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Home My WebLink Aboutpc_02 16 2012sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD FEBRUARY 16, 2012 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eleven (11) members present. II. Members Present: Tom Brock William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Troy Laha Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the January 5, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA FEBRUARY 16, 2012 OLD BUSINESS: Item Number: File Number: Title: A. Z-8728 Worsham Short-form PCD, located at 910 East 9th Street. B. Amendment to Chapter 29 of the Code of Ordinances to allow a variance to be issued by the Item. Planning Commission for clearing and grading without imminent construction. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-181-E Pleasant Valley Manor Revised Final Plat, located at 38 Rocky Valley Cove. 2. S-1313-DD Woodlands Edge Phase 13 & 14 Revised Preliminary Plat, located on Woodlands Trail, North of Winthrop Point and Hoggard’s Ridge. 3. S-1684 The Estate of Johnnie James Bryan “Dubose Subdivision” Preliminary Plat, located at 3823 Rocky Valley Lane. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 4. Z-7131-C Vallon Long-form PD-R, located on the West side of Chenal Valley Drive in the 16500 Block between Chenal Heights Drive and LaMarche Drive. 5. Z-8117-A 15924 Cantrell Road Short-form PD-O, located at 15924 Cantrell Road. Agenda, Page Two II. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 6. Z-8296-A Trice Surgery Center POD Revocation and The Manor LLC Short-form PD-O, located on the Southeast corner of Kanis Road and Labelle Drive. 7. Z-8503-A The Pointe at Brodie Creek Revised Long-form PD-R and Land Alteration Variance Request, located at 3400 South Bowman Road. 8. Z-8631-A 3013 Fair Park Boulevard Revised Short-form POD, located at 3013 Fair Park Boulevard. 9. Z-8741 Stagecoach Road Short-form PCD, located in the 10800 Block of Stagecoach Road. February 16, 2012 ITEM NO.: A FILE NO.: Z-8728 NAME: Worsham Short-form PCD LOCATION: Located at 910 East 9th Street DEVELOPER: Melvin Worsham P.O. Box 774 Little Rock, AR 72203 SURVEYOR: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.225 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: Retail PROPOSED ZONING: PCD PROPOSED USE: Auto repair and sales VARIANCES/WAIVERS REQUESTED: None requested. PLANNING COMMISSION ACTION: (JANUARY 5, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the December 8, 2011, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the February 16, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. February 16, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8728 2 STAFF UPDATE: The applicant has not responded to Subdivision Committee comments raised at the December 8, 2011, Subdivision Committee meeting. The item has been on two agendas with no contact from the applicant. Staff recommends withdrawal of this item, without prejudice. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the March 29, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: B FILE NO.: LA-0041 NAME: Amendment to Chapter 29 of the Code of Ordinances to allow a variance to be issued by the Planning Commission for clearing and grading without imminent construction APPLICANT: City of Little Rock Public Works LOCATION: Land Alteration Regulations Chapter 29-166 thru Chapter 29-196 REQUEST: Revise Land Alteration Regulation to better address variance language for advance grading without construction being imminent. A. PROPOSAL/REQUEST: The Little Rock Planning Commission requested Little Rock Public Works staff to revise the City of Little Rock Code of Ordinance by preparing a Planning Commission application to revise Land Alteration Regulations (Chapter 29-166 thru Chapter 29-196) to better address variance language for advance grading without construction being imminent. 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NEIGHBORHOOD COMMENTS: Public notification was made in the local newpaper. Staff gave a presentation of the revised language to the Little Rock Planning Commission and the Little Rock City Beautiful Commission. The City Beautiful Commission provided a letter to staff approving the revisions. Other than the City Beautiful Commission, staff has not received any inquiries or comments on this application. February 16, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: LA-0041 6 C. STAFF UPDATE: The Land Alteration Regulations were adopted in 1995. In 2005, the regulations were revised to cleanup inconsistencies; to provide easier administration of the ordinance; to provide a better understanding, and to provide the Planning Commission the authority to approve variances to the ordinance. Recently, it was determined by the City Attorney’s Office that the Planning Commission had the authority to approve variance requests for advanced grading without construction being imminent. The current ordinance language though did not contain language that specifically addressed a variance to advance grade without construction being imminent. Due to this delinquent language, the Planning Commission requested staff propose revised language to address this variance and also prepare conditions on approval of the variance. In October, 2011 during an informal meeting, staff presented the Planning Commission with the revised language. The Planning Commission provided staff with some minor changes, which were incorporated, and an overall approval of the revised language. In January, 2012, staff presented the Little Rock City Beautiful Commission with the revised language. A letter was prepared by the City Beautiful Commission in support of the revisions. The revised language in this application reflects that language approved by both the Planning Commission during the informal meeting and the City Beautiful Commission. D. RECOMMENDATION: Approval E. PLANNING COMMISSION ACTION: (JANUARY 5, 2012) The City as the applicant for the item presented a recommendation of deferral of the item to the February 16, 2012, public hearing. Staff stated the deferral was necessary to allow the item to be presented to the City Beautiful Commission prior to the Commission reviewing the item. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes and 4 absent. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) With no registered objectors present, staff presented the item and a recommendation of deferral of the item to the March 29, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 1 FILE NO.: S-181-E NAME: Pleasant Valley Manor Revised Final Plat LOCATION: Located at 38 Rocky Valley Cove DEVELOPER: Josh Daniels 38 Rocky Valley Cove Little Rock, AR 72212 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.16 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.04 VARIANCES/WAIVERS REQUESTED: A variance from the approved handrail allowance. BACKGROUND: On June 11, 1985, the Little Rock Planning Commission approved a revision to a final plat for Lots 1 – 44 of the Pleasant Valley Manor Subdivision. The approval of the revision allowed the side yard setback on selected lots be reduced to one foot along one side of the lot extending from ten feet beyond the front yard setback to thirty feet from the rear lot line. The remainder of the side yard setback lines would be the normal ten percent of the lot width. The request allowed the construction of a raised patio deck only to within one foot of the lot line. The patio or deck was allowed to extend from the ground line, at the lot line, to the surface of deck or patio to a height of four feet. A note on the plat indicates patios or decks may not be covered in the area of the side yard intrusion. A second note indicates handrails are permitted. The approval applied to all lots except Lots 5, 6, 9, 20, 24, 25, 28, 32, 38, 42 and 44 which had side yard easements that prohibited the concept. February 16, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-181-E 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a revision to the final plat for Lot 33 Pleasant Valley Manor. The applicant has begun construction of a replacement deck and fence located on the western property line. The original deck was constructed at 3.1 feet from the property line and a six foot (6’) fence was placed on the deck along the south and western sides. The applicant purchased the home in 2008 and the deck and fence were in place. According to the applicant the structure was beginning to deteriorate due to age and was in need of replacing for both safety and structural reasons. The applicant decided to extend the deck to within one foot (1’) of the property line and extend the fence along the side yard from the rear property line toward the deck allowing an increase in the decks square footage. The request is to amend the plat to allow for an increase in the allowed height of the “handrails” by allowing the deck to be enclosed with the six foot (6’) fence and to extend the deck to the rear property line and allow the deck to be located in an easement. B. EXISTING CONDITIONS: The area is single-family. The home abuts an office complex to the north. South of the site is property owned by Central Arkansas Water. Most of the lots on Rocky Valley Cove are developed. Rocky Valley Cove has been constructed as a residential street. There are no sidewalks in place on Rocky Valley Cove. The homeowner has placed a wood deck along the western property line to within one foot of the property line. On top of the deck the homeowner has placed a six (6) foot solid board fence. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All abutting property owners were notified of the public hearing. The Pleasant Valley Property Owners Association was notified of the proposed plat request. A stop work notice was given to the applicant for construction without proper permits. An anonymous complaint prompted the stop work order. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. February 16, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-181-E 3 Entergy: Easements are required. A 15-foot easement is required along the eastern perimeter. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. February 16, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-181-E 4 G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Josh Daniels was present representing the request. Staff presented an overview of the item stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide the total height of the deck and the total height of the fence. Mr. Daniels stated to the top of the deck the height was four (4) feet and the fence was a six (6) foot fence. Mr. Daniels stated he had two (2) small children and the deck was their outdoor play area. He stated typical deck railing was a concern due to the height of the deck and that the adjacent property was significantly lower than his property. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant has provided responses to comments raised at the January 25, 2012, Subdivision Committee meeting. The applicant has indicated the height of the deck at four (4) feet and the fence located on top of the deck is six (6) feet. The fence has been constructed as a solid board fence. The revision to the final plat is necessary due to the previous action by the Commission. The previous action allowed the side yard setback on a number of lots to be reduced to one foot along one side of the lot extending from ten feet beyond the front yard setback to thirty feet from the rear lot line. The remainder of the side yard setback lines were to conform to the normal ten percent of the lot width. The request allowed the construction of a raised patio deck only to within one foot of the lot line. The maximum deck height allowed was four feet and handrails were allowed to extend above the deck. No specific height of the handrails was provided in the previous approval. Typical building codes allow for handrail heights to range from 36-inches to 42-inches. The spacing between balusters is typically 3.5-inches. This owner is reconstructing and extending a deck which was put in place by a previous owner. The previous owner constructed the original deck at 3.1 feet from the property line and a six foot fence was placed on the deck along the south and western sides. The fence on top of the deck was not in compliance with the approval since the approval allowed the deck and handrails, not fencing. Since the approved plat allowed the deck to be placed within one foot of the property line the applicant decided to extend the deck to the property line as allowed. The applicant also decided to replace the solid fence on the deck. The fence is a six foot solid board fence which encloses the deck on the western and southern sides. February 16, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-181-E 5 The original approval established limits on the front and rear setbacks for the decks. The deck was allowed to be located from ten feet beyond the front yard setback to thirty feet from the rear lot line. It appears the deck has been constructed extending along the western property line to the rear property line. The rear portion of the deck has been constructed in a 15-foot easement. This too is not in compliance with the originally approved plat. The request before the Commission is to amend the plat to allow for a modification of the handrails which does not allow the deck to be enclosed with a six foot fence. The applicant has not requested to maintain the portion of the deck constructed in the rear yard out of compliance with the original approval but, it must be included in this request or be removed. To allow the deck to be located within the easement the applicant must provide approval from the various utility companies. Staff is not supportive of the request. Staff feels the structure as currently constructed is intrusive and negatively impacts the adjacent property. Staff feels the fencing should be removed and a better alternative for the handrails should be put in place. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Josh Daniels was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had begun construction of a replacement deck and fence located on the western side of his home. Staff stated the original deck was constructed at 3.1 feet from the property line and a six foot (6’) fence was placed on the deck along the south and western sides. Staff stated while replacing the deck the owner decided to extend the deck to within one foot (1’) of the property line and extend the fence along the side yard from the rear property line in a similar manner as was originally constructed. Staff stated in the write-up provided to the Commission they were not supportive of the request. Staff stated since the original write-up was published the applicant had met with the adjoining property owner and had amended his request to allow the placement of the deck and fence as was constructed by the previous owner or within 3.1 feet from the property line. Staff stated they felt this more appropriate and less intrusive on the adjoining property. February 16, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-181-E 6 Staff stated the request was a two-part request. One was to amend the plat and bill of assurance to allow the six foot (6’) high fence to be placed along the top of the deck on the western and southern sides and the second was to allow the deck to extend into the rear yard area to the property line and within an easement. Staff stated the applicant had contacted the five utility companies and all had indicated there were no existing utilities within the easement and none had a concern with the deck remaining as was constructed in the rear yard area. Staff stated they were supportive of the current request. Staff stated although the previous fence construction was not in compliance with the original approval there did not appear to be any negative impact on the adjoining lot. Staff stated they were also supportive of allowing the deck as currently constructed to remain in the rear yard area. Staff stated to their knowledge there were no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Josh Daniels addressed the Commission on the merits of his request. He stated he had begun replacement of the deck in December. He stated he had met with his neighbor and thought there was an agreement on the deck construction and the placement of the fencing onto of the deck. He stated during construction the City issue a stop work order and he was told the fence could not be placed on the deck. He stated he later found the complaint was filed by his neighbor. He stated he had since met with the neighbor and they had reached an agreement if Mr. Daniels moved the deck back to the original location she would not oppose the fence placement on the deck. Mr. Daniels stated he would move the deck back to 3.1 feet from the property line, which was the location when he purchased his home and when his neighbor purchased her home. Ms. Betty Carol Clark addressed the Commission stating she was the neighbor who had filed the compliant. She stated once the construction began she felt she was imprisoned. She stated she was in agreement with Mr. Daniels to allow the fence to remain on the deck if the deck was moved back to the location constructed by the previous homeowner. She stated she understood this was in place when Mr. Daniels bought his home and was in place when she purchased her home. She stated she wished the fence was lower but understood Mr. Daniels position. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 2 FILE NO.: S-1313-DD NAME: Woodlands Edge Phase 13 & 14 Revised Preliminary Plat LOCATION: Located on Woodlands Trail, North of Winthrop Point and Hoggard’s Ridge DEVELOPER: Rocket Properties, LLC Attn: Ron Tyne 1701 Centerview Drive, Suite 115 Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 32 acres NUMBER OF LOTS: 55 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration Ordinance to allow advanced grading on the following lots - Lots 3 - 9, Block 19 (Cut) Lots 22 and 23, Block 19 (Fill) Lots 13 - 16, Block 20 (Cut) Lots 20 and 21, Block 20 (Fill) BACKGROUND: On April 12, 2007, The Little Rock Planning Commission approved a preliminary plat request for Woodlands Edge Phases 10 – 14 Preliminary Plat (Blocks 14 – 19). The plat area contained 88 acres and 153 residential lots ranging in size from 60-feet wide by 110-feet deep up to 100-feet wide and 120-feet deep. In addition, the plat indicated two tracts fronting Kanis Road which were shown as PCD. The PCD zoning was approved as a separate item on the agenda (Z-5096-B). The approval allowed for C-3, General Commercial District uses on the western lot and O-3, General Office District uses on the eastern lot. No development has occurred on the PCD zoned lots. February 16, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1313-DD 2 A portion of the site was zoned PRD. A revocation request to restore the previously held R-2, Single-family zoning district was approved as a separate item on the agenda (Z-5096-C). There were a number of variances approved for the proposed subdivision including the creation of pipe stem lots, an increased depth of the proposed pipe stem lots, reduced front, side and rear building setbacks, variances from the Master Street Plan to allow an increased length of a minor residential street, a reduced design standard for a collector street, a trail system in-lieu of sidewalks and an increased grade for a collector street. On September 23, 2010, the Little Rock Planning Commission approved a preliminary plat for Phases 14 – 17 of the Woodlands Edge Subdivision. The request contained 177.9 acres and proposed the development of 149 single-family lots. The lot sizes average 80-feet by 120-feet, 120-feet by 150-feet and 150-feet by 180-feet depending on the terrain in which the lots were located. Several of the lots were indicated with a slope in excess of 18%. The approval allowed these lots to utilize the hillside development standards. The lots were indicated with a slope between 18 and 20 percent and were indicated with a lot area between 10,000 and 12,000 square feet as required by the Subdivision Ordinance. The approval included variances from the Master Street Plan to allow an increased length of a minor residential street, trail systems in lieu of sidewalks, reduced right of way widths for residential street standards and collector street standards and an increased grade for the collector streets of fourteen percent (14%). The request also included a variance from the Land Alteration Ordinance to allow grading of future phases where construction was not imminent. Variances were also approved to allow a reduced front yard setback along a collector street and a reduced rear yard setback adjacent to areas proposed as open space tracts. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved preliminary plat for Phases 13 & 14 to allow an option for two (2) streets to be designated as private streets. The Subdivision Ordinance allows the development of private streets (Section 31-207). The ordinance states private streets for residential development shall be discouraged. However, private streets may be approved by the Planning Commission to serve isolated developments. The design standards shall conform to public street standards as specified in the Subdivision Ordinance. Private streets are permissible only in the form of cul-de-sac and short loop streets and only when it has been determined that these streets can be adequately served by all public service vehicles. Such streets will not be permitted where there is a possibility of through traffic or eventual connection to another public street. It shall be incumbent upon the applicant to demonstrate that the private streets will not unreasonably limit access to adjacent parcels, February 16, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1313-DD 3 hinder logical traffic pattern, or otherwise be contrary to the public interest. The subdivider shall provide for permanent maintenance of all private streets in the bill of assurance. This maintenance shall include water line, fire hydrants, or other utility facilities. All previously approved variances continue to be a part of the application approval. This includes variances from the specific lot development standards, Master Street Plan design standards, and variances from the Land Alteration Ordinance to allow grading of future phases where construction is not imminent. B. EXISTING CONDITIONS: The site is located north of the existing Woodlands Edge Subdivision on Woodlands Trail just south of the proposed non-residential zoned property located along Kanis Road. The plat area includes two (2) previously identified phases of the subdivision which are proposed as cul-de-sac streets. The property is heavily wooded with varying degrees of slope. The subdivision has been designed to allow for areas of open space and tracts held as conservation easements and the development of trails and pedestrian paths in-lieu of sidewalks. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. The Woodlands Edge Community Neighborhood Association was notified of the proposed plat request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 2. No residential waste collection service will be provided on private streets unless the property owners association provides a waiver of damage claims for operations on private property. 3. Entrance into and out of sites must at least 20 feet in width. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. The entrance medians should be reduced in sized or flatten near Woodlands Trail to provide permanent site distance. More information can be provided. February 16, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1313-DD 4 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. A Capital Investment Charge based on the size of connection(s) will apply to portions of this project in addition to normal charges. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Please submit plans for water facilities to Central Arkansas Water for review. Plan revision may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health and the Little Rock Fire Department is required. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. Fire Department: Place fire hydrants per code. Maintain a minimum access of at least 20 feet wide. If there are in excess of 30 lots proposed with a single entrance from Woodlands Trail there must be two entrances/exits to the subdivision. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. February 16, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1313-DD 5 G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating the developer desired to develop these two (2) phases with private streets. Staff stated there was also a variance request from the Land Alteration Ordinance to allow advanced cutting and filling of several lots in the proposed subdivision. Staff stated the primary concern was Block 13 which contained more than 30 single- family lots and did not have a secondary means of access. Staff stated based on State Fire Code, a secondary means of access was required unless the homes were sprinkled. Mr. White stated he was reviewing the topography of the area to determine the best location for the secondary access. Public Works comments were addressed. Staff stated the entrance drives into and out of the site was to be a minimum of 20-feet. Staff also stated the entrance medians should be flattened near Woodlands Trail to provide permanent site distance. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the January 25, 2012, Subdivision Committee meeting. The applicant has provided a secondary access to serve Block 13. The revised plat also indicates the entrance drives with a minimum of 20-feet and has noted the entrance medians will be flattened near Woodlands Trail to provide permanent site distance. The applicant is requesting approval for the option to allow two (2) of the streets within the Woodlands Edge Subdivision to be developed as private streets. The Subdivision Ordinance allows the development of private streets (Section 31-207). The ordinance states private streets for residential development shall be discouraged. However, private streets may be approved by the Planning Commission to serve isolated developments. The two (2) streets proposed for gating meet the criteria established by the Subdivision Ordinance, both of which are designed as cul-de-sac streets. The applicant has indicated prior to final platting a decision will be made as to whether the streets will be public or private. If is determined the streets will be dedicated as public streets, no gates will be installed. February 16, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1313-DD 6 The request includes a variance from the City’s Land Alteration Ordinance to allow cutting and filling of several lots within the proposed subdivision. According to the applicant Lots 3 - 9, Block 19 and Lots 13 - 16, Block 20 will be “cut” and Lots 22 and 23, Block 19 and Lots 20 and 21, Block 20 will be “filled”. The applicant has indicated the material from the cut lots will be used on the fill lots eliminating the need for hauling of material from the site now only to be returned at the time of development of the individual lots. Staff is supportive of the request. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the allowance of these two (2) private streets within the proposed subdivision will adversely impact the development. In addition staff is supportive of allowing the applicant’s request for a variance from the City’s Land Alteration Ordinance to allow advanced grading of the lots as indicated. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance from the City’s Land Alteration Ordinance to allow advanced grading of the indicated lots as proposed by the applicant. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance from the City’s Land Alteration Ordinance to allow advanced grading as proposed by the applicant. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 3 FILE NO.: S-1684 NAME: The Estate of Johnnie James Bryant “Dubose Subdivision” Preliminary Plat LOCATION: Located at 3823 Rocky Valley Lane DEVELOPER: Estate of Johnnie J. Bryant Attn. Melanie Dubose Executrix 3823 Rocky Lane Little Rock, AR 72210 ENGINEER: David Hamilton Consulting Engineers 7509 Cantrell Road, Suite 227 Little Rock, AR 72207 AREA: 4.565 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a combination preliminary/final plat for the Dubose Subdivision. The intent of the request is to divide the existing tract into two (2) lots so that family members may own parts of the tract individually. The lots contain 1.27 acres and 3.29 acres. There is a barn and a shed on the proposed lots which encroach into the 25-foot front building setback. The request includes allowing these two (2) structures to remain as they presently exist. The Estate will dedicate right of way along Rocky Lane to satisfy the City’s Subdivision Ordinance and Master Street plan. February 16, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1684 2 B. EXISTING CONDITIONS: The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The property proposed for platting contains a barn and a shed. The property to the east is zoned R-7A and contains a single-wide manufactured home. This area of the County has developed with primarily single-family residences. At the intersection of Rocky Lane and Colonel Glenn Road there is a property zoned PCD which was approved as a rock business and north of Colonel Glenn Road at this intersection is a PCD zoned property which is a convenience store. Rocky Lane is a narrow road with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. Southwest Little Rock United for Progress was notified of the proposed plat request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Rocky Lane is classified on the Master Street Plan as a residential street. A dedication of right-of-way 30 feet from centerline will be required as required by Pulaski County. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary, no comment. Entergy: Easements are required. A 20-foot easement is required for all Entergy lines on the property. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: The site is located outside the City limits of the City of Little Rock. Provide approval from the area Volunteer Fire Department. A letter February 16, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1684 3 should be provided indicating their knowledge of the proposed plat and their ability to serve the plat area. County Planning: Provide flood plain information; provide ½ of a 60-foot right of way; provide City approval of building encroachment and deferral of half street improvements. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. David Hamilton was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff requested Mr. Hamilton provide an access and utility easement for any landlocked parcels abutting the plat area. Mr. Hamilton questioned the width and location. Staff stated the location could be along the southern boundary and should be a minimum of 25-feet. Public Works comments were addressed. Staff stated the typical right of way dedication per the City’s Master Street Plan was 25-feet from centerline but the County had requested a dedication of 30-feet from centerline. Staff stated with the dedication as requested by the County this would create encroachments of existing structures into the right of way. Staff stated the City typically did not require dedications which created encroachments and suggested Mr. Hamilton contact County Planning concerning the right of way dedication. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plat to staff addressing the issues raised at the January 25, 2012, Subdivision Committee meeting. Pulaski County has indicated the right of way dedication required will be 30-feet from centerline in all areas except the location the barn encroaches into the future right of way. In this February 16, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1684 4 area the right of way will be dedicated to the face of the building. The revised plat also indicates the placement of a 25-foot access and utility easement along the southern boundary of proposed Lot 3 to serve the adjacent landlocked parcel. The applicant has provided a letter from the Crystal Valley Fire Department stating they do not have any concerns with the proposed subdivision. The request is a combination preliminary/final plat for the Dubose Subdivision. The plat includes 4.56 acres and is proposed with two lots. The lots are zoned R-2, Single-family. Prior to development of the lots the applicant will be required to provide a septic certification from the Arkansas Department of Health. There is a barn and accessory building on the proposed lots. With the right of way dedication the barn will have a zero front setback and the accessory building will have a 20-foot front setback. The applicant is requesting to maintain the structures as they presently exist. Should the structures be removed the new construction will comply with the typical front setback requirements. Staff is supportive of the request. The request is to allow a combination preliminary/final plat for this property. The minimum lot size proposed is 1.27 acres and the larger lot is indicated with 3.29 acres. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the creation of the two (2) lots will impact the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. David Hamilton was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 4 FILE NO.: Z-7131-C NAME: Vallon Long-form PD-R LOCATION: Located at 16509 Chenal Valley Drive DEVELOPER: The View at Emerald Pointe LLC 10 Bernay Drive Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 AREA: 5.296 acres NUMBER OF LOTS: 34 FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Existing condo building and 33 single-family patio homes VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated January 30, 2012, requesting deferral of this item to the March 29, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 30, 2012, requesting deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 5 FILE NO.: Z-8117-A NAME: 15924 Cantrell Road Short-form PD-O LOCATION: Located at 15924 Cantrell Road DEVELOPER: David Trent 15800 Cantrell Road Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.35 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family PROPOSED ZONING: PD-O PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated February 1, 2012, requesting a deferral of this item to the March 29, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 1, 2012, requesting a deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. February 16, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8117-A 2 There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 6 FILE NO.: Z-8296-A NAME: Trice Surgery Center POD Revocation and The Manor LLC Short-form PD-O LOCATION: Located on the Southeast corner of Kanis Road and Labelle Drive DEVELOPER: ALS Development LLC 9800 Maumelle Boulevard North Little Rock, AR 72113 ENGINEER: Crafton Tull Jerry Kelso 10825 Financial Centre Parkway, Suite 300 Little Rock, AR 72211 AREA: 7.11 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and Expired POD ALLOWED USES: Single-family residential PROPOSED ZONING: PD-O PROPOSED USE: Assisted living facility – 75 beds. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Board of Directors adopted Ordinance No. 19,931 on March 18, 2008, establishing Trice Surgery Center Short-form POD. The approval allowed the construction of a surgery center containing 18,375 square feet located on 1.99 acres. The center was proposed as a single story building with 70 parking spaces. The hours of operation approved were from 8 am to 6 pm Monday through Friday. There was no overnight stay proposed for the center. The site plan included the placement of a single driveway to serve the development located on Labelle Drive. The drive was to be shared between the property and future development to the south. The surgery center was not developed and the POD zoning approval has expired. An ordinance for the revocation February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 2 will be forwarded to the Little Rock Board of Directors. The underlying zoning for the property is R-2, Single-family. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to expand the area of the previous approval to include 7.11 acres. The request is to rezone the property to a Planned Development Office for development of a 75 bed assisted living facility. The facility will contain, 25 studio units and 50 one-bedroom units. The facility is a Level II Assistance Living facility. The building is a single story building containing resident rooms, common sitting area, dining area, recreation and activity area, beauty salon, fitness center, offices, kitchen, laundry and storage room. B. EXISTING CONDITIONS: The property has been cleared and there is a large drainage ditch running along the southern boundary of the property. To the east is a single-family home with a number of outbuildings. North of the site is St. Andrews Church. Labelle Drive is a collector street accessing the Kanis Village Subdivision and is proposed to connect with Dorchester Drive in the future. A number of new homes were completed in the subdivision prior to the developer filing for bankruptcy. The preliminary plat approved for the development included several hundred residential lots. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way will be required for the new alignment of Kanis Road. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. A grading permit in accordance with Section 29-186 (c) and (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. February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 3 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. Kanis Road in this area is proposed to be realigned to reduce the curvature. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 8. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 9. Driveway location does not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway on Labelle Drive must be located at least 250 feet from Kanis Road. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Analysis required for this project prior to connection to Little Rock Wastewater system. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: A Capital Investment Charge is applicable to all connections off the waterline along Labelle Drive. All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 4 Arkansas Department of Heath Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of this facility, installation of an approved reduced pressure zoned backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. A water main extension will be needed to provide water service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. Fire Department: Place fire hydrants per code. A minimum access of 20-feet must be maintained. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is located on CATA Bus Route #3 – the Baptist Medical Center Route. Route #3 Baptist Medical Center directly serves this proposed development off Kanis Road. CATA encourages the development to provide walkable sidewalks with buffer and landscape to Kanis intersection along with a bus bench or shelter to promote residents to utilize the bus to access destinations in City and encourage their lifestyle with exercise. Parks and Recreation: No comment received. February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Transition (T) for this property. Transition is a land use plan designation that provides for an orderly transition between residential uses and other more intense uses. Transition was established to deal with areas, which contain zoned residential uses and nonconforming nonresidential uses. A Planned Zoning District is required unless the application conforms to the Design Overlay standards. Uses that may be considered are low-density multi-family residential and office uses if the proposals are compatible with quality of life in nearby residential areas. The applicant has applied for a rezoning from R-2, (Single-Family) & POD (Planned Office Development) to PDO (Planned Development Office) to allow for the construction of a 75 bed assisted living facility on the site. Master Street Plan: Kanis Road is a Minor Arterial and Lebelle Drive is a Collector. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An automatic irrigation system to water landscaped areas will be required. 3. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 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. 5. The property to the south and to the east are zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and eastern perimeters of the site. February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 6 G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Abry Smith and Mr. Jerry Kelso were present representing the request. Staff presented an overview stating there were a number of outstanding technical issues associated with the request. Staff stated the parking was indicated significantly less than the typical ordinance standard for a nursing home. Mr. Kelso stated the parking provided was based on the ordinance requirements for an elderly housing development. He stated the development was an assisted living facility and not a nursing home. Staff questioned if the hours of dumpster service would be limited to daylight hours. Staff questioned the proposed signage plan and details of any proposed fencing. Staff stated there were a number of issues raised by the adjoining residential area one of which was to not take access from Labelle Drive. Staff stated a number of the remaining issues raised by the residents would be addressed through the PD-O zoning. Public Works comments were addressed. Staff stated the driveway located on Labelle Drive was to be a minimum of 250-feet from the intersection of Kanis Road. Staff noted the right of way dedication for Kanis Road would be based on the new alignment of Kanis Road. Staff stated the City’s stormwater detention ordinance would apply to the development of the site. Mr. Kelso questioned if a service driveway would be allowed on Kanis Road. Staff stated the distances were sufficient to allow for a driveway on Kanis Road. Landscaping comments were addressed. Staff stated the areas set aside for buffers and landscaping did not appear to meet the minimum requirements of the buffer and landscape ordinance. Staff stated screening would be required along the southern and eastern perimeters were abutting residentially zoned property. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan addressing a number of issues raised at the January 25, 2012, Subdivision Committee meeting. The revised plan indicates an access service drive from Kanis Road, the right of way dedication for the new alignment for Kanis Road, provided details of the proposed signage plan and proposed fencing. Access will be from Labelle Drive. The applicant has stated the dumpster service hours will be limited to daylight hours. February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 7 The proposed rezoning includes 7.11 acres from expired POD and R-2, Single-family to PD-O. The proposed use of the property is a 75 bed assisted living facility. The facility will contain 25 studio units and 50 one-bedroom units, and is proposed as a Level II Assistance Living facility. The building is single story building which will contain resident rooms, common sitting area, dining area, recreation and activity area, beauty salon, fitness center, offices, kitchen, laundry and storage room. The site plan indicates the building coverage is 20.7 percent or 1.47 acres. The paving consists of 0.91 acres or 12.8 percent and the total open space and landscape area contains 4.73 acres or 66.5 percent. The current POD zoning has expired and an ordinance for the revocation will be forwarded to the Little Rock Board of Directors in conjunction with this application request. The underlying zoning for this property is R-2, Single-family. The site plan indicates the placement of 54 parking spaces to serve the 75-bed facility. There are seven (7) employees per shift. The applicant has indicated based on the number of employees and the percentage of tenants that would own cars they feel 37 parking spaces will be sufficient to serve the facility. The applicant has indicated the peak is at shift change which results in 14 employee parking spaces. They estimate five percent (5%) of the tenants will have automobiles or four (4) parking spaces and assuming a maximum of 25 percent have visitors at the same time 19 spaces would be required. The zoning ordinance allows a parking rate of 0.5 spaces per bed for elderly housing which results in 37 parking spaces. The site plan indicates the placement of a 24-foot landscape buffer along the western perimeter and a 100-foot landscape buffer along the southern perimeter. The street buffer on Labelle Drive is 25-feet and the street buffer along Kanis Road is a minimum of 40-feet. The site plan indicates the placement of a six (6) foot wood fence along the southern and eastern perimeters. A monument sign ill be placed at the entrance on Labelle Drive. The sign will comply with signage allowed in office zones or a maximum of six (6) feet in height and 64 square feet in area. Building signage will be limited to a maximum of ten (10) percent of the façade abutting the public street. Staff is supportive of the request. Labelle Drive is indicated on the City’s Master Street Plan as a collector street. The intent of the Master Street Plan is to allow Labelle Drive to connect with Dorchester Drive. The Land Use Plan shows Transition for this property. Transition is a land use plan designation that may include low-density multi-family residential and office uses. Staff feels the proposed use of the property as an assisted living facility is an appropriate use for this site. February 16, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8296-A 8 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the revocation of Ordinance No. 19,931 Trice Surgery Center Short-form POD and the restoration of the previously held R-2, Single-family zoning. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Jerry Kelso was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff stated the back of the proposed sidewalk was to be placed at the right-of-way line/property line and not at the back of curb. Staff also presented a recommendation of approval of the revocation of Ordinance No. 19,931 Trice Surgery Center Short-form POD and the restoration of the previously held R-2, Single-family zoning. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 7 FILE NO.: Z-8503-A NAME: The Pointe at Brodie Creek Revised Long-form PD-R and Land Alteration Variance Request LOCATION: Located at 3400 South Bowman Road DEVELOPER: The Pointe at Brodie Creek, LLC 9800 Maumelle Boulevard Maumelle, AR 72113 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 41.9 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Planned Development – Multi-family PROPOSED ZONING: Revised PD-R PROPOSED USE: Revision to PD-R to allow a portion of the northern land use buffer to be removed VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Ordinance to allow grading without imminent construction on adjacent property to the north BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 20,208 on January 5, 2010, which rezoned approximately 42 acres located near the northwest corner of West 36th Street and South Bowman Road from R-2, Single-family to PD-R. The approval allowed the construction of 480 units of multi-family housing at a density of 11.45 units per acre. The project included twenty (20) buildings with twenty-four (24) units per building. Garages, carports and a maintenance building were also included on the site plan. The site was to contain a wellness center and pool. The project was proposed as a gated community with a security fence around the perimeter. A variance from the Land February 16, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8503-A 2 Alteration Ordinance to allow advanced grading of Phase II with the construction of Phase I was approved by the Commission at their December 3, 2009, public hearing. The approval included a waiver of the stormwater detention ordinance requirements as well. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is now proposing to amend the previously approved PD-R to allow the elimination of a portion of the northern land use buffer. The request also includes a variance from the City’s Land Alteration Ordinance to advance grade (without imminent construction) along the northern property line on an adjacent property. The developer is requesting all other requirements and approvals from the previous approval remain. B. EXISTING CONDITIONS: Construction is currently underway for the first phase of the apartment development. This area of South Bowman Road contains primarily residential uses located on acreage. The property to the north is a 25+ acre parcel and is heavily wooded. There are single-family homes located south of this site and further south is a parcel zoned O-2, Office and Institutional District which also contains single-family homes. East, across South Bowman Road, is wooded property containing 50+ acres and is currently zoned R-2, Single-family. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an adjacent property owner. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Vegetation must be established on disturbed area within 21 days of completion of grading activities. 2. Maximum 3:1 slope is allowed by City code. 3. Written permission from the adjacent property to grade on his/her property must be provided. February 16, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8503-A 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements if sewer is required for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge is applicable to all connections off the waterlines along Bowman Road as well as the 24-inch. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. A water main extension will be needed to provide water service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. A 24-inch water line crosses this site within a 15-foot wide waterline easement on southwest side of the property. Care must be taken to protect the water line and any appurtenances, such as access and air release vaults, which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 15-foot waterline easement. Paved parking and driveways are allowed. Fire Department: Place fire hydrants per code. A minimum access of 20-feet must be maintained. There must be two entrances/exits from the development. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Although, the site is not located on a bus route, CATA encourages the development and entrances off Bowman to consider pedestrian friendly sidewalks with a landscape buffer to encourage multi-model options. February 16, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8503-A 4 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Medium Density (RM) for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The applicant has applied to revise the existing PDR (Planned Development Residential) to allow for the elimination of a portion of the land use buffer along the northern perimeter and advanced grading on an adjacent property in conjunction with the apartment development currently under construction on the site. Master Street Plan: Bowman Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road since it is a Minor 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 Bowman Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Submit a mitigation plan with the Seal of a Registered Landscape Architect for review. Recommendation of our native species Loblolly Pine saplings in addition to 2 ½” caliper hardwood mix. 2. Submit plans for watering the new vegetation until propagation and establishment. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Tim Daters of White-Daters and Associates was present representing the request. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the request was to revise the PD-R to allow grading on an adjacent property without imminent construction. Staff questioned if the area identified was the limits of the grading. Staff noted the land use buffer in the area would be removed. Staff requested Mr. Daters provide a replanting plan for the buffer area. February 16, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8503-A 5 Public Works comments were addressed. Staff requested Mr. Daters provide written permission from the adjacent property owner to allow grading on his/her property. Staff stated vegetation was to be established on the disturbed area within 21-days of completion of the grading activities. Landscape comments were addressed. Mr. Daters stated he would provide the mitigation plan, which would include planting of native species of trees including a mix of Loblolly Pines and hardwoods. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: Mr. Daters submitted a revised site plan indicating the proposed planting within the land use buffer. Mr. Daters has also provided a letter from a registered landscape architect outlining the proposed treatment of the buffer area. The request includes the elimination of a portion of the land use buffer along the northern perimeter and a variance from the City’s Land Alteration Ordinance to allow grading on an adjacent property without imminent construction. The applicant has indicated the adjoining property owner desires this area along with a portion of her property to be graded to eliminate the need for a retaining wall. The letter indicates approximately 22,000 square feet of the buffer will be cleared as a result of the land alteration variance request. According to the landscape architect the mitigation plan includes the planting of 30, 2 ½” caliper hardwood species at an average linear spacing of not less than 30 feet as specified in Section 15-96(a) of the City’s Landscape Ordinance. Additional 2 ½” caliper hardwood trees will be planted at a rate of one (1) per 750 square feet if the graded area exceeds 22,000 square feet. Hardwoods may include Oak (Quercus) and Maple (Acer) species. Additionally, 100 Loblolly Pine (Pinus taeda) seedlings will be planted at an average spacing of 15 feet. Additional Loblolly Pine (Pinus taeda) seedlings will be planted at a rate of one (1) per 225 square feet if the graded area exceeds 22,000 square feet. The applicant has indicated the previous approval stated all existing trees 3-inch caliper and larger within the 30-foot buffer along the north and south boundaries were to be protected with orange fencing installed around the drip-lines of the trees. The applicant has indicated should grading extend into the 30-foot buffer 2 ½” caliper hardwood species will be planted at one (1) tree per 750 square feet. Hardwoods may include Oak and Maple species. In addition Loblolly Pine seedlings will be planted at a rate of one (1) per 225 square feet. February 16, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8503-A 6 A temporary irrigation system will be installed within the areas that are disturbed by the grading operations. The irrigation system will be designed to distribute water at a rate of ¼” per day for a period of two (2) years. Staff is supportive of the request. Staff does not feel the variance request from the City’s Land Alteration Ordinance to allow advanced grading and the elimination of the land use buffer as proposed will significantly impact the development or the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from the City’s Land Alteration Ordinance to allow grading as proposed by the applicant without construction on the abutting property being imminent. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Tim Daters of White-Daters and Associates was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated February 14, 2012, requesting withdrawal of the item. Staff stated the withdrawal request would require a waiver of the Commission’s By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion of approval of the By-law waiver request. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 8 FILE NO.: Z-8631-A NAME: 3013 Fair Park Boulevard Revised Short-form POD LOCATION: Located at 3013 Fair Park Boulevard DEVELOPER: Phi Kappa Alpha Housing Corp of Little Rock 2230 Cottondale Lane Little Rock, AR 72202 ARCHITECT: RPPY Architects 713 West 2nd Street Little Rock, AR 72201 SURVEYOR: Marlar Engineering Company 5318 JFK Boulevard North Little Rock, AR 72218 James Farris PLS P.O. Box 1038 Conway, AR 72034 AREA: 0.415acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: POD and R-3, Single-family ALLOWED USES: Fraternity meeting space and single-family PROPOSED ZONING: PD-O PROPOSED USE: Fraternity meeting space and housing VARIANCES/WAIVERS REQUESTED: A variance from the Master Street Plan and the Subdivision Ordinance to allow driveways nearer the property lines than typically allowed. February 16, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8631-A 2 BACKGROUND: Ordinance No. 20,430 adopted by the Little Rock Board of Directors on May 17, 2011, established 3013 Fair Park Boulevard Short-form POD. The approval allowed the construction of a 1,500 square foot building to be used for meeting space for the Phi Kappa Alpha Fraternity. The site plan included the placement of six (6) parking spaces. The applicant proposed utilization of campus parking located across Fair Park Boulevard for additional parking. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to revise and expand the area of the previously approved POD. The site plan proposed allows for the construction of a two story, 8,961 square foot building (5,533 square feet ground level and 3,428 second level) and 14 parking spaces. Within the building there are six (6) two (2) bedroom units for a total occupancy of 12 residents. On the first floor of the building there is a library, tv-room, kitchen, restroom facilities, a great/multi-purpose room and three (3) residential units with two (2) bedrooms. The second level contains three (3) residential units with two (2) bedrooms and storage/attic space. The request includes a variance to allow the driveway locations, which do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The typical requirement for driveway spacing is 300 feet between driveways and 150 feet from property lines. The drives as presented do not meet this typical minimum requirement. B. EXISTING CONDITIONS: The property is a vacant boarded property located mid-block between West 30th and West 32nd Streets. The second structure does not appear to be occupied. This section of Fair Park Boulevard on the east side is primarily residential. The property on the west side of Fair Park Boulevard is primarily the University of Arkansas at Little Rock campus, with residential housing located immediately west of this site. South of the site on Fair Park Boulevard at West 32nd Street is a property zoned PD-O which was approved for the development of a Baptist Student Union. The area to the east is zoned R-3, Single-family and contains one and two family residences. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200-feet of the site along with February 16, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8631-A 3 the Fair Park Residents Neighborhood Association and the Curran Conway Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing requirements are 300 feet between driveways and 150 feet from property lines. Variances must be requested for the proposed driveway locations. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Analysis required for this project prior to connection to the Little Rock Wastewater System. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy requires the placement of a 15-foot easement along the sites perimeters. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Due to the nature of this facility, installation of an approved reduced pressure zone back flow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required they will be installed at the Developer’s expense. February 16, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8631-A 4 Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. Fire Department: Place fire hydrants per code. A minimum access of 20-feet must be maintained. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Route #16 UALR directly serves the project on Fair Park Boulevard. CATA encourages wide sidewalks with landscape buffer separating sidewalks from the street. Also CATA encourages the placement of bus bench or shelter at either driveway location to promote multi-model transportation, safer waiting and walking area, and to slow down vehicle traffic. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: 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 is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from PODO (Planned Office Development) and R-2 (Single-Family) to PDO (Planned Development Office) to allow for the construction of a fraternity home. Master Street Plan: Fair Park Boulevard is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Fair Park Boulevard since it is a Minor Arterial. This street 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. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. February 16, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8631-A 5 2. There are two parking spaces that encroach into the required buffer area and into the required landscape perimeter. Six foot nine inches (6’-9”) is the minimum distance allowed. 3. Fair Park is known for its large Oak Trees; it is highly recommend to save any of these on site as possible and to also plant back the same type species; larger caliper than required per the landscape ordinance. 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. 5. The property to the south and to the north are zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern and northern perimeters of the site. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Tim Yelvington of RPPY was present representing the request. Staff presented the item stating there were a few outstanding technical issues associated with the request. Staff stated the site area was larger and the building construction was larger than the previously approved site plan. Staff questioned the proposed signage plan, the height of the building and the hours of dumpster service. Staff noted all site lighting was to be low level and directional, directed downward and into the site. Public Works comments were addressed. Staff stated the driveway locations did not meet typical ordinance standards. Staff stated the drives as proposed would require a variance from Sections 30-43 and 31-210. Staff stated handicap ramps were required and the developer was to repair or replace any broken curb, gutter or sidewalk prior to the issuance of a certificate of occupancy. Landscaping comments were addressed. Staff stated the parking spaces located along Fair Park Boulevard encroached into the minimum landscape strip of six feet nine inches (6’9”). Staff stated the property to the south and north were zoned residentially and would require the placement of screening. Staff requested the applicant plant oak trees to blend with the existing canopy along Fair Park Boulevard. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. February 16, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8631-A 6 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the January 25, 2012, Subdivision Committee meeting. The revised plan has relocated the two (2) parking spaces along Fair Park Boulevard outside the 6-foot 9-inch landscape strip. The applicant has also provided staff with the proposed signage plan and the height of the building. The hours of dumpster service have not been provided but staff would recommend the hours be limited to daylight hours due to the proximity of single-family to the proposed dumpster site. The maximum building height proposed is 44-feet 1-inch. The site plan indicates a six (6) foot privacy fence will be placed along the northern, eastern and southern portions of the property. The site plan is proposed with the construction of a two story, 8,961 square foot building (5,533 square feet ground level and 3,428 second level) and 14 parking spaces. Within the building there are six (6) two (2) bedroom units for a total occupancy of 12 residents. Per the zoning ordinance, parking for a fraternity house is required at 0.5 spaces per sleeping accommodation. As indicated the structure is proposed for 12 occupants which would typically require the placement of six (6) parking spaces. According to the applicant they prefer to provide on-site parking for each of the residents and two additional spaces for guests. The facility will be used as meeting space for the Phi Kappa Alpha alumni as well as students. Additional parking will be provided on the UALR campus located across Fair Park Boulevard. The applicant has indicated a single ground sign not to exceed six (6) feet in height and 64 square feet in area will be placed within the front yard landscaped area. Building signage will comply with signage allowed in office zones or a maximum of ten percent (10%) of the front façade. The request includes a variance to allow the driveway locations which do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The ordinances typical requirement for driveway spacing is 300 feet between driveways and 150 feet from property lines. The drives as presented do not meet this typical minimum requirement. Both the northern and southern drives are located within a few feet of the property line. Staff is supportive of the request. The UALR Campus Master Plan indicates properties on the east side of Fair Park Boulevard between West 29th and West 32nd Streets to be redeveloped as Faith-Based Organizations and privately developed institution associated with the university. Staff feels the redevelopment as proposed and allowing a fraternity house for the Phi-Kappa February 16, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8631-A 7 Alpha fraternity meets the intent of the UALR Campus Master Plan with regard to redevelopment of this portion of Fair Park Boulevard. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the drives as indicated on the site plan. Staff recommends the hours of dumpster service be limited to daylight hours. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Tim Yelvington of RPPY was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff also presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the drives as indicated on the site plan. Staff presented a recommendation the hours of dumpster service be limited to daylight hours. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. February 16, 2012 ITEM NO.: 9 FILE NO.: Z-8741 NAME: Stagecoach Road Short-form PD-C LOCATION: Located in the 10800 Block of Stagecoach Road DEVELOPER: KHAQAM, Ken Bhatti 12 Sienna Lake Cove Little Rock, AR 72210 ENGINEER: Blaylock Threet Engineering, Inc. 1510 South Broadway Street Little Rock, AR 72202 AREA: 0.496 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Health Studio Spa VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to Planned Development Commercial to allow the construction of a new commercial building on this ½ acre site. The building is proposed as a one story, 60 by 53 foot building containing 3,180 square feet. The site plan indicates the placement of parking within the front yard area as well as behind the building. Within the front yard area there are 11 spaces and in the rear yard there are 10 parking spaces indicated. The applicant is requesting use of the building as a health studio or spa. No other uses are requested. February 16, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8741 2 B. EXISTING CONDITIONS: This area of Stagecoach Road contains residential, both single-family and multi-family, commercial and office uses. There is an auto salvage yard to the northeast. To the north is a multi lot development, which includes a carwash, strip commercial and mini-warehouse. There is also a property zoned PCD, which is expired, approved for a contractors office and storage yard. Northwest of the site is a small cemetery and an apartment development. East and west of the site are single-family homes. Stagecoach Road is currently under construction by the Arkansas State Highway Department for widening to four (4) lanes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational request from the Otter Creek Homeowners Association. All property owners located within 200-feet of the site along with the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Show the 100 year floodplain line on the site plan. 2. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 3. A grading permit in accordance with Section 29-186 (c) and (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. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: All Entergy lines require easements. Contact Entergy for additional information. Center-Point Energy: No comment received. February 16, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8741 3 AT & T: No comment. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional hydrant(s) are required they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions maybe required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. This work would be done at the expense of the developer. Due to the nature of this facility, installation of an approved reduced pressure zone back flow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: A minimum access of 20-feet must be maintained. Contact the Little Rock Fire Department for additional information County Planning: No comment. CATA: Approved as submitted. CATA will be providing more services to southwest Little Rock including Pulaski Tech Campus. It is possible Stagecoach Road will be utilized by the bus route, so CATA encourages development to incorporate a bus bench or shelter with lighting and landscape to promote and encourage multi-modal transportation. The new route will be implemented in 2012. Parks and Recreation: No comment received. February 16, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8741 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning from R-2 (Single-Family) to PD-C (Planned Development Commercial) to allow for the construction of a general retail structure. Master Street Plan: Stagecoach Road is a Principal Arterial. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Stagecoach 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 Stagecoach Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A thirteen-foot (13’) wide land use buffer is required to separate this proposed development from the residential property on the northern and southern, perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 3. A nine-foot (9’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western, perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 4. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern, southern, eastern, and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. February 16, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8741 5 6. The landscape ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 7. A small amount of building landscaping will be required. 8. 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. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Ken Bhatti, the owner, was present representing the request. Staff presented an overview of the development stating there were a number of technical issues associated with the site plan. Staff requested details of the proposed signage plan. Staff also stated any proposed fencing was to be located on the site plan along with a note indicating the construction material and total height. Staff questioned the proposed use of the building. Staff also requested the location of any proposed dumpster facilities. Public Works comments were addressed. Staff stated a grading permit would be required prior to any construction. Staff stated the site was located within the 100-year floodplain, which would require a special grading permit for flood hazard areas. Staff stated the minimum finished floor elevation should be set at one foot above the base flood elevation. Landscaping comments were addressed. Staff stated the driveways and building encroached into the minimum landscape strip of both the buffer and landscape ordinances. Staff stated a minimum landscape strip of 9-feet was required along the sites perimeters. Staff stated a minimum of 70 percent of this area was to remain undisturbed. Staff stated screening was required along the eastern and western perimeters where abutting residentially zoned property. Staff stated a minimum of eight percent (8%) of the paved area was to be landscape islands with a minimum area of 150 square feet. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the January 25, 2012, Subdivision Committee meeting. The revised plan indicates the buffers as required by the City’s Landscape and Buffer Ordinances. The applicant has provided staff with the proposed signage plan, February 16, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8741 6 the location of the proposed dumpster and indicated there will not be any fencing located on the site. The applicant is requesting a rezoning from R-2, Single-family to Planned Development Commercial (PD-C) to allow the construction of a 3,180 square foot building to be used as a health studio and spa. The applicant is requesting 24-hour, 7-day a week access for the site. There are no alternative uses being proposed for the site. The applicant is proposing the placement of building signage along the front façade of the structure limited to building signage allowed in commercial zones or a maximum of ten percent (10%) of the front façade. A single ground sign not to exceed 36-feet in height and 160 square feet in area is proposed within the front yard setback of Stagecoach Road. The site plan indicates the placement of a dumpster within the rear yard area. The applicant has not indicated screening of the proposed dumpster nor indicated if the hours of dumpster service would be limited to daylight hours. Per Section 36-523 Dumpsters or trash containment areas shall be screened and the screen shall exceed the height of the dumpster or trash containment area by at least two (2) feet not to exceed eight (8) feet total height. This requirement may be modified as to location within the buffer when a circumstance unique to a site indicates that the screening will not serve its intended purpose and may, in some fashion, be inappropriate. Staff feels the dumpster screening should be installed at this location due to the dumpster being visible from Stagecoach Road. As required by the Landscape and Buffer ordinances, the revised plan includes the placement of a nine (9) foot perimeter landscape strip on the eastern and western sides. A 13-foot street buffer has been indicated and a 13-foot rear yard buffer has been provided. The applicant has indicated building landscaping will be provided. The plan does not appear to include the placement of the eight percent (8%) paved areas as interior islands of at least 7 ½ feet in width and 150 square feet in area. Staff feels this minimum requirement should be met. The applicant is requesting to not place the required screening on the sites perimeters. The buffer ordinance requires screening be placed on the perimeters where a property abuts residentially zoned or used property. The ordinance allows for the screening to be vegetation, a fence or wall. Property to the east and west are residential uses. The property to the south is floodway. Staff feels the required screening should be included. Although staff is generally supportive of the request staff feels the development should adhere to the typical development standards of the landscape and buffer February 16, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8741 7 ordinances. Staff feels all proper screening and interior landscaping should be included on the site plan and be put in place with the proposed development. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had addressed their concerns related to the landscape and buffer ordinances. Staff stated a minimum of eight percent (8%) of the interior paved area would be landscaped as required by the City’s landscape ordinance. Staff stated the applicant had agreed to provide screening along the eastern, southern and western perimeters as required by the City’s buffer ordinance. Staff stated in addition the applicant would provide dumpster screening and limit the hours of dumpster service to daylight hours. Staff stated the applicant had also agreed to provide building landscaping as required by City ordinances. Staff stated to their knowledge there were no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. t7 0 W W F-- O z CO cn a a. LLJ i F- c� c 0 Q [Ti w ►o W cn U W CC r pol LU w Z i ui �0U) �C7 m m LU 0 C ELI d 0 F— Z -i� O L- U m = = F— z Q = >[if U-= z D >- C>: >q CE Q w Z Ld 0- Q 0 fY c� c 0 Q [Ti w ►o W cn U W CC r pol LU w Z i ui February 16, 2012 There being no further business before the Commission, the meeting was adjourned at 4:14 p.m. 12 Date Chairman Secretary