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HomeMy WebLinkAboutpc_11 29 2012 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD NOVEMBER 29, 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: Tom Brock Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Dan Harpool Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Alan Bubbus William Changose City Attorney: Cindy Dawson III. Approval of the Minutes of the October 11, 2012 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING NOVEMBER 29, 2012 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title: A. Z-8805 Oxford House Group Home – Special Use Permit 101 N. Plaza Drive B. Z-8806 Glenns Boarding House/Parolee – Probationer Housing – Special Use Permit Northeast corner of Interstate 30 (Service Road) and Benanna Street C. Z-3371-PP Crain Automobile Dealership – Revised Conditional Use Permit 4601 Colonel Glenn Plaza Drive D. Z-8807 Coulter Multisectional Manufactured Home – Conditional Use Permit 8511 Coulter Lake Road E. MSP12-05 Modification of Collector Design Standard for the connection from Patrick Country to East Pinnacle Road II. NEW BUSINESS: Item Number: File Number: Title: 1. LU12-19-01 A Future Land Use Plan Amendment in the Chenal Planning District on the east side of Rahling Road, south of Pebble Beach Road from Residential Low Density and Residential Medium Density to Park/Open Space, Office, Neighborhood Commercial, Residential Medium Density, and Residential Low Density. 1.1 Z-8165-B Rezoning from R-2 and MF-18 to R-2, MF-12, O-3, C-1 and OS East side of Rahling Road, south of Pebble Beach Drive Agenda, Page Two Item Number: File Number: Title: 1.2 MSP12-06 Master Street Plan Amendment to extension of Wellington Plantation Drive 2. Z-8812 Rezoning from R-3 and R-4 to O-1 1200-1206 S. Taylor Street 3. Z-3371-QQ Lot 3 (unrecorded) The Village at Brodie Creek Automobile Dealership – Conditional Use Permit West side of Colonel Glenn Plaza Drive, north of Colonel Glenn Road 4. Z-3371-RR Lot 1 (unrecorded) The Shoppes at Colonel Glenn Automobile Dealership – Conditional Use Permit Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive 5. Z-3371-SS Lot 15 (unrecorded) The Shoppes at Colonel Glenn Automobile Dealership – Conditional Use Permit Northeast corner of Colonel Glenn Road and Colonel Glenn Plaza Drive 6. Z-6860-B Beauty Ambitions Beauty/Barber Salon – Conditional Use Permit 5300 West Markham Street, Suite D 7. Z-8736-B Robinson Health Studio – Conditional Use Permit 900 N. University Avenue, Suite 5 8. Z-5459-C Forest Park Elementary School Pavilion – Conditional Use Permit 1600 N. Tyler Street November 29, 2012 ITEM NO.: A FILE NO.: Z-8805 Name: Oxford House Group Home – Special Use Permit Location: 101 N. Plaza Drive Owner: AROX, LLC Applicant: Oxford House/Jack T. Fryer, Jr. Proposal: A Special Use Permit is requested to allow a group home to be operated in the single family residence located on the R-2 zoned property at 101 N. Plaza Drive. A. Public Notification: All owners of property located within 200 feet of the site and the Briarwood Neighborhood Association were notified of the public hearing. B. Public Works Issues: No Comments. C. Fire Department Issues: 1. Have fire extinguisher serviced with a current inspection tag. 2. Place two (2) exit signs above doors (front and back). 3. Place floorplans with exit locations in each bedroom, common room and kitchen. 4. Place hardwired and inter-connected smoke detectors in each bedroom, living room and kitchen. D. Staff Analysis: The R-2 zoned property at 101 N. Plaza Drive is occupied by a one-story single-family residential structure. The property is located at the northeast corner of N. Plaza Drive and West Markham Street. A circular drive with parking for three (3) vehicles is located on the west side of the house. A two-car wide driveway from W. Markham Street is located at the southeast corner of the property. The drive leads to a two-car wide carport at the November 29, 2012 ITEM NO.: A (Cont.) FILE NO.: Z-8805 2 southeast corner of the house. There is parking for at least six (6) vehicles, utilizing the carport and along the driveway. The properties to the north, east and west are zoned R-2 and contain single family residences. Single family residences are also located across West Markham Street to the south, with church and school facilities to the southwest along S. Hughes Street. The applicant, Oxford House Plaza 101 (Jack Fryer), is requesting a Special Use Permit to allow operation of a group home within the residential structure on the R-2 zoned property at 101 N. Plaza Drive. The applicant proposes the group home for up to seven (7) male residents who are disabled and recovering from alcohol or substance abuse. There will be no live-in staff. The applicant notes that no other activities such as counseling or meetings will take place on the site. Following is the definition of a group home as found in Section 36-3 of the City’s Zoning Ordinance: “Group home means a facility that does not fall within another defined facility category within this section and which provides housing in a family-like environment to more than four (4) handicapped individuals. This use is permitted only as a special use as designated in this chapter.” The applicant notes that the total area of the residential structure is 1,780 square feet. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 – 88 square feet – 1 resident Bedroom 2 – 200 square feet – 2 residents Bedroom 3 – 130 square feet – 2 residents Bedroom 4 – 132 square feet – 2 residents Section 8-406(a) of the City’s Buildings and Building Regulations Ordinance (minimum area per dwelling unit) requires 150 square feet for the first occupant and 100 square feet for each additional occupant. Therefore, the minimum area for a residence occupied by 7 persons is 750 square feet. As noted earlier the residential structure contains 1,780 square feet. November 29, 2012 ITEM NO.: A (Cont.) FILE NO.: Z-8805 3 Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The occupancy for the bedrooms as proposed conforms to this ordinance requirement. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the Planning Commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. November 29, 2012 ITEM NO.: A (Cont.) FILE NO.: Z-8805 4 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. The site is located on CATA bus routes #5 (West Markham Route) and #8 (Rodney Parham Route). The applicant submitted a copy of a Bill of Assurance for the subdivision. It was recorded in 1958 and appears to have expired in 2000. An area survey conducted by staff revealed no existing similar facilities within 1,500 feet of the subject property. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff is supportive of the application for a group home, as proposed by the applicant. Staff views the request as reasonable. The property is zoned R-2 and four (4) unrelated persons could occupy the structure by right. Additionally, as noted in Section 36-54(e)(4) of the code (page 3. of the staff report), there shall be a presumption that a special use permit for a group home of 5 to 8 handicapped persons will be granted if all ordinance requirements are met. Staff believes that is the case with the subject property. Utilizing the parking area in the rear yard area in combination with the circular drive should be sufficient to serve the proposed group November 29, 2012 ITEM NO.: A (Cont.) FILE NO.: Z-8805 5 home use. Staff believes the proposed group home is an appropriate use for this property. E. Subdivision Committee Comment: (September 20, 2012) Jack Fryer and Mike Shannon were present, requesting the application. Staff briefly described the proposed group home. Staff noted that additional information was needed with respect to the size of the house and each bedroom. The applicants noted that the information would be provided. Staff also noted that the fire marshal must approve use of the structure as a group home. Mr. Fryer and Mr. Shannon briefly described the Oxford House program. After the discussion, the Committee forwarded the application to the full Commission for final action. F. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a group home at 101 N. Plaza Drive, subject to the following conditions: 1. A maximum of seven (7) handicapped residents will be allowed. 2. Compliance with the Fire Department requirements as noted in paragraph C. of the staff report. 3. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) Staff informed the Commission that the applicant submitted a letter on September 21, 2012 requesting this application be deferred to the November 29, 2012 agenda based on the fact that the required sign had not been posted on the property. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the November 29, 2012 agenda. The vote was 6 ayes, 0 noes and 5 absent. November 29, 2012 ITEM NO.: A (Cont.) FILE NO.: Z-8805 6 PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Michael Shannon and Jack Fryer were present, representing the application. There were several objectors present. Michael Shannon addressed the Commission, requesting a deferral to the January 10, 2013 agenda in order to meet with neighbors regarding the application. Allen Klak, representative from the neighborhood, agreed to the deferral. There was a motion to defer the application to the January 10, 2013 Planning Commission agenda. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. November 29, 2012 ITEM NO.: B FILE NO.: Z-8806 Name: Glenns Boarding House/Parolee – Probationer Housing – Special Use Permit Location: Northeast corner of Interstate 30 (Service Road) and Benanna Street Owner: Bird and Bear Enterprises Applicant: Rev. Leroy Glenns – (Southwest Good Samaritan Restoration Center) Proposal: A Special Use Permit is requested to allow a boarding house/parolee – probationer house to be operated in the existing commercial building located on the C-4 zoned property at the northeast corner of I-30 Service Road and Benanna Street. A. Public Notification: All owners of property located within 200 feet of the site and the Town and Country and SWLR United for Progress Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Building Codes Issues: The following items are required on plans for review by the Planning Department for building permit release: 1. A Monitored Automatic Fire Sprinkler system is required for this change in occupancy. (Chapter 9 Section 903.2.7 of the 2006 International Building Code). The previous Occupancy was listed as "B" Business and the new occupancy is "R-3" Residential. A complete layout of the sprinkler system and specifications shall be submitted to and approved by the Little Rock Fire Department prior to installation. Contact Tony Rhodes at 501-918-3757 with any questions. 2. A Fire Alarm System is required for R-3 Occupancy. Contact Tony Rhodes at 501-918-3757 with any questions. November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 2 3. Smoke Detectors/Audible Alarms are required as per Chapter 9 section 907.2.110.1.2 of the IBC and shall be interconnected as per 907.2.10.3. Please note on plan. 4. A Knox Box is required for this property. If you have any questions or need any information please contact Captain Tony Rhodes at 501-918-3757. 5. Addresses are required to be posted in a conspicuous place during construction and when construction is complete as per Little Rock City Ordinance Section 30-346. 6. Occupancy R-3 requires 50 square feet per person in sleeping area's as per 2006 IBC Table 1004.1.1 Dormitories. Sleeping quarters shown on current layout are approximately 780 sf or 15 occupants and 580 sf or 11 occupants. Confirm exact size and number of occupants on plans submitted for permitting. 7. Written approval from the State Health Department, Plumbing Division must be obtained for all commercial buildings prior to issuance of the building permit. Contact Rick Mayhan 501-661-2642 with any questions. 8. Restroom exhaust fans must be vented to the outside. 9. Receptacles located in restrooms and adjacent to sinks must be Ground Fault / Ground Fault protected. 10. All exits must be clearly marked with lighted exit signs and adjacent emergency lighting on the outside wall of each exit. 11. All marked exits must have a 5' x 5' level landing on the outside of the exit with a ramp not to exceed 5% from the landing to level grade. Please show modifications to existing to comply. 12. The plans are reviewed for building permit comments only. Once final plans are available for modification of water facilities and/or fire protection system please submit one (1) copy to Central Arkansas Water for review. Plan revisions may November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 3 be required after additional review. Contact Central Arkansas Water regarding procedures for modifications and/or extension of the fire service to this facility. A contract will be required between the developer and Central Arkansas Water for water modification. Fire sprinkler systems which do not contain additives such as antifreeze shall be isolated with a double detector check valve assembly. If additives are used, a reduced pressure zone backflow preventer will be required. D. Fire Department Issues: The Fire Department has inspected the site and concurres with the Building Codes requirements with the following additional requirement: • Portable fire extinguishers must be placed throughout the building. Contact the Fire Marshal at 918-3757 for required number of extinguishers and placement. E. Staff Analysis: The C-4 zoned property at the northeast corner of the Interstate 30 service road and Benanna Street is occupied by a one-story commercial building. A driveway from Benanna Street is located at the northwest corner of the property. Paved parking is located on the east, west and south sides of the building, with parking for thirty-four (34) vehicles. A fenced storage area is located at the north end of the building. The properties to the north and west (across Benanna Street) are undeveloped and zoned C-4. An apartment complex is located further north. A mini-warehouse development is located on the C-4 zoned property to the east. Mixed commercial and light industrial uses and zoning are located across I-30 to the south. The applicant, Southwest Good Samaritan Restoration Center (SGSRC), is requesting a special use permit to operate a boarding house/parolee- probationer housing facility for veterans and non-violent/non-sex offender parolees at the northeast corner of I-30 (service road) and Benanna Street. The applicant is proposing the facility for up to 30 male residents who are veterans in need of assistance or non-violent/non-sex offender parolees. There will be two (2) live-in house managers who will oversee the daily operations of the facility. Programs such as job placement, counseling, GED preparation, etc. will be provided to the residents. The November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 4 average stay at the facility will range from six (6) months to one (1) year. The total building area is approximately 7,000 square feet. The fenced area at the north end of the building will be used for an outdoor recreation area. Transportation will be provided to the residents by SGSRC. Following are the definition of a boarding house and parolee-probationer housing as found in Section 36-3 of the City’s Zoning Ordinance. The proposed facility will be a combination of the two (2) facility types. “Parolee or probationer housing facility means a residential facility dedicated to providing housing for: (a) (i) At least one (1) or more parolees who have been released from a state or federal institution or program for the violation of any penal statute; or, (ii) At least one (1) or more probationers who have been released by a state or federal court to a residential probation program; or, (iii) Any combination or parolees or probationers, regardless of whether the facility is exclusively for parolees or probationers; and (b) which includes any type of treatment or rehabilitation program, counseling, or any combination of such programs. For purposes of this chapter, the home of a parolee or probationer, or the home of a family member of such a person, shall not be considered a facility.” “Rooming, lodging and boarding facility means a building or establishment which provides for more than four (4) but fewer than sixteen (16) persons and may provide meal service. The building or facility shall be so arranged as to permit passage between all living elements such as dining, kitchen and bathrooms. Detached units or private access accommodations are not permitted.” The applicant has noted that barrack-style sleep accommodations will be provided to the residents. The building floor plan provided November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 5 by the applicant shows two (2) large areas to be used as sleeping quarters. The first area contains approximately 900 square feet and will house 18 residents. The second area contains approximately 600 square feet and will accommodate 12 residents. The proposed sleeping arrangement appears to comply with the Building Codes requirement of 50 square feet per person. Additional areas of the building will include office space, a training room, kitchen (no stove or oven), restrooms/showers and recreation areas. Entrances/exits will be provided along all four (4) sides of the building. Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following provisions, as adopted by the Board of Directors on September 6, 2005: 1. family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility. (a) Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the Planning Commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. (b) There shall be a presumption that a special use permit for a group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 6 facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The Fire Marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. The site is not located on a CATA bus route. As noted previously, transportation will be provided to the residents by SGSRC. The applicant submitted a copy of a Bill of Assurance which was recorded in 2008. It appears to address no use issues. An area survey conducted by staff revealed no existing similar facilities within 1,500 feet of the subject property. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. Staff is supportive of the application to locate a boarding house/parolee- probationer housing facility in the existing commercial building at the northeast corner of the I-30 service road and Benanna Street. Staff views November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 7 the request as reasonable. The property is zoned C-4 and the existing building previously housed a commercial business. The proposed transitional living facility for up to 30 residents will be more institutional in nature, and staff feels that the proposed location on a developed commercial property is appropriate, as opposed to within a single family residential subdivision. As noted in paragraphs C. and D. of the staff report, upgrades to the building will be required based on the change in occupancy from commercial to residential. All required upgrades must be completed prior to residential occupancy. Staff believes the proposed boarding house/parolee-probationer housing facility is an appropriate use for this property. F. Subdivision Committee Comment: (September 20, 2012) Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were present, representing the application. Staff briefly described the proposed boarding house/parolee-probationer housing facility. Staff noted that some additional information was needed. In response to question from staff, the applicants noted that the facility would house up to 30 male residents, with barrack-style sleeping accommodations. Staff noted that the area of each barrack area and number of residents in each area was needed. The applicants briefly described aspects of the proposed transitional living facility. They explained that counseling, GED preparation and similar services would be provided to the residents. In response to a question from the committee, Rev. Glenns noted that they had no other facilities in Little Rock. After additional brief discussion, the Committee forwarded the application to the full Commission for final action. G. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a boarding house/parolee-probationer housing facility at the northeast corner of the I-30 service road and Benanna Street, subject to the following conditions: 1. A maximum of 30 residents (veterans and non-violent/non-sex offender parolees/probationers) will be allowed, plus two live-in house managers. 2. Compliance with the Building Codes requirements as noted in paragraph C. of the staff report, prior to residential occupancy. November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 8 3. Compliance with the Fire Department requirements as noted in paragraph D. of the staff report, prior to residential occupancy. 4. Compliance with all other requirements as found in Section 36-54(e)(4) of the Code. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) Staff recommended this application be deferred to the November 29, 2012 agenda. Staff needed additional time to review the proposed living facility which is to be located in a commercial building. Staff made the applicant aware of the deferral request, and the applicant expressed no concern with deferring the application. The item was placed on the consent agenda and deferred to the November 29, 2012 agenda. The vote was 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Leroy Glenns, Curlee Robinson and Samella Robinson Paulk were present, representing the application. There were five (5) registered objectors present. Staff presented the application with a recommendation of approval. Leroy Glenns addressed the Commission in support of the application. He explained that the living facility would be for up to 30 residents. He gave a description of the project. Dorothy Ehlehacht also spoke in support of the application. She explained that veterans needed a place to live. Pat Gee, president of Upper Baseline Neighborhood Association, spoke in opposition. She noted that SWLR United for Progress was opposed to the application. She also noted that surrounding neighborhood associations were opposed. Nan Howard also spoke in opposition. She noted that veterans had other options for housing. Melinda Scoggins also spoke in opposition. She asked that the application be deferred. She noted that the facility needed to be located elsewhere. She presented a petition of opposition. November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 9 In response to a question from the Commission, staff noted that Town and Country Neighborhood Association and The Oaks Apartments were mailed notices of the hearing. Pam Adcock, president of SWLR United for Progress, also spoke in opposition. She expressed concern with the number of staff per residents, the close proximity of the facility to the Town and Country Neighborhood, transportation, traffic and funding. She explained that the area was in need of new commercial development. Troy Laha, vice-president of Cloverdale Neighborhood Association, also spoke in opposition. He explained that the neighborhood associations were opposed to the application. Leroy Glenns explained that the facility will be able to help the residents integrate back into society. He explained that the residents will be trained and that there will be adequate personnel at the facility. He noted that the VA had limited space and was seeking other facilities for housing veterans. He noted that the residents will be non-violent/non-sex offenders. He noted that if a resident were “kicked out” of the program, there were other programs they could be sent to. Chairman Ferstl asked how it would be determined who the residents would be. Rev. Glenns explained that applications would be accepted and interviews conducted. Commissioner Pierce asked if SGSRC had other facilities. Rev. Glenns noted that there were no other facilities, but his organization had two (2) years experience working with the types of persons who will be housed in the facility. Commissioner Fountain asked what if the facility could not provide assistance to an individual. Rev. Glenns stated that they would be referred to another facility. Commissioner Fountain asked if funding was in place for the facility. Rev. Glenns noted that it was in place, but not yet received. Commissioner Finney asked who decided on the residents for the facility. Rev. Glenns noted that a board of directors would make the decisions. Chairman Ferstl asked about transportation. Rev. Glenns explained that vans could be used to transport the residents. He explained that there was easy access to I-30. November 29, 2012 ITEM NO.: B (Cont.) FILE NO.: Z-8806 10 Commissioner Nunnley explained that Rev. Glenns was an appropriate person to run this type of program. Vice-Chair Rector explained that he had no issues with a living facility located near his office. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was approved. November 29, 2012 ITEM NO.: C FILE NO.: Z-3371-PP NAME: Crain Automobile Dealership – Revised Conditional Use Permit LOCATION: 4601 Colonel Glenn Plaza Drive OWNER/APPLICANT: Crain Investments/Larry Crain, Jr. PROPOSAL: A revision to the previously approved conditional use permit is requested to allow sod pavers for vehicle display in the front street buffer/landscape area. 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 immediately around this site is cleared but undeveloped. New retail and restaurant uses have recently been approved for development south of the site. The automobile dealership itself is compatible with uses in the area. Staff does have reservations about allowing the vehicle display in the front landscape/buffer 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 approved April 26, 2012 conditional use permit for the dealership proposed 560 parking spaces to be divided for use between product display, customer parking and service parking. Two driveways are to provide access to the site. Thirty-seven (37) of the parking spaces are located across the front of the site, with direct visibility from the street. Staff does not support the proposed addition of vehicle display pads within the front buffer/landscape area. November 29, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-3371-PP 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The zoning buffer ordinance requires an average fifty foot wide (50’) street buffer along Colonel Glenn Plaza and in no case to be less than half. An automatic irrigation system is required. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. 5. PUBLIC WORKS COMMENTS: 1. Provide information to show the effects of the addition of the sod pavers on the drainage within the parking lot. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Ten (10) foot easement required for underground primary facilities along front and rear property lines. 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. 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. November 29, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-3371-PP 3 Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connections(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. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2012) Larry Crain was present, representing the application. Staff briefly described the proposed revision to the conditional use permit. Staff noted that variances were needed for the proposed vehicle display area. Staff noted that Public Works needed additional information on drainage associated with the proposed vehicle display area. Larry Crain briefly described the proposed use of sod pavers for the display area. After the discussion, the Committee forwarded the application to the full Commission for final action. STAFF ANALYSIS: On April 26, 2012, the Commission approved a conditional use permit to allow a new automobile sales dealership on this C-2 zoned, 7.64 acre tract. November 29, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-3371-PP 4 Construction of that previously approved dealership is now taking place. The approval included a 49,400 square foot sales/service building and 560 parking/display spaces. The approved CUP site plan indicated a twenty-five (25) foot wide landscaped street buffer between the parking lot and the street. The City’s buffer ordinance typically requires a 50 foot wide street buffer for this tract based on the depth of the property. The minimum dimension required by the Ordinance is one-half (1/2) of the full requirement, but in no case less than nine (9) feet. As noted above, the Commission approved twenty-five (25). The applicant is now requesting approval of a revision to the CUP to allow for the installation of grass pave vehicle display areas in the street buffer. Thirteen (13) grass pave sodded parking/display areas are indicated in this area between the parking lot and the street. Landscaping is proposed to be planted around the display areas. Staff is not supportive of the applicant’s proposal. Staff believes allowing the vehicle display in the area of the landscaped street buffer negates the very purpose of having that buffer. The Code defines a “street buffer” as: Buffer, street means a device in the form of a strip of land lying parallel and adjacent to a public street right-of-way. The plantings, existing and proposed, shall be as provided within the landscape ordinance of the city, section 15-81 et seq. The purpose of this buffer is to provide for minimum livability, a separation of the traffic movements, both on and off the site, and a visual screening and spatial separation of certain uses and/or activities from the public right-of-way. Two principal purposes of the street buffer are to provide screening and spatial separation from the public right-of-way. Allowing the proposed display areas would negatively impact both of those purposes. Although this dealership was approved as a conditional use in C-2 zoning, auto sales businesses are typically a C-4 district use. The C-4 zoning district development criteria prohibit display in the first twenty (20) feet of the front yard setback. That standard is typically applied not only to auto sales in C-4 but to any similar use that is approved through the CUP or PUD process. The applicant’s proposal violates that typical development criteria. Staff did a survey of existing dealerships in the area to determine if any others had vehicle display in the street landscape buffer. In the area along Colonel Glenn, west of I-430, there are seven (7) existing automobile dealerships. In addition to the applicant’s site, one other dealership is under construction in the area. None of the existing dealerships have vehicle display areas in the street landscape buffer. All vehicle display is located behind the buffer. One November 29, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-3371-PP 5 dealership is located south of Colonel Glenn, east of I-430. That site does have nine (9) vehicle display pads located in the area between the parking lot and the street. That site does provide a deeper buffer along the street. Staff could locate no specific approval for those display areas. In staff’s opinion, the site has more than adequate, easily visible vehicle display area. There appears to be no justification for violating the various provisions of the Code to allow the vehicle display in the street buffer area. The applicant did submit a report indicating that the use of grass pave sod pavers would not impact drainage on the site. No other provisions of the previously approved CUP are proposed to be changed under the proposal. STAFF RECOMMENDATION: Staff recommends denial of the requested revision to the CUP. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) The applicant was not present. There were no objectors present. Staff informed the commission that, on October 11, 2012, the applicant had requested deferral of the item to the November 29, 2012 meeting to allow further time to meet with staff. There was no further discussion. A motion was made to waive the bylaws regarding the late deferral request. That motion was approved by a vote of 6 ayes, 0 noes and 5 absent. The item was then placed on the consent agenda and approved for deferral to the Nov. 29, 2012 meeting by a vote of 6 ayes, 0 noes and 5 absent. STAFF UPDATE: Subsequent to the October 11, 2012 Commission meeting. The applicant met with staff and submitted a revised site plan. The applicant is now proposing six (6) grass pave sodded parking pads to be located along the front edge of the parking lot in front of the building. Landscaping will be located between the parking pads and the front landscape area will be landscaped to comply with the landscape ordinance requirement regarding street perimeter screening in the form of shrubbery or a berm. In the area where the six (6) grass pave parking pads are located, the landscaped area will be reduced to eighteen (18) feet; otherwise the street landscape buffer will remain twenty-five (25) feet. The applicant has committed to increasing the landscaping density and the caliper of trees. November 29, 2012 ITEM NO.: C (Cont.) FILE NO.: Z-3371-PP 6 With those commitments staff is able to support the revised plan. REVISED STAFF RECOMMENDATION: Staff recommends approval of the revised plan to allow six (6) grass pave sodded parking spaces. PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: D FILE NO.: Z-8807 NAME: Coulter Multisectional Manufactured Home – Conditional Use Permit LOCATION: 8511 Coulter Lake Road OWNER/APPLICANT: Julia Coulter PROPOSAL: A conditional use permit is requested to allow for the placement of a multisectional manufactured home on this R-2 zoned tract. 1. SITE LOCATION: The property is located southwest of the intersection of Coulter Lake Road and Castle Valley Road, near the southern edge of the city limits off of Chicot Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located near the southern edge of the City in an area that has maintained a fairly rural feel. A golf course wraps around much of the site. New single family homes have been built east and north of the site. The property adjacent to the north contains an older home and a single-wide manufactured home. There are other mobile and manufactured homes in the general area. This home site is somewhat separated from the new site – built homes to the east and north. The style of this proposed home is similar to the newer homes which are one-story, ranch style, primarily horizontal siding with some brick accents. Staff believes the proposed home is compatible with the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and SWLR United for Progress. 3. ON SITE DRIVES AND PARKING: The single family home requires one on-site parking space. This pipe stem lot fronts onto Coulter Lake Road. A driveway is located within the stem but that driveway is used by the neighbor to the north. Access to this lot has historically been off of the asphalt golf course parking lot. The applicant proposes to improve her driveway and to continue to use the existing access. November 26, 2012 ITEM NO.: D (Cont.) FILE NO.: Z-8807 2 4. SCREENING AND BUFFERS: No Comments. 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2012) Julia Coulter was present, representing the application. Staff briefly described the proposal, noting that no additional information was needed. Staff noted the siting criteria for multisectional manufactured homes from Chapter 36, Section 36-254(c)(5) of the Code. Ms. Coulter briefly described the property, noting that the house which existed on the site burned down in March of this year. She explained that the proposed manufactured home would be placed on the existing foundation where the house was previously located. After the discussion, the Committee forwarded the application to the full Commission for final action. November 26, 2012 ITEM NO.: D (Cont.) FILE NO.: Z-8807 3 STAFF ANALYSIS: The R-2 zoned, .72 acre tract located at 8511 Coulter Lake Road was previously occupied by a two-story, single family residence. The applicant had lived there for 27 years. On March 3 of this year, a neighbor was burning brush on his property when the fire got out of control. The fire spread to the applicant’s property and burned her house. The home was a total loss. The site was subsequently cleaned up, leaving only the concrete slab where the house previously stood. The applicant is now requesting approval of a conditional use permit to allow for placement of a multisectional manufactured home on the site. The home will be placed on the concrete slab. The applicant is considering a 1989, 28’ X 48’ home with a “log cabin” façade. The home will have a pitched roof and will be underpinned to comply with code requirements. A deck (6’ X 6’) will be added at the front entrance. The driveway will be graveled and contained to comply with the “parking in yards” regulations. Staff is supportive of the request. There are other manufactured and mobile homes in the general area, including next door. This site is separated from most of the other homes but it does have similarities that contribute to its compatibility with those homes; including one-story, ranch style, siding and orientation toward the street. The home is actually to be placed over 200 feet off of the street. Trees and other vegetation are located along the front perimeter of the lot and the home will be located behind them. 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 and conditions outlined in Section 6 of the agenda staff report. 2. Placement of the home is to comply with the following siting criteria from Chapter 36, Section 36-254(c)(5). a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. November 26, 2012 ITEM NO.: D (Cont.) FILE NO.: Z-8807 4 e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) The applicant was present. There was one registered objector present. One letter of opposition had been received. There were only six (6) commissioners present. The Chair offered the applicant an opportunity to defer the item to a later date. The applicant stated she wished to accept the deferral offer. There was no further discussion. A motion was made to defer the item to the November 29, 2012 meeting. The motion was approved by a vote of 6 ayes, 0 noes and 5 absent. PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: E FILE NO.: MSP12-05 Name: Master Street Plan Amendment, modifying the Collector Standard between Patrick Country and East Pinnacle Roads Location: Between Patrick Country and East Pinnacle Roads, north of Cantrell Road Request: Modify the design standard Source: Joe White, White-Daters PROPOSAL / REQUEST: A Master Street Plan amendment in the Pinnacle Planning District to reduce the Collector design standard for the proposed route connecting Patrick Country and East Pinnacle Roads. MASTER STREET PLAN: East Pinnacle Road and Patrick country Road are Collectors and are proposed to be connected as a Collector. The request is for that portion that would connect the two existing roads. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. BICYCLE PLAN: There are no bike routes shown in the immediate vicinity. PARKS: According to the Master Parks Plan, this area is within eight blocks of a park. Pinnacle State Park is located north and northwest of the ownership requesting the amendment. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: The applicant requested on Friday September 28, 2012 that this item be deferred to the November 29, 2012 meeting, so that the applicant and Staff may further discuss this request. November 29, 2012 ITEM NO.: E (Cont.) FILE NO.: MSP12-05 2 NEIGHBORHOOD COMMENTS: Notice was sent to the Coalition of West Little Rock Neighborhoods. Staff has received a call requesting additional information. STAFF RECOMMENDATIONS: Staff is supportive of the request to defer this item. PLANNING COMMISSION ACTION: (OCTOBER 11, 2012) The item was placed on the Consent Agenda for Deferral to November 29, 2012 at the request of the applicant. By a vote of 6 for, 0 against and 5 absent the Consent Agenda was approved. STAFF UPDATE: (NOVEMBER 29, 2012) The requested amendment goes along and through a steep ridge-line. To the north is a railroad and state owned property that is part of Pinnacle State Park. There is not likely to be much if any access to this land to the north. The land requesting the Master Street Plan change is undeveloped and wooded with no subdivision plats filed to show how it might be developed. Much of the undeveloped land to the west and south of this Collector is on other ownerships and will likely take access to either The Divide Parkway or Valley Ranch Drive, not this proposed connection. Since the Collectors are in place (though not built to full standard) for both Pinnacle East and Patrick Country Roads, this connection would primarily be for the land that it passes through. There could be some traffic that uses it to pass through the area. Through the subdivision process a connection that is somewhat indirect could be approved making such a movement less desirable. The actual alignment will be decided with the subdivision plat of this land. The current Master Street Plan requirement is a 36-foot wide road within a 60-foot right-of-way. The request is for a 26-foot wide road within a 50-foot right- of-way. Staff is willing to consider a reduced standard for this connection. Staff reviewed the request based on the existing zoning pattern with consideration of the existing topography and lack of development potential north of the ownership requesting the change. With no actual plat to help staff know how the property will be developed, some assumptions must be made. They are, that the area would be developed, totally single-family detached with large-lots well above the zoning minimum lot size. November 29, 2012 ITEM NO.: E (Cont.) FILE NO.: MSP12-05 3 Upon initial review by Staff, two options were proposed to the applicant. The first option would be allowing no access except by other streets. This was based on the approved Collector through the Woodlands Edge Subdivision south of Kanis Road and west of Bowman Road in west Little Rock. The second option would allow access to future adjacent lots, but required a large street section that the applicant originally requested. This is based on experience with other streets in the area, where homeowners want on-street parking, maneuvering into and out of drive-ways, and their concerns with traffic on such Collectors. Such a design has been approved in this Sienna Lakes Subdivision in southwest Little Rock. After discussion with Staff the applicant modified their request on November 2, 2012 to the 31-foot wide Collector in a 60-foot right-of-way. This is the second option proposed by Staff and has been previous approved in the Sienna Lakes Subdivision off Crystal Valley Road. STAFF RECOMMENDATIONS: Staff recommends approved of the amended application. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) The item was placed on consent agenda for approval as amended. By a vote of 9 for 0 against and 2 absent the consent agenda for approved. November 29, 2012 ITEM NO.: 1 FILE NO.: LU12-19-01 Name: Land Use Plan Amendment – Chenal Planning District Location: Rahling Road east side south of Pebble Beach Road Request: Amendment to change from Residential Low Density and Residential Medium Density to Office, Neighborhood Commercial, Residential Medium Density, Residential Low Density and Park Open Space Source: Tim Daters, White-Daters & Associates PROPOSAL / REQUEST: A Land Use Plan amendment in the Chenal Planning District from Residential Low Density and Residential Medium Density to Office, Neighborhood Commercial, Residential Medium Density, Residential Low Density and Park Open Space. The applicant has also filed a large rezoning for this site and a Master Street Plan amendment for this site. The applicant is proposing these changes to allow for commercial uses, office uses, medium density residential which would accommodate six to twelve units per acre, and some open space. Residential Low Density (RL) provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. Residential Medium Density (RM) 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. Office (O) represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. Neighborhood Commercial (NC) includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area. Park/Open Space (PK/OS) includes all public parks, recreation facilities, greenbelts, flood plains, and other designated open space and recreational land. November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 2 EXISTING LAND USE AND ZONING: The property is currently zoned MF18, Multi Family (27± acres) with the balance in R2 Single Family zoning. To the north, east and south on the east side of Rahling, it is zoned R-2 Single Family and includes both vacant wooded land and single family houses. To the southwest on the east side of Rahling, there is a mixture of multifamily MF-6, MF-18, Neighborhood Commercial C-1 and General Office O-3 zoning. On the west side of Rahling, there are large areas of Open Space OS zoning, Multifamily MF-12 along Rahling Road with the balance in single-family R-2 property that is mostly vacant wooded land. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The Future Land Use Plan shows Residential Low Density and Residential Medium Density for this property. Surrounding the application area is Residential Low Density to the east and northeast; Residential High Density, Mixed Use and Neighborhood Commercial to the southeast; and Park/Open Space and Residential Low Density to the west and northwest. In May 2009, A Land Use Plan amendment from Low Density Residential and Single Family to Multi Family, Commercial, Office, Single Family and Park/Open Space was withdrawn from the Board of Directors agenda by the applicant on this same site. (Classification names of Residential uses changed since this application. The comparable categories are Residential Medium Density and Residential Low Density.) On August 15, 2006, an area was amended at the eastern intersection of LaGrande and Rahling Roads from Multi Family to Mixed Office Commercial to allow for future development. On June 17, 2003, changes from Office, Multifamily, and Single Family to Multifamily and Low Density Residential located northeast of Chenal Parkway around Rahling Road were made to reflect new zoning in the area for future development. MASTER STREET PLAN: Rahling Road is shown as a Minor Arterial north of Kanis Road. 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 Rahling since it is a Minor Arterial. Wellington Plantation Drive and Beckenham Drive are both shown as proposed Collectors through this site and intersecting with Rahling Road. The primary function of a Collector Street is to provide a November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 3 connection from Local Streets to Arterials. These three streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Ordinance 17,183 dated May 7, 1996, provided for the deferred widening of Rahling Road to the four-lane with median section as prescribed by the Master Street Plan. This widening is to be triggered by the daily traffic count exceeding 12,000 cars. Currently, Rahling Road has 13,371 trips per day as counted by the City of Little Rock Public Works Traffic Engineering. The Traffic Study by Peters and Associates and the traffic numbers from Metroplan also show traffic counts in excess of 12,000. This widening of the roadway is a separate discussion and is not linked with this Land Use Plan Amendment. There is an associated Master Street Plan Amendment on this agenda to remove the Collector classification of Wellington Plantation Drive for the un-built section of the roadway. BICYCLE PLAN: A Class I bike route is shown along Rahling Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. That Class I route has been built from Kirk Road northward along Rahling Road for the frontage of this site. PARKS: According to the Master Parks Plan, half of the amendment area is within eight blocks of a park. The northern half of this amendment site is not within eight blocks according to the Parks Plan, although the west side of Rahling Road is zoned for Open Space and is used for a walking trail. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: This amendment area is 73 acres ± along Rahling Road of undeveloped, hilly, wooded land with creeks. The land slopes from hilltops on the east down to the creek that parallels Rahling before rising again at Rahling Road. There is currently a 28-acre section of Residential Medium Density shown for a portion of this site bordering Rahling Road with the balance in Residential Low Density. This amendment proposes to change the area to reflect 25 acres ± of November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 4 Neighborhood Commercial, 13 acres ± of Office, 8 ± acres of Park/Open Space, 1 ± acres of Residential Low Density, and 20 acres ± of Residential Medium Density. Rahling Road provides the link between the major commercial centers of Chenal Parkway with Cantrell Road/Taylor Loop to the north. Rahling Road was at one time called the West Loop and/or the Outer Loop. South of Kanis Road, Rahling becomes a Principal Arterial. This road will eventually traverse from Cantrell Road southward to the County Line Road at I-30 as a principal north-south roadway. When the Land Use Plan and zoning for the Chenal (Deltic) ownership and surrounding areas was approved in the mid-1980s, a major office and commercial center was proposed at and near the intersection of what is now Chenal Parkway and Rahling Road. This general area has been seen as the community or regional shopping and employment center of western Little Rock. In addition, Rahling Road now connects with Kanis Road to the south. The general area has been growing almost continually over the past twenty years in selected spots. Many single-family subdivisions have been built during this time both to the east and to the south of this area. While much of this area is planned for Residential Low Density use, the Land Use Plan has also allotted areas for other residential development types as well as non-residential development. Along Rahling Road, there are currently 17 acres of undeveloped Residential High Density to the north of the site and 28 acres of undeveloped Residential Medium Density on the site. Residential Medium Density provides an option other than Single Family detached for future development. The Plan classifications and zoning have been in place for approximately two decades along this stretch of Rahling Road. The areas shown as Office on the Land Use Plan and zoned for office have been developed south of Rahling, but approximately 86 acres to the north of Rahling have yet to be developed. There are 17 acres of land classified as Neighborhood Commercial on the Land Use Plan to the southwest of this application that are zoned C-1 and are vacant. Rahling Road is not currently constructed to full Master Street Plan standard for the entire length of the project area. Traffic counts on the road have been steadily increasing over time while the property sits undeveloped. The traffic count has now been triggered to fulfill the agreement of Ordinance 17,183 of 1996 for the developer to widen the roadway. (See Master Street Plan section above for further details.) As development of this section of Little Rock continues and based on the current Land Use Plan, Rahling Road volumes should reach Arterial design numbers in the next few years. The Master Street Plan states that a four lane with a median or a five lane street should be able to carry 18,000 vehicles per day. Over that number, congestion and delay will result. With the development of the site with the proposed higher intensity Land Use November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 5 Classifications, those traffic numbers would increase even quicker and with more intensity. The traffic study provided by the applicant, projects numbers in excess of 18,000. Placing non-residential uses along Rahling Road will typically result in multiple curb cuts as opposed to lower number of cuts required for Residential Medium Density developments. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Rahling since it is a Minor Arterial. The definition of Neighborhood Commercial (NC) states: “The neighborhood commercial category includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area.“ When concentrating the non-residential areas and higher density residential at the intersections of the Collectors and Rahling Road with entrances should be off the collectors to reduce the entrances and exits on the Arterial. This would give the neighborhoods access to the non-residential uses without accessing the arterial system of the area and thereby may reduce some of the traffic burden off Rahling Road. This application is proposing to add 13 acres ± of Office and 25 acres ± of Neighborhood Commercial, as stated above. This area of Little Rock still has about 86 acres of undeveloped Office within a mile of this application and approximately 36 acres of undeveloped Commercial and Neighborhood Commercial along Rahling Road just west of this application area that is undeveloped. In addition, there are 46 acres of Mixed Office Commercial on Wellington Hills Road just south of Immannuel Baptist Church that is vacant. The most recent commercial development was the permitting of the Promenade at Chenal center in 2007. The development that has occurred in areas shown as Commercial and Office areas as shown on the Land Use Plan occurred more than five years ago. The areas shown as Neighborhood Commercial nearest to the site remain undeveloped. The existing Commercial and Office areas shown on the Land Use Plan is part of a large 'node' around the Chenal Parkway-Rahling Road intersection and includes intersections of these roads with Kanis Road, Kirk Road and Wellington Boulevard (all of which are Arterials). In summary, there are ample areas already classified on the Land Use Plan for the non-residential uses that are vacant and available for development. The Rahling Road corridor has been planned to be residential with various densities of residential proposed on the Plan and also zoned accordingly. There has already been some intensification of land use and zoning along Rahling Road in the Kirk Road and Chenal Valley Drive area. The City does discourage 'stripping' or lining of Arterials with commercial uses and concentrating such uses in 'nodes'. The proposed amendment would add more non-residential uses (Neighborhood Commercial, Office) north along Rahling Road. The shape of the November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 6 non-residential along Rahling Road encourages a more ‘strip’ type of development fronting Rahling Road, rather than an area of non-residential development. This would amount to stripping the Rahling Road with non- residential uses or at best, introducing a new node of non-residential. Also, the typical development pattern for the Neighborhood Commercial use would be for multiple access points on Rahling Road with greater turning movements reducing the carrying capacity for Rahling Road. Commercial uses also have a larger footprint than typical homes in the area. This parcel is approximately 73 acres along Rahling Road of undeveloped, hilly, wooded land with creeks. The land slopes from hilltops on the east down to the creek that parallels Rahling before rising again at Rahling Road. In addition to the streams that parallel Rahling Road on the west side, there are three streams that run perpendicular to the Rahling road that bisect the site. Rahling Road basically runs in the bottom of the valley between the hilltops and drains the area before emptying into the Hickory Creek that parallels Hinson Road. This parcel has four hilltops with elevations ranging from 468’ – 640’. Just outside the parcel is the hilltop near Beckenham Drive that is at 804’ with the mountainside at 714’ when it enters the property. Near the southern boundary, there is a hilltop with an elevation of 640’. In laymen’s terms, the site rises from the lowest point to the highest the equivalent of a 30 story building. There is a stream that parallels Rahling Road with elevations of 512’ (the adjacent roadway being 38’ higher) at the southern end and elevations of 402’ (the adjacent roadway being 6’ higher) at the northern end near Pebble Beach. The east/west sections through the site roughly parallel to Rahling Road have slopes from 12- 20%. Non-residential land uses are typically on flatter land, or land that has been flattened, simply because of the larger footprints of buildings and parking lots. This site has grades similar to Chenal Ridge to the north, Belle Point to the southeast, and others (Bellegarde Drive, Varennes Court and Champagnolle Court). Those developments averaged 19% for their steepest slopes which is comparable or slightly steeper than these slopes. In summary, land that is steeper is more suitable to development with smaller footprints because of less grading required. This land, with its existing grades, is more suitable for smaller footprint development, which could be Low and Medium Density Residential. Staff is not supportive of the prospered changes to the Future Land Use Plan. In summary, there is ample undeveloped land in the vicinity that is classified as non-residential to serve that area for the immediate future. Second, an increase in intensity of Future Land Use classifications for areas along Rahling Road will exacerbate an already increasing traffic problem. Third, stripping of Rahling with non-residential uses is not a desirable land use plan approach. Fourth, the November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 7 topography of the land is not suited for the larger footprints of non-residential uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Chenal Ridge POA and The Villages of Wellington. Staff has received on contact requesting information on the request. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Brian Minyard, Staff, made a brief presentation for the item. Bill Spivey and Tim Daters spoke in favor of the applications covering points such as the history of the previous actions in front of the Planning Commission on the site and how that they had been working with the neighborhood groups on this proposed plan change. Ernie Peters spoke concerning the traffic numbers in relation to the Land Use Plan changes and stated that the roadways would be able to handle the additional traffic. Larry Grace, of Villages of Wellington, spoke in favor of the applications with the increased buffer between their houses and the multi family development. Several persons, Bryan Meldrum, Wanda Crow, Ron Sheffield, Manish Joshi, Hari Eswaran, and Casey Neece spoke in opposition to all of the proposed changes including the Future Land Use Plan amendment. Dana Gaddy, Linda Williams, Pao Teng Tsai, and Bud Laumer spoke in opposition to the Future Land Use Plan amendment but focused on the removal of Beckenham from the Master Street Plan which was not on the proposal. Ruth Bell, Pulaski County League of Women voters, spoke against the items. She encouraged proper planning and warned the commission of tinkering with the plan with unintended consequences later. Bill Spivey spoke and informed the commission that these items in front of the commission were a result of the conversations that were held with the two neighborhood groups that were initiated by those neighborhood groups. He continued that if the area could have been built as single family, it would have been developed years ago. He commented that it was a tough piece of property to develop and that the current plan was superior to what was proposed earlier. November 29, 2012 ITEM NO.: 1 (Cont.) FILE NO.: LU12-19-01 8 A motion was made to approve the item and seconded. The motion passed with a vote of 7 ayes, 2 noes and 2 absent. November 29, 2012 ITEM NO.: 1.1 FILE NO.: Z-8165-B Owner: Deltic Timber Corporation and Ager Shuffield Joint Venture Applicant: Tim Daters, White-Daters and Associates Location: East side of Rahling Road, south of Pebble Beach Drive Area: 69.1716 Acres Request: Rezone from R-2 and MF-18 to R-2, MF-12, O-3, C-1 and OS (with conditions) Purpose: Future development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property and single family residences; zoned R-2 South – Undeveloped property and single family residences; zoned R-2 East – Undeveloped property and single family residences; zoned R-2 West – Undeveloped property (across Rahling Road); zoned OS, R-2 and MF-12 A. PUBLIC WORKS COMMENTS: 1. Per City Ordinance #17.183, Rahling Road is to be widened at the time traffic counts reach 12,000 vehicles per day. Current traffic counts show 12,000 or more vehicles per day travel on Rahling Road. Therefore, widening of Rahling Road to meet Master Street Plan standard is required. 2. Driveway locations, traffic access and circulation must meet the requirements of Sections 30-43 and 31-210. 3. Provide a traffic study showing the impacts of the zoning change on existing and future streets in the area. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. November 29, 2012 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8165-B 2 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, the Chenal Ridge, Hillsborough and Villages of Wellington Neighborhood Associations, and the Coalition of West Little Rock Neighborhoods were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Residential High Density (RH) and Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The Residential High Density category provides for residential development of more than twelve (12) dwelling units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) and MF-18 (Multifamily District – 18 units/acre) to R-2 (Single Family District), OS (Open Space District), MF-12 (Multifamily District – 12 units/acre), C-1 (Neighborhood Commercial District) and O-3 (General Office District) to allow for future development on this site. A Land Use Plan Amendment has been filed and accompanies this application. Master Street Plan: Rahling Road is a Minor Arterial and Beckenham and Wellington Plantation Drive extensions are shown as Collectors on the Master Street Plan. 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. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Rahling Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Rahling Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). November 29, 2012 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8165-B 3 E. STAFF ANALYSIS: Deltic Timber Corporation and Ager Shuffield Joint Venture, owner of the 69.1716 acre property located along the east side of Rahling Road, south of Pebble Beach Drive, are requesting to rezone the property from “R-2” Single Family District and “MF-18” Multifamily District to “OS” Open Space District, “R-2” Single Family District, “MF-12” Multifamily District, “O-3” General Office District and “C-1” Neighborhood Commercial District (with conditions). The rezoning is proposed for future development of the property. The 69.1716 acres proposed for rezoning is comprised of 11 areas within the property. Following is a list of the 11 areas within the 69.1716 total acres proposed for rezoning, from north (at the southeast corner of Rahling Road and Pebble Beach Drive) to south: AREA LOCATIONS ACREAGE Area 1 – R-2 to OS ( 1.57 Acres) Area 2 – R-2 to O-3 (13.69 Acres) Area 3 – R-2 to C-1 (13.21 Acres) Area 4 – MF-18 to C-1 ( 2.12 Acres) Area 5 – MF-18 to C-1 ( 9.96 Acres) Area 6 – R-2 to MF-12 (11.96 Acres) Area 7 – MF-18 to MF-12 ( 8.28 Acres) Area 8 – MF-18 to OS ( 5.46 Acres) Area 9 – R-2 to OS ( 0.04 Acre) Area 10 – MF-18 to R-2 ( 1.53 Acres) Area 11 – R-2 to OS ( 1.35 Acres) The property owner has a total of approximately 134.9 (27.34 acres of MF-18 and 107.59 acres of R-2) acres located along the east side of Rahling Road, south of Pebble Beach Drive. As noted above, 69.1716 acres is proposed to be rezoned, leaving 65.23 acres of existing R-2 zoned property. The proposed rezoning will result in the following zonings for the overall 134.4 acre property: • OS – 8.38 Acres • R-2 – 66.8 Acres • MF-12 – 20.24 Acres • O-3 – 13.69 Acres • C-1 – 25.29 Acres November 29, 2012 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8165-B 4 The applicant is proposing several conditions for the proposed rezoning, as well as an edited list of permitted uses for the O-3 portion. The conditions are as follows and presented as attachments to the agenda staff report. 1. Restrictions to the "0-3" area are as follows: (i) List of specific permitted and conditional uses is attached as Exhibit "A" hereto; (ii) Height limitation on building of no more than three (3) stories; and (iii) Building footprints limited to 20,000 square foot per floor (total of 60,000 square feet for three (3) story office building); 2. Site plan review for all commercial and office development. 3. All developments subject to Chenal Valley Architectural Control Committee review and approval. 4. Chenal Valley Master Property Owners' Association will govern use, maintenance and upkeep of all properties. 5. Removal of Plantation Drive as a through collector street from the Villages of Wellington to Rahling Road, provided, however, that Plantation Drive may be extended to serve a single family residential area contiguous to the northern boundary of the Villages of Wellington. 6. Construction of only so much of Beckenham Drive is required by the boundary street ordinance (no off-site construction in the S1/2 SW1/4, Section 30, T2N, R13W and no connection to the eastern most portion of Beckenham Drive.) The property is currently undeveloped and wooded. The property has varying degrees of topography throughout the site. There is undeveloped R-2 zoned property immediately north, south and east of the property proposed for rezoning. Single family residences are located further north, south and east. There is undeveloped property, zoned OS and R-2 located across Rahling Road to the west. Multifamily developments are located further west near the Rahling Road/Kirk Road intersection. There are other non-residential uses also further west along Rahling Road. November 29, 2012 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8165-B 5 The City’s Future Land Use Plan designates this property as Residential Low Density and Residential High Density. A proposed Land Use Plan amendment to Park/Open Space, Office, Neighborhood Commercial, Residential Medium Density and Residential Low Density is a separate item on this agenda. The applicant has also requested a Master Street Plan amendment to change Wellington Plantation Drive to a local street from its current terminus to Rahling Road. This is also a separate item on this agenda. Staff is not supportive of the requested rezoning. Staff believes it is appropriate, based partially on the existing topography, for this property to develop as it is currently zoned (R-2 and MF-18). Several streets within adjacent developed single family residential neighborhoods currently “stub out” at the boundary of this overall property. Staff believes continuation of these streets into the subject property, with additional single family residential development, would be the best use of the property. A portion of the property (with the south half) is currently zoned MF-18, and a future development of this property would take access from Rahling Road or an extension of Wellington Plantation Drive. Additionally, there is a large amount of undeveloped property, currently zoned for Multifamily, Office and Commercial development, within the nearby Chenal Parkway and Highway 10 vicinity. Staff feels that additional Multifamily, Office and Commercial zoning along this section of Rahling Road which is more single family residential in nature, would be detrimental to the existing neighborhoods, creating additional traffic and a level of noise and light pollution which should not be introduced into this area. F. STAFF RECOMMENDATION: Staff recommends denial of the requested OS, R-2, MF-12, O-3 and C-1 rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Bill Spivey, Tim Daters and Ernie Peters were present, representing the application. There were several registered objectors present. Staff presented the application with a recommendation of denial. Staff explained that a bylaw waiver was needed due to some of the notices to surrounding property owners being mailed two (2) days late. There was a motion to waive the bylaws and accept the notification as completed by the applicant. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. Bill Spivey addressed the Commission in support of the application. He provided a brief history of the property. He explained that he had worked with surrounding neighborhood associations regarding the current proposal. November 29, 2012 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8165-B 6 Tim Daters also addressed the Commission in support. He discussed the topography of the site and explained that areas of the site were too steep to develop as single family. He discussed the proposed zoning plan for the property. He discussed the master street plan issue proposed. Ernie Peters also spoke in support. He reviewed the traffic study which was conducted for the project. Larry Grace, president of Villages of Wellington Neighborhood Association, also spoke in support. He explained that the proposed rezoning and master street plan applications were appropriate. Dana Gatty, Vice-President of Hillsborough Neighborhood Association, spoke in opposition. She noted that petitions and letters of opposition had been submitted. She expressed concern with the increased intensity of the proposed rezoning. She also discussed issues associated with the master street plan and Beckenham Drive. Linda Williams also spoke in opposition. She expressed concern with the proposed rezoning and traffic. Bryan Meldrum also addressed the Commission in opposition. He noted the he was a number of the Chenal Ridge POA Board. He stated agreement with staff’s recommendation. He expressed concern with the increased intensity of the proposed rezoning and the traffic it will create. Pao Teng Tsai also spoke in opposition. She made comments regarding Beckenham Drive. Wanda Crow also spoke in opposition. She expressed concern with the proposed zoning. Bud Laumer also spoke in opposition to the rezoning and discussed issues related to the master street plan. Ron Sheffield also addressed the Commission in opposition to the rezoning. He also made comments related to the master street plan. Manish Joshi also spoke in opposition to the rezoning. He also discussed master street plan issues. Hari Eswaran also spoke in opposition to the rezoning and master street plan amendment. November 29, 2012 ITEM NO: 1.1 (Cont.) FILE NO.: Z-8165-B 7 Casey Neese also spoke in opposition, explaining that he purchased his home with respect to the current zoning in the area. Ruth Bell, with the League of Women Voters of Pulaski County, noted that the league was concerned with planning. She stated that the current plan for the area should be maintained. Bill Spivey made additional comments in support of the application. He discussed master street plan issues. There was a brief discussion regarding the International Fire Code and the master street plan amendment. There was a motion to approve the rezoning application. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. The application was approved. Z- 8165 -B Conditions as Proposed by the Applicant List of additional points for inclusion in the proposed ordinance rezoning certain property on Rahling Road:. 1. Restrictions to the "0 -3" area are as follows: (i) List of specific permitted and conditional uses is attached as Exhibit "A" hereto; (ii) Height limitation on building of no more than three (3) stories; and (iii) Building footprints limited to 20,000 square foot per floor (total of 60,000 square feet for three (3) story office building); 2. Site plan review for all commercial and office development. 3. All developments subject to Chenal Valley Architectural Control Committee review and approval. 4. Chenal Valley Master Property Owners' Association will govern use, maintenance and upkeep of all properties. 5. Removal of Plantation Drive as a through collector street from the Villages of Wellington to Rahling Road, provided, however, that Plantation Drive may be extended to serve a single family residential area contiguous to the northern boundary of the Villages of Wellington. 6. Construction of only so much of Beckenham Drive is required by the boundary street ordinance (no off -site construction in the S112 SWlf4, Section 30, T2N, R13W and no connection to the eastern most portion of Beckenham Drive.) 11 48727 -v l indicates Deltic has agreed to eliminate the use in Jan. 2009. EXHIBIT "'N' yr Sec. 36-281. 0-3 general office district. (a) Purpose and intent. The 0.3 general office district is established to accommodate offices and associated administrative, executive and professional uses in new and existing structures together with specified institutional and accessary uses. This section applies to such district. The 0-3 district is characterized by freestanding buildings and ancillary parking, and shall be limited to arterial street locations in developed areas of the city and other carefully selected areas where public utilities, community facilities and other public services are adequate to support general office development. (b) Use regulations. (1) Permitted uses. Permitted uses are as follows: a. Bank or savings and loan office. b. Church. C. Clinic (medical, dental or optical). R .1. Duplication shop. 1. Establishment of a religious, charitable or philanthropic organization. in. Family care facility. n. Fire station. o. Governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space. P. Group eam fft@ility; q r. Library, art gallery, museum or similar public use. }- T ,..dg@ at g hems 00 v. Office (general or professional). w. Photography studio. �F��eeel� — _, a..54;'_(Maved to Conditional) y. Rooming, lodging and boarding facilities. z. School (business). .. ..: -- �,. z ?, (Moved to Conditional)) bb. Studio (broadcasting and recording). 1141888•V1 cc. Studio (art, music, speech, drama, dance or other artistic endeavors). dd. Travel Bureau. (2) Accessory uses. The following accessory uses are permitted only in conjunction with an allowable use or uses in the 0.3 district and shall not exceed ten (10) percent of the total floor area on the site. a. Antique shop. b. Barber and beauty shop. c. Book and stationery store. d. Camera-shop. candy store. f. Clothing store. g. Custom sewing or millinery. h. Drugstore or pharmacy. i. Eating place without drive-in service. j. Florist shop. k. Health studio or spa. 1. Hobby shop. m. Jewelry store.. n. Key shop. o. Laundry pickup station. p. Tailor shop. (3) Conditional uses. Conditional uses are as follows= a. Ambulance Service Post. b. Animal clinic (enclosed). c:. Barber and beauty shops. d ran 0 1 -1 e. Health studio or spa. f. Job printing, lithographer, printing or blueprinting;. 4 lot or gavq*ce- - �!e Tld 1.•en..,i_. a i1` f.,.. _ _. F]_ :..�1�..,..t_.__�L j. Orphanage. k. School (commercial, trade or craft). m. Private school, kindergarten or institution for special education. n. School (public or denominational). 1141888-1 November 29, 2012 ITEM NO.: 1.2 FILE NO.: MSP12-06 Name: Master Street Plan Amendment, removing the extension of Wellington Plantation Drive Location: Wellington Plantation Drive from current terminus to Rahling Road Request: Remove Collector designation Source: Tim Daters, White-Daters PROPOSAL / REQUEST: A Master Street Plan amendment in the Chenal Planning District to remove the extension of Wellington Plantation Road as a Collector from its current terminus to Rahling Road. MASTER STREET PLAN: Wellington Plantation Drive is a Collector. This Collector goes north and west from Wellington Village Road (a Collector) to Rahling Road a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. BICYCLE PLAN: There is a Class III Bike Routes shown along Wellington Village Road and a Class I Bike Path shown along Rahling Road. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or and easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). PARKS: According to the Master Parks Plan, this area is within eight blocks of a park or open space. The Property Owners Association Park is to the south at Wellington Village Road and Loyola Drive. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. November 29, 2012 ITEM NO.: 1.2 (Cont.) FILE NO.: MSP12-06 2 ANALYSIS: The requested amendment would remove the connection, a Collector, between Rahling Road and the subdivision of ‘Villages of Wellington’. It would force all traffic from these neighborhoods to travel along Wellington Village Road to Kirk and on to Rahling Road if they wished to travel to the north or northwest. The applicant has indicated that reason or justification for the removal of the Collector connection is ‘other improvements’ and ‘low projected traffic volume’ for this proposed road. The connection that would be lost with this amendment first appeared on the Master Street Plan in 1988 as an Arterial alignment. It was to be a continuation of 36th Street which would have turned north traveling through what is now the Woodlands Edge Subdivision and the Villages of Wellington Subdivision. That alignment through the Woodlands Edge Subdivision is generally what is now a Collector named W oodlands Trail. Sections of Wellington Village Road and Wellington Plantation Drive generally follow other sections of that alignment through the Villages of Wellington Subdivision. Staff is not aware of any new street improvements that are not already called for by the Master Street Plan. The ultimate volume on Wellington Plantation Drive if it continues to Rahling may be below the ‘design volumes’ in the Master Street Plan of Collectors. However the function of a Collector is to collect traffic from neighborhood streets and bring it to the Arterial system would still exist. In western Little Rock, the grid street pattern has not been developed. Many Local streets are loop or cul-de-sacs. There are no regulations to require the connectivity of a grid street system. The result in western Little Rock is longer trips to services, work and play. Most ‘trips’ must include travel on a Collector and Arterial, resulting in higher volumes on these roads. With no alternatives, volume and congestion is likely to be greater on the Collectors and Arterials. In 2010 and 2011, traffic counts were made for Wellington Village Road. Those counts revealed an average daily volume (ADT) range from 2000 to 2500 trips west of Wellington Plantation Drive. Traffic counts for Rahling Road indicate it is currently over 12,000 ADT near Pebble Beach. A Collector built to Master Street Plan standard would have a free flow of traffic up to a volume of 5000 ADT and an Arterial to 18,000 ADT. The applicant’s Traffic Study (provided to staff approximately November 1) clearly states that it assumes Wellington Plantation Drive extension to Rahling Road will not happen. Thus its findings and recommendations are not included in the review. The City’s Public Works Department has raised concern that the removal of Wellington Plantation Drive would limit access to some 85 homes to a single access. This is in conflict with the International Building Code that states that there must be two (2) vehicle accesses for subdivisions in excess of November 29, 2012 ITEM NO.: 1.2 (Cont.) FILE NO.: MSP12-06 3 30 residential structures for emergency vehicles. (Either a second access must be provided or the homes will have to be sprinkled). They also noted the lack of north-south connectivity in the vicinity. The removal of Wellington Plantation Drive would further reduce north-south connectivity. (There would be no north- south connectivity from Bowman Road to Kirk Road). It is desirable to distribute the traffic to reduce any impacts on any one area. The completion of Wellington Plantation Drive would distribute some traffic off of Wellington Village Road. Both of these streets are Collectors on the Master Street Plan and both have single-family homes fronting them. In both cases the roads were shown as Collectors prior to construction of the roads and the adjacent homes. Reductions in connectivity only increase traffic volumes on other streets and often result in long trip distances for the driver. The loss of connectivity and the creation of a single access to the area with more than 30 residential units, may hurt the City with any future reviews for fire ratings. For future Planning issues it is important to attempt to improve the situation for the overall City and area, not just look at an issue with localized concerns. Connectivity benefits public safety and the traveling public. NEIGHBORHOOD COMMENTS: Notice was sent to the Villages of Wellington Community. Staff has received no comments by the time of writing this item. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) It was agreed to talk about items 1, 1.1 and 1.2 together. After staff reports on items 1 and 1.1, Walter Malone of Planning Staff addressed the Commission on item 1.2. This is the request to remove the portion of Wellington Plantation Drive, that has not already been constructed, from the Master Street Plan. Mr. Malone showed the Commission the segment we were discussing. He indicated the two major reasons Staff cannot support the request is the connectivity issue and the concern of how this might be seen related to the fire code requirement. There are two proposed Collectors that serve the Wellington area to the north and northwest, one is Wellington Village and one is Wellington Plantation. Both of these roads pre-date the subdivision of Villages of Wellington and both have homes fronting them. Staff believes it is better to distribute the traffic between these two roads not concentrated it all on Wellington Village. November 29, 2012 ITEM NO.: 1.2 (Cont.) FILE NO.: MSP12-06 4 The Master Street Plan requirement to build Wellington Plantation assures two accesses to this portion of Villages of Wellington. There are currently 85 homes off of Wellington Plantation Drive. Since this is a code requirement, Staff cannot support losing a known access for a ‘possible’ access that may be provided in future development. The applicant addressed the Commission, as well as supporters of the three applications and those against the applications (see items 1 and 1.1 for additional minutes on this item). A representative of the Villages of Wellington neighborhood did speak in support of the Master Street Plan change. There were residents who spoke to the Commission about Beckenham and concerns of traffic impacts along that road with the land use and zoning applications making those impacts greater. Mr. Peters, Traffic Engineer for the applicant, did discuss Wellington Village as a second access and the low volumes expected on Wellington Village and Wellington Plantation if build. He further stated that with the connection of Wellington Village to Kirk Road, the need for Wellington Plantation was lessened. Mr. Daters also noted the possibility of a ‘short-cut’ along Wellington Plantation to Wellington Village to Wellington Boulevard and Chenal Parkway, rather than continuing along Rahling Road to Kirk Road and on to Chenal Parkway as a reason not to build the continuation of Wellington Plantation Drive. In response to a question, Mr. Spivey and Mr. Daters for the applicant did explain how a second access could be done and would be done with the review of any future subdivision or site plan review application of the land north of Wellington Plantation Drive. A motion was made to approve the Master Street Plan amendment as requested. By a vote of 3 for, 5 against, 1 abstention (Nunnley) and 2 absent the motion failed. November 29, 2012 ITEM NO.: 2 FILE NO.: Z-8812 Owner: Jane McKinney and Linda Shuffield Applicant: David A. Couch Location: 1200 -1206 S. Taylor Street Area: 0.46 Acre Request: Rezone from R-3 and R-4 to O-1 Purpose: Office Use Existing Use: Single family residence SURROUNDING LAND USE AND ZONING North – Church facility and commercial uses (across West 12th Street); zoned PCD and C-3 South – Single family residences; zoned R-3 East – Commercial use (Walgreens) (across S. Taylor Street); zoned C-1 West – Single family residences; zoned R-3 and R-2 A. PUBLIC WORKS COMMENTS: 1. A 20-foot radial dedication of right-of-way is required at the intersection of W. 12th Street & S. Taylor Street. 2. West 12th Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 3. Due to the proposed use of the property, the Master Street Plan specifies that S. Taylor Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 4. At the time of development, Sections 30-43 and 31-210 of the City code pertaining to driveway spacing must be met. The driveway spacing on 12th St. is 300 ft. and spacing on Taylor St. is 250 ft. The maximum driveway width is 36 ft. November 29, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-8812 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA bus route # 3 (Baptist Medical Center Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, and the Fair Park, Oak Forest, War Memorial and University District Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the I-630 Planning District. The Land Use Plan shows Office (O) for this property. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from R-4 (Two-Family District) and R-3 (Single Family Residential District) to O-1 (Quiet Office District) to allow the use of office on the site. Master Street Plan: 12th Street is a Minor Arterial and Taylor Street is a Local Street on the Master Street Plan. 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. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on 12th Street since it is a Minor Arterial. These streets may require dedication of right- of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along 12th Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. E. STAFF ANALYSIS: Jane McKinney and Linda Shuffield, owners of the 0.46 acre property located at 1200 – 1206 S. Taylor Street, are requesting to rezone the property from “R-3” Single Family District and “R-4” Two-Family District to “O-1” Quiet Office District. The rezoning is proposed to allow office use of the property. The property is located at the southwest corner of S. Taylor and West 12th Streets. The overall November 29, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-8812 3 property is comprised of three (3) platted lots, Lots 1 thru 3, Block 4, Oak Forest Addition. The property contains a one-story brick and frame structure, located near the center of the property. The structure appears to be two (2) or three (3) single family homes which were attached. Three (3) driveways from S. Taylor Street serve the site. The general area is made up of a mixture of uses and zoning. Single family residences are located to the west and south. A large church campus is located across West 12th Street to the north. A retail commercial development is located across S. Taylor Street to the east. Mixed commercial uses are located further east and northeast. The City’s Future Land Use Plan designates this property as Office. The proposed rezoning to O-1 does not require a change to the Land Use Plan. Staff is supportive of the requested O-1 rezoning. Staff views the request as reasonable. According to Section 36-279(a) of the City’s Zoning Ordinance, the purpose and intent of the “O-1” Quiet Office District is “to provide for orderly conversion of older structures no longer useful, serviceable or desirable in their present uses to office use.” This section also notes that “the area standards provided in the O-1 Quiet Office district anticipate that office uses will be located in established areas of the city and in close proximity to apartments and other residential uses.” Staff feels that the subject property easily fits the criteria established for the O-1 Quiet Office district. However, the applicant needs to be aware that prior to any O-1 use of the site, the property must be brought into compliance with code standards for on-site parking. Staff believes the proposed O-1 zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested O-1 rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) Linda Shuffield was present, representing the application. There were two (2) objectors present. Staff presented the application with a recommendation of approval. Linda Shuffield addressed the Commission in support of the application. She explained that parking will be provided for office use of the property. November 29, 2012 ITEM NO.: 2 (Cont.) FILE NO.: Z-8812 4 Joe Busby addressed the Commission in opposition. He gave a brief history of the property. He discussed the past use of the property. He discussed the issue of parking related to the property. He noted problems with past use of the property. He also noted that the property had been allowed to deteriorate. He provided photos to the Commission. Bob Lincoln also spoke in opposition. He concurred with Mr. Busby’s concerns. Linda Shuffield explained that she desired to improve the property. Commissioner Nunnley asked about the issues of parking and traffic. These issues were briefly discussed. Commissioner Fountain asked how long Ms. Shuffield had owned the property. Ms. Shuffield responded that she had owned it for one (1) year. There was a motion to approve the application for O-1 zoning. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was approved. November 29, 2012 ITEM NO.: 3 FILE NO.: Z-3371-QQ NAME: Lot 3 (Unrecorded) The Village at Brodie Creek Automobile Dealership – Conditional Use Permit LOCATION: West side of Colonel Glenn Plaza Drive, north of Colonel Glenn Road OWNER/APPLICANT: CGBRD1,LLC/White-Daters and Associates PROPOSAL: A conditional use permit is requested allow for development of an automobile sales dealership on this undeveloped, 3 acre lot. The property is zoned C-2. 1. SITE LOCATION: The site is located on the west side of Colonel Glenn Plaza Drive, approximately 600 feet north of Colonel Glenn Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within the commercial node developed around the Colonel Glenn/I-430 interchange. This area immediately west of I-430 is developing as automobile dealerships. A new dealership is under construction immediately to the east. Two others are proposed (items 4 and 5 on this agenda) to the south. Several others are located across Colonel Glenn Road to the south. Vacant, C-2 zoned properties are located to the north, south and southeast. A nursing school and parking lot are located to the west. It appears staff that the proposed new car dealership 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 John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The proposed development will have two driveways onto Colonel Glenn Plaza Drive. The site will contain 166 paved parking spaces that will be used for customer and employee parking and vehicle display. An additional 11 vehicle display pads are indicated to be scattered around the site, in the landscape areas. Those will only be permitted if they do not create non-compliance with the City’s Landscape Ordinance. The transport truck route has been indicated on the plan, entering one November 29, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-QQ 2 driveway and exiting the other. No transport will be allowed to park on the street for loading unloading vehicles. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. Areas set aside around the perimeter of the site appear to meet City’s minimal standards for green space allocation; however, currently, there are vehicle display areas shown within these required green space areas. Eight percent (8%) of the vehicular use area must be allocated for green space. This green space must also be evenly distributed throughout the site. Per the overall development this site (all sites in this subdivision development) must have interior islands that are three hundred (300) square feet in area. Vehicle displays are also being proposed in these interior islands; therefore, credit cannot be given towards meeting the City’s minimal requirement. A small amount of building landscaping will also be required. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, 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 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. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 3. 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. November 29, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-QQ 3 4. Retaining walls designed to exceed fifteen (15) feet in height are required to seek a variance for construction. Provide proposed wall elevations. 5. If not already provided, prior to construction of retaining walls, a 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. Storm water detention ordinance applies to this property. Show the location of the detention facility. 7. At the time of preliminary plat approval, the developer volunteered a financial contribution toward the installation of a signal at Colonel Glenn Road and Colonel Glenn Plaza Drive. 8. No offloading of vehicles is allowed within the public right-of-way. Show the on-site transport vehicle route on the site plan for a WB-50 vehicle. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Thirty (30) feet utility easement is required on all perimeters for overhead power lines. Contact Entergy for additional information. 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. 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. November 29, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-QQ 4 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: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 1, 2012) Joe White was present, representing the application. Staff presented the item and noted additional information was needed regarding building material and design, fencing and the location of mechanical equipment. The applicant was asked to label the dimensions of the parking stalls, driveways and landscape areas. Staff requested details of the proposed use; specifically what auto repair or service would take place on-site. The applicant was advised to remove the two vehicle display pads that were indicated in the front landscape buffer area, to label the dumpster enclosure to be screened on all four sides and to indicate the truck route and on-site parking for the vehicle transport trucks. It was noted by Planning and Public Works staff that no transports would be allowed to park in the public right-of-way for unloading. Public Works Comments were discussed. It was noted that the developer had volunteered a financial construction toward a traffic signal at Colonel Glenn and Colonel Glenn Plaza Drive. Retaining wall elevations were requested. Landscape and Utility Comments were noted. The applicant was advised to respond to staff issues by November 7, 2012. The Committee forwarded the item to the full Commission. November 29, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-QQ 5 STAFF ANALYSIS: A conditional use permit is requested to allow for the development of an automobile sales dealership on this vacant, C-2 zoned, 3.0 acre lot (unrecorded). The development will consist of an 18,600± square foot building and a 166 space parking/display lot. Portions of the building will be two stories in height but will not exceed the allowable building height allowed in C-2 of 45 feet. The exterior finish of the building will likely be metal and glass with stone, brick or stucco accents. The building will contain a showroom floor, office spaces and a service center. All types of auto service will be performed, other than paint and body work. Signage request is that allowed in commercial zones. A variance is requested to allow wall signage on the south side of building which does not have direct street frontage but is visible from Colonel Glenn Road. Days and hours of operation are proposed as 7:00 a.m. to 7:00 p.m., 7 days a week. The applicant has responded to most of the issues raised at Subdivision Committee. The vehicle display pads previously shown in the front landscape/buffer area have been removed. The transport truck delivery route has been indicated on the plan. A 6-foot tall black wrought iron fence will enclosed the portion of the site behind the service center. Proper dumpster enclosure has been shown. Stormwater detention is indicated. There will be retaining walls but they will comply with ordinance standards and no variances are requested. The developer is willing to discuss with the City and other dealers the proposed cost sharing for the traffic signal at the Colonel Glenn/Colonel Glenn Plaza intersection. Typically, display is not permitted in the front 20 feet of the front setback/landscape buffer. The applicant has indicated a front landscape area of 18 feet, so the vehicle display intrudes 2 feet into the 20 foot front setback. Staff is supportive of the minor variance as long as the site is landscaped to fully comply with the Landscape Ordinance. The applicant is requesting a variance to allow wall signage on the south wall of the building which does not have direct street frontage but is visible from Colonel Glenn Road. The site has enough street frontage to allow two ground-mounted signs, but the applicant has indicated only one sign. Staff will support allowing the wall sign variance in lieu of having a second ground-mounted sign. To staff’s knowledge, there are no other issues. There is no bill of assurance for this unrecorded lot. November 29, 2012 ITEM NO.: 3 (Cont.) FILE NO.: Z-3371-QQ 6 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be low-level and directional, aimed downward and into the site. 3. The vehicle display pads shown within the site in the landscape areas are permitted only if they do not create non-compliance with the City’s Landscape Ordinance. 4. All transport truck delivery and shipments must take place on the site. No transport shall be permitted to park on the street for loading and unloading of vehicles. Staff recommends approval of a variance to allow the vehicle display with an 18-foot front landscape/buffer area as shown subject to the site being landscaped to fully comply with the City’s Landscape Ordinance. Staff recommends approval of a variance to allow wall signage on the south wall of the building, up to a maximum of 10% of the wall area, subject to the site having only one ground-mounted sign, other than for allowable directional signs. PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: 4 FILE NO.: Z-3371-RR NAME: Lot 1 (Unrecorded) The Shoppes at Colonel Glenn Automobile Dealership – Conditional Use Permit LOCATION: Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive OWNER/APPLICANT: LLEJ1/White-Daters and Associates PROPOSAL: A conditional use permit is requested to allow an automobile sales dealership on this vacant, 1.95 acre tract. The property is currently zoned PCD. The underlying zoning is C-2. The Commission has approved a request to revoke the PCD but the applicant has asked that the request not go to the Board yet. 1. SITE LOCATION: The property is located on the northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located with the commercial node developed around the Colonel Glenn/I-430 interchange. This area immediately west of I-430 is developing as automobile dealerships. A new dealership is under construction to the north, on the east side of Colonel Glenn Plaza Drive. New dealerships are proposed across the street to the east and north of the site on the west side of the street (Items 3 and 5 on this agenda). Several others are located across Colonel Glenn Road to the south. A nursing school and parking lot are located adjacent to the west. Additional undeveloped, C-2 zoned properties are located to the north. It appears to staff that the proposed new car dealership 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 John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The site will have one driveway onto Colonel Glenn Road and one on Colonel Glenn Plaza Drive. The previously indicated right-in right-out driveway at the southeast corner of the site has been removed. There will November 29, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-RR 2 be 108 paved parking spaces to be utilized for customer employee parking and vehicle display. The transport truck route has been indicated on the plan, utilizing the two driveways to circulate through the site, no transports will be allowed to park on the street for loading and unloading vehicles. 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 street buffer of fourteen (14) feet and in no case less than nine (9) feet. Eight percent (8%) of the vehicular use areas must be allocated for green space. All interior islands must be one hundred fifty (150) square feet in area and must be evenly distributed throughout the site. A small amount of building landscaping will be required. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, 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 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. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Storm water detention ordinance applies to this property. Show the proposed location. 3. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. 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. November 29, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-RR 3 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing on a commercial street is two hundred fifty (250) feet. Past proposed developments needed the south driveway on Colonel Glenn Plaza Drive for onsite maneuver ability. Maneuver ability is not needed with the proposed development and the driveway should be removed. 6. No offloading of vehicles is allowed within the public right-of-way. Show the on-site transport vehicle route on the site plan for a WB-50 vehicle. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Thirty (30) foot utility easement is required on all perimeters for overhead power lines. Contact Entergy for addition information. 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. 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 November 29, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-RR 4 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: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: This site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 1, 2012) Joe White was present, representing the application. Staff presented the item and noted additional information was needed regarding building design and materials, fencing and location of mechanical equipment. The applicant was asked to indicate specifics on the type of work to be performed in the service department. Staff asked that dimensions be indicated for parking stalls and driveways and landscape areas. Staff asked that the dumpster enclosure be indicated as screened on all four sides. The applicant was asked to indicate the delivery truck route on-site and to show parking for the delivery transports. Planning and Public Works staff both stated no transports would be allowed to park on the street for unloading and loading. Staff noted the property was zoned PCD. On March 29, 2012 the Commission voted to recommend that the PCD be revoked but the applicant had requested that the revocation not be forwarded to the Board. Public Works, Landscape and Utility Comments were discussed. Staff stated the right-in/right-out at driveway off of Colonel Glenn Plaza Drive had previously been approved when there were plans for either a convenience store or fast food restaurant driveway and it should be removed. Staff suggested a driveway onto Colonel Glenn would be better. It was noted that a variance would be needed to allow vehicle display in the front 20 feet. The Committee noted the small size of the site and stated a variance might be appropriate, if the minimum landscape requirements were met. The applicant was advised to respond to staff issues by November 7, 2012. The item was forwarded to the full Commission. November 29, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-RR 5 STAFF ANALYSIS: A conditional use permit is requested to allow for development of an automobile dealership on this undeveloped, 1.95 acre lot (unrecorded). The property is currently zoned PCD. The applicant asked that the revocation not be forwarded to the Board until a final determination was made on the use of the site. The underlying zoning is C-2. The development will consist of a 14,525 square foot building and a 108 space parking/display lot. Portions of the building will be two stories in height but will not exceed the allowable building height allowed in C-2 of 45 feet. The exterior finish of the building will be architectural metal panels, glass and curtain walls, aluminum and glass vehicle doors and hardcoat stucco. The building will contain a showroom floor, office spaces and a service center. All types of auto service will be performed, other than paint and body work. Signage requested is that allowed in commercial zones. The site will have a ground-mounted sign on each of the street frontages and wall signage on the building facades facing the two streets. A previously approved project development sign (maximum 40 feet in height and 300 sq. ft. in area) is indicated in the median of Colonel Glenn Plaza Drive. Days and hours of operation are proposed as 7:00 a.m. to 8:00p.m., Monday through Saturday. On-site directional signage will also be utilized. The applicant has responded to the issues raised at Subdivision Committee. The transport truck delivery route has been indicated on the plan. A 24” high pipe rail fence will be placed around the entire lot, with low swing gates at the drives. Proper dumpster enclosure has been shown. Stormwater detention is indicated. The developer is willing to discuss with the City and other dealers the proposed cost sharing for the traffic signal at the Colonel Glenn/Colonel Glenn Plaza intersection. Typically, display is not permitted in the front 20 feet of the front setback/landscape buffer. This is a small site and street buffers of 17 feet and 9 feet are indicated on the Colonel Glenn Road and Colonel Glenn Plaza frontages respectively. The landscape requirements are met but the street buffers are slightly less than the ordinance requirement. Consequently, the vehicle display areas are within the 20-foot front setback area. The variance on the Colonel Glenn frontage is minor; 17 feet rather than 20. The variance on the Colonel Glenn Plaza frontage is more substantial. Staff is willing to support a variance on that perimeter if landscaping in that street perimeter landscape strip is enhanced to 25% above the minimum standards of the landscape ordinance. To staff’s knowledge, there are no other issues. The previously indicated right-in right-out driveway at the southeast corner of the site has been removed. There is no bill of assurance for this lot (unrecorded). November 29, 2012 ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-RR 6 STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be low-level and directional, aimed downward and into the site. 3. All transport truck delivery and shipments must take place on the site. No transports shall be permitted to park on the street for loading and unloading of vehicles. Staff recommends approval of the variances to allow the reduced street buffers and to allow vehicle display within the front 20 feet as indicated subject to the site being landscaped to fully comply with the landscape ordinance and the street perimeter landscape area on the Colonel Glenn Plaza frontage being landscaped to 25% above the minimum standards of the Landscape Ordinance. PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: 5 FILE NO.: Z-3371-SS NAME: Lot 15 (Unrecorded) The Shoppes at Colonel Glenn Automobile Dealership – Conditional Use Permit LOCATION: Northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive OWNER/APPLICANT: LLEJ1/White-Daters and Associates PROPOSAL: A conditional use permit is requested to allow an automobile dealerships on this vacant, C-2 zoned, 5.2 acre tract. 1. SITE LOCATION: The site is located at the northeast corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located with the commercial node developed around the Colonel Glenn/I-430 interchange. This area immediately west of I-430 is developing as automobile dealerships. A new dealership is under construction to the north. New dealerships are proposed across the street to the west and to the north, on the west side of the street (Items 3 and 4 on this agenda). Several others are located across Colonel Glenn Road to the south. A nursing school is located adjacent to the west. Undeveloped, C-2 zoned properties are located generally to the north. It appears to staff that the proposed new car dealership 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 John Barrow Neighborhood Association. 3. ON SITE DRIVES AND PARKING: A single driveway is proposed off of Colonel Glenn Plaza Drive. The site will contain paved parking for 310 vehicles, to be used for customer and employee parking and vehicle display. The parking on the east side of the building has been designed as stacked vehicle display with 2 to 3 rows stacked one behind the other. An additional 78 spaces for vehicle storage will be located on the roof of the building. The transport truck route has been indicated on the plan, utilizing the one driveway and circling around the building. No transports will be allowed to park on the street for loading and unloading. November 29, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-SS 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. This site is located along Interstate 430 and thus is a Designated Scenic Corridor. Care should be given for the thirty (30) foot green space along Interstate 430 (eastern perimeter of the site). Eight percent (8 %) of the vehicular use areas must be allocated for green space. Per the overall development all interior islands must be three hundred (300) square feet in area and must be evenly distributed throughout the site. A small amount of building landscaping will be required with both projects. An automatic irrigation system to water landscaped areas will be required. Prior to a building permit being issued, 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 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. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Sidewalks with appropriate handicap ramps are required to be installed along Colonel Glenn Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 3. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 4. 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. November 29, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-SS 3 5. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 6. 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). 7. In accordance with Section 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. No offloading of vehicles is allowed within the public right-of-way. Show the on-site transport vehicle route on the site plan for a WVB-50 vehicle. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Thirty (30) foot utility easement is required on all perimeters for overhead power lines. Contact Entergy for additional information. 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. 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. November 29, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-SS 4 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: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 1, 2012) Joe White was present, representing the application. Staff presented the item and noted additional information was needed regarding building height and materials, fencing and location of mechanical equipment. The applicant was asked to label dimensions of the driveway, parking stalls and landscape areas. Staff requested specifics on the type of work to be performed in the service department. It was noted that many of the vehicle parking spaces were “stacked” two and three deep. The applicant was advised to label those spaces as vehicle display. Planning and Public Works staff asked the applicant to show the on-site truck delivery route and parking area. Staff stated transports would not be allowed to park on the street for loading and unloading. It was noted that there was on-roof vehicle display – parking proposed. Staff requested additional information and noted no roof signage would be permitted. Public Works, Landscape and Utility Comments were noted. Staff indicated a second, gated driveway might help facilitate transport truck movement through the site. The applicant was advised to respond to staff issues by November 1, 2012. The item was forwarded to the full Commission. November 29, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-SS 5 STAFF ANALYSIS: A conditional use permit is requested to allow for development of an automobile dealership on this undeveloped, C-2 zoned, 5.26 acre lot (unrecorded). The development will consist of a 45,565 square foot building and a 310 space paved parking lot. Portions of the building will be two stories in height but will not exceed the allowable building height allowed in C-2 of 45 feet. The exterior finish of the building will be architectural metal panels, glass and curtain walls, aluminum and glass vehicle doors and hardcoat stucco. The building will contain a showroom floor, office spaces and a service center. All types of auto service will be performed, other than paint and body work. Signage requested is that allowed in commercial zones. The site will have a ground-mounted sign on each of the street frontage and wall signs on the building facades which face the streets. A previously approved project development sign (maximum 40 feet in height and 300 sq. ft. in area) is indicated in the median of Colonel Glenn Plaza Drive. Days and hours of operation are at 7:00 a.m. to 8:00 p.m., Monday through Saturday. On-site directional signage will also be utilized. The applicant has responded to the issues raised at Subdivision Committee. The transport truck delivery route has been indicated on the plan. A 24” high pipe rail fence will be placed around the entire lot, with low swing gates at the drive. Proper dumpster enclosure has been indicated. The developer is willing to discuss with the City and other dealers the proposed cost sharing for the traffic signal at the Colonel Glenn/Colonel Glenn Plaza intersection. A ramp will provide access to 78 parking spaces on the roof of the building. This area will be for inventory storage only and will not be accessible by customers. The roof area will not be covered. A four (4) foot high wall will be erected around the roof top parking to provide screening. The mechanical equipment will also be roof mounted and screened. The existing AHTD control of access fence may be removed in lieu of a decorative fence, if approved by the State Highway Department. The parking area east of the building has been striped for stacked vehicle display, 2 and 3 vehicles deep. This design does not comply with the parking standards established by the Code but staff is supportive since that area is for vehicle display only, not customer or employee parking. No other variances are requested related to vehicle display. The site appears to comply with landscape and buffer requirements regarding perimeter landscape areas. The 30 feet required interstate landscape area is indicated. Stormwater has been indicated on the plan. November 29, 2012 ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-SS 6 To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this lot (unrecorded). STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. All site lighting is to be low-level and directional, aimed downward and onto the site. 3. All transport truck delivery and shipments must take place on the site. No transports shall be permitted to park on the street for loading and unloading of vehicles. Staff recommends approval of a variance to allow the stacked vehicle display areas. PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: 6 FILE NO.: Z-6860-B NAME: Beauty Ambitions Beauty/Barber Salon – Conditional Use Permit LOCATION: 5300 West Markham Street, Suite D OWNER/APPLICANT: Dr. Bert Miller/Bertha Farmer PROPOSAL: A conditional use permit is requested to allow a barber/beauty salon to locate in one suite of this O-3 zoned building. 1. SITE LOCATION: The site is located at the northwest corner of West Markham Street and Harrison Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located on the north side of Markham Street in an area containing a variety of office and commercial uses. A hotel, restaurants and a convenience store with gas pumps are located to the east. Office uses are located to the west. War Memorial Park is located across Markham, to the south. Residential properties are located to the north. This property contains two buildings. In 2003, a CUP was approved to allow the dog grooming business which currently occupies the smaller of the two buildings. Allowing the barber/beauty salon to occupy one bay of the larger building does not appear incompatible 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 Hillcrest Neighborhood Association. 3. ON SITE DRIVES AND PARKING: The site contains a 24 space, paved parking lot with access off of North Harrison and “A” Streets. Additional parking and a drop-off area are located on the east side of the building, off of N. Harrison Street. The parking appears to be sufficient for the uses in the two buildings. 4. SCREENING AND BUFFERS: No Comments. November 29, 2012 ITEM NO.: 6 (Cont.) FILE NO.: Z-6860-B 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: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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: Fire hydrants (per Code). Maintain access of at least twenty (20) feet. County Planning: No Comments. CATA: The site is located on a CATA bus route. November 29, 2012 ITEM NO.: 6 (Cont.) FILE NO.: Z-6860-B 3 SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 1, 2012) The applicant, Ms. Farmer, was present. Staff presented the item and noted little additional information was needed. The applicant was asked to provide a signage plan. Staff reminded the applicant that all required building, plumbing and electrical permits must be obtained prior to any remodeling, if the application was approved. The Committee determined there were no issues and forwarded the item to the full Commission. STAFF ANALYSIS: The O-3 zoned property located at 5300 West Markham Street contains two buildings and paved parking. The smaller, 2.400 square foot building is occupied by a dog grooming business which was approved under a CUP in 2003. The larger, 4,000 square foot building is divided into four (4) roughly equal lease spaces. The applicant is requesting approval of a CUP to allow a barber/beauty salon to occupy suite “D” which is located on the north end of the building, adjacent to the parking lot. The salon will employ a maximum of one (1) manager/stylist, three (3) hair stylists, two (2) barber/stylists and one (1) nail tech. The hours of operation are proposed as Monday through Wednesday and Saturday, 7:00 a.m. to 9:00 p.m. and Thursday through Friday, 7:00 a.m. to midnight. The business will be closed on Sunday. Signage will consist of space on the center’s ground mounted sign and wall signage on north and east facades of the lease space, facing Harrison and “A” Streets. To staff’s knowledge, there are no outstanding issues. The 1925 bill of assurance does not address use issues. Allowing the use of one (1) suite in this office development to be occupied by a barber/beauty salon appears to be an appropriate use. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Section 6 of the agenda staff report. November 29, 2012 ITEM NO.: 6 (Cont.) FILE NO.: Z-6860-B 4 2. All required building, plumbing and electrical permits must be obtained prior to any remodeling of the suite to accommodate the proposed use. PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: 7 FILE NO.: Z-8736-B NAME: Robinson Health Studio – Conditional Use Permit LOCATION: 900 N. University Avenue, Suite 5 OWNER/APPLICANT: Larry Storthz/Susan Robinson PROPOSAL: A conditional use permit is requested to allow a health studio in one suite of this O-3 zoned building. STAFF REPORT: On October 30, 2012, the applicant requested withdrawal of this item. STAFF RECOMMENDATION: Staff recommends approval of the withdrawal request, without prejudice. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2012) The applicant was not present. There were no objectors present. Staff informed the Commission of the applicant’s withdrawal request. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. November 29, 2012 ITEM NO.: 8 FILE NO.: Z-5459-C NAME: Forest Park Elementary School Pavilion – Conditional Use Permit LOCATION: 1600 N. Tyler Street OWNER/APPLICANT: LRSD/Forest Park PTA PROPOSAL: A conditional use permit is requested to allow for the addition of a pavilion on this existing, R-2 zoned elementary school campus. 1. SITE LOCATION: The school campus occupies the block bounded by “O” Street, “P” Street, N. Tyler Street and N. Polk Street. The pavilion is proposed to be located on the southwest corner of the block. 2. COMPATIBILITY WITH NEIGHBORHOOD: The school is located within a single family neighborhood and all of the surrounding properties are occupied by single family residences. No expansion of the school property is proposed. The pavilion is proposed to be located on the existing school site, over an existing play area. Use of the pavilion will be limited to school hours. The addition of the covered play area pavilion should not affect the school’s 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 Prospect Terrace and Forest Park Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The addition of the pavilion will not affect the school’s parking requirement nor will it impact any existing parking. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. At the time of building permit, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. November 29, 2012 ITEM NO.: 8 (Cont.) FILE NO.: Z-5459-C 2 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. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (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. County Planning: No Comments. CATA: The site is not located on a CATA bus route. November 29, 2012 ITEM NO.: 8 (Cont.) FILE NO.: Z-5459-C 3 SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012) The applicants were not present. Staff presented the item and noted there were no outstanding issues. Staff informed the Committee that a neighboring resident had called and asked if the proposed pavilion would affect the neighborhood’s continued use of the school playground. Staff stated they would try to obtain an answer from the District. Public Works and Utility Comments were noted. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Forest Park Elementary School occupies the entirety of the R-2 zoned City Block bounded by “O” Street, “P” Street, N. Tyler Street and N. Polk Street. The site contains the principal school building, a portable building and outdoor play areas. Parking is located on the streets around the site. The school has occupied the site for 100 years. To commemorate the school’s centennial, the school PTA and alumni of the school are proposing to construct an open air pavilion on the southwest corner of the site, over an existing play area. The pavilion will provide an opportunity for outdoor play in times of inclement weather. The pavilion structure has been designed to complement the historic nature of the school and to be compatible with architecture in the neighborhood. The open-sided structure will have brick and wood columns, a pitched-shingled roof and wood gable ends, siding and trim. Waterproof drapes between the columns can be pulled shut to provide screening from sun and rain when needed. The 70’ X 40’ structure will have setbacks of 7 feet from the south (“O” Street) perimeter and 3’6” from the west (N. Polk Street) perimeter. A covered walkway will connect the pavilion to a door located on the south side of the principal school building. The pavilion will contain no lighting and will be used in daylight hours, during normal operation of the school. A neighborhood resident asked staff if placing the pavilion on the site would affect the neighborhood’s access to the school’s playgrounds on weekends and other non-school hours. The District submitted the following response: “The District generally allows public use of all of our playgrounds afterhours. We do restrict vehicle access to parking lots at certain schools where problems have historically occurred but do not restrict the playgrounds. We anticipate no changes at Forest Park.” November 29, 2012 ITEM NO.: 8 (Cont.) FILE NO.: Z-5459-C 4 To staff’s knowledge, there are no outstanding issues. The pavilion is being located over an existing play area, within the existing school campus. The 1904 bill of assurance for Mountain Park Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. Staff recommends approval of the requested setback variances. PLANNING COMMISSION ACTION: (JULY 19, 2012) The applicants were present. There was one (1) person present in opposition and several persons present in support. One (1) letter of opposition and one (1) letter of support had been received. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation “ above. Chris East, of Cromwell Architects representing the school PTA, addressed the Commission. He described the project and stated there would be no change in use of the school site or the hours of use. He noted the proposed pavilion did have a reduced setback. John Shields, of 1619 N. Tyler St., spoke in opposition. He asked who had proper authorization to pursue the application and questioned whether the school board had approved the request. He also questioned if it was appropriate to allow the pavilion with a portable classroom building existing on the site. He asked if placement of the pavilion would affect future plans for expanding the school. He said there was no hurry to act on the application and asked that it be delayed. Chris East and Dana Carney, of the Planning Staff, addressed the questions raised by Mr. Shields. Mr. Carney stated an affidavit of authorization had been submitted by the school district allowing representatives of the PTA to act as the district’s agents through this process. Mr. Carney read the following statement from an e-mail from Wayne Adams of the school district: “ You (the PTA) must have the city planning department permission by way of a CUP before you can submit a donation request to the LRSD to construct the pavilion. The PTA was therefore given permission to request city approval for the pavilion they are November 29, 2012 ITEM NO.: 8 (Cont.) FILE NO.: Z-5459-C 5 proposing to construct. Once the city approval is given, the PTA and school principal must submit this proposal to the LRSD board for their approval and provide any additional information that they request. We have already determined that this structure is an enhancement and will not in any way interfere with our long-term plan for an addition to Forest park to eliminate the portable and to provide additional space for this facility.” Theresa Ketcher, principal of the school, spoke in support and stated the pavilion was needed to provide covered outdoor play space. Blair Allen, of 4710 Crestwood, stated he was a parent of children at the school and the pavilion would be a positive addition to the campus. Will Allison, of 1624 N. Harrison and husband of the PTA president-elect, spoke in support. Conley Golden, of 39 Beverly Place, spoke in support and presented a letter form a neighbor, also in support. There was no further discussion. A motion was made to approve the application including all staff comments and conditions. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: At the July 19, 2012 Planning Commission meeting, a conditional use permit was approved for a pavilion structure on the grounds of Forest Park School. The information provided by staff included that there would be no lighting and the pavilion would be open to the public. The Little Rock School District submitted the following: “The District generally allows public use of all our playground afterhours. We anticipate no changes at Forest Park.” The Planning Commission’s action was appealed to the City Board of Directors by a record objector. The appeal hearing was scheduled for a September Board meeting, but the item was deferred to allow the Little Rock School District Board to take action on the proposed pavilion. November 29, 2012 ITEM NO.: 8 (Cont.) FILE NO.: Z-5459-C 6 On August 30, 2012, staff provided the Planning Commission an update on the pavilion because some changes had been made to the design of the pavilion. The modifications included: – Gutters and downspouts – Security fencing and a gate – Securing the pavilion with transparent doors on the north side, which was not the final design. Prior to the Commission meeting, the design was modified to include gates that could be locked after hours. (The design with the gates was not included in the packet of information provided to the Commission.) – Overhead lighting in the pavilion No action was taken by the Commission at the August 30, 2012 meeting. The Little Rock School District Board approved a resolution at their September 27, 2012 meeting accepting “… from the Forest Park PTA a donation of the preliminary plans for the project…” The resolution included the following features: 1. The pavilion will be secured with gates which will be locked except during the times Forest Park Elementary School is open or when the pavilion is being used for LRSD or Forest Park Elementary School Functions. 2. The pavilion will have electrical outlets and security cameras. 3. The pavilion will be lighted and the controls for the lights will be located in the main building of the Forest Park Elementary School. 4. The project will have a gutter system and proper drainage sufficient to ensure that the project will not have a negative effect on the water flow in the southwest corner of the Forest Park Elementary School property. Staff recommends the Commission approve an amendment to the approved Conditional Use Permit to include as conditions the four items listed above and part of the School Board’s resolution. (The current design of the pavilion is included with this agenda.) November 29, 2012 ITEM NO.: 8 (Cont.) FILE NO.: Z-5459-C 7 PLANNING COMMISSION ACTION: (NOVEMBER 29, 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, including all staff comments and conditions. The vote was 9 ayes, 0 noes and 2 absent. 0 W w W 0 2 d C/) V3 0 CLz J r 4 V LJJ a.� c 0 0) LU L) LU z er) m 4 L1J LU d Z w Li t W m �0co< � �< a� U m m LU C/ Q 0 cU]Z,..i� Z U z�=! Zj � J0:� �1 CJJ L.L w =�Or— LL Z 0 z o0 L = Q� ' J Z , LJJ �--) Q LL ¢ --il �-- c Lu of oil a.� c 0 0) LU L) LU z er) m 4 L1J LU d Z w Li W m �0co< � �< a� U m m LU C/ Q 0 cU]Z,..i� Z U z�=! Zj � J0:� �1 CJJ L.L w =�Or— LL Z 0 z o0 L = Q� ' J Z , LJJ �--) Q LL ¢ --il �-- c Lu of a.� c 0 0) LU L) LU z er) m 4 L1J LU d Z w Li November 29, 21312 There being no further business before the Commission, the meeting was adjourned at 6.51 p.m. Date 1 Se ret n Ch 'man