The URL can be used to link to this page

Home My WebLink Aboutpc_04 26 2012 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD APRIL 26, 2012 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: William Changose Janet Dillon J. T. Ferstl Keith Fountain Dan Harpool Alan Bubbus Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Tom Brock Rebecca Finney City Attorney: Debra Weldon III. Approval of the Minutes of the March 15, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING APRIL 26, 2012 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8734 Lee Boarding Facility – Special Use Permit 122 Pleasant Valley Drive B. Z-4285-B Catholic High School Athletic Field and Facilities – Conditional Use Permit C. Z-4343-Z The Ranch Tract I Nursing Home – Conditional Use Permit East side of Ranch Blvd., south of Saratoga Drive D. MSP12-01 Master Street Plan Amendment adding Chester Street North of La Harpe as a Minor Arterial (to Arkansas River) E. Z-8752 Chenal Kanis Storage Long-form PCD, located at 15575 Kanis Road. F. Z-7131-C Vallon Long-form PD-R, located on the West side of Chenal Valley Drive in the 16500 Block between Chenal Heights Drive and LaMarche Drive. G. Z-8728 Worsham Short-form PCD, located at 910 East 9th Street. II. NEW BUSINESS: Item Number: File Number: Title: 1. Z-8301-B Rezoning from MF-12 to O-3 North side of Valley Ranch Drive 2. Z-3371-OO Crain Automobile Dealership – Conditional Use Permit #11 Colonel Glenn Plaza Drive Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title: 3. Z-5991-D Kaufman By Design Hardware and Home Center – Conditional Use Permit 600 Wellington Hills Road 4. Z-8671-A Rent-N-Roll Custom Wheels and Performance Tires – Conditional Use Permit 11400 West Markham Street 5. Z-8757 St. Luke United Methodist Church – Ascension Arts Academy Day Care Conditional Use Permit 6400 West 32nd Street 6. LA-0043 Stanton Road Tree Harvest Variance 8503 and 8521 Stanton Road April 26, 2012 ITEM NO.: A FILE NO.: Z-8734 Name: Lee Boarding Facility – Special Use Permit Location: 122 Pleasant Valley Drive Owner: Kichang and Grace Lee Applicant: Dan F. Bufford Proposal: A Special Use Permit is requested to allow a rooming, lodging and boarding facility to be operated in the single-family residence located on the R-2 zoned property at 122 Pleasant Valley Drive. STAFF UPDATE: On January 9, 2012, the applicant submitted a letter to staff requesting this application be deferred to the March 15, 2012 Planning Commission agenda. The applicant is requesting the deferral to allow time to meet with the Pleasant Valley Property Owners’ Association to discuss the proposal for the property. Staff supports the requested deferral. PLANNING COMMISSION ACTION: (FEBRUARY 2, 2012) Staff informed the Commission that the applicant submitted a letter on January 9, 2012 requesting this application be deferred to the March 15, 2012 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the March 15, 2012 Agenda with a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on February 14, 2012 requesting this application be deferred to the April 26, 2012 Agenda. The applicant is in the process of working out issues with the neighborhood association. Staff supports the deferral request. PLANNING COMMISSION ACTION: (MARCH 15, 2012) Staff informed the Commission that the applicant submitted a letter on February 14, 2012 requesting this application be deferred to the April 26, 2012 Agenda. Staff supported the deferral request. April 26, 2012 ITEM NO.: A (Cont.) FILE NO.: Z-8734 2 The item was placed on the Consent Agenda and deferred to the April 26, 2012 Agenda with a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on March 27, 2012 requesting the application be withdrawn, without prejudice. The applicant notes that all persons living in the residence who are not related to the property owners and residents will be moved out of the house by the end of May 2012. Staff recommends approval of the withdrawal request, giving the property owners until the end of May 2012 to have the number of residents reduced and the property in compliance. The applicant has been in contact with the Pleasant Valley Property Owners Association regarding this issue, and to staff’s knowledge the POA is supportive of the withdrawal, as requested. PLANNING COMMISSION ACTION: (APRIL 26, 2012) Staff informed the Commission that the applicant had submitted a letter on March 27, 2012 requesting the application be withdrawn, without prejudice. Staff noted that the applicant would have the site in compliance with the City’s Zoning Ordinance by the end of May 2012. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn, without prejudice by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: B FILE NO.: Z-4285-B NAME: Catholic High School Athletic Field and Facilities – Conditional Use Permit LOCATION: 6300 Father Tribou Drive OWNER/APPLICANT: Catholic Diocese of Little Rock/Wittenburg, Delony and Davidson PROPOSAL: A conditional use permit is requested to allow the addition of an athletic field and associated facilities to this R-2 zoned school campus. 1. SITE LOCATION: The campus is located on the north side of Father Tribou Drive, west of N. University Avenue. The proposed athletic field is to be located on the east side of the campus, near University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The school has been a part of this neighborhood for many years. North University in this area is lined with office and institutional uses. Commercial development, including Park Plaza and Mid Town, are located one block to the south. Office and Institutional use are located across Father Tribou Drive to the south. Single-family residences are located adjacent to the north. They have a rear yard relationship to this site. Care must be taken to mitigate any possible impact on those residential properties from noise and light generated by the athletic field. If that is done, the school campus and new athletic facilities can continue to be compatible with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Hillcrest and Evergreen Neighborhood Associations. The school was scheduled to hold an open house on March 1, 2012 for interested parties to view the proposed development. 3. ON SITE DRIVES AND PARKING: The parking requirement for a school is determined by the age of the students, the number of classrooms and the number of employees. None of those elements are changing. The campus currently contains 397 parking spaces in lots taking access off of Father Tribou Drive. A small parking lot containing 6 ADA parking spaces and 1 parking space for an ambulance is being proposed adjacent to the new athletic field. Access April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 2 will be through the existing parking area. No new driveways onto the street are proposed. 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinance is required. A forty-two (42) foot wide land use buffer is required along the site’s north perimeter where adjacent to single-family residential properties. Seventy (70) percent of this buffer must remain undisturbed. The area appears to be encroached upon with a driveway and reflects grading within this area too; a variance is required. A small amount of building landscaping is required between the building and the parking lot. 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 satisfied this year-around requirement. An automatic irrigation system to water landscaped area will be required. 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. 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 properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. At time of construction, University Avenue is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. 2. At time of construction, due to the proposed use of the property, the Master Street Plan specifies that Father Tribou Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 3 3. At time of construction, a twenty (20) foot radial dedication of right-of- way is required at the intersection of University Avenue and Father Tribou Street. 4. At the time of construction, obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 5. At time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. At time of construction, 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. 7. Storm water detention ordinance applies to this property. Show the proposed location of the detention facility. 8. At time of construction, if disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 9. At time of 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. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Private sewer system on site. Entergy: Easements will be required for service entrance. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 4 Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten (10) 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: Approved as submitted. Install Fire hydrants per Code; maintain access. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2012) The applicants were present. Staff presented the item and noted little additional information was needed. Staff asked that the applicant indicate the speakers on the plan and describe measures to eliminate noise impact on adjacent residences. Public Works and Landscape Comments were noted and discussed. Staff noted there would be a variance to allow an encroachment into the buffer on the north side of the property. Utility and outside agency comments were noted. The applicants described the proposed lighting and stated at the north edge of the property, the lighting “spillover” would be equivalent to moonlight. They stated there would be a meeting for the neighborhood and interested parties on March 1 where the plan would be presented. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 5 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Catholic High School for Boys is located on the R-2 zoned property located at 6300 Father Tribou Drive. The school building and parking lots are located on the west side of the campus. An athletic field is located on the east side of the site. An existing field house is located on the north side of the athletic field. The school is requesting approval of a conditional use permit to allow for construction of a new, permanent athletic field to replace the existing, informal field. Associated with the new field are a new field house and small parking lot. The school will be installing a synthetic turf football field, also sized for soccer, with an eight lane running track around the perimeter of the field. The new turf field will be used for football and soccer practices, freshman and junior varsity games. Varsity football games will remain at War Memorial for the foreseeable future. The field will have new lighting and bleacher style seating for 500 fans on the west side. Concessions and toilets will remain in the existing field house until the new two story field house is constructed in the northwest corner of the existing field area, in the summer of 2013. An 8 ft. high chain link fence will be installed on three sides of the facility for security and control access. An 8 ft. high decorative aluminum picket fence will be installed along Father Tribou Street from near the school sign on University Ave. to the first existing parking lot entrance drive. In this Conditional Use Permit application, the school is requesting a variance from the required 70% buffer on the northwest side of the property to allow for the planned improvements to the existing access road and grading necessary for the new track. Both improvements encroach into a portion of the required 39 ft. buffer. The access road is necessary to connect an existing parking lot to the new required ADA parking area near the field and provide ambulance access to the athletic field area. The access road will be gated for limited use by maintenance and service vehicles and ADA parking during athletic events on the field. The disturbed areas of the buffer will be mitigated by installing enhanced evergreen planting at 15 ft. minimum, as shown in the clouded area on the attached site plan. This will provide landscape screening in the re-graded buffer area and between the ADA parking and adjacent property. The 39 ft. buffer is being maintained on all of the other sides of the property along with a large undisturbed area of the property fronting University Avenue. To minimize the disturbed area and maintain the 50 ft. buffer along University Ave., a segmented concrete block wall, varying from two to ten feet height will be installed on the east side of the track. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 6 This athletic facility will primarily be used after regular school hours, evenings and some weekends during football and soccer seasons. The campus currently has 397 existing parking spaces plus Handicap parking spaces. The initial bleacher capacity is 500 with provisions being made for an additional 1000 seats in the future if needed. Lighting for the field will be pole mounted energy efficient, "night-sky" type fixtures. The lights will be installed to focus directly on the field and track area only, minimizing light spillover. The light spillover is expected to be less than .5 foot candles at the property line, which is equivalent to moonlight. To staff’s knowledge, there are no outstanding issues. The applicant responded to issues raised at Subdivision Committee and stated the school will comply with all staff comments. The public address system will be directed toward the fans in the bleachers and away from neighboring properties. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the requested buffer variance subject to the disturbed and remaining area of the buffer being replanted with enhanced evergreen plantings. PLANNING COMMISSION ACTION: (MARCH 15, 2012) The applicants were present. There were 4 registered objectors present. Chairman Ferstl recused on the item. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions outlined in the “staff recommendation” above, included the buffer variance. Wallie Sprick addressed the Commission on behalf of the School and described the proposed project. He noted the proposed buffer variance and stated the area would be planted and replanted to provide screening. He presented a planting plan showing the proposed landscaping in the buffer area. He stated the proposed athletic building had not yet been designed but he anticipated it to have an eave height of about 25 feet. Mr. Sprick stated a lighting study had been competed and, using 80 foot tall poles, lighting spillover at the property boundary adjacent to the residential properties would be equivalent to moonlight. He stated speakers would be mounted on the light poles and aimed directly at the stands so there would be no noise spilling over onto the residential properties. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 7 He concluded by stating he thought they had done a good job of addressing issues for this type of development in an urban setting. David Rieger, of 6306 Ridgecrest, addressed the Commission and presented a petition signed by neighborhood residents opposed to the project. He expressed concerns about the proposed intrusion in to the buffer and asked if the School could design the project so that the buffer was not impacted. Monica Issitt, of 6201 Ridgecrest, stated the neighborhood had generally positive feelings about the school but she also had concerns about the buffer variance. She stated an appraiser had told her the proposed change could negatively impact property values in her neighborhood. She stated she wanted one more meeting with the school and wanted to get timely updates as the project progressed. Ms. Issitt showed the Commission a photograph of the school property taken from her back yard. She expressed concern about the height and color of the proposed chain link fence to be placed along her property, the size and height of the athletic building and the sound and light from the athletic field. Kathy Naylor, of 6305 Ridgecrest, also expressed concerns about the buffer. She stated the previous owner of her home had an agreement with catholic high whereby he planted a rose garden on the school property just behind her home. She stated she wanted a buffer. Mr. Sprick stated the school did not want to alienate any of their neighbors. He said the proposed plantings would be a bonus for the neighbors and would provide better landscaping screening than they currently had. He said a neighborhood meeting had been held at the school and some of those now present had not attended that meeting. In response to a question from Commissioner Nunnley, Mr. Sprick said notice of he neighborhood meeting had gone out to the individual property owners. He said a letter from the school had also been sent. Commissioner Nunnley asked what plan was in place if the buffer variance was denied. Mr. Sprick responded that the school could look at moving the entire project further to the south, away from the neighbors. In response to a question from Commissioner Finney, Mr. Sprick further described the measures to be taken to reduce the impact of lighting and noise on the neighbors. There was further discussion of the possibility of moving the project about 20 feet to the south, greatly reducing the amount of any intrusion into the required buffer. During the discussion, Cynthia Lemley, of 6111 Ridgecrest, expressed her concerns about the buffer. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 8 When asked, Mr. Sprick agreed to amend the application to move the project 20 feet to the south. Staff stated they would support the buffer variance on the south rather in lieu of a variance on the north. Discussion continued and the neighbors still had questions. It was agreed to defer the item to allow for further discussions. A motion was made to defer the item to the April 26, 2012 meeting. The motion was approved by a vote of 9 ayes, 0 noes, 1 absent and 1 recusing (Ferstl). STAFF UPDATE: The plan has been revised by pulling the entire project to the south, out of the required buffer on the north. Only a small portion of the new ADA and ambulance driveway extends into the 39 foot buffer. The total area of encroachment is approximately 50 feet by 2 feet in width. Plantings will be installed in the buffer area to entrance screening. The proposed chain link fence along the rear of the residential properties has been reduced in height from 8 feet to 6 feet. Moving the project to the south has now created the need of a buffer variance on the Father Tribou Street perimeter. A segmented block wall and landscaping will be placed in the area of the reduced buffer. Staff believes the applicants have done a good job of addressing the concerns raised by adjacent residents at the previous hearing. Staff is supportive of the revised plan and of a variance to allow the reduced street side buffer. The applicants held additional meetings with the residents. The revised plan was presented to the Subdivision Committee at their April 5, 2012 meeting. REVISED STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the requested buffer variance on the street perimeter subject to the disturbed and remaining area of the buffer being replanted with enhanced evergreen plantings. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicants were present. There were no objectors present. David Rieger, of 6306 Ridgecrest, was present in support. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. April 26, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-4285-B 9 There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 8 ayes, 0 noes, 2 absent and 1 recusal (Ferstl). April 26, 2012 ITEM NO.: C FILE NO.: Z-4343-Z NAME: The Ranch Tract I Nursing Home – Conditional Use Permit LOCATION: East side of Ranch Blvd., south of Saratoga Drive OWNER/APPLICANT: Ranch Properties/White Daters and Associates PROPOSAL: A conditional use permit is requested to allow for the construction of a 54 bed nursing home/Alzheimer’s care facility on this vacant, MF-18 zoned, 3.9 acre tract. 1. SITE LOCATION: The site is located on the east side of Ranch Blvd., south of Saratoga Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses, where the uses transition from the residential lots in The Ranch to the Institutional, Office and Commercial uses along Ranch Drive and Cantrell Road. The residential neighborhood extends to the east and north. Arkansas Baptist High School is located across Ranch Blvd. to the west. Office uses are located to the southwest. Commercial and Office Uses are located along Cantrell and Ranch Drive to the south. The Leisure Arts facility is located to the southeast. Allowing this 3.9± acre parcel of MF-18 zoned property to be developed for a 54 bed nursing home/Alzheimer’s care facility appears to be an appropriate use for this site and should be compatible with uses and zoning in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Johnson Ranch, Chevaux and Coalition of West Little Rock Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A 54 bed nursing home requires 54 on-site parking spaces based on a requirement of 1 space per each bed. The applicant is requesting a variance to allow for a 40-space parking lot with a single driveway off of Ranch Blvd. A second driveway is to provide access to the dumpster and service area. April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 2 4. SCREENING AND BUFFERS: Compliance with the City’s Landscape and Buffer Ordinance is required. A twenty-three (23) foot wide land use buffer is required along the site’s east perimeter where adjacent to single family residential properties. Seventy (70) percent of this buffer must remain undisturbed. The area appears to be allocated for this minimal requirement. Interior landscaping must be no less than eight (8) percent of the vehicular use area. Each landscape island must be no less than one hundred fifty (150) square feet in area and seven and one half (7.5) feet in width. 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 eastern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. An automatic irrigation system to water landscaped areas will be required. 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. 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 properly preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. At time of construction, sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. At time of construction, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. At time of construction, 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. April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 3 4. At time of construction, storm water detention ordinance applies to this property. 5. At time of construction, if disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior the start of construction. 6. At time of construction, on site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 7. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway locations are required to be located at least 125 feet from the property line. A variance must be requested for the driveways to be located as shown. 8. At the time of construction, 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. 9. Retaining walls designed to exceed fifteen (15) feet in height are required to seek a variance for construction. Provide proposed wall elevations. 10. 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. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Capacity Analysis required for this project prior to connection to Little Rock Wastewater System. Entergy: No comment received Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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 April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 4 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 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten (10) 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: Approved as submitted. Install Fire hydrants per Code; maintain access. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2012) Joe White was present, representing the application. Staff presented the item and noted additional information was needed regarding building height and design, signage, fencing and the height of the proposed retaining wall. Staff noted the requested parking variance and asked Mr. White to provide justification, including the number of employees by shift and days. Mr. White was asked to locate the mechanical equipment. Staff noted any roof-mounted April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 5 equipment would need to be screened from the residential properties located above the site to the east. Public Works and Landscape Comments were noted and discussed. Mr. White was advised to request a driveway spacing variance. Utility and outside agency comments were noted. The applicant was advised to submit responses to staff by February 29, 2012. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: On April 22, 2010, the Planning Commission approved a conditional use permit to allow for the development of the MF-18 zoned tract for a 54 bed nursing home/Alzheimer’s care facility. The approved development consisted of a one- story building built around a central courtyard and a 54 space parking lot to be located between the building and Ranch Blvd. The building was to have a residential appearance, utilizing materials which complied with the covenants and restrictions at The Ranch. A 30-foot wide undisturbed buffer, with screening, was to be located along the east perimeter, where the site abuts single family. Dumpster service was limited to daylight hours and signage was limited to a single ground-mounted sign and to exceed 6 feet in height and 24 square feet in area and a wall sign not to exceed 32 square feet in area. The item was approved on the consent agenda. The project has not been constructed. The applicant is now requesting approval of a revised CUP to allow construction of the 54 bed nursing home/Alzheimer’s care facility. The building design has been changed but is still a one-story building built around a central courtyard. The area of the site has been increased slightly from 3.8 acres to 3.9 acres. Parking is now proposed to be located adjacent to the building rather than in front of the building. A second, service driveway is proposed on the south side of the site to provide access to the dumpster and service area. The facility will still be, “cut into” the hillside from Ranch Blvd., with a retaining wall not to exceed 15 feet in height. The 30-foot undisturbed buffer on the east side is still proposed with a 6-foot high opaque screen, either a wooden fence or dense evergreen plantings, to be placed on the property line adjacent to the single family properties. A single ground sign is proposed. The exterior of the structure will be residential in nature. It is a one-story building with a sloped architectural shingle roof. The exterior will be a combination of brick and siding to match the architectural style of The Ranch. The building will not exceed 30 feet in height. Dumpster service will be limited to daylight hours. The only proposed fencing is located on the east perimeter as an option to April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 6 provide screening where the site is adjacent to residential properties. Screening will be either the fence or dense evergreen plantings. Two variances are requested. Neither driveway meets the requirement of spacing of 125 feet from the property line. Staff expects the use to be a relatively low traffic generator. One driveway is for access to the dumpster and service area only. Staff supports a driveway spacing variance. The facility typically requires 54 parking spaces based on a ratio of one space per bed. The applicant is proposing 40 spaces. This applicant operates other similar facilities and has found that a lesser number of parking spaces are sufficient. They typically have 10-15 employees on staff on two shifts. Shift times are staggered to provide continuity of care. The applicant states as an assisted living Alzheimer’s care facility, the ratio of staff to patients is not as high as in a conventional skilled care nursing home. Additionally, there is sufficient space on the site to expand the parking lot if it is later determined that additional parking is needed. To staff’s knowledge, there are no outstanding issues. The Ranch Commercial bill of assurance contains the following statement: “Properties shall be developed, used or occupied in compliance with the applicable zoning and subdivision codes and regulations of the City of Little Rock.” STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The undisturbed buffer area is to be marked with orange construction fencing prior to any site work and is to be protected throughout construction. 3. Signage is to be limited to a wall sign on the façade facing Ranch Blvd. and a single ground-mounted sign not to exceed 6 feet in height and 24 square feet in area. 4. No delivery trucks are to stop on Ranch Blvd. and back into the service drive. Nor are they to back out of the service drive onto Ranch Blvd. 5. Any roof-mounted mechanical equipment is to be screened from the residential properties to the east. Staff recommends approval of the driveway spacing and parking variances. April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 7 PLANNING COMMISSION ACTION: (MARCH 15, 2012) The applicant was present. There were no objectors present. Staff informed the Commission that on March 15, 2012 the applicant had requested deferral of the item to allow for possible changes to the site plan. Staff recommended approval of the deferral request. A motion was made to waive the bylaws to allow for the late deferral request. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. The item was then placed on the consent agenda and approved for deferral to the April 26, 2012 meeting by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: The plan has been revised to basically “flip” the building and parking. The parking lot and service area are now located on the south side of the building with access off of a driveway that is shared with the lot adjacent to the south. A drop-off driveway and turn-around area now located in front of the building. There is no other change to the proposal or plan. There is no longer a driveway spacing variance. Staff has noted the proposed shared driveway cannot exceed 36 feet in width. To staff’s knowledge, there are no outstanding issues. The item was presented to the Subdivision Committee on April 5, 2012 with only the driveway width being noted as an issue. REVISED STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. The undisturbed buffer area is to be marked with orange construction fencing prior to any site work and is to be protected throughout construction. 3. Signage is to be limited to a wall sign on the façade facing Ranch Blvd. and a single ground-mounted sign not to exceed 6 feet in height and 24 square feet in area. 4. No delivery trucks are to stop on Ranch Blvd. and back into the service drive. Nor are they to back out of the service drive onto Ranch Blvd. 5. Any roof-mounted mechanical equipment is to be screened from the residential properties to the east. Staff recommends approval of the parking variance. April 26, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-4343-Z 8 PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: D FILE NO.: MSP12-01 Name: Master Street Plan Amendment – Add Chester north of LaHarpe Location: Chester Street and extension, north of LaHarpe crossing the Arkansas River Request: Add Minor Arterial classification north of LaHarpe Source: Staff PROPOSAL / REQUEST: Master Street Plan amendment in the Downtown District to add a Minor Arterial. Chester Street south of LaHarpe is a Minor Arterial south to Wright Avenue. The request would be to continue this classification north of LaHarpe then across the Arkansas River to connect with the Arterial street system in North Little Rock. This would then provide a fourth bridge across the Arkansas River in downtown. MASTER STREET PLAN: Currently, the Master Street Plan shows Chester as a Minor Arterial from LaHarpe to south to Wright Avenue. North of LaHarpe, Chester is a Local Commercial street and goes for one block. LaHarpe is a Principal Arterial. It is State Highway 10 and goes from Interstate 30 west to Fort Smith. There are currently three connections across the Arkansas River: Broadway Bridge (Principal Arterial), Maine Street Bridge (Minor Arterial) and Interstate 30 Bridge (Freeway). BICYCLE PLAN: The bicycle plan shows a Class I - Bike Path along the River (the medical mile, a portion of the Arkansas River Trail). It shows a Class III Bike Route along Markham crossing Chester. However no bike path, lane or route is shown along Chester. PARKS: The Arkansas River Trail is shown on the Little Rock Parks and Recreation Master Plan as an open space. The Plan indicates there is park or open space within eight-blocks of the alignment. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 2 ANALYSIS: There have been discussions of a fourth bridge over the Arkansas River in or near downtown Little Rock for years. In fact, until 1995, a fourth vehicular bridge had been proposed. This was the Midtown Expressway and it had a bridge just west of the current railroad bridge. It was to connect Interstate 30 to Interstate 40, with a new road paralleling the Union Pacific Railroad tracks. The Broadway Bridge and Interstate 30 Bridge are at, to over capacity currently and Main Street Bridge is around half to two-thirds capacity. Metroplan has indicated an additional 25,000 to 40,000 trips a day are expected by 2030. This would put all the facilities well over capacity. Currently, Chester Street is an Arterial south of LaHarpe to Wright Avenue. The service volume on a four-lane arterial is 18,000 ADT (average daily trips). At LaHarpe, Chester has an ADT of around 8000 and at Interstate 630 around 13,000 ADT. Metroplan estimates that, if built, the new bridge would have 15,000 to 20,000 trips in 2030. These are projected to not be new trips but trips that would have used one of the three existing bridges. Thus the impacts to Chester beyond Capitol should be minimal. Some of the trips could already be on Chester or could return to their current routes prior to getting beyond Capitol Avenue. A Master Street Plan amendment is needed to reclassify Chester Street north of LaHarpe to an Arterial. This would allow regional transportation money to be used for further review of the alignment and fully develop transportation impacts and costs for construction of a new bridge. The North Little Rock Planning Commission has recommended the connection to their City Council. The City of Little Rock’s action would complete the connection across the Arkansas River, so that the alignment may be put on the regional transportations plan. NEIGHBORHOOD COMMENTS: Notices were sent to the four adjacent property owners and the Downtown Neighborhood Association as well as the Downtown Partnership. Staff has received two contacts on this request indicating their concern with it. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 3 PLANNING COMMISSION ACTION: (MARCH 15, 2012) Walter Malone, Planning Staff reviewed the request. Mr. Malone referred to the graphic and explained the street designations. He indicated the Metroplan as the regional planning organization who does the transportation planning for Central Arkansas and as part of this work they have indicated that the currently three bridges downtown will all be over capacity by the year 2030 and a fourth bridge will be needed. The North Little Rock Planning Commission has recommended an amendment to their Master Street Plan. If both cities place the connection on their Plans then the regional agency will be able to use federal funding to further study the bridge to determine the full impacts at this location. Mr. Malone turned the presentation over to Mr. Jim McKenzie, Executive Director of Metroplan. Mr. McKenzie provided some history of studies in the area from the 1980s thru 2003. Most of these had centered on the Midtown Freeway or expressway. He described the alignment of the Midtown route and noting that Interstate 630 had been constructed such that the Midtown could be built under it along the railroad tracts. The City of Little Rock removed this route from its plan in the 1990s. Mr. McKenzie described several developments that are currently on the former alignment of this route making that location less possible to construct. The location connecting Chester across the Arkansas River is one of the few remaining locations where a bridge could be constructed due to development. The most recent study of the river crossings recommended improvements to Broadway, Interstate 30 and the need for another bridge. The Highway Department is moving forward with replacing the Broadway Bridge but due to constraints (buildings) along Broadway this road can not be widened to the needed six lanes. A fourth bridge could provide this needed capacity. After the Broadway Bridge is completed the Highway Department plans to widen Interstate 30, thus for years there will be reduced access across the Arkansas River. There is a well documented need for a fourth bridge. By placing this on the Plan, moneys will be available to fully study the impacts to the area and the transportation system of adding this bridge. Hal Kemp, representing 100 North Street Q1 LLC, addressed the Commission and talked about planning processes used by the City for various proposes – Land Use, Overlays, and Transportation. He noted how citizen involvement and participation has been ‘key’ and there has been an attempt to build consensus on the issues. This has been the process used by the Planning Commission and City in the past. The Commission continues to do this through its review of development plans. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 4 Mr. Kemp indicated that his client had purchased this land in 2006 to build an office building on one of the last river front properties in Little Rock. Currently, there is a one-story building in the alignment of where an extension of Chester Street would proceed. If this amendment is made, it would stop development of this site and adds uncertainty over the development potential of the land. Once the road is placed on the Plan it affects the entire neighborhood. (Mr. Kemp described the immediate neighborhood and compared to other neighborhoods in Little Rock.) He indicated the bridge was a new idea to this Commission. The uncertainty caused by adding this bridge to the Plan would cause this neighborhood to go into decline. He proposed that a study committee be formed to review the idea of the bridge. The affects on the surrounding area and other uses should be considered and reviewed. This committee should involve citizens and the Commission. Citizens should be asked if the need is for this or other capital issues – drainage and roads. (He provided various examples.) The Planning Commission has a role in this and should exercise that role. If the Commission votes yes today, you are not allowing citizen input and considering traffic impacts. Ask that additional studies be done and input received priory to approving a major change in use such as this bridge connection. Mr. Scott Schallhorm, representing Don Henderson and others (the property at 217 North Chester), addressed the Commission. He indicated they seconded Mr. Kemp’s comments. This action puts a ‘Mark’ on the property and devalues it. The uncertainty affects the value banks and potential buyers might consider for the property. This property is along Chester and is narrow in the east-west direction, any additional right-of-way along the western edge for Chester would have an impact on the developability of the land and could make it unusable. Based on the discussion there would be another study on what to do, then we would still have to figure out where to get the money to build anything. This forces the property into a purgatory of waiting. It would be better to first see if the bridge is needed and cost affective, then only after that to discuss adding the bridge crossing. Ruth Bell, League of Women Voters, next addressed the Commission. Ms. Bell indicated the League supported planning but there is a feeling of lack of information about ‘need’ for this. It is hard to understand the impacts on other efforts, such as the River Trail, etc. This might be okay but we just do not know at this point. If the Commission does approve this, there does need to be additional planning. It is still worthy of additional study with the involvement of the Commission, property owners and citizens. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 5 Martha Miller, Department of Heritage, indicated they were also in the neighborhood along Chester. The building that houses the State’s collections is very close to Chester along the western right-of-way. They are very concerned about any impacts this change might have on the building and property. There should be a study done on the location to see if this is the best place or one closer to the railroad bridge a little to the west. She recommended delay in action at this time. Steve Hoffman, 1010 North Street, addressed the Commission. He indicated they had moved to this location due to the construction of the Interstate 30 Bridge. He did not know if this would take any of their property or would be immediately to the east of their property. But their parking is along the property line and they could not afford to lose any parking. That would make their property unusable. Mr. McKenzie returned to address the Commission. Mr. McKenzie stated that the road must be on the Plan in order to justify putting money toward study of the impacts. He noted that several of the speakers are aware that if they submit a development plan for their land, the City must within a year purchase their land or allow them to complete their project. This would reduce the uncertainty period. He also wants this to be a transparent process and to involve the owners, neighbors, Commissioners and others. But it must be on the Plan in order to get these answers everyone is asking. Mr. Don Henderson, property owner, stated that as a small property owner there will be an impact on the property. Commissioner Bill Rector stated how uncertainty had affected a property near the airport. There needs to be a way to get some certainty on the issue or shorten the period of uncertainty. Mr. McKenzie indicated the work year starts July 1 and that he would put it in to start then, if approved. The study would take six to nine months. If there is no amendment, then there would be no study and there would be no bridge. There was a discussion about financing the bridge. Mr. McKenzie stated that if the bridge was not at least under construction in five years it was not likely to happen at all. There was a question about why this was an issue now. In part, the studies and reviews of the other three bridges have re-surfaced the issue of a fourth bridge. As to the timing of this amendment, the Metroplan Board will be voting on the work program for July 2012 –June 2013 at their May meeting. It was agreed the study work could be done without the amendment but was the only way to use federal money to pay for the study. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 6 There was discussion about deferring the item and a motion was made to defer. Commissioner Nunnley stated a Chester Bridge had been mentioned by Metroplan previously. He also noted that on many applications owners state there will be an impact on values that does not mean there will be. There was more discussion about the uncertainty issue and a need to limit that or provide some certainty. There was further discussion about funding. Mr. McKenzie stated a deferral would not be the end of the world. He did note that there had been numerous planning level studies that all recommended a fourth bridge. It was now time to study a location and the impacts that would have on the immediate area and the general traffic pattern on both sides of the river. Mr. Kemp stated all Mr. McKenzie needed was some reasonable assurance that both cities supported this. A letter from the Mayor and City Manager might suffice. But based on previous actions and inactions by the City, they wanted an ordinance. The question should be: Do we as a City want this location for a bridge; Do we want to spend our money on this; Do we have the full impacts? A motion to defer for six weeks was made. There was discussion about whether it should be moved up to the Board of Directors and if that were a better place to address this or if the Planning Commission had the duty to more fully address it first. It was noted by Staff there would not be a citizen committee formed in this six week period. The six weeks would be use to try to address some of the issues and concerns raised. The Commission voted to defer the item by a vote of 9 for, 1 against and 1 absent. PLANNING COMMISSION ACTION: (APRIL 26, 2012) Walter Malone, Planning Staff reviewed the application with the Commission. The Transportation model shows a need for a fourth bridge and this change is requested so that funds can be used to further study this location for impacts and costs of a bridge at Chester. Hal Kemp, representing 100 North Street Q1 LLC, addressed the Commission. This property is north of Chester and is the land through which the road would have to be constructed. He thanked the Commission for the deferral six weeks ago and the work since. This has shown there is not agreement at the MetroPlan Board and that the Highway Department will not fund it and does not support the addition. If this alignment is placed on the Plan, it would have serious impact on the property – its marketability and development potential. We do not know if a bridge could be funded or would be built. The 25,000 trips a day might be a positive or a negative to this property. We do not know how the bridge would be built and its construction on this property. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 7 For twelve months this property would be sequestered and would not be paid anything. Mr. Kemp understands the desire to have the cities have some ‘skin – in-the-game’. But the City of Little Rock does not, only the property owners have ‘skin-in-the-game’. He questioned whether Mayor Stodola would support a fourth bridge or whether the City would use its capital funds to pay for a bridge. Mr. Kemp noted the various road construction projects around the area and the inconvenience it might cause, but noted this was part of being in an urban area. He closed by asking for a ‘No Vote’ and let the Board of Directors make any Policy decisions. Scott Schallhorn, representing G&H Lighting & Power Solutions, addressed the Commission. He stated he echoed the remarks made by Mr. Kemp. He also understood the need for ‘skin-in-the-game’ but only the property owners had ‘skin-in-the-game’. There is a real life effect due to the uncertainty that will hurt this business. The company needs the equity in the property to help run the business. This will impact the ability of this owner to borrow money to support their business. He asked for a ‘No Vote’. Commissioner Dillon asked if Chester Street was the only choice. Mr. McKenzie, MetroPlan, stated that Mayors Hayes and Stodola had asked for a study of a bridge at Chester Street. The timeframe for such a study should be approximately twelve (12) months and would provide information on impacts of the bridge and project costs. Then once the decision makers have the information a decision to construct the bridge or not could be made. Commissioner Nunnley asked if it was a viable alternative that the City could fund this or both cities. If it is important enough to bind the property owners, then the City should be willing to put up some money. Commissioner Fountain asked about the process to remove. Tony Bozynski, Planning Staff, noted that the Midtown Bridge had been taken off previously. It would be another Master Street Plan Amendment and they generally take a minimum of ninety (90) days. It was noted that even after a 12-month study there might not be a definite answer- still could be unknowns or uncertainties. What about finding a funding source and getting the funds. There was discussion about funding and MetroPlan organization/process for projects. Commissioner Rector noted the Master Street Plan puts encumbrance on properties around the City. He noted the Kanis corridor. He noted he felt there was a need to study the location but did not know that this was the best process. Mr. McKenzie noted that after 50 years of studies there is a need and it would be in the best long term interests of the region to have a fourth bridge. He noted there would be an encumbrance on both sides of the River, but that it would be temporary – twelve months of the study. April 26, 2012 ITEM NO.: D (Cont.) FILE NO.: MSP12-01 8 Commissioner Dillon asked if the ‘Study’ would include where funding sources for the bridge construction are. Mr. McKenzie indicated it would. There was discussion about a 14-month window but on the approval and requiring a second vote to keep it on the Plan. There was a discussion about what North Little Rock had done so far (their Planning Commission has recommended it to their City Council). Commissioner Nunnley stated he liked the idea of sun-setting this (closure). There was more discussion about funding of the study. It was noted that it was not a Federal requirement but a requirement of MetroPlan that it be on the Master Street Plan for funding. Maybe it could be funded one-third by each city and MetroPlan. It was noted that based on the timeline provided for Broadway Bridge by the Highway Department and the timelines discussed for the Chester Bridge, Broadway would be finished before any thing was done with Chester. A motion to recommend to the Board of Directors that without a second positive vote within 14 months, Chester Street would be removed from the Plan. By a vote of 5 for, 4 against, and 2 absent the motion failed. A motion was made to approve the Master Street Plan Amendment as filed. By a vote of 0 for, 9 against, and two absent the item failed. April 26, 2012 ITEM NO.: E FILE NO.: Z-8752 NAME: Chenal Kanis Storage Long-form PCD LOCATION: Located at 15575 Kanis Road DEVELOPER: R. Graham Smith 13503 Kanis Road Little Rock, AR 72211 ENGINEER: Thomas Engineers 3810 Lookout Road North Little Rock, AR 72116 AREA: 7.63 acres NUMBER OF LOTS: 8 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PCD PROPOSED USE: Mini-storage (1 lot – Kanis Rd) and Office (7 lots – Pride Valley Rd) VARIANCES/WAIVERS REQUESTED: 1. A variance from the Land Alteration Ordinance to allow grading within the Phase II portion of the development with the construction of Phase I 2. A variance from Sections 30-43 and 31-210 to allow the drives on Pride Valley Road as proposed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to PCD, Planned Commercial Development, to allow the development of 7.63 acres with seven (7) small office lots fronting on the existing Pride Valley Road and one (1) large lot fronting Kanis Road which will be developed into a self storage facility in phases. April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 2 The proposed office lots will be developed on approximately two (2) acres of the overall tract generally according to the O-1, Quiet Office Zoning District development standards. The request includes the allowance of O-1, Quiet Office District uses as allowable uses for the office lots. A Bill of Assurance will be filed that will require offices constructed on these office lots to be residential style buildings, all brick with roof pitch not less than 6/12. These seven (7) office lots will be located on Pride Valley Road and gain access to Pride Valley Road by only two (2) drive aprons and each lot will be connected with cross parking and drive easements. These seven (7) residential style office lots will serve as a buffer between the proposed self storage facility and the undeveloped land to the south that is presently shown to become a future medium density residential development. The proposed self storage facility will be developed in phases on the northern most five (5) acres of the tract with access from Kanis Road. Phase One of the self storage facility will be developed similar to an existing self storage facility on Wellington Hills Road which was approved by the City utilizing the POD zoning classification. This facility will also be constructed utilizing a brick façade and a “residential” style. A lighted monument sign, ornamental metal fencing and electronic access controls will be utilized. The Kanis frontage will be fully developed with an office and on-site manager’s residence, green space and the north brick façade of a single climate controlled storage building. All of the buildings that are visible from Kanis Road will have matching standing seam metal roofs with at least 6/12 pitch. The remainder of the buildings in Phase One will likely not be visible from Kanis Road and will be constructed of fireproof metal materials with low profile roofs and asphalt drives. Each side of the property will be enclosed with a six (6) foot privacy fence. B. EXISTING CONDITIONS: The property has frontage of Kanis Road and Pride Valley Road. The site is heavily wooded. There is a home located on the site accessed from Pride Valley Road. There is a property to the west of this site zoned PCD which was approved for a plant nursery but has since closed. The property to the east is wooded and zoned O-2, Office and Institutional. Property across Kanis Road is undeveloped and zoned OS, C-3, General Commercial District and O-2, Office and Institutional District. Property to the southeast, along Pride Valley Road is April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 3 developed as a single-family subdivision and the area to the south and southwest is undeveloped R-2, Single-family zoned property. Kanis and Pride Valley Roads are unimproved streets with open ditches for drainage. The property is located outside the City limits of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The property abuts the City limits along Kanis Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site and the Parkway Place Property Owners Association were notified of the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Pride Valley 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. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from the striped centerline. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Pride Valley Road including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from the striped centerline or center of the pavement. 5. 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). 6. 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 April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 4 submitted and approved prior to the start of construction. Is a variance being requested to advanced grade the property without imminent construction? 7. Provide a Sketch Grading and Drainage Plan will be required per Section 29-186 (e). 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. 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. 10. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 11. The minimum finish floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 12. A minimum strip 25 feet wide undisturbed except for reasonable access shall be provided along the stream. The 25 foot strip is measured from the top of the bank. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. 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. 15. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway accessing Kanis Road must be located at least 150 feet from the property line. The driveways accessing Pride Valley Road must be located at least 125 feet from the property line and at least 250 feet of spacing between driveways. The width of driveway must not exceed 36 feet. 16. In accordance with Section 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within 75 feet of the future curb line of the street. 17. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 5 18. Erosion controls must be installed to reduce discharge of polluted stormwater. 19. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 20. 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. 21. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 22. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is outside the service boundary. Sewer service cannot be granted unless annexed into the City of Little Rock or approved by the City Board of Directors to allow sewer service outside the City of Little Rock boundary. 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. The Little Rock Fire Department needs to evaluate this site to determine whether additional public 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 April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 6 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. 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: The site is located outside the City limits of Little Rock but within the planning boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the project and their ability to serve the development. 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: 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 Residential Medium Density (RM) and Park/Open Space (PK/OS) along Rock Creek for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The Park/Open Space category includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. The applicant has applied for a rezoning from R-2 (single family) to PCD (Planned Commercial District) to allow for development of mini-warehousing along Kanis Road and small-lot office along Pride Valley Road. April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 7 Master Street Plan: Kanis Road is a Minor Arterial and Pride Valley Road is a Collector. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. A thirty-foot (30’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 3. On the lot proposing the mini-storages a sixteen-foot wide (16’) land use buffer is required along the eastern and western perimeters of the site; next to the residentially zoned properties. Seventy percent (70%) of these buffers are to remain undisturbed. 4. A forty-five foot (45’) wide land use buffer is required to separate this proposed development from the residential property on the eastern and western perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. The zoning ordinance requires a street buffer averaging forty-five feet (45’) in width along both Pride Valley Road and along Kanis Road and in no case less than half. Currently, a twenty-five foot (25’) wide access easement is shown in this area. The street buffer must be located out of all paved surface areas. 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 eastern and western perimeters of the site. It will be required in all the areas your property is adjoining other property. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 7. An automatic irrigation system to water landscaped areas will be required. April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 8 8. 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. 9. 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: (March 7, 2012) Mr. Olan Asbury and Mr. Graham Smith were present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request. Staff stated the site was located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. Staff noted the site was contiguous to the City limits which would allow the applicant to seek annexation. Staff questioned the proposed signage plan, the number of storage units proposed, the building envelopes for the proposed office development and details of any proposed fencing. Public Works comments were addressed. Staff stated right of way dedication for Kanis Road was required at 45-feet from centerline and on Pride Valley Road 30-feet from centerline. Staff stated the stormwater detention ordinance would apply to the development of the site. Staff stated a minimum strip of 25-feet should be provided along the stream. Staff requested the applicant provide the total height of any proposed retaining walls. Staff also stated the driveway located on Kanis Road did not comply with the typical development standards of Sections 30-43 and 31-210. Staff noted the driveways on Pride Valley Road also did not comply with the typical development standards. Landscaping comments were addressed. Staff stated a 30-foot land use buffer was required to separate the proposed development from the residentially zoned property to the east and west. Staff stated street buffers along Kanis Road and Pride Valley Road were required at 45-feet. Staff stated an automatic irrigation system to water landscape areas was required prior to development. Staff also stated a landscape plan stamped with the seal of a registered landscape architect would be required at the time of development. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 9 H. ANALYSIS: The applicant submitted a revised site plan and cover letter responding to comments raised at the March 7, 2012, Subdivision Committee meeting. The applicant has indicated they will seek annexation to the City of Little Rock prior to beginning construction of the proposed development. The applicant does not anticipate any retaining walls in excess of 15-feet in height. The driveway on Kanis Road has been relocated to comply with the minimum standards of City ordinances (Sections 30-43 and 31-210). The drives on Pride Valley Road do not comply with the typical development standards for driveway spacing. The drives should be located 250-feet apart and have been indicated at 220-feet. Staff is supportive of the drives as proposed. The applicant has provided the proposed signage plan. The office lots are proposed with individual signs not to exceed four (4) feet in height and thirty-two (32) square feet in area. The building signage for each building is proposed with one wall/façade sign not to exceed three (3) feet by six (6) feet. The mini-warehouse development is proposed with a ground sign four (4) feet by eight (8) feet and a total sign area of thirty-two (32) square feet. The sign is proposed as double sided and is a LED reader. Brick columns and a brick base is proposed. The height of the columns will not exceed six (6) feet. Building signage is proposed as a flush mounted sign not to exceed 18 square feet in area or (3.0’ x 6.0’). The general notes on the site plan indicated Phase 1 of the mini-warehouse development will contain 208 units of which 117 units are conditioned storage and 91 are standard units. The future phase includes 400 units of storage. The number of conditioned units and standards units will be determined on a market demand. The site plan indicates the placement of a dumpster within the mini- warehouse portion of the development. The dumpster will be serviced once weekly during normal business hours. The mini-warehouse development is proposed with 24-hour access via a gated keypad entry. The site plan includes an office and on-site manager’s residence. The office development is proposed as a small lot suburban office lot development with lots ranging in size from 0.233 to 0.247 acres. The buildings are proposed containing 2,072 square feet. Each of the lots is proposed containing parking seven (7) to nine (9) parking spaces. The road construction to Pride Valley Road is proposed in phases. The Phase I road improvements are proposed adjacent to Lots 3 – 5. Future development of the road will be tied to development of the office lots. April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 10 The office portion of the development is proposed with a nine (9) foot street buffer along Pride Valley Road. It appears the parking lot can be reduced to sixty (60) feet in width instead of sixty-five (65) feet as presently shown. This will increase the landscape strip and the street buffer width an additional five (5) feet on Pride Valley Road. The land use buffer adjacent to the residentially zoned property along the western perimeter is indicated at a minimum of 15.55-feet on the office portion of the development and 27.95-feet adjacent to the mini-warehouse portion of the development. The area to remain undisturbed adjacent to the mini-warehouse development is 21-feet. The applicant has indicated the screening fence will be placed on the property line. The fence is proposed six (6) feet in height and will be constructed as a good neighbor fence. Staff recommends the proposed fence be located out of all land use buffer areas. With the fence installation tree roots will be damaged and additionally trees will be removed with the installation which reduces the undisturbed buffer area adjacent to the homes. The request includes a variance from the City’s Land Alteration Ordinance to allow grading within the Phase II portion of the development with the development of the Phase I portion. In addition there is a variance from Section 29-190(15) which provides details for grading adjacent to a stream. The ordinance states a minimum strip 25-feet wide, undisturbed except for reasonable access, shall be provided along each side of the streams having a ten-year storm of greater than 150 cubic feet per second. The 25-foot strip shall be measured from the top of the bank. An exception to this requirement is allowed where the only work being done on the site is public street construction. The grading and drainage plan shows all stormwater to drain away from the creek and the 25-foot buffer strip. The site plan includes grading within the undisturbed area. Staff recommends to mitigate the grading activities the will applicant plant a minimum of two rows of trees four feet between the rows, staggered not more than 30-feet on centers. The tree planting should be native species. The hardwood trees planted should be a minimum of three inch caliper trees. Staff is not supportive of the request. The site is presently zoned R-2, Single-family and is shown as Residential Medium Density on the City’s future land use plan. The zoning pattern in the area has limited the commercial uses more to the west of the creek and nearer the intersection of Kanis Road and Chenal Parkway. Staff has generally felt this area should be maintained as residential or suburban office type uses allowing this area to buffer the more intense uses along the Parkway. The applicant’s request is typically allowed as a C-4, Open Display District use. These uses are typically not compatible with April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 11 single-family. The C-4, Open Display District is typically intended to serve the motoring public and are usually characterized by a high volume of vehicular ingress and egress. The zoning district states the more appropriate locations for these type uses are along heavily traveled major traffic arterials. Staff does not feel this is an appropriate location for a mini-warehouse development. I. STAFF RECOMMENDATION: Staff recommends denial of the 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 failed to provide proper notice of the public hearing as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the April 26, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (APRIL 26, 2012) Mr. Graham Smith and Mr. Olan Asbury were present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Smith introduced all the persons present representing the request. He stated Mr. Olan Asbury would present the merits of the request. He stated also present were Ernie Peters of Peters and Associates, the traffic engineer and Mr. Thomas Pownall of Pownall Engineering, the Civil Engineer. He stated all were available for questions by the Commission. Mr. Olan Asbury addressed the Commission on the merits of the request. He stated he represented a number of self-storage facilities in the area. He stated the development was proposed as a seven (7) acre mixed use development with office and self storage. He stated the office development was proposed on two (2) of the seven (7) acres. He stated the office lots would be roughly 7,000 square foot lots with a maximum building footprint of 2,000 square feet. He stated the drives on Pride Valley Road were limited to two (2) accesses. He stated the office lots would be developed with cross access and April 26, 2012 ITEM NO.: E (Cont.) FILE NO.: Z-8752 12 cross parking agreements. Mr. Asbury stated both the office and self storage facility would be developed in phases. He stated there would be approximately 200 units of self storage developed in the first phases both in conditioned and unconditioned space. Mr. Asbury stated self storage facilities were not high volume traffic generators. He stated the low impact of the self storage facility would act as a buffer between the proposed medium density residential along Asbury Road. He stated he felt self storage facilities were mislabeled in the zoning ordinance. He stated seventy percent of the self storage facilities were located in residential areas. He stated the service area for a self storage facility was approximately two (2) miles. He stated the development had received a number of letters in support of the request from area business owners and residents. He stated a self storage facility would not generate near the amount of traffic as a multi-family development or an office development contained within the seven (7) acres. Ms. Ruth Bell of the League of Women Voters addressed the Commission in opposition of the request. She stated her association with self storage facilities did not lend her to believe they were low impact developments or low traffic generators. She stated the long range plan did not include commercial for this area. She stated the request was to rezone the property from R-2, Single-family to a C-4, Open Display District. She stated the rezoning of the property to commercial would have an impact on Pride Valley and Kanis Roads. She stated when the rezoning was being considered for the office property to the south there were a number of residents appearing before the Commission in opposition to the request stating traffic as a concern. She requested the Commission refuse the request. Mr. Asbury responded stating self storage facilities were low impact, low volume traffic generators. He stated there was an area between Kanis Road and the office development to the south shown on the future land use plan as residential medium density. He stated with the existing zoning in the area the area would not develop as residential. He stated the self storage facility would act as a buffer between the existing and future residential uses and the more intense commercial uses on the parkway. There was limited discussion by the Commission on the request. The chair entertained a motion for approval of the item including all staff comments in paragraphs D, E and F of the agenda staff report except that of denial. The motion carried by a vote of 7 ayes, 2 noes and 2 absent. April 26, 2012 ITEM NO.: F FILE NO.: Z-7131-C NAME: Vallon Long-form PD-R LOCATION: Located at 16509 Chenal Valley Drive DEVELOPER: The View at Emerald Pointe LLC 10 Bernay Drive Little Rock, AR 72211 ENGINEER: McGetrick and McGetrick Engineers 10 Otter Creek Court, Suite A Little Rock, AR 72210 AREA: 5.296 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 ALLOWED USES: Multi-family 24 units per acre PROPOSED ZONING: PD-R PROPOSED USE: Existing condo building and 36 units of duplex housing VARIANCES/WAIVERS REQUESTED: A variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development BACKGROUND: Ordinance No. 18,647 adopted by the Little Rock Board of Directors on February 19, 2002, rezoned the site from MF-24 to PRD (Planned Residential Development), which would allow the applicant to develop the site as a multi-family development with an 8.33 units per acre density. The development was proposed with ten buildings of upper-end, low-density rental residences tailored to empty nesters, families waiting for homes to be constructed and business people living away from home for an extended period of time. A total of 80 units were proposed with the development. Each of the units was to have a garage unit, 12 garage spaces were proposed in a detached structure and 79 surface parking spaces were proposed. April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 2 On January 20, 2005, the Little Rock Board of Directors adopted Ordinance No. 19,274 revoking the PD-R zoning and restoring the previously held MF-24 district zoning classification. The applicant indicated the proposed apartment development would not be constructed on the site as proposed. On September 14, 2006, the Little Rock Planning Commission approved a Subdivision Site Plan review for this property. The request included the development of a site containing 15.0 acres with 168 condominium units contained in eleven (11) buildings. The development was proposed as a gated community with a six (6) foot ornamental fence along the perimeter of the site. The development was approved in phases with each of the eleven (11) buildings being developed in a separate phase. The clubhouse, one condominium building and some parking have been constructed. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to rezone the site from MF-24 to PD-R to allow the development of 9.29 acres with a 36 unit duplex housing development contained on a single lot. In addition to the duplexes the PD-R will include the single condominium building and the existing clubhouse which were previously constructed. The access drive to serve the development will also be included in the common area. A property owners association will be created to establish the care and maintenance of all the common areas including the private drive. The units are proposed with a front setback of ten (10) feet and a rear yard setback of ten (10) feet. There will be a minimum of ten (10) feet between each of the proposed buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and be one and two story units. The maximum building height proposed is 36-feet. The development is proposed in phases. There will be ten (10) units constructed in the first phase and the remaining 26 units constructed in the second phase. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development with the installation of the basic infrastructure for the development. The applicant has indicated excess dirt on site will be moved to fill low areas without construction being imminent within those areas. B. EXISTING CONDITIONS: Site development for the condominium units was previously initiated. One building, the clubhouse and pool area were constructed. The remainder of the site is heavily wooded and undeveloped. Adjacent properties to the south, zoned April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 3 MF-24 and west, zoned O-2 are also heavily wooded. The area to the east is developing as a retirement village with a nursing home, assisted living facility and an elderly multi-family apartment development currently under construction. Other uses in the area along Chenal Valley Drive include Ashbury Apartments to the south, near Rahling Road and a City of Little Rock Fire station to the northwest, near Chenal Parkway. Single-family residences are located to the north of the site, on LaMarche Drive in the LaMarche Subdivision of Chenal Valley. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site were notified of the public hearing. There is not a registered neighborhood association in this area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Sidewalk and curb damaged from previous phase of construction must be repaired prior to issuance of grading permit. 2. 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. 3. A construction entrance is not allowed to used at the present location east of the site. Access should be taken from the permanent driveway into development and the existing construction entrance restored. 4. Stormwater detention ordinance applies to this property. 5. 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. 6. Secondary access must be provided if more than 30 units or lots are in the development. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 4 8. 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. 9. Is a variance being requested to advance grade the site? E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: The existing 8-inch water main running to 100 Vallon Court is private. Central Arkansas Water will have to evaluate the use of this main for the development as well as possibly converting it to a public main. 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. Please submit plans for water facilities 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. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. 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. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). A Capital Investment Charge based on the size of meter connection(s) will apply to this development. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20-feet. For developments with more than 30 lots there must be two ways to enter/exit the subdivision. Contact the Little Rock Fire Department for additional information. April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 5 County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Residential High Density (RH) for this property. The Residential High Density category accommodates residential development of more than twelve (12) dwelling units per acre. The applicant has applied for a rezoning from MF-24 (Multifamily 24 units per acre) to PDR (Planned Development Residential) to allow for the construction of duplexes. Master Street Plan: Chenal Valley Drive 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 is a Class III, Bike Route, proposed along Chenal Valley Drive. Bike Routes require no additional right-of-way or pavement markings, but signage to identify and direct the route. Landscape: No comment on this two-family development. G. SUBDIVISION COMMITTEE COMMENT: (January 25, 2012) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the application stating there were a few outstanding technical issues associated with the request. Staff stated a secondary means of access was to be provided for subdivisions containing more than 30 single-family lots. Mr. McGetrick stated he would review the topography of the site to determine the best placement of the secondary access. Public Works comments were addressed. Staff stated due to sight distance concerns the existing construction drive was to be removed. Mr. McGetrick questioned if this location could be used as the secondary access. Staff stated there was not as much concern for sight distance for the emergency access as for trucks entering and exiting the site on a more frequent basis during the development of the subdivision. Staff questioned if there would be a land April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 6 alteration variance associated with the development of the subdivision. Mr. McGetrick stated it was possible there would be some grading outside the area proposed for streets and drainage. He stated he would review the areas that would need to be cut or filled prior to development of the lots and seek a variance for those areas. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. SUBDIVISION COMMITTEE COMMENT: (March 7, 2012) Mr. Pat McGetrick of McGetrick Engineers was present representing the request. Staff stated the Committee had reviewed a site plan at their January 25th Subdivision Committee meeting for a single-family development. Staff stated the current request was for duplex housing. Staff stated they had routed the proposed site plan to the various agencies for comment. Staff stated for the most part the comments had remained the same as with the previous development. Public Works comments were addressed. Staff stated the secondary access had been included on the proposed plan. Staff stated at the time of construction the existing construction access to the site should be removed. Staff questioned if there were variances from the City’s Land Alteration Ordinance being request. Mr. McGetrick stated the development would require a variance from the City’s Land Alteration Ordinance to allow excess dirt on the site to be shifted to low areas. 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 few outstanding technical issues associated with the request in need of addressing raised at the March 7, 2011, Subdivision Committee meeting. The request is to rezone the site from MF-24 to PD-R to allow the development of 9.29 acres with a 36 unit duplex housing. The development will be contained on a single parcel which will include the homes, the previously constructed condominium building and the clubhouse and pool facility. The 45-foot private access easement will also be contained within the tract. According to the applicant there will be a property owners association created for the care and maintenance of the common areas. April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 7 The units are proposed with a front setback of ten (10) feet and a rear yard setback of ten (10) feet. There will be a minimum of ten (10) feet between each of the proposed buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and be one and two story units. The maximum building height proposed is 36-feet. The development is proposed in phases. There will be ten (10) units constructed in the first phase and the remaining 26 units constructed in the second phase. Each of the units is proposed with a two car garage. There is adequate space to allow for a car to be parked in the driveway and not obstruct the flow of traffic on the private access easement. Based on the width of the access easement and the pavement width (25-feet), street parking will be limited to one side of the street. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the Phase I development with the installation of the basic infrastructure for the development. The applicant has indicated excess dirt on site will be moved to fill low areas within the Phase II area without construction being imminent within this area. Staff is supportive of the request. Staff does not feel the rezoning of the site to allow the placement of duplex housing as proposed will have a significant impact on the development or the area. Within the area there is a mixture of housing types. The addition of the duplexes allows for an addition to the existing variety of housing types within 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 for the City’s Land Alteration Ordinance to allow grading within the Phase II area of the site with the development of Phase I. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated January 30, 2012, requesting deferral of the item to the March 29, 2012, public hearing. Staff stated they were supportive of the deferral request. April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 8 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. PLANNING COMMISSION ACTION: (MARCH 29, 2012) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had requested a deferral of the item on March 29, 2012. Staff stated the applicant was seeking to defer the item to the April 26, 2012, Public Hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. 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 late deferral request. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 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: The applicant submitted a revised site plan to staff increasing the number duplex units from eighteen (18) buildings or thirty-six (36) units to twenty (20) buildings or forty (40) units. The development will remain as a single tract containing the existing condominium building, poolhouse, park and common space and the proposed new duplex buildings. The development is proposed in two (2) phases. There are twelve (12) units proposed in the Phase 1 portion of the development and twenty-eight (28) units in the Phase 2 portion. A variance from the City’s Land Alteration ordinance is being requested to advanced grade within the Phase 2 portion of the development with the installation of the infrastructure of the Phase 1 portion of the development. The applicant has indicated excess dirt on site will be moved to fill low areas within the Phase 2 area without construction of the buildings being imminent within this area The site plan indicates the open space area within the development is 3.17 acres or 34.09 percent. The site plan indicates a 10-foot front and rear building setback. A minimum of ten (10) feet is indicated between the buildings. There are three (3) floor plans proposed. The units will range from 2,000 square feet to 2,800 square feet and April 26, 2012 ITEM NO.: F (Cont.) FILE NO.: Z-7131-C 9 be one and two story units. The maximum building height proposed is 36-feet. Each of the units is proposed with a two (2) car garage. Although there is a ten (10) foot front building setback along the private drive there is adequate space to allow a car to park in the driveway and not obstruct the flow of traffic on the private access easement. Based on the width of the access easement and the pavement width (25-feet), street parking will be limited to one side of the street. Staff is supportive of the request. Staff does not feel the rezoning of the site to allow the placement of duplex housing as proposed will have a significant impact on the development or the area. The original development allowed a total of eighty (80) units within this area. Within the area there is a mixture of housing types. The addition of the duplexes allows for an addition to the existing variety of housing types within the area. 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 for the City’s Land Alteration Ordinance to allow grading within the Phase 2 area of the site with the development of Phase 1. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There was one registered objector present. Chairman Ferstl stated he was recusing from discussion and voting on the item and turned the meeting over to Vice-chair Rector. Vice-chair Rector stated there were presently eight (8) Commissioners present. He stated it was the practice of the Commission when there were eight (8) or fewer Commissioners present to vote on an item the Commission offered the applicant the option of deferral. Ms. Carla Spainhour requested a deferral of the item due to the number of Commissioners present. Staff stated the item would be placed on the Commissions June 21, 2012, agenda. There was no further discussion of the item. The chair entertained a motion for approval of the deferral request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 recusal (Commissioner JT Ferstl). April 26, 2012 ITEM NO.: G FILE NO.: Z-8728 NAME: Worsham Short-form PCD LOCATION: Located at 910 East 9th Street DEVELOPER: Melvin Worsham P.O. Box 774 Little Rock, AR 72203 SURVEYOR: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.225 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: Retail PROPOSED ZONING: PCD PROPOSED USE: Auto repair and sales VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to rezone the site from C-3, General Commercial District to PCD to allow the use of an existing building as auto repair. The applicant is also requesting to be allowed to sell automobiles from this site. The property is located within the Presidential Park Design Overlay District which requires all uses to be located indoors. The applicant has indicated the hours of operation are from 7 am to 7 pm Monday through Saturday. The site plan indicates the placement of a four (4) foot by eight (8) foot wall sign on the front façade of the building. Lettering will April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 2 also be placed on the front windows not to exceed 12” by 5’6”. No ground signage is proposed with the development. B. EXISTING CONDITIONS: This area contains a variety of uses. West of the site is an auto detail shop. South of the site is a pharmacy and an unmanned fueling station. East of the site are single-family and multi-family units located on East 9th and Byrd Street. There is a Regions branch bank located at the intersection of East 9th and Collins Street. To the north of the site is A & P Printing, a sign company and a hotel. Further east of the site are office and residential uses and a metal scrap yard. There is also a drive-thru liquor store. The property immediately west of this site has a bill board along the common property line with this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational requests from area property owners. All property owners located within 200-feet of the site along with the Hanger Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 3 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 if additional fire protection or metered water service is required. 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 the 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 RPZ assembly, successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: 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 located near CATA Bus Route # 20 – the College Station route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Interstate 30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. The applicant has applied for a rezoning from C-3, General Commercial to PCD (Planned Commercial Development) to allow for the auto repair and sales business with outdoor sales. The site is within the Presidential Park Design Overlay District. April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 4 Master Street Plan: 9th Street 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: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Staff recommends installing two (2) interior islands that are seven and a half feet in width (7 ½’) and a minimum of one hundred fifty square feet (150) in area. These islands will also help with vehicular circulation. G. SUBDIVISION COMMITTEE COMMENT: (December 8, 2011) Mr. Larry Worsham was present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff questioned the number of automobiles that would be available for sale. Staff also questioned the number of employees and the days and hours of operation. Staff questioned if there would be a dumpster located on the site. Staff also questioned if there would be any upgrades to the site including removal of paving and the installation of landscaping. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk in disrepair would require replacement prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated a landscape upgrade would be required if the rehabilitation of the structure exceeded fifty percent of the current replacement value of the building. Staff stated curb and gutter would be required to separate landscaped areas from parking. Staff recommended two (2) landscape islands a minimum of one hundred fifty square feet in area be installed to aid in vehicular circulation. April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 5 H. ANALYSIS: The applicant submitted a revised response to comments raised at the December 8, 2011, Subdivision Committee meeting. The applicant has indicated no exterior improvements are being proposed with the rezoning request. The applicant has indicated all work will be interior and for the most part cosmetic repairs. The applicant has indicated no additional landscaping will be installed and there will not be a dumpster located on the site. The applicant has indicated building signage on the front façade not to exceed 18 square feet in sign area. The front has a total façade area of 662 square feet. Sign coverage is less than three (3) percent. No ground signage has been requested. Section 36-420 states signage in the Presidential Park DOD is allowed per the base zoning classification except for the first two floors may be allowed awning valances where appropriate but are not to exceed six (6) square feet of the valance, neon illumination is permitted if channelized, letters can not exceed 30-inches in height and window signs may not cover more than 25 percent of each glass panel. The base zoning is C-3, General Commercial District which could allow the auto repair as a Conditional Use Permit but does not permit auto sales even as a conditional use permit. The request also includes the allowance of automobile sales. Section 36-416 states the permitted uses are all uses in the base zone classification and outdoor, on-premise, seating areas for dining in the UU areas. Although the ordinance does not specifically state all uses are to be enclosed the intent of the ordinance is that there be no outdoor display of merchandise, thus the need for the rezoning to a PCD. The applicant has indicated a maximum of five (5) automobiles will be on site for sale at any given time. The request includes the allowance of maintaining C-3, General Commercial District uses as allowable uses for the site. The building is a 50-foot by 80-foot metal building. The site has five (5) marked spaces in the front of the building. The entirety of the site is paved with the exception of a small area along the western side of the building extending to the back alley. Two (2) additional parking spaces have been used off the alley. The proposed use of the building as automotive services (service station, garages, automobile washing facilities and similar uses), typically require five (5) spaces plus one (1) space per two hundred fifty (250) square feet of gross building area. The auto repair would typically require the placement of 21 parking spaces to serve a 4,000 square foot building. Parking for the five (5) vehicles for sale is also needed. The applicant has indicated there will be a maximum of two (2) employees and all waste materials removed from the vehicles will be stored indoors. The April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 6 applicant has indicated there are service bays for five (5) automobiles. Access to the building is from the rear, off the alley. The request is for automobile repair and sales. The site plan indicates a maximum of seven (7) on-site parking spaces. The applicant has indicated two (2) employees and five (5) automobiles for sale. Based on information provided by the applicant and the typical development standards for this use there is not sufficient parking to allow the use and space for customer parking. The purpose and intent of the Presidential Park Overlay is to create a quality vital atmosphere for businesses and residents. Buildings, parking areas, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. The ordinance states guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district. Although there are existing businesses in the area which have outdoor activities one being a detail shop and a scrap metal yard these uses were in place prior to the adoption of the Presidential Park DOD. The DOD is put in place so that as properties are redeveloped they do so in a manner which is beneficial and in keeping with the Overlay standards. Based on the limited available parking and the development not being in keeping with the Presidential Park DOD staff is not supportive of the request. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the March 29, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 7 PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had indicated a modification to their request which would substantially change the parking requirement for the site. Staff requested a deferral of the item to the April 26, 2012, public hearing to allow staff and the applicant to meet and develop a workable parking plan for the site. 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 9 ayes, 0 noes, 1 absent and 1 recusal (Troy Laha). STAFF UPDATE: Staff met with the applicant to review the proposed amendment to the request and review the applicant’s proposed parking plan. The applicant is no longer requesting to sell automobiles from the site. The request is for automobile repair only. All automobile repairs are to take place within the building. There is to be no outdoor storage of vehicle parts, waste tires, fluids or inoperable vehicles for an extended period of time. To address staff’s concerns related to the redevelopment of the site the applicant has agreed to install landscaping along East 9th Street and along the eastern and western perimeter. All areas to be landscaped will require the removal of asphalt and the installation of top soil to encourage healthy growth of the newly planted material. The depth of the paved area is 45-feet from East 9th Street to the front of the building. Based on the depth from the right of way to the front of the building even with the removal of the paving there is adequate room for maneuvering. Along East 9th Street there is an existing grass strip five (5) feet wide within the right of way. An additional three (3) feet of paving is to be removed from this area to increase the planting strip to eight (8) feet. Within this area one (1) tree and a minimum of eight (8) shrubs are to be installed. All shrubs are to be a minimum of 18-inches in height at the time of planting. Trees are to be a minimum of 3-inches in caliper, as measured at breast height, at the time of planting. The landscape area located within the right of way will require a franchise agreement with the City. Along the eastern perimeter the applicant is to remove a strip of asphalt to five (5) feet from the property line and twenty (20) feet in depth (north and south). Within this area the applicant is to install a minimum of six (6) shrubs. The shrubs are to be a minimum of 18-inches at the time of planting. Along this perimeter to the rear of the property there appears to be a two (2) foot landscape strip which currently contains grass. Staff recommends the applicant install shrubs within this area to enhance the site. April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 8 Along the western perimeter the applicant is to remove a strip of asphalt seven (7) feet wide and twenty (20) feet in depth (north and south). Within this area the applicant is to install one (1) tree, a minimum of 3-inches in caliper, as measured at breast height, at the time of planting and eight (8) shrubs, which are to be a minimum of 18-inches at the time of planting. There are five (5) parking spaces in front of the building and there is a paved drive located along the eastern side of the building. Within this area there is room to stack four (4) automobiles. Within the shop area there appears to be room for six (6) automobiles. Along the rear of the building there is room for three (3) additional vehicles. The area behind the building is located off a functioning alley. The parking area is not paved. Staff recommends should the applicant utilize this area for parking of vehicles paving be added. In the previous analysis staff stated an automotive repair shop would require the placement of 21 parking spaces to serve the development based on the typical standards of the zoning ordinance. In the previous analysis staff had not considered the storage area within the building and did not consider the stacking of automobiles within the drive on the eastern side. There are twenty (20) parking spaces to serve the use. Based on the existing plan staff is supportive of the development. In the previous analysis staff did not address the working on vehicles outdoors or the storage of parts outside. There is to be no working on vehicles outside the building. All materials and parts are to be stored within the building. Staff recommends approval of the revised request based on the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant install the landscaping as noted above within 30 days of the adoption of the ordinance by the Little Rock Board of Directors rezoning the site to PCD. Staff recommends the area behind the building be paved if the applicant uses this area for parking of vehicles. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating they had met with the applicant to review the proposed amendment to the request and review the applicant’s proposed parking plan. Staff stated the applicant was no longer requesting to sell automobiles from the site. Staff stated the request was to allow automobile repair only. Staff stated all automobile repairs were to take place within the building. Staff stated there was to be no outdoor storage of vehicle parts, waste tires, fluids or inoperable vehicles. Staff stated there was to be no working on vehicles outside the building. Staff stated to address their concerns related to the redevelopment of the site the applicant had agreed to install April 26, 2012 ITEM NO.: G (Cont.) FILE NO.: Z-8728 9 landscaping along East 9th Street and along the eastern and western perimeters. Staff stated based on the existing plan they were supportive of the redevelopment. Staff presented a recommendation of approval of the revised request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the applicant install the landscape as noted in the staff update within 30 days of approval of the rezoning by the Little Rock Board of Directors. Staff presented a recommendation the area behind the building be paved if the applicant used the area for parking of vehicles. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The item was placed on the Commission’s Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: 1 FILE NO.: Z-8301-B Owner: F. C. Grass Farms, LLC Applicant: Tim Daters, White-Daters and Associates Location: North side of Valley Ranch Drive, west of Patrick Country Road Area: 6.0965 Acres Request: Rezone from MF-12 to O-3 Purpose: Future office development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned MF-12 South – Nursing home and undeveloped property (across Valley Ranch Drive); zoned O-3 East – Undeveloped property (across Patrick Country Road); zoned R-2 and PD-R West – Undeveloped property; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifics that Valley Ranch 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 design of street conforming to the Master Street Plan. Construct one-half street improvements to Valley Ranch Drive including 5-foot sidewalks with planned development. 3. Patrick Country 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. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to Patrick Country Road including 5-foot sidewalks with planned development. April 26, 2012 ITEM NO.: 1 (Cont.) FILE NO.: Z-8301-B 2 5. The Master Street Plan shows Patrick Country Road to be a collector street. Patrick Country Road and Valley Ranch Drive must intersect at a 90 degree angle or by a round-a-bout. If Patrick Country Road is proposed to end prior to the connection with Valley Ranch Drive a permanent turn around must be provided on Patrick Country Road. 6. If terminated, the street name of Patrick Country Road cannot continue to the north. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the Aberdeen Court Neighborhood Association and Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Pinnacle Planning District. The Land Use Plan shows Office (O) and Residential High Density (RH) for this property. The Office category provides for services directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The Residential High Density category accommodates residential development of more than twelve (12) dwelling units per acre. The request is along the boundary of these two categories. The applicant has applied for a rezoning from MF-12 (Multi-Family) to O-3 (General Office) for future development/use. Master Street Plan: Valley Ranch Drive is a Local Street on the Master Street Plan. A Local Street is to provide access to adjacent property. Local Streets abutting non-single family zoning are considered Commercial Streets. Commercial Streets have a design standard the same as a Collector. 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. April 26, 2012 ITEM NO.: 1 (Cont.) FILE NO.: Z-8301-B 3 E. STAFF ANALYSIS: F. C. Grass Farms, LLC, owner of the 6.0965 acre property located on the north side of Valley Ranch Drive, west of Patrick Country Road, is requesting to rezone the property from “MF-12” Multifamily District to “O-3” General Office District. The rezoning is proposed to allow future office development of the property. The property is currently undeveloped and tree covered. The property has varying degrees of slope. Valley Ranch Drive runs along the south boundary of the property and currently “stubs out” near the east-west center of the property. Valley Ranch Drive will intersect with Patrick Country Road in the future. A nursing home/rehab center is located to the south across Valley Ranch Drive. Undeveloped O-3 zoned property is also located to the south. The property to the north is undeveloped and zoned MF-12. Undeveloped property, zoned R-2 and PD-R, is located across Patrick Country Road to the east. A single family home on a large R-2 zoned acreage tract is located to the west. There is a mixture of uses further south along Cantrell Road. The City’s Future Land Use Plan designates this property as “O” Office and “RH” Residential High Density. The proposed rezoning to O-3 does not require a change to the Land Use Plan. Staff is supportive of the requested O-3 rezoning. Staff views the request as reasonable. The property is relatively shallow from north to south (approximately 250 feet), and the proposed O-3 zoning will allow smaller office development(s). This same owner also owns 15.65 acres of O-3 zoned property to the south (along the west side of Patrick Country Road) which is being proposed for PD-R rezoning for patio home development. This PD-R will be on the May 10, 2012 Planning Commission agenda. Therefore, the applicant is simply proposing to move a portion of the O-3 zoning to the north. Staff believes rezoning this property to O-3 will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-3 rezoning. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: 2 FILE NO.: Z-3371-OO NAME: Crain Automobile Dealership – Conditional Use Permit LOCATION: #11 Colonel Glenn Plaza Drive OWNER/APPLICANT: Crain Investments, LP/White Daters and Associates PROPOSAL: A conditional use permit is requested to allow a new automobile sales dealership on this undeveloped, 7.64 acre, C-2 zoned tract. 1. SITE LOCATION: The property is located on the north side of Colonel Glenn Road, west of I- 430, at the end of Colonel Glenn Plaza Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the developing commercial node around the Colonel Glenn/I-430 Interchange. Many newer businesses have developed in the area, including several automobile sales businesses. The area around this site is currently undeveloped. New retail and restaurant uses have recently been approved for development south of the site. The proposed use is compatible with the uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The site is proposed to contain 560 parking spaces to be divided for use between customer parking, service parking and product display. Two driveways will provide access to Colonel Glenn Plaza Drive. The truck delivery route is indicated directly in front of the building. No loading or off-loading of vehicles will occur in the public right-of-way. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s Landscape and Buffer Ordinance requirements. Previous comments apply. Building landscaping will be required. April 26, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-OO 2 There is an area of fifty-six (56) consecutive parking spaces along the eastern perimeter of the site. These areas need to have interior landscape islands added. The islands need to be a minimum of three hundred (300) square foot in area. There is an area of twenty-five (25) and twenty-three (23) consecutive parking spaces along the eastern perimeter of the site. These areas need to have interior landscape islands added. The islands need to be a minimum of three hundred (300) square foot in area. A thirty foot (30) landscaped buffer is required abutting the Interstate right- of-way. The Landscape Ordinance requires a minimum of 8% of the paved areas be landscaped with interior islands of at least seven and one-half (7 ½) feet in width and three hundred (300) square feet in area. Islands must be evenly distributed throughout the site. Prior to the issuance of a building permit a landscape plan must be approved and must obtain the seal of a licensed Landscape Architect. An automatic irrigation system to water newly landscaped areas will be required. 5. PUBLIC WORKS COMMENTS: 1. A temporary turnaround with at least an eighty (80) foot diameter must be provided at the end of the constructed street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 5. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. April 26, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-OO 3 6. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 7. In accordance with 31-210 (h)(12), access driveways running parallel to the street shall not create a four-way intersection within seventy- five (75) feet of the future curb line of the street. 8. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 9. 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. 10. 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. 11. Provide a Sketch Grading and Drainage Plan as per Section 29-186 (e). 12. Loading and off-loading of vehicles is not permitted within City right- of-way. 13. All previous conditions from the preliminary plat approval apply if not changed by this application. 14. A grading permit in accordance with Section 29-186 (e) 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. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Ten (10) foot UG easement required around entire perimeter. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. April 26, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-OO 4 Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) 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 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Install Fire hydrant (Per Code); maintain access at twenty (20) foot wide; two ways to Exit and Enter subdivision. County Planning: No Comments. CATA: The site is not located on a CATA bus route. April 26, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-OO 5 SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2012) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was advised to provide a signage plan, to describe the type of vehicle service proposed to occur in the service area and to describe the landscape treatment of the hillside cut and terraces on the rear (east) of the site. Public Works, Landscape and Utility Comments were noted. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: On October 2, 2008, the Commission approved Crain Dealership conditional use permit to allow an automobile dealership on this unrecorded tract. The proposal included a 31,700 square foot building and 554 parking/display spaces on 6.5 acres. That CUP has expired. The applicant is now requesting approval of a new CUP to allow the automobile sales business. The proposal includes a 49,400 square foot building and 560 parking/display spaces on 7.64 acres. The property was cleared and leveled under a previously approved advance grading permit. The building will have an exterior finish of glass and metal. Uses within the building include sales offices, showroom and service areas. Service will consist of typical auto prep and repairs; excluding body work. Days and hours of operation are proposed as 6:00 a.m. to midnight, six days a week. The dumpster location and screening have been indicated near the rear of the site. Signage will be that typically allowed in commercial zones. A variance is requested to allow the business name and two logos to be located on the south side of the building, without direct street frontage. A 6 foot tall, black chain-link fence will be erected around a portion of the parking area directly behind the service area. No other fencing is proposed. A truck delivery route has been indicated in the parking lot/drive in front of the building. No vehicle unloading will take place in the public right-of-way. All lighting will be shielded downward, into the site. As was previously noted, the site was cleared and graded under a previously approved land alteration variance. The 30-foot wide interstate buffer area was cleared and terraced. This area will be landscaped to comply with the landscape ordinance requirements, including the installation of evergreen plantings. April 26, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-3371-OO 6 To staff’s knowledge, there are no outstanding issues. The proposed use is compatible with uses and zoning in the area. There is not much difference between this current proposal and that previously approved by the Commission in 2008. There is no bill of assurance for this unrecorded tract. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. There is to be no vehicle transport loading or unloading in the public right-of- way. Staff recommends approval of the variance to allow the business name and two logo signs on the south façade of the building, without direct street frontage. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: 3 FILE NO.: Z-5991-D NAME: Kaufman By Design Hardware and Home Center – Conditional Use Permit LOCATION: 600 Wellington Hills Road OWNER/APPLICANT: Winrock Development Co./ White Daters and Associates PROPOSAL: A conditional use permit is requested to allow a hardware store and home center on this undeveloped, C-1 zoned, 4.4 acre tract. 1. SITE LOCATION: The site is located north of Chenal Parkway, on the west side of Wellington Hills Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses, where the uses begin to transition from nonresidential to the Wellington Residential Neighborhood. Undeveloped O-3 and O-1 zoned properties are located to the south and east. The C-1 zoned property to the north contains a broadcast facility. A mini-warehouse development is adjacent to the west. Multifamily and churches are located to the north and the Wellington Neighborhood extends beyond to the north. Uses along the parkway to the south include an automobile dealership, a pharmacy, a restaurant and an auto service business. All activities associated with this proposed hardware store – home center are to occur entirely within the enclosed buildings. Staff believes the proposed use is compatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Wellington Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the site will be via two driveways off of Wellington Hills. One north driveway is designed as a shared driveway with the lot adjacent to the north. The site will contain a total of 77 parking spaces. A loading area is shown behind the front building. The lumber storage area to the rear is designed with a pass through driveway for customer loading within the building. April 26, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-5991-D 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The zoning street buffer ordinance requires an average forty-three (43) foot street buffer along Wellington Hills Road and in no case to be less than half. The Landscape Ordinance requires a nine (9) foot wide perimeter landscape strip around the site’s entirety. A variance from this minimal ordinance requirement must be approved by the City Beautiful Commission prior to the issuance of a building permit. It appears a small section along the northwestern perimeter isn’t meeting this minimal ordinance requirement. A small amount of building landscaping will be required. Prior to the issuance of a building permit a landscape plan must be approved and must obtain the seal of a licensed Landscape Architect. An automatic irrigation system to water newly landscaped areas will be required. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. At time of development, sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 2. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The south driveway is required to be located one hundred fifty (150) feet from the property line. A variance must be requested from the driveway spacing requirements. April 26, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-5991-D 3 4. At time of development, repair ore replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. A grading permit in accordance with Section 28-186 (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. 6. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 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. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 9. 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. 10. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 11. At time of development on site striping and signage plans should be forwarded to Public Works. Traffic Engineering for approval with the site development package. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. April 26, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-5991-D 4 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 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 (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Install Fire hydrants (Per Code); maintain access at twenty (20) foot wide. County Planning: No Comments. CATA: The site is not located on a CATA bus route. April 26, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-5991-D 5 SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2012) Joe White and Tom Cole were present representing the application. Staff presented the item and noted some additional information was needed; including a signage plan, information on building design, fencing and dumpster location. Staff noted outdoor display and storage were prohibited in C-1. Staff also noted the variance to allow a use to exceed 10,000 square feet in area. Public Works, Landscape and Utility Comments were noted. Staff stated they would support a driveway spacing variance to allow the southern driveway, as proposed. The applicant stated the project could be pulled back from the street to provide the required 43 foot street buffer. The applicant was advised to submit responses to staff issues by April 11, 2012. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The undeveloped C-1 zoned property located at 600 Wellington Hills Road is comprised of two tracts totaling 4.40 acres, more or less. A conditional use permit is requested to allow for development of the site for Kaufman By Design Hardware and Home Center. The proposal includes one building housing the hardware store and a design area and office which are permitted by right in C-1. The business also includes elements of a home center; including lumber and building material sales. A separate building at the rear of the site will accommodate lumber and building material storage. It is the additional home center aspect of the use that requires the conditional use permit. The principal building will be one-story in height and will contain a total of 17,500 square feet divided into a 10,000 square foot hardware store, a 5,000 square foot design area and a 2,500 square feet office. The front façade and a portion of the sides wrapping around the building will have a finish of brick, rock and E.I.F.S. The rear portion of the building will have a metal exterior. The flat roof will be screened on the front by a parapet extension of the front façade. The enclosed lumber storage building at the rear will initially contain 10,000 square feet with an additional 10,000 square feet to possibly be added in the future. That building will have a metal exterior. Doors on either side of the building will accommodate customer loading which will take place entirely within the building. Access to the site is via two driveways off of Wellington Hills Road. One driveway is designed as a shared driveway with the tract adjacent to the north. April 26, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-5991-D 6 The second driveway on the south side is located less than 150 feet from the property line. Staff supports a variance to allow the driveway as indicated. A total of 77 parking spaces are located on the site. The dumpster locations have been indicated near the lumber storage building. Signage will consist of wall signs on the front façade of the building and a single, monument style ground sign; 8 feet in height and 100 square feet in area. No fencing is proposed. Days and hours of operation are proposed as 6:00 a.m. to midnight, six days a week. Staff is supportive of the proposed use. The site is zoned C-1 which allows a variety of commercial uses designed to accommodate the needs of the surrounding neighborhoods. The scale of this proposed use is such that it should not depend on a community-wide or regional market area. C-1 prohibits any outdoor display or storage and none is proposed under this use. Even the loading of building materials occurs within the building located at the rear of the site. Although this commercially zoned site could have a ground sign up to 36 feet in height and 160 square feet in area, the applicant is proposing a monument style sign only 8 feet in height and 100 square feet in area, much more in keeping with a neighborhood scaled development. In response to an issue raised at Subdivision Committee, the street buffer has been increased to 40-45 feet. The site is located at an area where uses begin to transition from the Parkway to the neighborhood. Nonresidential uses are located on all perimeters of the site. The property is located at the intersection of a collector and minor arterial streets. The C-1 zoning district states there shall be a maximum gross lessable area of 5,000 square feet per establishment accept that one establishment may have not more than 10,000 square feet. As previously noted, the hardware store is 10,000 square feet, the design area is 5,000 square feet and the office is 5,000 square feet; all allowable under C-1. The building material – lumber storage building, which is an ancillary use to the hardware store, is 10,000 square feet with a future addition of another 10,000 square feet possible. Although this brings to total floor area of the hardware – home center above that typically allowed in C-1, staff believes the use is appropriate for this site. The storage area is ancillary to the principal use and is located at the rear of the site. In and of itself it is a relatively low traffic generator. To staff’s knowledge, there are no outstanding issues. As noted above, the applicant responded to issues raised at Subdivision Committee. There is no bill of assurance for these unrecorded tracts. April 26, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-5991-D 7 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. Staff recommends approval of the request to allow the total square footage of the hardware store – home center as proposed. Staff recommends approval of a variance to allow the south driveway with reduced setback from the south property line. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: 4 FILE NO.: Z-8671-A NAME: Rent-N-Roll Custom Wheels and Performance Tires – Conditional Use Permit LOCATION: 11400 West Markham Street OWNER/APPLICANT: David and Pauline Charton/Rent-N-Roll Concepts, LLC; John McMorran, Architect PROPOSAL: A conditional use permit is requested to allow tire and wheel sales, rental and installation on this undeveloped, C-3 zoned, .52 acre lot. 1. SITE LOCATION: The site is located on the north side of West Markham Street, just west of Shackleford Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an intensely developed Commercial area containing a variety of commercial uses. The building adjacent to the east contains a liquor store and an automobile service facility. Restaurants, offices and other commercial uses are located further to the east. A shopping center with a variety of commercial uses is located to the west. Properties along the south side of Markham contain auto service uses, retail uses, restaurants and a utility substation. The proposed use is compatible with uses in the area. Notice of the Public Hearing was sent to the Briarwood and Beverly Hills Neighborhood Associations and to all owners of properties located within 200 feet of the site. 3. ON SITE DRIVES AND PARKING: Access to the site is off of West Markham via a shared driveway access easement on the adjacent lot. This lot has no direct driveway onto Markham. The site will contain 20 parking spaces plus 6 spaces within the building’s service bay. The proposed parking should be sufficient for this single use. April 26, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-8671-A 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s Landscape and Buffer Ordinance requirements. The Landscape Ordinance requires a nine foot wide (9’) perimeter landscape strip around the site’s entirety. It appears the backup area encroaches into this landscape area. The backup area can be reduced to five foot (5’) and still function optimally; while also helping to meet this minimal ordinance requirement; revise. Berming along Markham is recommended. A small amount of building landscaping will be required. A water source is required within seventy-five foot (75’) of all landscaped areas. An automatic irrigation system is recommended. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Markham Street is classified on the Master Street Plan as a minor arterial with a reduced standard. Right-of-way 35 feet from centerline will be required. Provide a survey to show the current distance from the right-of-way centerline to the property line. 2. At time of building permit, Markham Street will be required to be widened to provide the continuation of the center turn lane for vehicles desiring to turn left into this development as required by the Master Street Plan for minor arterial streets. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. 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). 5. On site stripping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. April 26, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-8671-A 3 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project on the south side of Markham Street. Entergy: No comment received Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW’s Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Install Fire hydrants (Per Code); maintain access at twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2012) The applicants were present. Staff presented the item and noted additional information was needed regarding building design, fencing and dumpster location. Staff noted signage was to comply with that allowed in commercial zones and all work was to take place within the enclosed building. In response to a question, the applicant stated all used and waste tires would be kept inside the building until they were disposed with. April 26, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-8671-A 4 Public Works, Landscape and Utility Comments were noted. The applicant questioned the need for street widening and was told it was a requirement of the Master Street Plan and Boundary Street Ordinance. The applicant stated he would request a waiver of that requirement. In response to a statement from the applicant, staff stated the widening was required only for the frontage of his lot. He was advised to study the cost of the required widening before determining if he wanted to pursue a waiver. The applicants were advised to respond to staff issues by April 11, 2012. The Committee then forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for development of Rent-N-Roll, a tire and wheel sales, rental and installation business on this vacant, C-3 zoned, .52 acre lot. The lot is paved and was previously part of the sales display area for an automobile sales business which was once located on the adjacent lot. This is a separately platted lot with access off of Markham via an access easement over the adjacent lot. The proposal includes the construction of a 5,000 square foot, one-story building and parking for 20 vehicles. The building will be split between showroom and shop areas; each approximately 2,500 square feet. The building will be a pre-engineered structure with a brick, glass and metal exterior and a metal roof. The shop space will have six (6) vehicle service areas. Service will include installation of tires and wheels. Only related service such as wheel alignments will be included. Days and hours of operation are proposed as Monday through Friday, 9:00 a.m. to 6:00 p.m. and 9:00 a.m. to 5:00 p.m. on Saturday. The business will be closed on Sundays. Signage will comply with that allowed in commercial zones. No fencing is proposed. The dumpster and required screening will be located at the northeast corner of the site. All work will take place within the facility. Any used or waste tires will be kept inside the facility. The lot has a platted rear yard setback of 15 feet which supersedes the typical C-3 setback of 25 feet. Placement of the building complies with the platted and zoning setbacks. The areas indicated for landscaping and street buffer comply with ordinance requirements. It was determined that the Master Street Plan required right-of-way of 70 feet for West Markham is in place and no additional right-of-way is needed. The applicant has agreed to complete the required street widening as noted by Public Works. To staff’s knowledge, there are no outstanding issues. The proposed use is compatible with uses and zoning in the area. The applicant has responded to April 26, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-8671-A 5 issues raised at Subdivision Committee as noted above. The bill of assurance for the subdivision does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All work is to take place within the enclosed building. 3. No used or waste tires are to be kept outside. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: 5 FILE NO.: Z-8757 NAME: St. Luke United Methodist Church – Ascension Arts Academy Day Care – Conditional Use Permit LOCATION: 6400 West 32nd Street OWNER/APPLICANT: St. Luke United Methodist Church PROPOSAL: A conditional use permit is requested to allow a day care center – private school to operate in a portion of the existing church located on this R-2 zoned, 2.5 acre tract. 1. SITE LOCATION: The site is located on the south side of West 32nd Street, west of University Avenue and east of Bale Elementary School. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been a part of the neighborhood for many years. Single family residences are located to the north, south and east. A large, LRSD campus is adjacent to the west. The proposed day care – private school is to operate within the existing church. It will have a maximum enrollment of 25 children. Allowing the addition of that small use should not affect the church’s continued compatibility with the neighborhood. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the College Terrace and Broadmoor Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The church has an existing, asphalt paved parking lot with access off of West 32nd Street. The proposed daycare – private school is to operate Monday through Friday, 8:00 a.m. to 5:00 p.m. The existing parking lot will be available during these times without conflict with typical church activity times. The existing parking is sufficient for the proposed use. 4. SCREENING AND BUFFERS: No Comments. April 26, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-8757 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Install Fire hydrants (Per Code); maintain access at twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (APRIL 5, 2012) The applicants were present. Staff presented the item and noted some additional information was needed regarding the use; including number and ages of students, number of employees, days and hours of operation and April 26, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-8757 3 signage. Staff noted use of the playground should be limited to daylight hours. The applicant stated the use was a daycare – private school for ages pre-K to 8th grade, with afterschool tutoring. The applicant stated maximum enrollment would be 25 children with 2 teachers and 1 director. She said the program would operate Monday through Friday, 8:00 a.m. to 5:00 p.m. It was determined there was room on the existing ground sign to place information regarding the daycare – private school. The applicant questioned CAW’s comment regarding an RPZ and was advised to contact that agency. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: St. Luke United Methodist Church occupies the R-2 zoned, 2.5 acre tract located at 6400 West 32nd Street. The property contains a two-story brick building and a paved parking lot. The building contains typical worship and classroom space. A fenced playground area is located behind the building. A conditional use permit is requested to allow Ascension Arts Academy to operate a daycare – private school in a portion of the building. The daycare – private school will utilize some of the classrooms and will have access to the church’s kitchen and playground. Ascension Arts is a pre-K through 8th grade program with afterschool tutoring. Days and hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m. Maximum enrollment is 25 children with 2 teachers and 1 director. There is space available on the church’s existing ground sign for Ascension Arts so no additional signage is proposed. To staff’s knowledge there are no outstanding issues. Allowing use of the church’s facilities for this small daycare – private school program should have no effect on other properties. It appears to be an appropriate use that is compatible with uses in the area. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments in Section 6 of the agenda staff report. 2. Use of the playground by the daycare – private school is to be limited to daylight hours. April 26, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-8757 4 PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent. April 26, 2012 ITEM NO.: 6 FILE NO.: LA-0043 NAME: 8503 & 8521 Stanton Road Tree Harvest Variance LOCATION: 8503 & 8521 Stanton Road APPLICANT: A.D. Nutt & Jibao Tucker AREA: Approximately 4.86 acres CURRENT ZONING: R-2 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest approximately 100 pine trees at 8503 & 8521 Stanton Road. A. PROPOSAL/REQUEST: The applicants are requesting a variance from the Land Alteration Regulations to harvest approximately 100 pine trees at 8503 & 8521 Stanton Road. 8503 Stanton Road is approximately 2.40 acres and 8521 Stanton Road is approximately 2.46 acres. The properties were inspected by the applicants’ licensed forester which reported pine beetle have infested some of the pine trees on both properties as evidence by several dead trees and one tree that is currently losing its needles. The older, mature trees which have lost their vigor are more subject to mortality. Several of these pine trees are surrounding the applicants’ homes and other buildings. Several pines trees have already been removed individually at a significant cost. B. EXISTING CONDITIONS: 8503 and 8521 Stanton Road are residential properties located on east side of Stanton Road just north of Baseline Road. The properties are tree covered with pine and oak trees. All properties surrounding the applicants’ properties are zoned R2. The property on the north is a manufactured home park. The properties to the east are within a residential subdivision. The property to the south is similar in size to the subject properties and tree covered. The properties across Stanton Road on the west are also similar in size and are also tree covered. C. NEIGHBORHOOD COMMENTS: Notices were provided by the applicants to all adjacent property owners even those across Stanton Road. As of the time of writing, staff has not received any telephone calls or inquiries into the variance request. April 26, 2012 ITEM NO.: 6 (Cont.) FILE NO.: LA-0043 2 D. ENGINEERING COMMENTS: 1. All tree debris generated from the tree harvest activities must be removed from the site. 2. If the tree debris is to be burned on site a burn permit must be obtained from the Little Rock Fire Department. 3. A grading permit must be obtained from Public Works prior to beginning tree harvest activities. E. SUBDIVISION COMMITTEE: Mr. A.D. Nutt and Mr. Jibao Tucker were present representing the application. Staff presented an overview of the variance application stating the applicant’s desire to harvest approximately 100 pine trees at 8503 and 8521 Stanton Road. The trees are believed to be infested with pine beetles and/or infested in the future due to the age of the trees. 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 harvest pine trees on approximately 4.86 acres at 8503 and 8521 Stanton Road. Approximately, 100 pine trees have been determined to be infested or believed to become infested with pine beetles. The site consists of mature pine and oak trees. Many infested trees surround the applicants’ homes and other buildings. The applicant’s licensed forester states there is pine beetle infestation in some of the pine trees on site as evidenced by several dead trees and one tree that is currently losing its needles. The older, mature trees which have lost their vigor are more subject to mortality. The site was inspected by staff and determined that several pine trees have been removed in the past. The applicant stated the trees were removed individually after they died from pine beetles. Many trees will still exist on site after the pine trees are removed. The applicants’ licensed forester stated the removal of the pine trees should not negatively impact the aesthetic value of either property and allow for a small salvage timber harvest which would let the applicants recoup a portion of the removal cost. Due to the number of trees that will not be removed, staff agrees there should not be a negative impact on the adjacent properties. G. RECOMMENDATION: Staff recommends approval of this variance application to harvest approximately 100 pine trees at 8503 and 8521 Stanton Road subject to the comments found in paragraph D as follows: April 26, 2012 ITEM NO.: 6 (Cont.) FILE NO.: LA-0043 3 1. All tree debris generated from the tree harvest activities must be removed from the site. 2. If the tree debris is to be burned on site a burn permit must be obtained from the Little Rock Fire Department. 3. A grading permit must be obtained from Public Works prior to beginning tree harvest activities. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were not registered objectors present. Staff presented the item with a recommendation of approval of the tree harvest variance request subject to compliance with the comment and conditions as outlined in paragraph D 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. The motion carried by a vote of 9 ayes, 0 noes, and 2 absent. w fi t, x r LEW f3 s4LLY [}R � L% KPf ;• s 3ETSCHER:'LN .. ♦ n.. ,. ........ .� _ .. NAT40NALOR a °. ..,... . .. ..., t .+..,...... - ,9,TANP Ij �]'•> z..,+ -Q�T ''�''�;:i.� ! I a Yom.' ,. -� rr •`•. '�? f ` a ,.,, axe Y; '4rz-IGh1T5 04S S Z C w . :yd 4 s r ESSF p r... p C �.. rrr t .. Yk [ip RJNGS'R 3 n v m �.... y �., u y s $ falORTi°i N b D4WAN C{ CRCktARD'DR- ENCER LN # 0 N 9 fp LN u LLI LLI H �? 1~ a Mq -3 c 0 Q cm c (v a) LU U �C cry m 4 W Q W �Q l A VA Ni" Cn LU [l) �. 0 C) U Q C 3 Q J r Q Q Q Q [fj 7D 0 CD J Q Q LU Cy U3 Q �j Q L1J C� 'Um © m < (D of Luna- ;f CL < 0c7)LLJ Q: == C-) O U L LI x�� LL �f Q Q LLJ L U L U m 2 W Z Q Q W m m cn U d LL LL- Ll- Z I Z- CL CL' co CID U 0 L- L- C-L- 2 Z m a Mq -3 c 0 Q cm c (v a) LU U �C cry m 4 W Q W �Q l April 25, 2012 There being no further business before the Commission, the meeting was adjourned at 5:09 p.m. Date 67<z airman