Loading...
HomeMy WebLinkAboutpc_05 10 2012sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD MAY 10, 2012 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being nine (9) members present. II. Members Present: Tom Brock Alan Bubbus William Changose Janet Dillon Rebecca Finney Keith Fountain Dan Harpool Obray Nunnley, Jr. Bill Rector Members Absent: J. T. Ferstl Amy Pierce City Attorney: Cindy Dawson III. Approval of the Minutes of the March 29, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA MAY 10, 2012 OLD BUSINESS: Item Number: File Number: Title: A. Z-8117-A 15924 Cantrell Road Short-form PD-O, located at 15924 Cantrell Road. B. Z-8753 Ludwig Place Apartments Short-form PD-R, located on the Southeast corner of Raymond Savage Drive (41st Street) and Ludwig Street. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-867-PPPPPPP Chenal Valley Phase 18G Revised Preliminary Plat, located on Chalamont Drive and Tournay Circle. II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 2. Z-4336-JJ 1021 MLK, Jr. Drive Short-form PCD, located at 1021 Martin Luther King, Jr. Drive. 3. Z-8301-C Ranch West Short-form PD-R, located at 6400 Patrick Country Road. 4. Z-8756 Ashcraft Short-form POD, located at 2019 Wright Avenue. 5. Z-8761 Hearne Short-form PCD, located at 1853 Ringo Street. Agenda, Page Two II. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 6. Z-8762 Luer Short-form PCD, located at 3400 – 3418 Baseline Road and 8820 Mize Road. 7. Z-8763 Estate of Lindsey East Short-form PCD, located at 101 North Woodrow Street. 8. Z-8764 Pulaski County Southwest Health Unit Short-form POD, located on the east side of Dailey Drive approximately 600 feet south of Baseline Road. 9. Z-8765 Lake Nixon Short-form PD-R, located at 18511 Cooper Orbit Road. III. Other Items: Item Number: File Number: Title: 10. LA-0044 Oak Meadow Drive Land Alteration Variance request, located west of Oak Meadow Drive and south of Parkside Drive. May 10, 2012 ITEM NO.: A 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. 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. 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. May 10, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 2 STAFF UPDATE: The applicant submitted a request dated March 14, 2012, requesting a deferral of this item to the May 10, 2012, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 14, 2012, requesting a deferral of the item to the May 10, 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 for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: This application was originally filed for the February 16, 2012, public hearing and was subsequently deferred to the March 29, 2012, public hearing. At the March 29, 2012, public hearing the item was deferred to the May 10, 2012, public hearing. The applicant submitted a request dated April 27, 2012, requesting a deferral of this item to the June 21, 2012, public hearing. Item E General Policies Item #9 of the Little Rock Planning Commission By-laws with regard to deferrals state: 9. All deferral shall be governed by the following: a. No application which as been docketed for public hearing and advertised for such hearing shall be deferred except for cause and with a written request five working days prior to the public hearing from the applicant. b. No single request for deferral shall be granted for more than ninety consecutive days, except by unanimous vote of all members present. c. In no case shall more than two requests for deferral from an applicant be granted. d. A third deferral of any public hearing item shall require renotification of property owners as set forth in Article IV. Such a request by the applicant May 10, 2012 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8117-A 3 shall be his cost to renotify. A third deferral by the Commission or as required by staff shall cause the City to bear the cost. e. In the public hearing, the Planning Commission may by its motion or at the request of the applicant for cause defer an application. The length of the deferral shall be specified by the Commission in the motions. The applicant has stated the third deferral is necessary to continue to work with the area neighbors and City staff. Staff has met the applicant on site on two different occasions and discussed possible alternatives for redevelopment of the site. The applicant has also kept the Tulley Cove Property Owners Association up to date on the proposal and possible alternatives for the site development. Staff is supportive of the deferral request subject to the applicant renotifying as set forth in Article IV, via certified mail. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the application was originally filed for the February 16, 2012, public hearing and was subsequently deferred to the March 29, 2012, public hearing. Staff stated at the March 29, 2012, public hearing the item was deferred to the May 10, 2012, public hearing. Staff stated the applicant had submitted a request dated April 27, 2012, requesting a deferral of the item to the June 21, 2012, public hearing. Staff stated a third deferral of the item would require the Planning Commission waive their By-laws to allow the deferral. Staff stated the applicant would be required to renotify property owners within 200-feet via certified mail of the new date and time of the public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver with regard to the number of deferral requests. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: B FILE NO.: Z-8753 NAME: Ludwig Place Apartments Short-form PD-R LOCATION: Located on the Southeast corner of Raymond Savage Drive (41st Street) and Ludwig Street DEVELOPER: Stanley Phillips 6204 Sandy Lane Little Rock, AR 72204 SURVEYOR: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 ARCHITECT: Kwendeche, AIA 2124 Rice Street Little Rock, AR 72202 AREA: 0.60 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential (4 lots 4 units) PROPOSED ZONING: PD-R PROPOSED USE: Multi-family 8 units VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A request to rezone the site from R-3, Single-family to PD-R for the placement of a single structure containing eight units was filed for the Commission’s March 29, 2012, public hearing. There was little support for the request from staff and the neighborhood. May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 2 The applicant chose to defer the item from the March 29, 2012, public hearing to the May 10, 2012, public hearing to allow the applicant to amend the request. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to place four buildings of duplex housing on four (4) platted lots. The units are proposed as single story buildings. The site plan includes the placement of a parking lot in the rear yard with access from Raymond Savage Drive. There are 14 spaces proposed within the parking lot. B. EXISTING CONDITIONS: There are a number of significant trees on the site but there are no structures remaining. The area is primarily residential but there is a church located across Ludwig Street from the proposed development. A number of new single-family homes have been constructed in this area in recent years. Along John Barrow Road there are residential and non-residential uses. Acts Church owns the property located at West 42nd Street and John Barrow Road. Across John Barrow Road is a rehabilitation facility and a property zoned POD which was approved for Acts Church to build their Little Rock facility but has not developed. Other uses in the area include a daycare center and a strip retail center in the 3800 Block of John Barrow Road. Adjacent to the site on Ludwig Street there is curb and gutter but no sidewalk. There is no curb, gutter or sidewalk along West 41st Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents and the John Barrow Neighborhood Association. All property owners located within 200-feet of the site and the John Barrow Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Ludwig Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 2. 41st Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Ludwig Street and 41st Street. May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 3 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to 41st Street including 5-foot sidewalks with the planned development. 5. Remove existing curb cuts on Ludwig Street. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. 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. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Entergy: Owner developer to pay any pole or line relocation cost if necessary. Contact Entergy for additional information. 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. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 4 additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted. The current fixed route system does not directly serve the area; however, within a few months a new established service will be provided on John Barrow Road. Contact CATA for additional information. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-3 (single family) to PDR (Planned District Residential) to allow for development of an eight-unit multifamily development. Master Street Plan: Raymond Savage and Ludwig Street are both Local Streets. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 5 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. The zoning buffer requires an eleven foot (11’) wide land use buffer along the northern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The zoning buffer requires a nine foot wide (9’) wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 4. The zoning buffer ordinance requires an average eleven foot (11’) wide street buffer along 41st Street. This area should in no case be less than nine foot (9’) in width. 5. The zoning buffer ordinance requires a nine foot (9’) wide street buffer along Ludwig Street. This area should in no case be less than nine foot (9’) in width. 6. 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 and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. 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. Proposed plan appears to be meeting this minimal requirement. 8. The landscape ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 9. The parking lot, back up area along the north can be reduced to five foot (5’) allowing for additional landscape and buffer area; revise. May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 6 10. It appears the section of sidewalk along the north could also be eliminated allowing for additional green space on the site while also reducing construction costs. 11. A water source is required within seventy-five foot (75’) of all landscaped areas. 12. Plan reflects the saving of on site trees. This is greatly appreciated by both the City of Little Rock and the City Beautiful Commission! 13. 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: (April 19, 2012) The applicant was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues in need of addressing related to the request. Public Works comments were addressed. Staff stated right of way dedication and radial dedications would be required on the abutting streets. Staff also stated the existing curb cuts on Ludwig Street should be removed with the proposed development. Staff stated a grading permit would be required prior to development of the site. Staff stated streetlights would be required and were to be installed prior to the issuance of a certificate of occupancy. Landscaping comments were addressed. Staff stated the site plan appeared to comply with the minimum standards of the buffer and landscape ordinance. Staff suggested the excess paving on the site side of the parking lot be removed and covered with grass. 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 issues raised at the April 19, 2012, Subdivision Committee meeting. The revised plan includes radial dedications as required by Public Works staff. The revised plan has also removed the paving on the southern portion of the parking lot and indicated the area as green space. May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 7 The site contains four (4) platted lots. The lots are currently vacant. One duplex is to be built on each lot. Each duplex is to be constructed to fit in with the predominate architectural style in the neighborhood. The structures will be one-story in height with pitched shingled roofs and horizontal siding exteriors. Placement of the structures will comply with the R-3, Single-family zoning setback requirements. The units will be placed a minimum of 25-feet from the front and rear yard property lines. A minimum side yard setback of five (5) feet is proposed. Each duplex structure is required to have 3 parking spaces; 1.5 space per dwelling unit or 12 parking spaces for this development. The proposal is to place 14 spaces in a parking lot behind the structures, with access from Raymond Savage Drive. The parking lot will comply with the minimum standards of the landscape ordinance. The site plan includes the placement of a six (6) foot fence along the eastern and northern perimeters. The units are proposed as single story units with a side relationship to Ludwig Street. The applicant has indicated there will not be a dumpster located on the site. Garage collection will be furnished by the City or by private contract. The development will not place any signage. To staff’s knowledge there are no outstanding issues. The neighborhood contains a variety of housing types and uses. These new residential units should be a positive addition to 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: (MARCH 29, 2012) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 23, 2012, requesting deferral of this item to the May 10, 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 for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 8 PLANNING COMMISSION ACTION: (MAY 10, 2012) Mr. Stanley Phillips and Kwendeche, AIA were present representing the request. There were a number of registered objectors present. Staff presented the item with a recommendation of approval. Kwendeche addressed the Commission stating he and his client desired to retain their time until after the opposition spoke. Ms. Musheerah Tharpe addressed the Commission in opposition of the request. She stated the development was an eight unit apartment development. She stated there were duplexes located in the 4500 Block of Ludwig Street but the area was much larger than this site. She stated the site would not have enough parking if each of the residents had a car and there were friends visiting. She stated the site was located across the street from her church and the placement of apartments across from the church was a concern. She stated the neighborhood had worked hard to clean up the area. She stated she did not want to add anything that would add additional crime to the area. Ms. Thelma Cole addressed the Commission in opposition of the request. She stated the neighborhood did not need any more problems. She stated the neighborhood had worked hard to rid themselves of problems and did not want to add any anything that would cause problems. Ms. Carolyn Heitman addressed the Commission in opposition of the request. She stated she was President of the John Barrow Neighborhood Association. She stated the Association had met with Kwendeche concerning the eight unit development. She stated no one had provided the Association with information concerning the duplex units. She stated it had taken six years to rid the neighborhood of a naissance. She stated the area had a great deal of foot traffic. She stated she understood from the developer’s stand point duplexes would generate more income than single-family homes. She stated the neighborhood desired the area to redevelop with single-family homes. She stated within the John Barrow Neighborhood Action Plan the neighborhood had stated no more multi-family developments in the area. Ms. Heitman stated the development was a multi-family development. She requested the Commission deny the request. Ms. Hattie Moore addressed the Commission in opposition of the request. She stated she had lived in the area since 1945 and had attended the church across the street for 64 years. She stated the residents and the church had worked hard to clean up the neighborhood and rid the area of undesirable people and crime. She stated she did not see the difference in the current proposal and the previous multi-family development. May 10, 2012 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8753 9 She stated the development was too intense for the site. She stated there were a number of senior citizens living in the area. She stated the residents did not want to be fearful of going outside to sit on their porch during the day or in the evenings. She requested the Commission oppose the request. Mr. Stanley Phillips addressed the Commission on the merits of his request. He stated he had previously offered the land to the church. He stated he had built duplexes on 45th and Ludwig Streets and did not have any problems with his tenants. He stated he screened his tenants and all had to have a verifiable job. He stated primarily he rented to women, families and senior citizens. He stated the site plan included ample parking to serve the development. He stated if a person was not on the lease they would not be staying there. He stated he felt the way to change a neighborhood was to invest in the neighborhood and get good quality people to move into a neighborhood. He stated he provided security at his units and there was ample lighting. He stated if there were any problems he would correct the problem immediately. The Commission questioned Mr. Phillips on his leasing practice and the rents anticipated. Mr. Phillips stated the rents were around $650.00 per month. He stated he used a standard lease agreement. He stated he did not rent to unmarried couples or young men. There was a general discussion by the Commission concerning the area and multi-family in the area. Commissioner Nunnley commented on the duplex units which were constructed a number of years ago on Tanya Drive. He stated he did not feel the placement of multi-family in an area that was on the verge of recovery was advantageous for the area. He stated the units could be sold and the next owner might not have the passion as the current developer did for the area. He stated he felt the development of the lots with single-family homes was more in concert with the neighborhood. A motion was made to approve the request including all staff recommendations and comments. The motion failed by a vote of 3 ayes, 6 noes and 2 absent. May 10, 2012 ITEM NO.: 1 FILE NO.: S-867-PPPPPPP NAME: Chenal Valley Phase 18G Revised Preliminary Plat LOCATION: Located on Chalamont Drive and Tournay Circle DEVELOPER: Deltic Timber 7 Chenal Club Circle Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.7 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.13 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-256 to allow a 15-foot platted building line for Lots 27 & 28 Block 68 and a 20-foot platted building line for Lots 19 - 26 Block 69. 2. A variance from the City’s Land Alteration Ordinance to allow advanced grading of selected lots within Blocks 68 and 69 with the installation of the roads, water and sewer. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a revision to the previously approved preliminary plat for a portion of Phase 18G Chenal Valley Subdivision. The request includes the allowance of a 15-foot platted building line for Lots 27 and 28 Block 68 and a 20-foot platted building line for Lots 19 – 26 Block 69. The applicant is also requesting a variance from the City’s Land Alteration Ordinance to allow May 10, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-PPPPPPP 2 advanced grading of Lots 23 – 29 Block 68. The applicant is requesting to clear and grade a multi-lot area where construction of the new homes is not imminent. The applicant proposes to serve Lots 19 – 26 Block 69 with an 18-foot rear private drive. The applicant has indicated garbage collection will be off the private drive. B. EXISTING CONDITIONS: The Phase I portion of the subdivision has developed and has been final platted. There are currently a number of new homes both completed and under construction. The Phase II portion of the subdivision is under construction. The area is developing with single-family homes as a part of the Chenal Valley Subdivision. There is an existing school to the east, Joe T Robinson School which contains a middle and high school on the same campus. There is an elementary school located along Cantrell Road near the intersection of Chalamont Drive with Cantrell Road on the northeast corner of Morgan Cemetery Road and Cantrell Road. 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 Coalition of West Little Rock Neighborhoods 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 where construction is not imminent. 2. Erosion controls must be installed to reduce discharge of polluted stormwater. 3. If the lots have not been final platted, 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. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. May 10, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-PPPPPPP 3 5. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. 6. 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. If collection services are desired, the private drive surface must be 20 feet in width and signed for no parking. 7. The northern radius of the alley should be designed and constructed for a B-40 vehicle (garbage truck). The plan should show the maneuvering track of the vehicle. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Contact Little Rock Wastewater for questions concerning this request or additional information. Entergy: Owner/developer to pay cost of any line/pole relocation. Contact Entergy for additional information. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. There must be two-ways to enter and exit the subdivision. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: There is no connectivity within the development. If Lot #29 wants to visit backyard neighbor at Lot #8, he must drive past 12 driveways first. Contact CATA for additional information. Parks and Recreation: No comment received. May 10, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-PPPPPPP 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Joe White of White-Daters and Associate was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff requested Mr. White provide a 10-foot no right of vehicular access easement along the front of Lots 19 – 26 Block 69. Public Works comments were discussed. Staff stated vegetation was to be reestablished on disturbed areas within 21-days of completion of grading activities. Staff stated repair of damage to the public and private streets due to hauling operations for development of the subdivision would be repaired by the developer. Staff stated the northern radius of the alley should be designed and constructed to allow a turning radius for large vehicles such as a garbage truck. 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 comments raised at the April 19, 2012, Subdivision Committee meeting. The revised plan includes the placement of a 10-foot no right of vehicular access easement along the street frontage for the lots proposed with a rear drive access. The revised plan has included a radius for the alley to allow for turning of a large vehicle such as a garbage truck. The request is a revision to a previously approved preliminary plat for a portion of Phase 18G of the Chenal Valley Subdivision. The request includes a variance to allow a 15-foot front platted building line for Lots 27 and 28 Block 68 and a 20-foot front platted building line for Lots 19 – 26 Block 69. The applicant has indicated due to the topography of the lots the reduced building line is necessary to allow the new homes to be constructed. The applicant proposes to serve Lots 19 – 26 Block 69 with an 18-foot rear private drive. The applicant has indicated garbage collection will be off the private drive. The plat includes the placement of a 10-foot no right of vehicle access along these lots to eliminate the placement of driveways on Tournay May 10, 2012 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-867-PPPPPPP 5 Circle. The applicant has indicated the grade of the drives if placed on Tournay Circle would be so significant entering and exiting the driveways would be difficult. The request also includes a variance from the City’s Land Alteration Ordinance to allow advanced grading of Lots 23 – 29 Block 68. The applicant is requesting to clear and grade a multi-lot area where construction of the new homes is not imminent. The applicant has indicated all vegetation will be reestablished per the City’s Land Alteration Ordinance. 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 to allow a 15-foot front platted building line for Lots 27 and 28 Block 68 and a 20-foot front platted building line for Lots 19 – 26 Block 69. 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: (MAY 10, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had failed to notify property owners as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the June 21, 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 on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 2 FILE NO.: Z-4336-JJ NAME: 1021 MLK, Jr. Drive Short-form PCD LOCATION: Located at 1021 Martin Luther King, Jr. Drive DEVELOPER: Arkansas Children’s Hospital Nolan Rushing, Agent P.O. Box 3546 Little Rock, AR 72203 Vijay Gondhalekar 14309 St. Michael Drive Little Rock, AR 72211 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.861 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-2 and R-4 ALLOWED USES: Office and Institutional and Two-family PROPOSED ZONING: PCD PROPOSED USE: Office and Commercial VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated April 25, 2012, requesting a deferral of this item to the June 21, 2012, public hearing. Staff is supportive of the deferral request. May 10, 2012 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: Z-4336-JJ 2 PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was not present. There were no registered objectors present. Staff stated the applicant had submitted a request dated May 7, 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 for approval of the By-law waiver with regard to the late withdrawal request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 3 FILE NO.: Z-8301-C NAME: Ranch West Short-form PD-R LOCATION: Located at 6400 Patrick Country Road DEVELOPER: CJ Pace, LLC 100 Buckland Place Little Rock, AR 72223 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 15.65 acres NUMBER OF LOTS: 70 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PD-R PROPOSED USE: 70-single-family residential lots VARIANCES/WAIVERS REQUESTED: None requested. Staff recommends deferral of this item to the June 7, 2012, public hearing to allow the applicant to file and allow this item to be heard with a Master Street Plan Amendment to relocate a proposed collector street from Patrick Country Road to Valley Ranch Drive and a right of way abandonment request for Patrick Country Road. PLANNING COMMISSION ACTION: (MAY 10, 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 June 7, 2012, public hearing to allow the applicant to file and allow this item to be heard with a Master May 10, 2012 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8301-C 2 Street Plan Amendment to relocate a proposed collector street from Patrick Country Road to Valley Ranch Drive and a right of way abandonment request for Patrick Country Road. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 4 FILE NO.: Z-8756 NAME: Ashcraft Short-form POD LOCATION: Located at 2019 Wright Avenue DEVELOPER: River City Community Services Mike Ashcraft P.O. Box 1534 North Little Rock, AR 72115 SURVEYOR: Kittler-Roberts Group, LLP 3906 Highway 5 North Bryant, AR 72002 AREA: 0.13 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family PROPOSED ZONING: POD PROPOSED USE: Group home, Office, Food pantry, Educational classes VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-3, Single-family to Planned Office Development (POD) to use the existing duplex located at 2019 Wright Avenue as a group home and counseling center. The applicant has indicated the upstairs unit will be used to house up to nine (9) unrelated disabled individuals including a case worker. The downstairs unit will be used as an office and food pantry. The food pantry service will be offered on Tuesday and Thursday. Sobriety and substance abuse classes will be held on Wednesday and Friday. The classes will hold between ten (10) and twelve (12) persons. A schedule will be provided to clients for them to come at a designated time. Twenty (20) persons will be May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 2 served a week. The food pantry will service a maximum of fifty (50) persons per week and between 1,250 and 2,500 per year. B. EXISTING CONDITIONS: The structure on the site is an occupied duplex. There is a graveled driveway extending from the alley located east of the site, across an adjacent lot, to the rear yard of this unit. There is also a graveled area on the adjacent lot (to the east) which is being used by the occupants of the duplex for parking. The applicant recently purchased this lot and a quitclaim deed was filed on April 25, 2012. This area contains a mixture of one and two family residences. There is a boarded single-family home on the southwest corner of Park and West 19th Streets and a boarded single-family home on the northwest corner of Wright Avenue and South Schiller Street. Two blocks west of the site begins a commercial area fronting Wright Avenue which has a number of retail and office uses. The primary zoning of the area is C-3, General Commercial District. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls and a number stating opposition to the proposed request. All property owners located within 200-feet of the site, the Wright Avenue and Central High Neighborhood Associations were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Wright Avenue is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 30 feet from centerline will be required. Show the right-of-way centerline on the survey. 2. The wood retaining wall is in disrepair and has collapsed on the sidewalk. The retaining wall should be repaired and all debris moved off the sidewalk. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. If preparing food in a commercial kitchen a grease trap may be required. Contact Little Rock Wastewater Utility for additional information. Entergy: Approved as submitted. May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 3 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. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment received. CATA: The site is located on CATA Bus Route #16 – the UALR Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 4 garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-4 (Two Family District) to POD (Planned Office District) to allow for the development of outreach and living facilities for the recovering ‘substance abusers’ on this site. Master Street Plan: Wright Avenue 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 Wright Avenue 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 Lanes is shown along Wright Avenue. 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. Landscaping will be required per Chapter 15 of the City of Little Rock Code of Ordinances with the addition of a parking lot. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Mike Ashcraft was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff stated until the parking was addressed they felt the item should be not be moved forward to the Commission. Mr. Ashcraft stated there was a recorded easement on the southern boundary of the property to the east allowing access to the rear yard of the duplex. Staff requested Mr. Ashcraft have the survey revised to indicate the easement. Staff also questioned the total square footage of the structure, the total square footage of the bedrooms and if the kitchen would be removed from the upstairs unit. Staff also questioned the total square footage proposed for the food pantry and the office/meeting space. Public Works comments were addressed. Staff stated a dedication of right of way to 30-feet from centerline would be required. Staff also stated a wooden retaining wall had collapsed on the sidewalk. Staff stated the retaining wall was to be repaired and all debris was to be moved off the sidewalk. May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 5 Landscaping comments were addressed. Staff stated with the addition of parking in the rear yard area landscaping would be required. Staff stated the ordinance typically required parking areas to be constructed of a hard surface material. Staff stated if the request included something other than paving the applicant should include the alternate to paving in the request. Staff stated a landscape strip of 6-feet 9-inches was required around the perimeters of the paved area. 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 and cover letter addressing issues raised at the April 19, 2012, Subdivision Committee meeting. The applicant has purchased the adjacent lot to the east and the survey has been revised to include the new lot, the graveled drive to the rear of the duplex structure and the graveled parking located on this eastern lot. The applicant has also provided staff with the square footage of the structure, the square footage of each unit and the square footage of the bedrooms. The applicant is requesting a two (2) to three (3) year deferral of the required paving for the parking area. The existing graveled area is 50-feet long and extends to the alley located along the eastern perimeter of the lot. This would allow for five vehicles to park. The applicant is not proposing to park in the rear yard area of the duplex. The applicant is requesting a rezoning from R-3, Single-family to Planned Office Development (POD) to use the existing duplex located at 2019 Wright Avenue as a group home, counseling center and food pantry. The upstairs unit is proposed as a group home for up to eight (8) male persons which are unrelated and disabled recovering from substance and alcohol abuse. There is also a case worker which will live on site for a total of nine (9) persons. The downstairs unit will be used as an office, meeting space and food pantry. There will not be commercial cooking taking place within the structure. The residents will prepare their own meals within the upstairs portion of the structure. Typically group homes are addressed by the Commission as a Special Use Permit. The addition of the food pantry service and the counseling center for individuals outside the group home requires the property to be rezoned, in this case, to a Planned Office District. The food pantry service will be offered on Tuesday and Thursday. Sobriety and substance abuse classes will be held on Wednesday and Friday. The classes will hold between ten (10) and twelve (12) persons. The classes will be at a designated time. Twenty (20) persons will be served a week. The food pantry May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 6 will service a maximum of fifty (50) persons per week and between 1,250 and 2,500 per year. The applicant notes that counseling and/or meetings will take place on the site in the downstairs portion of the duplex unit for residents and other persons coming from off-site. The applicant anticipates very few of the residents will have vehicles. Within the downstairs portion of the structure an existing bedroom will be used as the counseling area. The living room portion of the structure will be used as the office/administration. The second bedroom will be used as a private office area. The food pantry will occupy a portion of the existing kitchen area. The food pantry is proposed as an 8-foot by 11-foot area. Following is the definition of a group home as found in Section 36-3 of the City’s Zoning Ordinance: “Group home means a facility that does not fall within another defined facility category within this section and which provides housing in a family-like environment to more than four (4) handicapped individuals. This use is permitted only as a special use as designated in this chapter.” The applicant notes that the total area of the second floor of the duplex is 1,208 square feet. The applicant proposes to house the residents in two (2) bedrooms as follows: Bedroom 1 – 171 square feet Bedroom 2 – 148 square feet Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 9 persons is 950 square feet. As noted earlier the residential unit contains 1,208 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant for a total of 470 square feet of bedroom space (319 square feet provided). The occupancy for the bedrooms as proposed does not conform to the ordinance requirement. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 7 (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 8 applicable licensing and procedural requirements established by the State of Arkansas. The site is located on CATA Bus Route #16 – the UALR Route, which runs along Wright Avenue. The applicant has indicated few of the individuals will have their own cars. The applicant is proposing to purchase one (1) 15-passanger van initially and a second in the future. An area survey conducted by staff revealed only two (2) other living facility within 1,500 feet of this property. Arkansas Baptist College has a residential hall located at the southeast corner of 17th and Bishop Streets. The facility will accommodate 350 residents. The school is proposing the construction of a new residential hall within the next few months and the “old” residential hall located at 16th and Bishop Streets will accommodate 135 residents. Gyst House is located at 1908 South Park Street. There are four (4) ladies and eight (8) men housed at this site. There are no other group home-type uses within this neighborhood to staff’s knowledge. The fire marshal is reviewing the structure to determine compatibility of the structure for the proposed use. Staff is not supportive of the request. Staff feels the use of the property for group counseling of not only persons living on site but transporting persons to the facility for counseling will generate a significant amount of traffic. Also the food pantry within the development will potentially generate a number of vehicles to the site accessing this service. There are five (5) parking spaces located on the site. The applicant has indicated in the future there will be two (2) vehicles for transporting clients located at the site. Based on the existing parking staff does not feel parking will be adequate to serve the residence and the potential clients of the development. In addition the applicant is requesting not to construct the parking area to minimum development standards. An additional concern is the structure does not contain adequate square footage within the bedrooms to house the number of persons the applicant intends to serve. Staff does not feel the rezoning is appropriate for the development as proposed. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 10, 2012) Mr. Mike Ashcraft was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. May 10, 2012 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-8756 9 Mr. Ashcraft addressed the Commission stating he would yield his time to the opposition. Ward 1 City Director Erma Hendrix addressed the Commission in opposition of the request. She stated she was representing Ms. Sheila Miles of the Wright Avenue Neighborhood Association and Ms. Joyce Matthews of the Central High Neighborhood Association. She stated both ladies were working and could not be present at the meeting. She stated the area was a historic area and the residents wanted to retain the historic character. She stated Mr. Ashcraft had attended the Central High Neighborhood Association meeting and presented his plan to the attendees. She stated there was no support from those present for the placement of the rehab facility at this site. She stated the area had a number of facilities similar to the proposed use already in the area. She stated the placement of the use in the neighborhood would not be an enhancement to the area but would deter future redevelopment. She requested the Commission deny the request. Mr. Kenneth Craig addressed the Commission in opposition of the request. He stated his home was located behind the existing duplex. He stated the duplex had a history as a drug house and only recently had the occupants moved out. He stated the area proposed for parking was an emergency access. He stated the lot on each side of the duplex was owned by someone other than Mr. Ashcraft. He stated he did not feel bringing men into the neighborhood for drug counseling would be beneficial to the neighborhood. He stated his granddaughters played in the back yard of his home and he was concerned if the site was used as a rehab house for men he feared for the safety of his granddaughters. He requested the Commission deny the request. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated based on the lack of bedroom space square footage and the lack of parking the Commission should not approve the request. She stated the use of the site for counseling of person not living on site and the food pantry would potentially generate a great deal of traffic into the area and to a site which could not park the potential cars in the parking available. She requested the Commission deny the request. The Commission questioned if Mr. Ashcraft desired to addressed the Commission or rebut any statements made. Mr. Ashcraft requested the Commission vote on the request. A motion was made to approve the request subject to compliance with all staff recommendations and comments except that of denial. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. May 10, 2012 ITEM NO.: 5 FILE NO.: Z-8761 NAME: Hearne Short-form PCD LOCATION: Located at 1853 Ringo Street DEVELOPER: Gus Design Coop 1007 McMath Avenue Little Rock, AR 72202 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.19 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-4, Two-family ALLOWED USES: Single-family and Two-family PROPOSED ZONING: PCD PROPOSED USE: Administrative Office and Garden Center VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On March 28, 2011, the Zoning Board of Adjustment approved a variance request to allow the construction of a new residence with reduced setbacks and reduced off-street parking for the eastern portion of this lot. The lot contained 2,640 square feet and the former house had been removed leaving a gravel covered lot. The new home was not constructed and the graveled area remains. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from R-4, Two-family to Planned Commercial Development (PCD) to allow the use of this existing building as administrative office space for the adjacent Hearne Fine Arts art gallery and frame making May 10, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8761 2 business. The structure will be renovated to accommodate four (4) to five (5) offices. The intention is this office space will be used as overflow from the adjacent commercial building, which is under the same ownership. The auxiliary building, frame garage, will be used as a garden center/small business and retail space for landscaping material. The garden will be used as an exhibit space. The site plan includes the placement of parking on a vacant lot between this structure and the adjacent art gallery. The parking area will be sustainably designed, with permeable parking spaces. The exact material has not been determined however the material will meet green building standards. B. EXISTING CONDITIONS: The site contains a two-story single-family residence fronting Ringo Street with a detached garage located on Wright Avenue. A fence was recently installed on-top of a rock wall which is in the side yard also on Wright Avenue. The lot to the west proposed for the new parking area was graveled in the past but has not been maintained. The property to the east is a building zoned PCD containing Hearn Fine Arts Gallery, a coffee shop and a medical office. Southeast of the site is a house zoned PD-C which is being used as a rug cleaning business. To the west and south are single-family homes. North of the site is a library and an elementary school. Further east of the site, across South Chester Street, is a church and auto repair. 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, the Central High Neighborhood Association, the Downtown Neighborhood Association and the Wright Avenue Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Wright Avenue is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 30 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Wright Avenue and South Ringo Street. 3. Handicap ramp is required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan to be installed at South Ringo Street to cross Wright Avenue. May 10, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8761 3 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. 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. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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. Fire Department: Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #16 – the UALR Route. Parks and Recreation: No comment received. May 10, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8761 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-4 (Two-Family District) to PCD (Planned Commercial District) to allow for conversion of this structure to office uses, retail and a garden retail center. Master Street Plan: Wright Avenue is a Minor Arterial and South Ringo Street is a Local Street. 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 Wright Avenue since it is a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes is shown along Wright Avenue. 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. The zoning buffer ordinance requires a nine foot (9’) wide land use buffer along the southern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 3. The zoning buffer ordinance requires a nine foot (9’) wide land use buffer along the eastern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area must remain undisturbed. 4. The landscape ordinance requires a nine foot (9’) wide landscape strip around the sites entirety. A variance from this ordinance requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. May 10, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8761 5 5. The northern most parking spaces need to be eliminated to meet both the Street Buffer Zoning Ordinance and the Landscape Ordinance. 6. The back up area for the parking lot can be reduced. Currently, it is running all the way to the residential property line along the North; this can be reduced to five (5’) foot in width and function. 7. 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 and eastern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 8. A water source is required within seventy-five feet (75’) of all landscaped areas. 9. 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: (April 19, 2012) The applicant was not present representing the request. Staff presented an overview of the development stating they would work with the applicant to resolve any outstanding technical issues associated with the request. 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 cover letter and site plan addressing a number of the issues raised at the April 19, 2012, Subdivision Committee meeting. The request is a rezoning from R-4, Two-family to Planned Commercial Development (PCD) to allow the use of this existing two (2) story single-family residence as administrative office space for the adjacent Hearne Fine Arts art gallery and frame making business. This structure will be renovated to accommodate four (4) to five (5) administrative offices and meeting space. The intention is this office space will be used as overflow office space from the adjacent art gallery, which is under the same ownership. In addition the garage/auxiliary building will be used as a garden center/small business and retail space for landscaping material. The site will contain areas of exhibit garden space. There are exhibit garden plots proposed in the front and side yard of the structure and in the rear yard. A small amount of plant material May 10, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8761 6 will be available on-site for cash and carry. The plant material will be for sale within a fenced area which is 15-foot by 15-foot and a second 10-foot by 15-foot area on Wright Avenue. The fenced areas are existing. The fencing appears to be six (6) feet in height. The applicant has indicated there will not be any sod, mulch, fertilizer or bulk type materials on the site. The applicant intends to provide educational information to customers of the benefits of recycling, composting and planting native plants to limit the need for watering. The site plan includes the placement of parking on a graveled lot between this structure and the adjacent art gallery/strip center. The site plan includes the placement of four (4) parking spaces. A note on the site plan indicates additional parking is available on the adjacent site on evenings and weekends. The parking area is proposed as a sustainable parking lot. The driveway aprons and drive isles will be concrete and the parking spaces will be constructed with a permeable material. The exact material has not been determined however the material will meet green building standards. The site plan indicates the southern perimeter will be planted with an evergreen screen. The site plan indicates the street buffer and perimeter landscape strips consistent with the typical standards of the buffer and landscape ordinances. The request does not include signage to serve the development. No ground signage or building signage is a part of the application request. The applicant has indicated a dumpster will be shared with the property to the east which is under the same ownership. The applicant has indicated the office employees will continue to park on the adjacent lot associated with Hearn Art Gallery. With the office employees not using the four (4) spaces on this lot it will leave on-site parking available for customers of the garden center. The applicant has indicated the garden center will most likely not be open on a daily basis. The applicant anticipates being open on Friday and Saturday and the remainder of the time by appointment. The site is proposed as an exhibit garden with limited plant material for sale. The applicant has indicated in addition to sales and display gardens the site will be used for educational purposes to teach customers the benefits of recycling and composting. The applicant has also indicated the garden center will stress the importance of plants and tress and the positive impacts plants and trees have on the environment. The applicant has stated there will not be bulk material such as mulch, sod, fertilizer or compost. All the plant material for sale will be located within the fenced area or within the garage/auxiliary building. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff May 10, 2012 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-8761 7 feels the rezoning to allow the use of this property as administrative offices for Hearn Fine Arts art gallery and frame making business, only, and the use of the site as a garden center as outlined above should not significantly 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. There is not be no outdoor storage of plants. All plant materials for sale will be located within the two (2) existing fenced areas or within the garage/auxiliary building. There is to be no bulk material available for sale from this site including but not limited to mulch, fertilizer, compost material, sod grasses. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present. 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 there was to be no outdoor storage of plants and all plant materials for sale were to be located within the two (2) existing fenced areas or within the garage/auxiliary building. Staff stated there is to be no bulk material available for sale from this site including but not limited to mulch, fertilizer, compost material, sod grasses. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 6 FILE NO.: Z-8762 NAME: Luer Short-form PCD LOCATION: Located at 3400 – 3418 Baseline Road and 8820 Mize Road DEVELOPER: Jon Luer 28 Club Manor Drive Maumelle, AR 72113 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.24 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Tire store, Appliance sales and repair, Fitness center, Daycare center, Mixed Office and Retail, General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The 2.24 acre tract located at the northwest corner of Baseline and Mize Roads contains two (2) non-residential buildings, two (2) single-family residential structures and a host of small accessory structures. The site is non-conforming in that it was developed prior to annexation. Each of the two (2) non-residential buildings is approximately 4,080 square feet in size. One building (Building 1) contains a tire shop. The second building (Building 2) is divided into two (2) bays. One (1) bay is currently vacant and the second currently house an appliance repair shop. The business occupied the structure prior to receiving proper zoning approval. May 10, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8762 2 The applicant is requesting approval of PCD zoning to recognize the existing tire shop, to allow the appliance repair and to allow a variety of alternative uses in either of the non-residential buildings. The two (2) residential structures will continue to remain as single-family residential. B. EXISTING CONDITIONS: There are a number of buildings on the site containing both residential and non-residential uses. The building on the corner of Mize and Baseline Roads has been divided into two (2) bays. One (1) of the bays is currently occupied by an appliance repair shop. There are a number of appliances located outside the building and the owner was repairing an appliance outside on the day of the site visit. The other bay appears to be vacant. There is also a tire store located on the property with two driveways extending from Baseline Road. There are waste tires being stored outside the building along the eastern side of the building. There are two single-family homes located on the site. One is located on Baseline Road and the second is on Mize Road. Other uses in the area include a church across Baseline Road to the south. An empty retail building is located to the southwest and a multi-family development is located to the southeast. North of the site is a single-family neighborhood. Across Mize Road is a property zoned PCD which was approved for neighborhood commercial uses. Baseline Road has been constructed with curb, gutter and sidewalk. Mize Road is an unimproved street with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, Southwest Little Rock United for Progress and the Upper Baseline Neighborhood Association were notified of the request. May 10, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8762 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A subject property lies within the 100 year floodplain of Little Fourche Creek. Any construction of a new structure must be built in compliance with the Little Rock Floodplain Code. The finished floor of the new structure must be elevated to at least one (1) foot above the base flood elevation (257'). An expansion or remodeling of an existing structure that exceeds 50% of the market value of the existing structure must comply with the Little Rock Floodplain Code. Specifically the finished floor of the entire structure must be raised to at least one (1) foot above the base flood elevation (257'). If the expansion of an existing structure does not exceed 50% of the market value of the existing structure, the expansion must comply with the Little Rock Floodplain Code. Specifically the finished floor of the expansion must be raised to at least one (1) foot above the base flood elevation (257'). If the existing structures is only improved and does not exceed 50% of the market value of the existing structure, the improved structure does not have to comply with the Little Rock Floodplain Code. 2. If the site further develops, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Mize Road including 5-foot sidewalk with the planned development. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Mize Road and Baseline Road. 4. Only one curb cut is allowed of Baseline Road. The remaining curb cut should be removed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 30-foot easements is required along Baseline Road to accommodate a 3-phase overhead power line. Contact Entergy for additional information. 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. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities May 10, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8762 4 that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs East 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 District) to PCD (Planned Commercial District) to allow for various retail uses on this already developed site. Master Street Plan: Baseline Road is a Principal Arterial and Mize Road is a Local Street. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline Road. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. May 10, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8762 5 A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lanes is shown along Baseline 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. If/when rehabilitation of any of the structures is requested; each building will need to come into compliancy with both the zoning buffer ordinance and the Landscape Ordinance. 3. Any/all new parking will include the addition of landscaping. 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. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Jon Luer was present representing the request. Staff presented an overview of the development stating there were a number of outstanding questions related to the site plan and proposed use of the property in need of addressing prior to the Commission acting on the request. Staff stated they were unclear on the proposed use of the property and if there were any alternative uses being proposed. Staff questioned any upgrades to the site including landscaping and building renovations. Staff also questioned any proposed signage including ground and building signage. Public Works comments were addressed. Staff stated the property was located within the 100-year flood plan. Staff stated if any upgrades were made to the building they should be constructed consistent with the City’s Floodplain Code. Staff also stated additional construction could require the installation of additional paving along Mize Road. Landscaping comments were addressed. Staff stated any new parking would require the addition of landscaping. Staff stated as each building was redeveloped the site was to come into compliance with the City’s landscape and buffer ordinances. May 10, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8762 6 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 cover letter to staff addressing few of the outstanding technical issues associated with the request. The applicant has indicated the proposed use of the property will include a tire store, appliance sales and repair, fitness center, daycare center, general and professional office and mixed office and retail. The days and hours of operation are seven (7) days per week from 7 am to 9 pm. The applicant has indicated a single ground sign will be utilized. There is an existing 12-foot pole located along Baseline Road which will be topped with a sign. The applicant has not indicated the total sign area proposed for the ground signage. Building signage is proposed on the facades with street frontage for the non-residential buildings. The signage will comply with the typical standards of the zoning ordinance for wall signage allowed in commercial zones. The applicant has indicated landscaping will be added along the west side of the eastern building (Building 2). The bed is proposed 20-feet in length extending along side the building turning to the west and extending 20-feet in length. The bed is proposed seven (7) feet in width. A second bed is proposed along the east side of the tire shop. The bed is proposed as 7-feet wide by 10-feet in length. There are currently three drives accessing the site from Baseline Road. Access to the commercial area from Mize Road is also available since there is not curb or sidewalk and the edge of pavement extends to the street. Staff recommends one of the drives from Baseline Road be removed and access from Mize Road be disconnected. The eastern building is setback approximately 25-feet from Baseline Road. The applicant has stated the drives on Baseline Road and access from Mize Road is necessary to allow for traffic to maneuver on the site. There is not a defined parking area on the site. Currently automobiles parallel park in front of the building and enter and exit onto Mize Road or use the eastern most driveway on Baseline Road. There is not adequate area for parking and maneuvering in front of the building without utilizing both existing drives. Although not striped or clearly defined there appears to be ample parking in front of the tire store. The two homes located on the site are proposed to remain residential. Staff is not supportive of the request. The applicant is proposing limited site upgrades/improvements with the rezoning request. Based on the overall site and May 10, 2012 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-8762 7 the limited parking available staff does not feel a number of the uses proposed can be adequately served by the available parking. These two (2) buildings were constructed as non-residential buildings prior to the area being annexed into the City and the widening of Baseline Road. The widening has limited the parking available in front of the building located at 3400 Baseline Road. The applicant is not proposing to remove the driveway from Baseline Road nor limit access from Mize Road. This area contains a number of residential uses including a single-family neighborhood to the north and a multi-family complex to the southeast. Although the site has a history of non-residential uses staff does not feel the request as proposed is appropriate. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the June 21, 2012, public hearing. Staff stated the deferral was necessary to allow staff additional time to review the existing non-conforming status. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 7 FILE NO.: Z-8763 NAME: Estate of Lindsey East Short-form PCD LOCATION: Located at 101 North Woodrow Street DEVELOPER: Michael McLeod Executor 210 Linwood Court Little Rock, AR 72204 SURVEYOR: Central Arkansas Surveying Scott Foster 15825 Childress Road Bauxite, AR 72011 AREA: 0.17 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: C-3, General Commercial District and One and Two-family VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: An application was filed by the property owners for the March 30, 2009, Zoning Board of Adjustment public hearing to allow a parking variance. Staff reviewed the application prior to the item being legal advertised for the meeting date and determined a parking variance was not necessary. Staff determined the site would receive credit for five (5) spaces in front of the property, along Woodrow Street, as per the Hillcrest DOD. Staff also determined six (6) to eight (8) vehicles could be parked in the rear yard area, which had been used as a non-conforming gravel parking area for a number of years. May 10, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8763 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from C-3, General Commercial District to PCD to allow the site to be used as a C-3, General Commercial District use, One and Two- family and a combination of commercial and residential. The property contains an existing duplex with parking in the rear yard area. The site has a history of residential and non-residential uses. One side of the duplex has been renovated and the kitchen has been removed. No new construction is proposed with the reuse of the property. The applicant has indicated interior renovations are possible should the new owner desire to use the property in a configuration other than currently exist. The property is located within the Hillcrest Design Overlay District. The applicant has indicated all signage will comply with the typical standards of the DOD. B. EXISTING CONDITIONS: The property contains a two story structure which was constructed as a duplex but has a history of non-residential use. The site was zoned commercial in 1937. According to the applicant one side has been renovated and the kitchen has been removed from the unit. The rear yard is paved for parking with access from the alley. The site is located within the Hillcrest Design Overlay District which allows street parking to serve as required parking at one (1) space per linear foot of street frontage. Across Woodrow Street is a multi-family development and east of the site is the Arkansas Services for the Blind. Within the area there are a number of office and retail uses. West of the site is the Capitol View/Stifft Station commercial area. Southeast of the site is a carwash. Located outside the commercial node is primarily residential uses with the predominate use being single-family. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, the Hillcrest Residents Association and the Capitol View/Stifft Station Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. Show the centerline of the right of way of Markham Street on the survey. The dedication may not be required dependent on the existing May 10, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8763 3 structures location and if the structure is located within the area to be dedicated. 2. Due to the proposed use of the property, the Master Street Plan specifies that Woodrow Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. Show the centerline of the right-of-way on the survey. The dedication may not be required dependent on the existing structures location and if the structure is located within the area to be dedicated. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Woodrow Street. The dedication may not be required dependent on the existing structures location and if the structure is located within the area to be dedicated. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. 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. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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. May 10, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8763 4 Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: CATA Bus Routes #1 – Pulaski Heights Route and #8 Rodney Parham Route run along West Markham Street. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Residential High Density (RH) for this property. The Residential High Density category provides for residential development of more than twelve (12) dwelling units per acre. The applicant has applied for a rezoning from C-3 (General Commercial District) to PCD (Planned Commercial District) to allow for development of residential as well as commercial uses for this structure. Master Street Plan: Markham is a Minor Arterial and Woodrow is a Local Street. 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 Markham since it is a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Markham. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or and easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Landscaping will be required with any new parking proposed on the site. May 10, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8763 5 3. 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 perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 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. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) The applicant was present representing the request. Staff presented an overview of the request stating there were questions concerning the proposed use of the building. Staff stated the applicant’s cover letter indicated the use of the building as residential. Staff stated residential, within a portion of the building, was an allowed use under the current C-3, General Commercial District zoning. The applicant stated the desire was to market the property as single-family as an allowable use in addition to the C-3, General Commercial Zoning District uses. Public Works comments were addressed. Staff stated radial and right of way dedications were required along West Markham and North Woodrow Streets. Staff stated if there were improvements to the building then improvements to the abutting streets could be required. Landscaping comments were addressed. Staff stated if additional parking or paving was added to the site then additional landscaping would be required per the City’s Landscape and Buffer Ordinances. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the April 19, 2012, Subdivision Committee meeting. The request is a rezoning from C-3, General Commercial District to PCD to allow the site to be used as a C-3, General Commercial District use, One or Two-family residence and/or a combination of commercial and residential. The property contains an existing duplex with graveled parking in the rear yard area. The site has a history of residential and non-residential uses. One side of the duplex has been renovated and the kitchen has been removed. May 10, 2012 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-8763 6 Parking on the site is adequate to serve a commercial use of the structure. Based on the Hillcrest Design Overlay District the site receives credit for five (5) spaces in front of the property, along Woodrow Street. It appears six (6) to eight (8) vehicles could be parked in the rear yard area. The rear yard parking is a non-conforming gravel parking area and has functioned in this manner for a number of years. The property is located within the Hillcrest Design Overlay District. There is no new construction proposed with the reuse of the property. Interior renovations are possible should the new owner desire to use the property in a configuration other than currently exist. The applicant has indicated any signage placed on the property for non-residential use will comply with the typical standards of the DOD. Staff is supportive of the request. Staff does not feel the rezoning to add one and two-family as allowable uses for the property will significantly 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: (MAY 10, 2012) The applicant was present. 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 for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 8 FILE NO.: Z-8764 NAME: Pulaski County Southwest Health Unit Short-form POD LOCATION: Located on the east side of Dailey Drive approximately 600 feet south of Baseline Road DEVELOPER: Pulaski County Judge Buddy Villines 201 S. Broadway Little Rock, AR 72201 ENGINEER: Central Arkansas Engineering 1012 Autumn Road Little Rock, AR 72211 ARCHITECT: Heiple + Wiedower Bill Wiedower AIA 319 President Clinton Avenue Little Rock, AR 72201 AREA: 3.02 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: POD PROPOSED USE: Medical Office – County Health Unit and Comprehensive Care VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the northern and southern drives on Dailey Drive nearer the property lines than typically allowed per the ordinance. May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning of 3.02 acres from R-2, Single-family to Planned Office Development (POD) to allow the construction of a new County Health Unit and a comprehensive care center. The health unit is proposed containing 6,610 square feet and the comprehensive care center containing 15,775 square feet. The building coverage is 17 percent of the site. The site plan includes the placement of 93 on-site parking spaces. The site plan is proposed with 37 percent open space. The property is owned by the City of Little Rock which will provide a 99 year lease to Pulaski County. B. EXISTING CONDITIONS: The property is heavily wooded with a significant amount of undergrowth. The area to the north is a United States Post Office and west of the site is a City of Little Rock Community Center and police substation. West of the site is vacant property which was previously a mobile home park. South of the site is a warehouse building which appears to be vacant. In the area along Baseline Road are a number of uses including residential, office and commercial uses. To the northeast is a DHS services building on the south side of Baseline Road and on the north side of Baseline Road is the existing Health Department located in a converted residential structure. Northwest of the site is a nursing home. Further south and west of this site is predominately single-family homes in the Allendale/Allendale Manor and Fairfield/Fairfield Cove Subdivisions. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of informational phone calls from area residents. All property owners located within 200-feet of the site, the Allendale Neighborhood Association, the Chicot Neighborhood Association and Southwest Little Rock United for Progress were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Dailey Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Dailey Drive May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 3 including 5-foot sidewalk with the planned development. The new back of curb should be located 18 feet from centerline. 3. 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). 4. 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. 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. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The development can have only two (2) driveways. The width of driveway must not exceed 36 feet. 10. 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. 11. Proposed dumpster must be moved due to being located at a driveway entrance. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 10-foot underground or a 25-foot overhead utility easement is required around the sites perimeter. Contact Entergy for additional information. Center-Point Energy: No comment received. May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 4 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. 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 Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and the 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 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 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 facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer owned Line Agreement is required. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: CATA Bus Routes #17 – the Mabelvale-Downtown and #17A – the Mabelvale UALR Routes run along Baseline Road which is located just to the May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 5 north of this site. It is recommended to connect this site with Baseline Road. Sidewalks should be extended from Baseline Road down Dailey Drive to this site. Contact CATA for additional information. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed six (6) dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to POD (Planned Office District) to allow for development of medical offices/clinic on this site. Master Street Plan: Dailey Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. 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. 2. A twenty-one foot (21’) wide land use buffer is required to separate this proposed development from the residential property on the southern and eastern perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 3. The zoning buffer ordinance requires an average twenty-one foot (21’) wide street buffer along Dailey Drive. This amount is to remain after all right-of- way dedications are in place. 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 southern and eastern perimeters of the site. Credit towards fulfilling this May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 6 requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 5. An automatic irrigation system to water landscaped areas will be required. 6. 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. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Bill Wiedower and Mr. Raymond Hickey were present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested Mr. Wiedower provide a written narrative concerning the proposed comprehensive care center. Staff also stated the dumpster should be relocated away from the street. Staff questioned the number of doctors which would serve the health unit and the comprehensive care center. Staff questioned if there would be any overnight stay associated with the comprehensive care center. The applicant responded there would not be any overnight stay. Public Works comments were addressed. Staff stated right of way dedication to 30-feet from center line would be required along Dailey Drive. Staff also stated street improvements including a sidewalk would be required with the proposed development. Staff stated the detention would be required with the proposed development of the site. Staff stated if the disturbed area was greater than one (1) acre a NPDES permit was required from Arkansas Department of Environmental Quality. Landscaping comments were addressed. Staff stated the parking lot was proposed with permeable pavement within the parking stalls. Mr. Wiedower stated the site was proposed as a LEED certified building and grounds. He stated the plants would be native plants and plants which required little to no irrigation. Staff questioned if grading would take place within the buffer areas. Mr. Wiedower stated he would review the grading plan and make appropriate request for variances. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 7 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the April 19, 2012, Subdivision Committee meeting. The applicant has provided a detailed narrative concerning the comprehensive care center, relocated the dumpster away from Dailey Drive and provided the number of doctors to serve the facility. The applicant is has indicated the land use buffers will be maintained and no grading will take place within the land use buffer area. The development is proposed in two (2) phases. The County Health Unit will be constructed in the first phase along with the middle drive and northern drives. Two bays of parking and the access drive will be installed south of the health unit building. Parking to the east of the health unit building will also be constructed. 50 to 60 parking spaces will be constructed with the first phase. With the development of the second phase, the comprehensive care center, the southern drive will be installed and the center drive will be removed. The northern and southern drives are located nearer the property line than typically allowed per Sections 30-43 and 31-210. Staff is supportive of the drives as proposed. The parking stalls are proposed as permeable and the drive lanes are proposed to be constructed of concrete. The site plan indicates the permeable parking will be a gravel paved type system. Wheel stops will be placed within the parking stalls to protect the landscape area. The site plan indicates a total of 93 parking spaces. Health Clinics are typically staffed with nurses. The comprehensive care facility will have six (6) to ten (10) doctors serving the facility. Parking is typically based on the number of doctors located within the development. Six (6) spaces per doctor is typically required per the zoning ordinance. Based on ten (10) doctors a total of 60 parking spaces would typically be required. The site plan indicates the buffers will be preserved and the existing woods and undergrowth will be preserved to provide the required screening. The applicant is not proposing the placement of fencing along the perimeters of the site. The site plan indicates the placement of a ground sign for each of the proposed buildings. The signs are indicated a maximum of six (6) feet in height and seventy-two (72) square feet in area. Building signage will comply with signage allowed in office zones or a maximum of ten (10) percent of the front façade. Interior directional signage will comply with the typical standards of the zoning ordinance. A note on the site plan indicates there is seventeen (17) percent building coverage, thirty-seven (36) percent open space and forty-six (46) percent driveways, parking and sidewalks. The development is proposed in two (2) phases with the County Health Unit being constructed in the summer of 2012. May 10, 2012 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-8764 8 The comprehensive care center is proposed to begin construction in the fall of 2012 and completion of both buildings is proposed for the summer of 2103. The property is owned by the City of Little Rock. The City is preparing a 99-year lease with the County for the site area containing the County Health Unit and the comprehensive care center. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff does not feel the rezoning of the property to allow the uses as proposed will significantly 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. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the drives on Dailey Drive as proposed. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present. 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 on Dailey Drive as proposed. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 9 FILE NO.: Z-8765 NAME: Lake Nixon Short-form PD-R LOCATION: Located at 18511 Cooper Orbit Road DEVELOPER: Second Baptist Church 222 East 8th Street Little Rock, AR 72202 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.44 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: AF ALLOWED USES: Agriculture and Forestry PROPOSED ZONING: PD-R PROPOSED USE: Single-family – Multi-sectional manufactured home VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Second Baptist Church owns and operates Lake Nixon Day Camp. The Camp contains 200+ acres which is bisected by Cooper Orbit Road. The request is a rezoning of 0.44 acres from AF, Agriculture and Forestry to PD-R to allow the placement of a manufactured home on the property. The home was placed on the property without proper zoning clearance and the property owner was issued a courtesy notice. To maintain warranties the owner has placed temporary under skirting around the structure and has sealed the structure to prevent moisture from penetrating the walls/roof. The applicant is proposing to construct a covered porch on the front on the structure. Due to the curvature of the road the porch will have a front setback of 18.7 feet to 31.5 feet. An attached garage is proposed along the east side of the structure with a 30-foot plus front setback. May 10, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8765 2 B. EXISTING CONDITIONS: Second Baptist Church owns a significant amount of acreage around this site including the recreational area of Lake Nixon. Within the complex there are a number of buildings being used for educational purposes. There is also a caretaker residence which is proposed for demolition. The proposed manufactured home is to be the new caretaker’s residence. This area of the County is predominately residential and/or farm land. Cooper Orbit Road is a narrow unimproved road with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area resident. All property owners located within 200-feet of the site and the Spring Valley Manor Neighborhood Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cooper Orbit Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide a septic certification for the proposed septic system. Entergy: Approved as submitted. 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. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock May 10, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8765 3 Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water 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. Fire Department: Maintain access. The site is located outside the City of Little Rock service area. Contact the area volunteer fire department to secure approval for the placement of the manufactured home on the site as proposed. County Planning: Dedicate ½ of a 60-foot right of way (30-feet from centerline) to conform to the County Master Road Plan. CATA: The site is not located on a dedicated CATA Bus Route. 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 Public Institutional (PI) for this property. The Public Institutional category includes public and quasi-public facilities that provide a variety of services to the community such as schools, libraries, fire stations, churches, utility substations, and hospitals. The applicant has applied for a rezoning from AF (Agricultural and Forestry District) to PDR (Planned District Residential) to allow for placement of a manufactured house on this site for a care-takers home. Master Street Plan: Cooper Orbit Road is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. 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: No comment. May 10, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8765 4 G. SUBDIVISION COMMITTEE COMMENT: (April 19, 2012) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were no remaining outstanding technical issues associated with the request. Staff requested Mr. White provide a septic certification for the proposed septic system. Staff also requested Mr. White a dedication or right of way 30-feet from centerline and for the applicant to provide the front building setback after 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 has submitted a revised site plan to staff addressing the issues raised at the April 19, 2012, Subdivision Committee meeting. The revised plan includes building setbacks after right of way dedication. The applicant has indicated the certification for the proposed septic system will be completed prior to final action by the Board of Directors. The request is a rezoning from AF, Agriculture and Forestry to PD-R to allow the placement of a manufactured home on the site. The AF zoning classification allows for single-family as an allowable use but does not have provisions in the ordinance for the placement of manufactured housing. The rezoning will be for a 0.44 acre part of the 200+ acre ownership to recognize the home’s placement. The remaining property will continue to be zoned AF, Agriculture and Forestry. The home is a 30 by 70 multi-sectional home. A porch will be added to the front of the structure. Due to the curvature of the road the front building setback is a minimum of 18.7 feet on the west side and 31.5 feet on the east side. Steps to access the home are from the side and do not extend into the front setback. There is an attached two car garage proposed with the new home along the east side. The applicant has indicated the placement of the home will comply with the regulations and siting standards for the placement of manufactured homes within the R-2 and R-3, Single-family zoning districts. A permanent foundation will be installed and all transport elements will be removed. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff does not feel the placement of the home as proposed by the applicant to serve as a caretaker residence for the day camp will significantly impact the area. May 10, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8765 5 I. STAFF RECOMMENDATION: 1. 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. 2. Placement of the home must comply with the following siting criteria from Section 36-254(d)(5). a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present. 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 that the placement of the home was to comply with the following siting criteria from Section 36-254(d)(5): 1. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. 2. Removal of all transport elements. 3. Permanent foundation. 4. Exterior wall finished so as to be compatible with the neighborhood. 5. Orientation compatible with placement of adjacent structures. 6. Underpinning with permanent materials. 7. All homes shall be multisectional. 8. Off-street parking per single-family dwelling standard. May 10, 2012 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8765 6 There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. May 10, 2012 ITEM NO.: 10 FILE NO.: LA-0044 NAME: Oak Meadow Advance Grading Variance Request LOCATION: Southwest Corner of Oak Meadow Drive and Parkside Drive APPLICANT: Randy James APPLICANT’S REPRESENTATIVE: Patrick M. McGetrick, P.E. AREA: Approximately 2.4 acres CURRENT ZONING: PD-R VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade the lots within the Tract C Subdivision at the time installation of the private streets and utilities occur. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade the lots within the preliminary platted residential Tract C Subdivision at the time of installation of the streets and utilities. The variance would allow approximately 2.4 aces to be advance graded. Per the Land Alteration Regulations, grading is not allowed on the lots until the streets and utilities are installed and the lots final platted. The applicant states the variance request is being made due to the homes are to be built close together. This causes the elevation of the homes to be dependent on each other. With grading and hauling occurring prior to construction of the streets, the streets should be protected from damage from hauling activities. B. EXISTING CONDITIONS: Tract C Subdivision is located southwest of the intersection of Oak Meadow Drive and Parkside Drive. Clearing and grading has begun for the streets, drainage, and utilities improvements. Prior to clearing, the proposed area for development is grassed with trees scattered throughout the property. The properties located to the south and west are several developed residential lots zoned R-2. On the north side of the site is Parkside Drive. Further to the north across Parkside Drive is an undeveloped lot zoned O-3. On the east side of the site is Oak Meadow Drive. Further to the east across Oak Meadow Drive is Kohl’s Department Store located on a C-3 zoned property. To the southeast of the site is a Little Rock Fire Department Fire Station which is located on property zoned R-2. May 10, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LA-0044 2 C. NEIGHBORHOOD COMMENTS: As of the time of writing, staff has not received any telephone calls or inquiries concerning the variance request. D. ENGINEERING COMMENTS: 1. A sketch grading and drainage plan has been provided. 2. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3. Vegetation must be established on disturbed area within 21 days of completion of grading activities where construction is not imminent. 4. Erosion controls must be installed to reduce discharge of polluted stormwater. E. SUBDIVISION COMMITTEE: Pat McGetrick was present representing the applicant. Staff presented an overview of the variance application stating the applicant’s desire to advance grade the lots in the preliminarily platted Tract C Subdivision with installation of the streets and utilities. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: The applicant requests to advance grade approximately 2.4 acres in the residential Tract C Subdivision located southwest of the intersection of Oak Meadow Drive and Parkside Drive. The area to be advance graded is actually a little less than 2.4 acres. During construction of the subdivision, grading for the streets, drainage, and utility improvements are allowed. Grading of the lots though is not allowed until the streets and utilities are installed and the lots are final platted. The applicant is requesting to grade the lots at the time the streets and utilities are being installed due to minimal spacing between the homes. With the minimal spacing, the final grades and elevations of the lots are dependent on the others. The applicant also desires to move cut material from one side of the subdivision and place it on the other side without causing damage to the newly installed private streets. The sketch grading and drainage plan shows no stormwater from the site to drain towards adjacent properties. The majority of the stormwater generally drains towards the intersection of Oak Meadow Drive and Parkside Drive. During grading and excavation, erosion control devices will be installed to minimize erosion and sedimentation. Within 21 days of completion of grading activities, grass must be seeded or hydro-seeded dependent on soil conditions. Vegetation must be established on each lot unless home construction is imminent. Dependent on the weather conditions, a temporary irrigation system may be needed to establish vegetation. May 10, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LA-0044 3 G. RECOMMENDATION: Advance grading of the lots would reduce potential drainage issues after construction of homes and installation of landscaping. Also, hauling excavated material from one portion of the subdivision to the either prior to street construction would minimize damage to the newly constructed private streets. Staff recommends approval of this variance application subject to the comments and conditions found in paragraphs D. Staff believes the advance grading activities should also comply with the following: 1. Erosion and sedimentation controls must be installed and maintained prior to beginning of grading activities; 2. Within 21 days of completion of grading activities, grass must be seeded or hydro-seeded dependent on soil conditions on all disturbed lots and other areas without imminent construction; 3. A grading permit has already been issued for construction of the subdivision. A revised permit will not be required to be issued for grading beyond the installation of the streets, drainage, and utility improvements; 4. Dependent on the weather conditions, a temporary irrigation system may be needed to be installed to establish vegetation; 5. Prior to approval of the final plat and completion of grading activities if they occur after final platting, all sediment should be excavated from the detention pond, drainage improvements, and vegetation established. PLANNING COMMISSION ACTION: (MAY 10, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the variance application subject to the comments and conditions found in paragraphs D. Staff also presented a recommendation that the advance grading activities should also comply with the following: 1. Erosion and sedimentation controls must be installed and maintained prior to beginning of grading activities; 2. Within 21 days of completion of grading activities, grass must be seeded or hydro-seeded dependent on soil conditions on all disturbed lots and other areas without imminent construction; May 10, 2012 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: LA-0044 4 3. A grading permit has already been issued for construction of the subdivision. A revised permit will not be required to be issued for grading beyond the installation of the streets, drainage, and utility improvements; 4. Dependent on the weather conditions, a temporary irrigation system may be needed to be installed to establish vegetation; 5. Prior to approval of the final plat and completion of grading activities if they occur after final platting, all sediment should be excavated from the detention pond, drainage improvements, and vegetation established. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. C] 0 V ui Of W F- 0 Z a z J CL D 1- z i� �J W F-- d _.v -t3 w 0 EC v a� LLI CIO U ui cr- _w I d LU E LU ■ 0 W 20md�CnZZaZ�C) LLI � momoc�. J LLI C/7 LLI cl) Q Z� a�LLLU=z0Lw j— m° cr uj Q _1 Q < o W LU d J Q _.v -t3 w 0 EC v a� LLI CIO U ui cr- _w I d LU E LU W 20md�CnZZaZ�C) LLI � momoc�. J LLI C/7 LLI cl) Q Z� a�LLLU=z0Lw j— m° cr uj Q _1 Q < o W LU d J Q _.v -t3 w 0 EC v a� LLI CIO U ui cr- _w I d LU E LU May 10, 2012 There being no further business before the Commission, the meeting was adjourned at 4:42 p.m. N (Date Ch_ irman