at West 3rd Street. The rezoning is proposed to allow future development of the site. This property owner also owns the two (2) R-5 zoned lots immediately to the south. The property is comprised of one (1) platted 50 foot by 140 foot single family lot. A one-story frame single family residence exists within the west portion of the lot. A one-car wide driveway is located at the southwest corner of the lot. December 4, 2014 ITEM NO.: 1 (Cont.) FILE NO.: Z-8988 3 The general area contains a mixture of residential uses and zoning. Single family residences and vacant lots are located north, east and west of the property. Several of the homes in this immediate area are vacant and boarded up. Undeveloped R-5 zoned lots are located south of the property, along the north and south sides of West 4th Street. Several duplex and multifamily uses (zoned R-4, R-5 and R-6) are located within this neighborhood to the north and west. The City’s Future Land Use Plan designates this property as Residential Low Density. A Land Use Plan amendment will not be required at this time, as the proposed rezoning is comprised of only one (1) small platted lot. Staff is supportive of the requested R-5 rezoning. Staff views the request as reasonable. As noted previously, this immediate area is comprised of several vacant lots and boarded up houses. Staff believes that combining this lot with the two (2) R-5 zoned lots to the south will represent a needed in-fill type development for this residential area east of Barton Street. This general area contains a mixture of residential uses and zoning density. The requested R-5 zoning will not be out of character with the existing zoning pattern for this area. Staff believes rezoning this property to R-5 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-5 rezoning. PLANNING COMMISSION ACTION: (DECEMBER 4, 2014) Jarrod Woodley was present, representing the application. There were five (5) persons present with opposition/concerns. Staff presented the item with a recommendation of approval. Jarrod Woodley addressed the Commission in support of the application. He reserved comment until after the opposition. Larissa Barry addressed the Commission in opposition. She expressed concerns with traffic in the area using Barton Street as access. Robert Walker also spoke in opposition. He expressed concerns with traffic and the size of the existing roadway. December 4, 2014 ITEM NO.: 1 (Cont.) FILE NO.: Z-8988 4 Nancy Sheehan also spoke in opposition. She noted that the applicant supported the idea of having a park in the area. She expressed concerns with traffic and the existing street system. She also noted concern with there being small apartments in the area. Charles Lipsey also spoke in opposition. He noted concern with the existing street conditions around the subject property. He expressed concern that approval of this rezoning would cause more multifamily development in the area. Jane McKinney addressed the Commission with concerns. She expressed concern with the number of units which could be allowed. She noted concern with drainage in the area and stated that drainage and infrastructure improvements were needed for this area. Mr. Woodley explained that there were many homeless persons in this area. He explained that he wanted to improve the area and wished to complete a new multifamily development. He noted that his development would not adversely impact property values. He noted that his intent was to create a pedestrian friendly area. Chairman Fountain asked about rent for future multifamily units planned by Mr. Woodley. Mr. Woodley explained that the rent would be $400 to $425 per month for a small efficiency size apartment. Chairman Fountain asked about flood issues. Mr. Woodley noted that the property was not in the floodway. Chairman Fountain asked about street widening. Mike Hood of Public Works explained that 2016 would be the start of the next three-year improvement project package, and that specific areas could be submitted for consideration. There was a brief discussion about the site plan requirements. There was additional discussion related to the development process and roadway construction. Commissioner Berry commented on the project and noted support of the rezoning. There was a motion to approve the rezoning application. The motion passed by a vote of 6 ayes, 2 nays and 3 absent. The application was approved. December 4, 2014 ITEM NO.: 2 FILE NO.: Z-8989 Owner: Donna Zimmerman Applicant: Brian Hinson, II Location: 17911 Colonel Glenn Road Area: 0.78 Acre Request: Rezone from R-2 to R-7A Purpose: Placement of one (1) single-wide manufactured home Existing Use: Vacant SURROUNDING LAND USE AND ZONING North – Single family residences, including manufactured homes (across Colonel Glenn Road); zoned R-2 South – Undeveloped property and single family residences, including manufactured homes; zoned R-2 East – Single family residences; zoned R-2 West – Single family residences, including manufactured homes, and a church; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Colonel Glenn Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site were notified of the public hearing. December 4, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8989 2 D. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to R-7A (Manufactured Home District) to allow for the placement of a manufactured home on the site. Master Street Plan: Colonel Glenn Road is a Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Colonel Glenn Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: 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: Donna Zimmerman, owner of the 0.78 acre property located at 17911 Colonel Glenn Road, is requesting to rezone the property from “R-2” Single Family District to “R-7A” Manufactured Home District. The property is located on the south side of Colonel Glenn Road, between Rocky Lane and Jack Mann Road. The rezoning is requested to allow placement of one (1) single-wide manufactured home on the site. The applicant recently tore down an old single family home which existed on the property and replaced it with a 13.63 foot by 60.92 foot single-wide manufactured home (2002 model). The manufactured home is currently vacant. Debris from the old home removal is located behind the manufactured home near the center of the overall property. The applicant has been in the process of removing the debris from the property. December 4, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8989 3 The manufactured home exceeds the minimum required building setbacks from all property lines. The front setback will be approximately 33 to 35 feet after right-of-way dedication for Colonel Glenn Road. Other improvements including a front deck, carport, storage building, paved/gravel driveway and fencing are shown on the proposed site plan. All other improvements appear to meet ordinance requirements. The manufactured home will be required to meet the following siting criteria as per Section 36-262(d) (2) of the City’s Zoning Ordinance: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. Single family residences, including manufactured homes, are located north, east and west of the subject property. Single family residences, including manufactured homes, and undeveloped property are located to the south. A church is located further to the west. Commercial uses, zoned PCD, are located further east at the intersection of Colonel Glenn Road and Rocky Lane. The City’s Future Land Use Plan designates this property as Residential Low Density. The requested R-7A zoning does not require an amendment to the plan. Staff is supportive of the requested R-7A rezoning. Staff views the request as reasonable. The R-7A zoning is a single family zoning which allows placement of one (1) single-wide manufactured home on the site. The R-7A zoning is also a site plan review zoning. All of the improvements shown on the applicant’s site plan appear to comply with ordinance standards. The applicant will need to comply with the above-referenced siting criteria for manufactured homes as per Section 36-262(d) (2) of the City’s Zoning Ordinance. Staff believes rezoning this property to R-7A to allow placement of one (1) single-wide manufactured home on the site will have no adverse impact on the adjacent properties or the general area. December 4, 2014 ITEM NO.: 2 (Cont.) FILE NO.: Z-8989 4 F. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) Brian Hinson was present, representing the application. Staff described the proposed R-7A rezoning, noting that the site plan submitted by the applicant appeared to comply with ordinance standards. Staff noted that the required siting criteria would need to be complied with. The right-of-way dedication requirement was briefly discussed. After the discussion, the committee forwarded the application to the full Commission for resolution. G. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning, subject to compliance with the following siting criteria as per Section 36-262(d) (2) of the City’s Zoning Ordinance: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. PLANNING COMMISSION ACTION: (DECEMBER 4, 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 8 ayes, 0 noes and 3 absent. December 4, 2014 ITEM NO.: 3 FILE NO.: Z-6324-A NAME: Grace Church Daycare – Conditional Use Permit LOCATION: 12900 Cantrell Road OWNER/APPLICANT: Grace Church/Cheryl Carney PROPOSAL: A conditional use permit is requested to allow a daycare center to be located within an existing church facility. The property is zoned MF-12. 1. SITE LOCATION: The existing church site is located on the north side of Cantrell Road, approximately 300 feet west of Sam Peck Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church is located in an area of mixed uses and zoning. Primarily office uses and zoning (POD and O-3) are located immediately south and east, along the north side of Cantrell Road. Mixed commercial and office uses are located along the south side of Cantrell Road. PR zoned property is located immediately west and north of the church site. A single family subdivision is located further north. Notice of the public hearing was sent to all owners of property located within 200 feet of the site and the Piedmont, Pankey Community Improvement and Walton Heights – Candlewood Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: An access drive from Cantrell Road near the center of the property serves the church facility. There are 200 plus paved parking spaces on the site. The daycare will utilize a portion of the first floor of the existing church building. Drop-off and pick-up will take place at the front of the church under the existing main entrance awning, with easy access to the area being used for the daycare. The daycare is proposed to have a maximum enrollment of 70 children, with 10 to 12 employees; requiring 19 parking spaces. The existing parking is sufficient to accommodate the proposed daycare use. 4. SCREENING AND BUFFERS: No Comments. December 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-6324-A 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection to this proposal. Centerpoint Energy: No comment received. AT&T: No comment received. Central Arkansas Water: No objection. Fire Department: Maintain access, fire hydrant per code. County Planning: No Comments. CATA: The site is located on a CATA bus route (#25 Highway 10 Express Route). Building Code: Project is a change in occupancy and is therefore subject to current building code requirements. Review and approval is required by Building Codes Division before occupancy takes place. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501-371-4724; crichey@littlerock.org or Mark Alderfer at 501-371-4875; malderfer@littlerock.org. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) Cheryl Carney was present, representing the application. Staff briefly described the proposed daycare use. Staff noted that some additional information was needed regarding specifics of the proposed daycare use. Mrs. Carney provided additional information on days of operation, signage, playground area, portion of existing building to be used and drop-off/pick-up area. There was brief additional discussion. After the discussion, the Committee forwarded the item to the full Commission for final action. December 4, 2014 ITEM NO.: 3 (Cont.) FILE NO.: Z-6324-A 3 STAFF ANALYSIS: Grace Church is located at 12900 Cantrell Road. The property is comprised of 15.29 acres, located several hundred feet north of Cantrell Road. An 80 foot wide “pipestem” runs from the property to Cantrell Road and contains the entry drive. The existing church building is located near the center of the property. An access drive circles the church building, with paved parking on the building’s north, east and west sides. The church is requesting approval of a conditional use permit to allow for the addition of a daycare center operation. The proposed daycare use will be located on the first floor of the existing church building. The daycare is to have a maximum enrollment of 70 children, with 10 to 12 employees. Days and hours of operation are proposed as Monday through Friday, 7:00 a.m. – 6:00 p.m. Once per month, an after hour’s service will be provided for a “parents night out” event. The daycare use will utilize Grace Church’s existing digital sign. There is an existing fenced playground area on the west side of the existing church building. To staff’s knowledge, there are no outstanding issues. Allowing the church to add a Monday through Friday daycare operation should have no adverse impact on the adjacent properties or general area, and seems to staff to be an appropriate addition to the church’s activities. Pulaski County personnel were unable to locate a bill of assurance for this property. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP, subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 4, 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 8 ayes, 0 noes and 3 absent. December 4, 2014 ITEM NO.: 4 FILE NO.: Z-8045-A NAME: Little Rock Wastewater Utility Peak Flow Storage Facility Expansion – Conditional Use Permit LOCATION: 5200 Scott Hamilton OWNER/APPLICANT: City of Little Rock/Little Rock Sanitary Sewer Committee PROPOSAL: A revision to a previously approved conditional use permit is requested to allow for the addition of third peak flow storage basin to this I-2 zoned site. 1. SITE LOCATION: The site is located behind the industrial businesses located on the west side of Scott Hamilton, behind the businesses located on the north side of Hoerner Road, behind the businesses located on the east side of Patterson and south of Fourche Creek. 2. COMPATIBILITY WITH NEIGHBORHOOD: The peak flow storage facility is located at the northern edge of the 65th Street Industrial Park, adjacent to the Fourche Creek floodway. Uses around the site include a variety of industrial uses and the floodway. The basins are enclosed within a dike structure and the overall site is enclosed by buffers and screening. The facility has existed for approximately five years and has apparently been maintained and cleaned as LRWU committed. To staff’s knowledge, there have been no unresolvable issues with the facility since its opening. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the SWLR United for Progress, Upper Baseline, Wakefield and Geyer Springs Neighborhood Associations. LRWU has held a series of meetings with the associations and an open house of the facility was scheduled to be held on November 15, 2014. 3. ON SITE DRIVES AND PARKING: A single driveway off of Scott Hamilton provides access to the site. The driveway is gated at Scott Hamilton. The driveway provides access to the existing buildings and service area. No changes are proposed. December 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8045-A 2 4. SCREENING AND BUFFERS: A wooded buffer will be maintained around the developed portion of the site. At its minimum, the buffer is 50 ft. in width. On the east side of the site, the buffer ranges from 140 ft. to 400 ft. The buffers will be undisturbed and left in a natural condition to the extent practical. Any areas that must be disturbed will be re-established. Staff believes areas that are to remain undisturbed should be protected throughout construction by orange, contractor’s fencing. 5. PUBLIC WORKS COMMENTS: 1. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. 3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. The minimum Finish Floor elevation of 258 ft. is required to be shown on plat and grading plans. All mechanized and electrical improvements that could be damaged during a flood event should be elevated above the base flood elevation. 5. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: No Comment. Entergy: No objection. Contact Entergy in advance for any changes or additions to the electrical service. Centerpoint Energy: No comment received. AT&T: No comment received. Water: No objection. December 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8045-A 3 Fire Department: Maintain access. Building Codes: Project is subject to full commercial plan review approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey@littlerock.org or Mark Alderfer at 501.371-4875; malderfer@littlerock.org. County Planning: No comments. CATA: The site is not located on a CATA bus route. A route is located south of the site, at Hoerner and Scott Hamilton. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) The applicants were present. Staff presented the item and noted little additional information was needed. Staff asked the applicants to describe existing and proposed fencing, signage and any new buildings. Public Works Comments were noted. The applicants stated they had met with area neighborhood associations and a tour of the facility was scheduled for November 15. The applicant stated no new above-ground structures were planned but improvements would be made to existing odor control system structure and grit chamber in response to a request from the neighborhoods. The applicants were advised to respond to staff questions by November 12, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On May 25, 2006 the Commission approved a conditional use permit to allow for construction of two peak flow storage basins on this site. The development involved approximately 20 acres of the 40 acre, three tract site. The approval was appealed to the Board of Directors but the appellant withdrew the appeal prior to the Board hearing the matter. The facility consists of two large, concrete basins (10 million gallons and 20 million gallons) constructed within levee structures. The facility also includes a grit chamber, odor control system and emergency generator. The developed portion of the site is enclosed by a black; 6 foot tall, chain-link face with barbed December 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8045-A 4 wire for security Access to the site is via a single, gated driveway off of Scott Hamilton. The project is an integral component of a Consent Administrative Order (CAO) with the Arkansas Department of Environmental Quality (ADEQ). The CAO, in part, requires adherence to the Sierra Club Settlement Agreement which references the project. The overall objective is to reduce the number of sanitary sewer overflows (SSO’s) and associated spill volumes that occur during rain events. SSO’s are a violation of Little Rock Wastewater Utility’s discharge permit and can result in monetary fines levied by ADEQ. Odor is not typically a problem with this type of facility. This is due in part to the fact that the sewage temporarily stored in the basin is diluted by rainwater. The sewage is typically detained for seventy-two (72) hours at a maximum. LRWU committed to clean the basins within twenty-four (24) hours after the drainback is complete. The facility has been used approximately twelve (12) times per year on average to mitigate sanitary sewer overflows that occur as a result of significant rain events. Since the existing basins were put into service in 2009, they have prevented more than one billion gallons of wastewater from overflowing from manholes across the city. LRWU is now proposing to construct a third basin on the site. This proposed new basin will hold 31 million gallons. A 51 million gallon basin was originally recommended. LRWU met with representatives of several neighborhood organizations, elected officials, city staff and management to discuss the details of that recommendation. Partially, as a result of feedback received during these meetings, the project was re-evaluated. The engineers determined that the size of the proposed third basin could be reduced from 51 MG to 31 MG by shifting a larger portion of the burden to the Adams Field Wastewater Treatment Plant. The proposed new 31 MG basin will be of similar construction as the existing basins and designed for similar use. Wastewater is stored in the basins on a temporary basis and then drained back into the sanitary sewer system for conveyance to one of the Utility’s treatment plants. When the basins become full, the pump station directing flow to the facility is turned off. This could result in the reoccurrence of overflows within the collection system. The addition of the proposed new basin will allow the facility to operate over a longer duration and better accommodate larger rainfall events. The existing storage facility has apparently operated incident free since it was placed into service five (5) years ago. Although any odor complaints have been few, the utility is planning to install enhanced odor control measures at the facility. The existing grit chamber, where the overflow first enters the facility, will be enclosed. The proposed new basin will be cleaned after each storage event in accordance to the utility’s established practice. December 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8045-A 5 A portion of the new basin is to be constructed on an easement held by CenterPoint Energy (CPE) for their gas transmission mains that cross this property. LRWU and CPE have entered into a joint use agreement regarding this issue. CPE has installed new piping across the property to minimize the likelihood of a line failure underneath the new basin. LRWU has committed to making provisions within their design to minimize any encumbrances to CPE potentially caused by construction of this facility. The existing fifty (50) foot landscape buffer will be maintained. The existing vegetation in the buffer will be undisturbed and left in its natural state to the extent practical. Any areas that must be disturbed will be re-established. No additional driveways or access points are proposed. The proposed improvements will not include any new mechanical equipment that would require noise abatement. Lighting will continue to be limited to the grit chamber area and will be switched on manually in the event of an after-hours mechanical concern. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (DECEMBER 4, 2014) The applicants were present. There were two persons present who had registered as objectors. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. John Holloway, of Little Rock Wastewater (LRWU), stated he would reserve his time to respond to any issues raised by those who had concerns. Pat Gee, Vice-president of SWLRUP and President of Upper Baseline Neighborhood Association, stated they had a few concerns that they wanted addressed. She stated the Wakefield Neighborhood Association had voted to support the proposal and the Geyer Springs Neighborhood Association meeting was not well attended and no vote was taken. She stated SWLRUP wanted assurance that the grit chamber enclosure and automatic odor control chemical feeder would be installed and used to prevent odors. She stated they also wanted assurance no more basins would be requested on this site after this one December 4, 2014 ITEM NO.: 4 (Cont.) FILE NO.: Z-8045-A 6 and made note of the proximity of Fourche creek and Benny Craig Park. She asked the cost of the facility. Mr. Holloway stated the facility had been in use since September 2009 and had been used to collect over one-billion gallons of overflow that would have gone into Fourche Creek. He stated there had been 62 events in the 5 years and 17 where the facility reached maximum capacity and the pumps to the facility had to be turned off. He stated this additional basin would provide that needed extra capacity during those rare events. He stated the grit chamber enclosure and odor abatement system would be installed in early 2015. He stated the cost of the new facility was in the area of twenty-eight million dollars. Mr. Holloway stated there had been meetings with officials and concerned stakeholders and the original concept for the basin had been reduced from 51 million gallons to 31 million in response to concerns the Utility had heard. Commissioner Berry stated the need for the basins came in response to a court order. He asked how many basin sites there would be. Mr. Holloway responded that there was this site, one at the Adams Field waste treatment site and two additional sites that had been identified. In response to questions from Commissioner May, Mr. Holloway stated the Utility located the sites based on the confluence of problem and solution; where the overflows occur and the proximity of major trunk lines. He also commented on the process of potentially locating an overflow facility in the areas of Henderson School and Presbyterian Village. Troy Laha, of SWLRUP, stated he wanted assurance that the odor abatement chemical operation will start when the pump starts, not when they get a complaint about odor. Mr. Holloway responded that they will turn the system on when flow starts occurring at the grit chamber. A motion was made to approve the application, including all staff comments and conditions. The motion was seconded and approved by a vote on 8 ayes, 0 noes and 3 absent. December 4, 2014 ITEM NO.: 5 FILE NO.: Z-8986 NAME: Phillips Duplex – Conditional Use Permit LOCATION: 8112 West 33rd Street OWNER/APPLICANT: Samuel Phillips/Marlana Phillips PROPOSAL: A conditional use permit is requested to allow for the conversion of the existing single family structure on this R-3 zoned property into a duplex. 1. SITE LOCATION: The property is located on the northwest corner of West 33rd and Gilman Streets, in the John Barrow neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within a single family neighborhood and the area around this site is occupied by a variety of single family residences. This home is substantially larger than most all of the nearby residences and is located on three lots. No external changes are proposed and it should not be readily apparent to those looking at the site that any change has been made. The applicant has stated the units will be occupied by family members, not rented. It will function as a single family residence with a guest house or “mother-in-law quarters”; just all in one structure. Staff believes the use should be compatible with the neighborhood, as proposed. 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: Each duplex unit is required to have 1 ½ parking spaces. An existing driveway on the west side of the residence provides off-street parking for 6 vehicles. 4. SCREENING AND BUFFERS: No Comment. December 4, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-8986 2 5. PUBLIC WORKS COMMENTS: 1. W. 33rd St. is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. If the existing structure is proposed to be demolished, the entire amount of right-of-way should be dedicated. If not demolished, right-of-way should be dedicated to the south wall of the structure. 2. Gilman St. is classified on the Master Street Plan as a collector street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 feet radial dedication of right-of-way is required at the intersection of W. 33rd St and Gilman St. 4. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements (brick mailbox) located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection. Contact Entergy in advance for any service line work required at the house when converting to the duplex. Centerpoint Energy: No comment received. AT&T: No comment received. Water: No objection. Fire Department: Fire hydrants per code. Maintain access. Building Codes: No comment. County Planning: No comments. CATA: The site is not located on a CATA bus route. A bus route is located along West 36th, south of the site. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) Samuel Phillips and Marlana Phillips were present. Staff presented the item and noted little additional information was needed. Mr. Phillips stated the structure had been a duplex and had separate electric meters. The structure was December 4, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-8986 3 damaged by fire and the CUP was necessary to allow for it to be repaired as a duplex. He stated the other utilities were not split. In response to a question from staff, Mr. Phillips stated it was his intent that the duplex (both units) always be occupied by family and not rented. Public Works Comments were noted. Staff explained the process of dedicating right-of-way. There were no other issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-3 zoned property located at 8112 West 33rd Street is occupied by a one- story, brick and frame single family residence and a detached accessory building (storage and garage). The property consists of three (3) lots and the house contains approximately 3,200 square feet. The house was damaged by fire and is currently being repaired. As part of the repair project, the applicant would like to convert the structure into a duplex by turning a portion of the structure into a one bedroom efficiency apartment. The applicant proposes to live in the one- bedroom unit and his daughter and her family will live in the larger, three bedroom remainder (2nd unit). The structure will not be enlarged and it will not be readily apparent from the outside that any change has been made. Electric utilities will be split but there will be only one gas and water connection. The applicant stated at Subdivision Committee that the units will only be occupied by family members and not rented. In effect the duplex will function the same as a single family residence with a detached guest quarters or “mother-in- law quarters”. The property and house are large enough to accommodate the proposed use. As proposed, staff believes the proposed use will be compatible with the neighborhood. The 1907 plat/bill of assurance for John Barrow Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. December 4, 2014 ITEM NO.: 5 (Cont.) FILE NO.: Z-8986 4 2. One of the duplex units must be occupied by the property owner. 3. The other duplex unit must be occupied by family members or guests of the property owner and is not to be rented (as proposed by the applicant). PLANNING COMMISSION ACTION: (DECEMBER 4, 2014) The applicant was present. There were no objectors present. A letter of objection from the John Barrow Neighborhood Association had been distributed to the Commissioners. 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. The vote was 8 ayes, 0 noes and 3 absent. December 4, 2014 ITEM NO.: 6 FILE NO.: Z-8987 NAME: Hill Multisectional Manufactured Home – Conditional Use Permit LOCATION: 1609 Geyer Street OWNER/APPLICANT: Joyce Parham/Rochelle Hill PROPOSAL: A conditional use permit is requested to allow for the placement of a multisectional manufactured home on this R-4 zoned lot to replace the existing, site-built residence. 1. SITE LOCATION: The property is located on the east side of Geyer Street, on the east edge of the Hanger Hill Neighborhood. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the eastern edge of the Hanger Hill Neighborhood, adjacent to the I-2 and I-3 zoned industrial park. Homes in the immediate area vary somewhat in style and age but most have horizontal plank exteriors, one-story, pitched roof and front porch or stoop. The home proposed for the site meets all of these typical design elements and will be oriented in the same manner as the nearby homes. Staff believes the proposed home will fit well at this site in the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Hanger Hill Neighborhood Association. 3. ON SITE DRIVES AND PARKING: A single driveway exists on the site. It will remain. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. December 4, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-8987 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No objection, electrical service is available. Centerpoint Energy: No comment received. AT&T: No comment received. Water: No objection. Fire Department: Maintain access. Building Codes: No comment. County Planning: No comments. CATA: The site is not located on a CATA bus route. A bus route is located along East 15th Street, north of the site. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) The applicant was not present. Staff presented the item and stated they would meet with the applicant to go over any issues. Staff stated they would request exterior elevations of the proposed home; particularly of the street view. Staff also noted placement of the home would have to comply with the siting criteria of Section 36-254(d) (5). The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 1609 Geyer Street is occupied by a one-story, 800± square foot, frame, single-family residence. The home was constructed in 1940. In December 2013, the home was damaged by fire. The applicant is requesting approval of a conditional use permit to allow for replacement of the existing fire-damaged home with a new multisectional manufactured home. Staff believes these types of homes are an appropriate single family alternative. The issue then becomes one of compatibility; i.e. orientation, exterior finish, roof pitch. The homes in the immediate area are of a variety of sizes and styles December 4, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-8987 3 although most have horizontal plank exteriors, pitched roofs, one-story with a front porch or stoop. There are a couple of brick homes in the area of a later period than most of the other homes. The design and orientation of the proposed new home is similar in many ways to the other homes in the immediate vicinity. The existing home is 28.3 ft. in width facing the street. The new home is 26 feet in width. The new home has a gable end facing the street with a front porch extending the width of the structure. The new home has a pitched, shingled roof and a horizontal plank exterior. The new home will be placed behind the existing steps and concrete stoop which will be used for front doors access. The new home’s front porch has railings and columns. Placement of the home must comply with the siting criteria of Section 360254(d) (5); including permanent foundation and underpinning. The 1893 plat/bill of assurance for Dodge Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the agenda staff report. 2. Placement of the home must comply with the following siting criteria from Section 36-254(d) (5): a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. December 4, 2014 ITEM NO.: 6 (Cont.) FILE NO.: Z-8987 4 PLANNING COMMISSION ACTION: (DECEMBER 4, 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. The vote was 8 ayes, 0 noes and 3 absent. December 4, 2014 ITEM NO.: 7 FILE NO.: Z-8570-B NAME: Verizon Wireless – Tower Use Permit LOCATION: 20001 Kanis Road OWNER/APPLICANT: John Bale/James Curley PROPOSAL: A tower use permit is requested to allow for the addition of 20 feet to the height of this existing 150 foot tall cell tower. 1. SITE LOCATION: The site is located outside the city limits, within the City’s Zoning jurisdiction. The WCF site is located 500± feet south of Kanis Road, west of Chenal Downs. 2. COMPATIBILITY WITH NEIGHBORHOOD: The existing WCF site consists of a tower and equipment within a fenced, 50 ft. X 50 ft. lease area in a 200± acre tract, This portion of the parent tract is heavily wooded. The parent tract extends for several hundred feet to the south and west. Properties to the north and extending west are wooded and undeveloped. The Chenal Downs neighborhood, consisting of larger homes on 5+ acre tracts, is located to the east. The WCF site is 150 ft. from the common property line between the 200± acre parent tract and Chenal Downs. The center of the tower is 185 ft. from that property line. The tower itself is a stealth design with the antennae not extending out. Notice of the public hearing was sent to all owners of properties located within 200 feet of the boundary of the 200± acre parent tract. There is no neighborhood association in the area that is registered with the City. 3. ON SITE DRIVES AND PARKING: A gravel driveway within a 30 foot access easement provides access to the WCF site off of Kanis Road. A gate is located across the driveway at Kanis. A concrete driveway apron will be installed as required by Public Works. December 4, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-8570-B 2 4. SCREENING AND BUFFERS: 1. The site is to contain a permanent six foot landscape strip parallel with all sides of the primary use area and outside of the opaque fence but within the lease area. 2. An eight foot opaque fence, finished side facing cut, is to be located around the entirety of the primary use area. 3. The landscape strip on each side of the primary use area is to contain two trees, of a two inch caliper which will grow to a spacing of 15 feet and a height of 20 feet. Each landscape strip is to also contain evergreen shrubs of 30 inches in height at planting, with a maximum spacing of 48 inches and which will grow to a minimum height of 60 inches. 5. PUBLIC WORKS COMMENTS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. The driveway should be constructed with a concrete apron per City Ordinance. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No objection. Contact Entergy in advance since no distribution lines exist within a long distance from this site. Centerpoint Energy: No comment received. AT&T: No comment received. Water: No objection. Fire Department: Maintain access. Building Codes: Outside city limits, no comments. County Planning: Submit plans to Pulaski County Planning for review and approval. Contact Jim Cranor at (501) 340-8260 with any questions. CATA: Site located outside of CATA service area. December 4, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-8570-B 3 SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 2014) The applicant was present. Staff presented the item and requested the applicant provide an as-built landscape and screening plan to confirm that landscaping and screening are in compliance with the previous approval to allow the existing WCF development. Staff noted the previous approval indicated the tower was built to accommodate five centerlines of antenna and there was currently only one carrier on the tower. Staff asked the applicant to provide justification for requesting the proposed increase in tower height. Public Works Comments were noted. The applicant was advised to respond to staff issues by November 12, 2014. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A Wireless Communication Facility (WCF) is located within a 50 ft. X 50 ft. lease area on the 200± acre tract at 20001 Kanis Road. The property is outside of the city limits but within the City’s zoning jurisdiction. The property is zoned AF. The WCF was approved at staff level on June 24, 2010. The proposed WCF complied with all ordinance standards, allowing the staff level approval. The WCF is comprised of the 50 ft. X 50 ft. lease area containing a 150 ft. tall, stealth- style, monopole tower and an equipment shelter for the one wireless carrier currently occupying the site. The compound is enclosed by a screening fence and landscaping. A second carrier, Verizon Wireless, is proposed to locate on the WCF site. In addition to placing an equipment shelter and generator in the compound, Verizon is proposing to extend the tower height by 20 feet; from 150 feet to 170 feet. The proposed tower height extension above 150 feet requires approval from the Planning Commission through the Tower Use Permit process. Verizon has submitted the following justification in support of the request to increase the tower height: Verizon is currently attempting to improve its coverage in and around the Chenal Down subdivision. The current coverage in the area is relatively weak, which results in drop calls, slow data speeds, and in extreme cases not being able to make or receive calls. This site will greatly improve outdoor coverage and provide good in-building coverage for the Chenal Downs area. December 4, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-8570-B 4 Verizon Wireless desires to deploy LTE and XLTE service in the Sellette area off of Kanis Road in West Little Rock. The existing tower, while in an adequate location, currently is not tall enough to provide sufficient in-building coverage to the home in the area. Therefore, Verizon Wireless is requesting to extend the tower to meet this need. In addition, we must have 10’ of separation, tip to tip, between the antennas of the different carriers. With the top tip of the AT&T antenna being at 150’, the bottom tip of the Verizon antenna would have to be at 160’. The antennas are 10’ in length so the top tip of the Verizon antenna would be at 170’. Thus the 20’ extension to the existing 150’ tower. The tower will have setbacks from the boundaries of the parent tract of 185’5” East, 1,421’8” West, 527’11” North and 783’1” South. The lease area and WCF compound will not be enlarged. Access to the site off of Kanis Road will remain where it is. A concrete driveway apron will be installed and right-of-way for Kanis Road will be dedicated as noted in Public Works Comments. The original staff level approval for the existing WCF was granted based on plans and documentation that showed full compliance with the WCF standards of the Zoning Ordinance, including landscaping. The applicant is preparing an as-built survey-plan to show compliance. If any of the required landscape elements are missing, they must be installed to comply with Code. To staff’s knowledge, there are no other issues. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested Tower Use Permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The site is to be landscaped to comply with Section 36-593 (c) of the Zoning Ordinance and any missing required plant materials are to be replaced or installed. December 4, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-8570-B 5 PLANNING COMMISSION ACTION: (DECEMBER 4, 2014) The applicant was present. There was one objector present. A letter of objection from the Chenal Downs P.O.A. had been forwarded to the Commissioners. Staff presented the item and recommendation of approval as outlined in the “staff recommendation” above. Jim Curley of BTE Management Group, the applicant, explained the need for added height to accommodate Verizon’s antennae and to maintain separation from AT & T’s antennae. He stated the additional height was needed to provide required service to their customers. Keith Harper, of 20 Sellette Court, spoke in opposition. He stated he moved into his home in 2007 and the cell tower went up in 2011. He stated he had not been notified of the original tower being erected and showed photos of the tower from his property; including an enhanced photo showing the addition onto the tower. He stated he thought it was suspicious that they built the tower and now are coming in to request additional height. Jim Curley responded that no notice was required for the original tower construction since it complied with Code. He stated Verizon was obligated to provide “in building” coverage and this was the only way to do so. In response to a question from Chairman Fountain, Planning Staff member Dana Carney explained the review process for various types of WCF. Commissioner Berry stated he was on the Commission when the WCF regulations were adopted. He stated he agreed with staff that in light of Federal regulations, this was a reasonable request. Commissioner Cox referenced the letter from the Chenal Downs P. O. A. and stated the concerns of the nearby residents should be taken into consideration. He questioned if this site was the best site when the tower was first constructed. He said the problem should not be compounded by increasing the tower height. Commissioner Finney asked if staff could approve another tower in the area if this application were denied. Dana Carney stated yes and explained the process of review and approval. He quoted from the Code where the applicant for another tower in the area would have to show that a good faith effort had been made to co-locate on an existing tower and had failed. Mr. Carney stated coverage maps had been provided by the applicant showing the need for increased height to provide needed coverage. He said the Commission’s denial of the TUP could show that a good faith effort to co-locate had failed, thus justifying the need for an additional tower in the area. December 4, 2014 ITEM NO.: 7 (Cont.) FILE NO.: Z-8570-B 6 A motion was made to approve the application, including all staff comments and conditions. The vote was 4 ayes, 4 noes and 3 absent. The motion failed. DATE ZG q U PLANNING COMMISSION VOTE RECORD CY I •-ULA- � MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, OBRAY JR, Meeting Adjourned "�. ? P.M. , ''AYE NAYS ABSENT & ABSTAIN RECUSE Ummix ► mmmmm-mmm---mmmm� FOUNTAIN, mmmmmmmmnmmmmmmm' MAY, BILL B. --Immmmmmmmmmmmmmmm� -K--n, njr.,§FJlMMFjJMrg MEMBER BELT, JENNIFER MARTINEZ BERRY, CRAIG BROCK, TOM BUBBUS, ALAN BYNUM, BUELAH COX, KEITH DILLON, JANET FINNEY, REBECCA FOUNTAIN, KEITH MAY, BILL B. NUNNLEY, OBRAY JR, Meeting Adjourned "�. ? P.M. , ''AYE NAYS ABSENT & ABSTAIN RECUSE December 4, 2014 There being no further business before the Commission, the meeting was adjourned at 6:36 p.m. Date //Z