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HomeMy WebLinkAboutpc_10 07 2010 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD OCTOBER 7, 2010 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Tom Brock William Changose Marcus Devine Janet Dillon J. T. Ferstl Dan Harpool Troy Laha Obray Nunnley, Jr. Bill Rector Billy Rouse Jeff Yates Members Absent: None City Attorney: Cindy Dawson III. Approval of the Minutes of the August 26, 2010 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING OCTOBER 7, 2010 4:00 P.M. I. OLD BUSINESS: A. A-320 Cooper Orbit Road Annexation, north of Cooper Orbit Road, near Glisten Lane B. Z-8283-A Luer Special Event Center – Conditional Use Permit (withdrawal) 4800 Baseline Road C. Z-8524 ZAG Investments Event Center – Conditional Use Permit 6014 Forbing Road II. NEW BUSINESS: Item Number: File Number: Title 1. Z-6426-B Lovelace Group Care Facility – Special Use Permit 1219/1223 S. Tyler Street 2. Z-8600 Teague Group Home – Special Use Permit 9320 Cloverhill Road 3. Z-8601 Breaux Bed and Breakfast – Special Use Permit 16220 W. Baseline Road 4. Z-8593 Rezoning from R-3 to R-7A 4418 Company Street 5. LU10-18-02 Land Use Plan Amendment from Industrial and Residential Low Density to Mining along the north side of Lawson Road (16220) east of Crystal Valley Road. 5.1 Z-8598 Rezoning from R-2 to M North of 16220 Lawson Road Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 6. Z-5535-D St. Michael’s Episcopal Church columbarium – Conditional Use Permit 12415 Cantrell Road 7. Z-5668-H Home Depot – Revised Conditional Use Permit 12610 Chenal Parkway 8. Z-7622-C Kinnaman Auto Repair – Conditional Use Permit 15617 Chenal Parkway 9. Z-7990-A Increased Heights Gymnastics – Conditional Use Permit 2326 Cantrell Road, #59 10. Z-8420-A Love N Care Day Care Center – Revised Conditional Use Permit 4110 East 37th Street 11. Z-8545-A 7001 Cantrell Auto Repair – Conditional Use Permit 7001 Cantrell Road 12. Z-8590 Knapp Multisectional Manufactured Home – Conditional Use Permit 3500 Rocky Lane 13. Z-8597 Mauney Accessory Dwelling – Conditional Use Permit 7919 West 5th Street 14. Z-8599 Arkansas Baptist College Dining Hall Expansion – Conditional Use Permit 1600 Dr. Martin Luther King Drive 15. Z-8599-A Arkansas Baptist College Classroom Building – Conditional Use Permit 1600 Dr. Martin Luther King Drive 16. Adoption of 2011 Planning Commission Calendar s e W cn E ee ON Stl1MQH1 NYO �- 4._1 w � W r _ OSS 1.H1S}/31 _ TERSTATE 5 N! • ry � 1S M 'fiN$ • �� C1a a3H3bQ 15 Nab`$ •�.* O ¢• r W r.... f r ARCH ST M(DtjQOPMS �a f r r- N . 4AI9 Nayd aetl3 l W a saN+aaq au3a �....e o U; r.. 1 1ddlMSSf crs r11 r ml aal ©�H W e° Aa moaays nor , '1 oa xuanaMH 'd1Sa as sraays E —• a W a; - aer3tvlsaa � �! r g .L..,.. a as ag ri 3�d s co H �_ W j Lee r u r re, — ¢ t6 Nb1f „ns cO) C7 � 4 � ! ia+xm315 L6 .. T r L r wsai �v. w r dr rp r 2 ___ oos,svM::rJlli -. 4 -• � I' �..�..�.:'.. a3�; / E '�,� a i 0a S?IaVdS 9 3'[a 37Vd7J '� aP p a October 7, 2010 ITEM NO.: A FILE NO.: 320 NAME: Cooper Orbit Road Annexation REQUEST: Accept 48.3 acres plus or minus to the City LOCATION: Along the north side of Cooper Orbit Road at Glisten Lane SOURCE: Mark Hodge, Agent for the Property Owners On August 10, 2010, the applicant requested that this item be deferred. Staff Recommendation: Staff supports the deferral of this item to October 7, 2010. PLANNING COMMISSION ACTION: (AUGUST 26, 2010) The item was placed on the consent agenda for deferral to the October 7, 2010 Planning Commission meeting. By a vote of 9 for and 0 against (1 absent, 1 vacant) the consent agenda was approved. STAFF UPDATE: The applicant on September 24, 2010 asked that this item be deferred to the January 6, 2011 Planning Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The item was placed on consent agenda for deferral to the January 6, 2011 Planning Commission meeting. By a vote of 11 for and 0 against the consent agenda was approved. October 7, 2010 ITEM NO.: B FILE NO.: Z-8283-A NAME: Luer Special Event Center – Conditional Use Permit LOCATION: 4800 Baseline Road OWNER/APPLICANT: Jon Luer PROPOSAL: A conditional use permit is requested to allow use of the existing building on this C-4 zoned property as an indoor soccer facility and a special events center. STAFF REPORT: On January 13, 2010, the applicant requested deferral of the item to allow additional time to respond to issues raised at the January 7, 2010 Subdivision Committee meeting. Staff recommends deferral of the item to the March 11, 2010 meeting. PLANNING COMMISSION ACTION: (JANUARY 28, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested deferral of the item to allow additional time to respond to issues raised at the January 2, 2010 subdivision committee meeting. There was no further discussion. The item was placed on the consent agenda and deferred to the March 11, 2010 meeting. The vote was 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant has not responded to issues raised at the January 17, 2010 Subdivision Committee meeting. Additionally, at the time of this writing, the Board of Directors is considering a six (6) month moratorium on the approval of any applications for special event centers. The issue is scheduled for the March 2, 2010 Board meeting. Staff will provide an update and recommendation concerning this item at the March 11, 2010 meeting. PLANNING COMMISSION ACTION: (MARCH 11, 2010) The applicants were not present. There were no objectors present. Staff informed the Commission that, on March 2, 2010, the Board of Directors had passed a resolution establishing a six (6) month moratorium on the approval of any special event centers. Staff recommended deferral of the item to the October 7, 2010 October 7, 2010 ITEM NO.: B (Cont.) FILE NO.: Z-8283-A 2 Commission meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE AND RECOMMENDATION: On March 18, 2010, the applicant requested withdrawal of the item. Staff recommends approval of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that, on March 18, 2010, the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: C FILE NO.: Z-8524 NAME: ZAG Investments Event Center – Conditional Use Permit LOCATION: 6014 Forbing Road OWNER/APPLICANT: ZAG Investments/Patrick McGetrick PROPOSAL: A conditional use permit is requested to allow use of a portion of the existing building on this I-2 zoned tract as a special event center. 1. SITE LOCATION: The site is located on the north side of Forbing Road, one lot west of Geyer Springs Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses; including commercial, residential and industrial. A C-3 zoned strip center is adjacent to the east. Additional commercial uses are located along Geyer Springs Road, east of the site. Vacant C-4 and I-2 zoned buildings are located across Forbing Road to the south. A variety of light industrial and warehouse uses are located along Forbing Road, extending west to University Avenue. The I-2 zoned property adjacent to the west contains a vacant building, an office and a residence. A small, R-2 zoned single family neighborhood is located adjacent to the north. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress and Wakefield Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: 5,000 square feet of the existing building are proposed to be used for the event center, requiring 50 on-site parking spaces. The remaining 5,000 square feet of the building are to be used for warehousing, requiring 7 spaces. The site contains paved parking for 62 spaces. Access to the site is provided via two driveways off of Forbing Road. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. October 7, 2010 ITEM NO.: C (Cont.) FILE NO.: Z-8524 2 An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 5. PUBLIC WORKS COMMENTS: 1. Forbing Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way forty-five (45) feet from centerline will be required. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371- 4818) for the private improvements located in the right-of-way. These improvements include such items as irrigation system, landscaping, signage, parking areas, gates, fence, etc… 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: No objection. 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. October 7, 2010 ITEM NO.: C (Cont.) FILE NO.: Z-8524 3 A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Fire sprinklers may be required. Contact Fire Marshall’s office at 918-3757. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 2010) Patrick McGetrick and the property owners Sharon and James Robinson were present. Staff presented the item and noted additional information was needed regarding signage, dumpster location and screening and the bill of assurance. Staff informed the Committee that the applicant’s cover letter indicated “no alcohol will be sold at the site”. Staff asked for further clarification on the issue of alcohol consumption at the site. Staff asked if noise mitigation measures would be taken to reduce the potential impact on the adjacent residential properties. Staff noted the proposed change in occupancy would require compliance with building code and fire code requirements related to such issues as sprinklers, exits and restrooms. The applicants were advised to visit with those agencies to determine the feasibility of having this use occupy the building. The applicant responded that the building already had a sprinkler system but they would visit with the Building Codes and Fire Department Staff about any other issues. Public Works and Utility Comments were noted. The applicants were encouraged by a member of the Committee to meet with neighbors. The applicants were instructed to respond to staff issues by February 24, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for use of a portion of the building located on the I-2 zoned property at 6014 Forbing Road as an event center. The property is occupied by a 10,000± square foot building and paved parking for 62 vehicles. Most recently, the property was occupied by an equipment rental business. The building is “T” shaped. The upper (rear) end of the “T” contains approximately 5,000 square feet and is proposed to continue to be used as October 7, 2010 ITEM NO.: C (Cont.) FILE NO.: Z-8524 4 warehouse space. The lower (front) of the “T” contains approximately 5,000 square feet and is proposed for use as the event center. The two sections of the “T” are connected by a covered drive. The property is enclosed by an 8 foot tall chain link fence with two gates at the driveways off of Forbing Road. The hours of operation for the event center are proposed as 7:00 a.m. to 1:00 a.m., seven days a week. The applicant states it is not likely the facility will actually be used every day. The applicant submitted the following statement describing the proposed event center: This center is to be used primarily for private parties for anniversaries, wedding receptions, birthdays, etc. Where it will not be open seven days a week, it will be offered to rent any day of the week. It is our intention to limit functions to small groups and not for the purpose of concerts, etc. Individuals will rent the building for their functions and either supply their own items such as tables and chairs, or rent them. Where food may be brought in and served, it will not be prepared at this site. Hours of operation could be any time between 7:00 a.m. and 1:00 a.m. Alcohol events will be structured as part of the overall program, and individuals remain the responsibility of the contact person holding the event. Alcohol will only be available under the following conditions: a. An appropriate licensed caterer will be contracted by the individual leasing the building to supply food and drink to be provided at no cost to the guest or; b. The party will be by invitation only and food and drink will be provided by the individual renting the site. Proof of invitation will be provided at the door, with the contact person being responsible for verifying the age of the individual served. There will be no brown bagging, cash bars, or selling of “Drink tickets”. No alcohol will be allowed outside of the building. All City of Little Rock, State of Arkansas guidelines, requirements and regulations will be strictly adhered to. Since there is no Center like this in Southwest Little Rock, we hope to bring the community together at times of celebration. October 7, 2010 ITEM NO.: C (Cont.) FILE NO.: Z-8524 5 The applicant did submit responses to the questions raised at Subdivision Committee. Some of those are covered by the statement above. Home Acres Subdivision was platted in 1924 and a copy of the bill of assurance could not be located. The existing ground-mounted pole sign will be used. A dumpster and required screening are indicated at the north end of the east side parking lot. Right-of-way dedication has been indicated and a franchise will be requested for the sign, fence, gates and 4 parking spaces which will be in the new right-of-way. The applicant states any impact on the residential properties behind the site will be mitigated by the fact that all activities for the event center will take place in the front portion of the building which is located approximately 100 feet south of the property line separating this property from the adjacent residential properties. All activities will be restricted to the interior of the building. The applicant has spoken with Building Codes and Fire Department Staff regarding the change in occupancy. The building is currently sprinkled. An additional fire hydrant may need to be installed. The existing restrooms will need to be modified to meet current code standards. The applicant is proposed to comply with any requirements. As this agenda is being prepared, the Board of Directors is considering passing a resolution establishing a six (6) month moratorium on the approval of any applications for event centers, including any which may be pending at any stage of the planning process. The Board is scheduled to act on the resolution at their March 2, 2010 meeting. Staff will present an update to the Commission and a recommendation on this application at the March 11, 2010 meeting. STAFF RECOMMENDATION: Staff’s recommendation is forthcoming. PLANNING COMMISSION ACTION: (MARCH 11, 2010) The applicants were not present. There were no objectors present. Staff informed the Commission that, on March 2, 2010, the Board of Directors had passed a resolution establishing a six (6) month moratorium on the approval of any special event centers. Staff recommended deferral of the item to the October 7, 2010 Commission meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 9 ayes, 0 noes and 2 absent. October 7, 2010 ITEM NO.: C (Cont.) FILE NO.: Z-8524 6 STAFF UPDATE AND RECOMMENDATION: On August 17, 2010, the Board of Directors passed Resolution No. 13,183 extending the moratorium on applications for Special Event Centers for an additional 60 days; through November 2, 2010. Staff recommends deferral of this item to the November 18, 2010 Commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that, on August 17, 2010, the Board of Directors had passed Resolution No. 13, 183 extending the moratorium on applications for special event centers for an additional 60 days; through November 2, 2010. Staff recommended deferral of the item to the November 18, 2010 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 1 FILE NO.: Z-6426-B NAME: Lovelace Group Care Facility – Special Use Permit LOCATION: 1219/1223 S. Tyler Street OWNER: Herschel D. and Venita Lovelace APPLICANT: Herschel D. Lovelace PROPOSAL: A Special Use Permit is requested to allow a Group Care Facility to be operated in the two-family (duplex) residence on the R-3 zoned property at 1219/1223 S. Tyler Street. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, the Fair Park Residents Association, Oak Forest and War Memorial Neighborhood Associations, and the University District were notified of the public hearing. B. Public Works Issues: 1. Due to the proposed use of the property, the Master Street Plan specifies that S. Tyler Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. 2. A twenty (20) foot radial dedication of right-of-way is required at the intersection of S. Tyler Street and W. 13th Street. 3. Due to the proposed use of the property, the Master Street Plan specifies that W. 13th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. C. Staff Analysis: The R-3 zoned property at 1219/1223 S. Tyler Street is occupied by a one-story frame duplex structure, located within the west half of the property. The property is located on the northeast corner of S. Tyler Street and West 13th Street. The duplex structure is 1,534 square feet in size. On December 18, 1997 the Planning Commission approved a Conditional Use Permit which allowed the duplex use. On May 11, 2000 the Planning Commission approved a second conditional use permit which allowed use of the structure as a day care center for up to 20 children and October 7, 2010 ITEM NO: 1 (Cont.) FILE NO.: Z-6426-B 2 five (5) employees for each of two (2) daily shifts. The building is currently unoccupied. The surrounding properties to the north, east and south (across West 13th Street) contain single family residences and are zoned R-3. The R-3 zoned property across S. Tyler Street to the west contains vacant lots. The majority of the block immediately to the west is zoned C-3 and occupied by commercial uses. The north half of block containing 1219/1223 S. Tyler Street is zoned C-3 and contains a medical clinic use. The applicant, Herschel D. Lovelace, proposes to remodel the existing 1,534 square foot residential structure for a group care facility. The applicant is requesting the group care facility to serve as an emergency shelter/short-term residence for up to eight (8) boys ages 12 to 18. There will be one (1) house parent on site at all times. Please see the attached letter from the applicant for additional information. The applicant proposes to house the residents in four (4) bedrooms as follows: Bedroom 1 – 120 sq. ft. – 2 residents Bedroom 2 – 120 sq. ft. – 2 residents Bedroom 3 – 120 sq. ft. – 2 residents Bedroom 4 – 120 sq. ft. – 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 8 persons is 850 square feet. As noted earlier the residential structure contains 1,534 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The bedroom arrangement as proposed conforms to ordinance standards. Section 36-54(e)(4) a. and c.-e. of the City’s Zoning Ordinance provides the following provisions for Group Home Facilities, as adopted by the Board of Directors on September 6, 2005: (4) Family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility: October 7, 2010 ITEM NO: 1 (Cont.) FILE NO.: Z-6426-B 3 (a) 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. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. (d) The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and boarding facility. (e) Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the State of Arkansas. The site is not located on a CATA bus route. Route #3 (Baptist Medical Center Route) runs along West 12th Street, one (1) block to the north. The applicant submitted a copy of the Bill of Assurance for this subdivision, which was recorded in 1900. The Bill of Assurance is handwritten and not very legible. It likely contains no use provisions. October 7, 2010 ITEM NO: 1 (Cont.) FILE NO.: Z-6426-B 4 An area survey conducted by staff revealed that there are no other similar residential living facilities within 1,500 feet of this property. A driveway from West 13th Street accesses a paved parking area in the rear yard (east side of building). The parking area is large enough for approximately eight (8) vehicles. This should be sufficient space to serve the proposed use. Staff is not supportive of the requested special use permit to allow a group care facility at 1219/1223 S. Tyler Street. Staff feels that it is not appropriate to locate this institutional-type use within a single family residential neighborhood. There are zoning districts within the City of Little Rock which allow group care facilities as permitted uses. Those districts include O-1, O-3, C-1 and C-3. Staff believes these zonings would be better suited for this group care facility use. These types of zonings are typically located along the perimeter of residential neighborhoods and along major roadways. There are many properties within the city that are zoned properly for group care facilities, which in staff’s opinion would be a better option for the applicants proposed use. D. Subdivision Committee Comments: (September 16, 2010) Herschel Lovelace and Jackie McDonald were present, representing the application. Staff described the proposed group care facility use. Staff noted that additional information was needed on the size of bedrooms and sleeping accommodations for each bedroom. There was a discussion related to the length of time the residents will live in the facility. Staff noted that additional information was needed on this issue. It was noted that the residents would live there until placed in other care. The past use of the property was also discussed. Staff noted that conditional use permits were previously approved for duplex and daycare center uses. Mr. Lovelace noted that he did not operate the last day care use on the property. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a group care facility at 1219/1223 S. Tyler Street. October 7, 2010 ITEM NO: 1 (Cont.) FILE NO.: Z-6426-B 5 PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) Staff informed the Commission that the applicant submitted a letter on October 7, 2010 requesting the application be withdrawn, without prejudice. Staff supported the withdrawal request. With a vote of 11 ayes, 0 noes and 0 absent, the Commission voted to waive their bylaws and accept the applicant’s request for withdrawal, without prejudice being less than five (5) business days prior to the meeting date. The item was placed on the Consent Agenda and withdrawn, without prejudice. The vote was 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 2 FILE NO.: Z-8600 NAME: Teague Group Home – Special Use Permit LOCATION: 9320 Cloverhill Road OWNER/APPLICANT: Robert V. Teague, 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 9320 Cloverhill Road. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Pennbrook/Cloverhill Neighborhood Association were notified of the public hearing. B. Public Work Issues: After review of survey provided by applicant: After further Public Works review of the Snow’s Subdivision Final Plat which was recorded in 1973, right-of-way was dedicated by plat at the western end of Clover Hill Road southeast of Lot 4 of Snow’s Subdivision. The platted right-of-way shows to be 50 ft. long and 65.6 ft. wide. Documents also show the developer at the time was required to construct a hammerhead turnaround. It appears a turnaround was never constructed. Only gravel was installed. The purpose of the hammerhead in the right-of-way is primarily for City of Little Rock and emergency vehicles (trash collection trucks, sweepers, ambulances, fire trucks, etc…) to turnaround to service lots along Clover Hill Road. Due to the impact on the public health, safety and welfare, Public Works staff cannot recommend approval of any future request for abandonment of the right- of-way or a possible franchise request for continued use for vehicle parking due to its current and potential usage by City of Little Rock and emergency vehicles. As it exists today, the right-of-way and gravel turnaround are insufficient in size to accommodate trash collection vehicle turn movements. Today, the right-of-way for hammerheads is required to be a minimum 90 feet in width with an 80 feet paved surface turnaround. A chain link fence, a tree, and railroad cross ties are located in the right-of-way today making the usable turnaround area even smaller than shown on the 1973 plat. October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 2 C. Staff Analysis: The R-2 zoned property at 9320 Cloverhill Road is occupied by a one- story brick residential structure, located at the west end of Cloverhill Road. Cloverhill Road dead-ends into a gravel area on the south side of the residence. It appears this area has been used for parking to serve the residence. The surrounding properties to the north, east and southeast contain single-family residences and are zoned R-2. Interstate 630 right-of-way and undeveloped property are located to the west and south. The applicant, Robert V. Teague, Jr., proposes to utilize the existing 3,400 square foot structure as a group home. The residential facility will serve as a residence for men recovering from substance abuse addictions. The applicant is proposing to house ten (10) residents and one (1) house manager, all of whom are recovering from alcoholism. The applicant has noted that the residents will come to his facility from treatment centers and 12-step programs, and not from the prison system. He has also noted that no person with a violent or sexual criminal record will be admitted. It has also been noted that the residents must be employed or actively seeking employment. There will be a weekday curfew of 11:00 p.m. and a weekend curfew of midnight. Please see the attached letter from the applicant for additional information. The applicant proposes to house the residents in six (6) bedrooms as follows: Bedroom 1 – 178 sq. ft. – house manager Bedroom 2 – 112.5 sq. ft. – 2 residents Bedroom 3 – 156.25 sq. ft. – 2 residents Bedroom 4 – 132.25 sq. ft. – 2 residents Bedroom 5 – 132.25 sq. ft. – 2 residents Bedroom 6 – 189.75 sq. ft. – 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 11 persons is 1,150 square feet. As noted earlier the residential structure contains 3,400 square feet. Section 8-406(b) (minimum area per bedroom) requires 70 square feet for the first occupant and 50 square feet for each additional occupant. The occupancy of bedroom 2 does not meet this requirement. October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 3 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 or whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home. (c) Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to: 1. Spacing of existing similar facilities. 2. Existing zoning and land use patterns. 3. The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed. 4. The need and provision for readily accessible public or quasi-public transportation. 5. Access to needed support services such as social services agencies, employment agencies and medical service providers. 6. Availability of adequate on-site parking. October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 4 (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. Route #5 (West Markham Route) runs along West Markham Street to the north. The nearest bus stops are located at the northwest corner (west bound buses) and southwest corner (east bound buses) of West Markham Street and John Barrow Road/Brookside Drive. This is based on information provided by CATA administration. The site is approximately 0.70 mile from the bus stops. The applicant submitted a copy of the bill of assurance for this subdivision (Snow’s Subdivision) to staff. The bill of assurance was recorded in 1973 and addresses no use issues. An area survey conducted by staff revealed that there are no other similar residential living facilities within 1,500 feet of this property. As noted previously, the gravel area at the end of Cloverhill Road appears to have been used in the past as parking for the residence at 9320 Cloverhill Road. As noted in paragraph B. of the staff report, Public Works does not believe the area should continue to be used to serve the proposed group home, based on the fact that the area of right-of-way should remain open for potential use by City and emergency vehicles. The applicant is requesting the group home for 11 residents total. The potential exists for all the residents to own vehicles. With the possibility of other visitors coming to the site, staff believes adequate parking should consist of a minimum of 11 to 12 off-street parking spaces. There is only enough space on the property (out of the right-of-way) to provide two (2) to four (4) parking spaces and comply with the new parking in yards ordinance, which regulates maximum driveway size. Staff does not support the requested Special Use Permit to allow a group home at 9320 Cloverhill Road for the following reasons: 1. Number of Residents Proposed: Although the number of residents proposed with respect to the overall size of the structure conforms to Section 8-406 of the code, staff believes the request for October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 5 11 residents is too many for a single-family residential setting. Staff feels the number of residents proposed for the group home pushes the proposed group home into more of an institutional category rather than a family home environment. Staff believes the intent of the ordinance is to allow smaller number of handicapped individuals to live together in a single-family home setting. 2. Off-Street Parking: As noted in the previous paragraph, staff believes that adequate off-street parking (not within the right-of-way of Cloverhill Road) cannot be provided for the proposed occupancy of 11 persons, especially with the potential for visitors (property owner, family members, etc.) coming to the site. Staff believes use of the right-of-way for parking at the end of Cloverhill Road could cause a potentially dangerous situation if the area is needed for maneuvering of emergency vehicles. 3. Size of Bedrooms: According to Section 8-406(b) of the Code, a minimum of 120 square feet is needed for occupancy of two (2) persons in a bedroom. As noted previously, Bedroom 2 contains only 112.5 square feet. 4. Location of Proposed Group Home: Given the occupancy level proposed for the group home use being more institutional in nature, staff believes the use would be more appropriate within an area adjacent to a major roadway; an area where other institutional uses exist. The proposed group home is located deep within this single-family neighborhood, approximately four- tenths of a mile (seven (7) city blocks) from John Barrow Road. Collectively, all of the concerns as noted above give staff great hesitance in supporting the proposed group home use. October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 6 D. Subdivision Committee Comments: (September 16, 2010) Bobby Teague and John Teague were present, representing the application. Staff described the proposed Group Home use. Staff noted that additional information was needed on size of bedrooms and sleeping accommodations for each bedroom. The parking issue was discussed. Staff noted that it appeared that the majority of the existing gravel parking was in the right-of-way of Cloverhill Road. Staff suggested the applicant submit a survey of the property to help verify the area of parking. The parking issue was discussed further. Staff noted that a copy of the bill of assurance was needed. The issue of public transportation was briefly discussed. Mr. Teague noted that the residents of his house have been catching the bus along Barrow Road near Henderson Middle School. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends denial of the requested Special Use Permit to allow a group home at 9320 Cloverhill Road. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) Robert V. Teague, Jr. and Paul Harrod were present, representing the application. There were a number of persons present in opposition. Staff presented the application with a recommendation of denial. Staff noted that the applicant had amended the application to have a maximum of seven (7) residents (includes house manager) in the proposed group home. Cindy Dawson, City Attorney, addressed the Commission and made comments relating to the Fair Housing Act. Robert V. Teague, Jr. addressed the Commission in support of the application. He presented photos of other properties in the neighborhood. He noted that he had met with the fire marshal and would comply with the fire code issues. He explained that parking could be provided by removing the existing accessory building at the west end of the residence. He noted the following with respect to the proposed group home: October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 7 • weekly drug testing would be conducted. • no visitors will be allowed on the site. • no violent or sexual offenders will be allowed to reside in the home. • log-in and log-out by residents will be required • security cameras will be installed • residents must be employed or seeking employment Reginald Clayton spoke in support of the application. He stated that he was a substance abuse counselor and recovering alcoholic. He spoke in favor of sober living facilities. Markey Ford also spoke in support. She noted that she is the executive director of the Wolfe Street Foundation. She explained that Mr. Teague is operating a quality group home facility and supported his application. John Novelle also spoke in support. He stated that he was with the Hazel Street Recovery Center and discussed the group home facility use in general and how it works. Mollie Irvin, president of the Pennbrook/Cloverhill Neighborhood Association, addressed the Commission in opposition. She described the neighborhood and provided facts related to the neighborhood. She noted that the neighborhood association had voted to oppose the group home application and presented a petition of opposition to the Commission. She also had a brief PowerPoint presentation. Michael Cook spoke in opposition to the proposed group home use. He noted that he attended the neighborhood meeting when the issue was discussed. George Irvin also spoke in opposition. Shirley Johnson also spoke in opposition. She noted that the persons currently living at 9320 Cloverhill Road were unsupervised. Samuel Macheak also addressed the Commission in opposition. He discussed traffic and safety issues as concerns. He noted that there were other more appropriate locations for the group home than 9320 Cloverhill Road. Michelle Ready also spoke in opposition. She stated that her father lived in the neighborhood. She explained that persons needed to be sober for a long period of time before being placed in a residential home setting. Ginger Rush also made comments in opposition. She expressed concerns with traffic and parking along Cloverhill Road, and the turn around at the end of the street for garbage and emergency vehicles. She also discussed garbage pick-up for living facilities. Ruth Bell, of the League of Women Voters, addressed the Commission with questions/concerns. She discussed when residents might be removed from the house. October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 8 There was a general discussion related to special use permits. In response to a question from the Commission, staff noted that special use permits are not transferable and do not run with the land. Michael Belin also made comments in opposition to the application. Billy Wayne Tackett also spoke in opposition. He expressed concerns with traffic and parking along Cloverhill Road. He noted that the property was at the dead- end street, far from a main roadway. Paul Harrod, attorney for Mr. Teague, addressed the Commission. He provided a survey and aerial photo of the property. He noted that the accessory building at the west end of the home could be removed for parking. He discussed Mr. Teague’s proposed group home use. Mr. Teague explained that he was a recovering alcoholic and had previously lived in a group home facility. He explained how group home-type facilities operate. He noted that there was a shortage of these type facilities. In response to question from Commissioner Nunnley, Mr. Teague explained how long a person needed to be sober to live in his facility. He explained that the City allowed him three (3) trash cans and that would be sufficient. He responded that he owned the accessory building, that the facility would not be co-ed, and that the home contained two (2) bathrooms. In response to questions from Commissioner Harpool, Mr. Teague explained that he grew up in the neighborhood, and that he would not live in the proposed group home. Commissioner Laha expressed concern with parking. Mr. Teague responded that he would supply parking in compliance with city code. Commissioner Rector noted that the accessory building at the west end of the residence was not on Mr. Teague’s property. He explained that creating a parking lot in the rear yard area would make the property more institutional in nature. He discussed the number of persons living in the residence. In response to questions from Commissioner Brock, Mr. Teague noted that the property was owned by an LLC. Mr. Teague also noted that he is board registered and explained. Commissioner Devine stated that he supported the idea of sober living facilities, but noted concerns with parking and explained. Mr. Teague noted that he had owned the property for four (4) months. Commissioner Changose asked how long residents would live in the group home. Mr. Teague stated one (1) year to 18 months on average. Vice-Chairman Ferstl expressed support for the application and explained. October 7, 2010 ITEM NO: 2 (Cont.) FILE NO.: Z-8600 9 The issue of parking was discussed further. Mr. Harrod noted that the application would be amended to allow no more than three (3) vehicles to be parked on the site. Staff noted that three (3) spaces was not enough to serve the proposed use and continued to recommend denial of the application. There was a motion to approve the application as amended. The motion failed by a vote of 1 aye, 9 noes and 1 absent. The application was denied. August 1.1, 2010 City of Little Rock Dept. of Panning & Development ATTN: Mr. Dana Carney 723 W. Markham St., 1st Floor Little Rock, AR 72301 -1334 RE: 9329 Cloverhill Dr. To whom it may concern.: 9— 9��Gam. Please find enclosed an application for a special use permit for the residence located at 9320 Cloverhill Drive, Little Rock, AR 72205. Also enclosed is a check to cover the filing fee. I plan to operate a group living home for individuals protected by the Americans with Disabilities Act of 1990, specifically those who are recovering from alcoholism. The home is 3400 square feet and has eight bedrooms. I propose to provide up to ten (10) residents with a sober living environment with emphasis on a family -like atmosphere. A safe and stable living situation is key in recovery from the disease of alcoholism and allows residents the opportunity to become functioning, contributing members of their local community. Residents of 9320 Cloverhill will be required to be alcohol free for at least thirty (30) days prior to admission and will be subject to random drug and alcohol testing during residency. Anyone using drugs or alcohol will be immediately expelled from the home. To promote residents' sobriety, a house manager will reside on site and attendance at 12 step meetings will be mandatory. A background check will be done prior to admission. Absolutely no one with a violent or sexual criminal record will be admitted. All residents must be employed or actively seeking employment. In order to ensure quiet peaceful living, there will be no visitors allowed in the home who are not involved in the residents' recovery process. The doors will remain locked and residents will not be permitted to congregate in front of the property. A weekday curfew of 11 p.m. and a weekend curfew of midnight will be strictly enforced. I trust this letter conveys that I am interested in providing residence for only those seriously committed to maintaining a sober lifestyle. I am confident this can only impact the neighborhood in positive ways. Feel free to call me with any questions. Wit Best regar Bobby Teague, 4123 Carter Lane Little Rock, Ar 72223 501.765.6465 btea eir@gamil.com October 7, 2010 ITEM NO.: 3 FILE NO.: Z-8601 NAME: Breaux Bed and Breakfast – Special Use Permit LOCATION: 16220 West Baseline Road OWNER/APPLICANT: Cathleen Breaux and Robin Breaux PROPOSAL: A Special Use Permit is requested to allow the single family residential structure on the R-2 zoned property at 16220 West Baseline Road to be converted to a bed and breakfast. A. Public Notification: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR United for Progress Neighborhood Association were notified of the public hearing. B. Public Works Comments: 1. Baseline Road is classified on the Master Street Plan as a principal arterial with a one hundred ten (110) foot right-of-way. Due to the location of the existing structure on the property, dedication of right-of- way to forty-five (45) feet from centerline will be required. C. Staff Analysis: The R-2 zoned property at 16220 West Baseline Road is occupied by a one-story frame and stucco single-family residence. There is a one-story metal accessory building on the south side of the residence and a one-story metal barn structure to the east of the home. A one-half acre pond is located within the southeast portion of the property. The property is three (3) acres in size. A large portion of the property (at least 60 percent) is wooded. The owner/applicants, Cathleen Breaux and Robin Breaux, are requesting a Special Use Permit to allow operation of a Bed and Breakfast at 16220 West Baseline Road. The property is located outside the Little Rock city limits, but within the City’s extraterritorial jurisdiction. The property across Baseline Road to the south is in Saline County. The Bed and Breakfast is proposed to operate initially with three (3) guestrooms, two (2) baths and dining areas. Two (2) additional October 7, 2010 ITEM NO: 3 (Cont.) FILE NO.: Z-8601 2 guestrooms and two (2) bathrooms will be added at a later date within the existing residence. The residence is 2,700 square feet in area and currently has four (4) bedrooms. One (1) of the bedrooms will be utilized by the property owners. There is a one-car wide gravel driveway from Baseline Road, which serves as access to the property. The applicants plan to re-gravel the driveway and six (6) parking spaces (compacted gravel) on the south side of the existing accessory building as Phase I access/parking. In the future, Phase II access/parking will include a compacted gravel circular drive and four (4) additional parking spaces on the east side of the residence. The proposed Bed and Breakfast requires a total of six (6) off-street parking spaces (5 guestrooms). The applicant is requesting a variance from Section 36-508 of the City’s Zoning Ordinance, which requires vehicular use areas to be paved. The applicants have noted that gravel is proposed for the drives and parking as to not create a hazard or harm for the existing pond, well water and wildlife which exist on the site. Staff believes the applicants’ plan for gravel access and parking is appropriate and will adequately serve the proposed bed and breakfast and preserve the rural appearance of the property. The site is not located on a CATA bus route. The property is not part of a platted subdivision. Therefore, no Bill of Assurance exists for the property. The following criteria is from Section 36-54(e)(1) of the City’s Zoning Ordinance: (e) Development criteria. The site and location criteria for uses requiring special use permits are as follows: (1) Bed and Breakfast hotels: a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. b. The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use. c. Allowable signage is that permitted by the single-family residential standard. d. No receptions, private parties or tours for a fee are allowed. October 7, 2010 ITEM NO: 3 (Cont.) FILE NO.: Z-8601 3 Signage will be allowed as per the ordinance criteria for residential zones as follows: • One (1) freestanding ground-mounted sign is allowed per lot, not to exceed one (1) square foot in area. The maximum height shall not exceed six (6) feet. • One (1) building-mounted wall sign is allowed for each residence not to exceed one (1) square foot in area. • Two (2) directional/information signs per lot, not to exceed four (4) square feet in sign area or six (6) feet in height. Staff is supportive of the requested Special Use Permit to allow a bed and breakfast at 16220 West Baseline Road. Staff feels this type of use will be appropriate for the property. The property is approximately three (3) acres in size and located in an area, which is more rural in nature. There is a large amount of acreage surrounding this property, which is undeveloped. As noted previously, the undeveloped, wooded property across West Baseline Road to the south is located in Saline County. Staff believes a bed and breakfast use at this location will have no adverse impact on the adjacent properties or the general area. D. Subdivision Committee Comments: (September 16, 2010) Cathleen Breaux and Robin Breaux were present, representing the application. Staff described the proposed bed and breakfast use. Staff described the property, with Cathleen Breaux noting that approximately 60 percent of the property is wooded. The issue of driveway and parking was discussed. Staff noted that the applicants were requesting to use compacted gravel for the driveway and parking areas. Staff noted that there was ample area on the site for parking. Robin Breaux explained that asphalt parking could potentially damage the pond and wildlife on the site. Staff noted that a variance needed to be requested for the gravel drive and parking. After the discussion, the Committee forwarded the application to the full Commission for final action. October 7, 2010 ITEM NO: 3 (Cont.) FILE NO.: Z-8601 4 E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a bed and breakfast at 16220 West Baseline Road, subject to the following conditions: 1. Compliance with the site and location criteria in Section 36-54(e)(1) of the code. 2. Any signage must comply with that allowed in residential zones. 3. Staff recommends approval of the requested variance to allow gravel access and parking to serve the bed and breakfast use. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. -2-tP "JVj Cathleen A. Breaux & Rabin C. Breaux 16220 W. Baseline, Little Rock, Arkansas 72210 TO: THE LITTLE ROCK PLANNING AND DEVELOPMENT COMMITTEE RE: SPECIAL USE PERMIT Goals: Our purpose, as an Arkansas Bed and Breakfast, is not only to superbly host travelers in Arkansas, but to educate the public on the richness of Arkansas history and the beauty of our .Natural State. Propene Layout: This property (R2), situated on two parcels, has 3 wooded acres and is located at the west end of W. Baseline Road, near Otter Creek. It is one mile outside of the city limits of Little Rock, but falls within it's zoning boundaries. The 600' driveway has a 3o' entrance and large tum- around at the end. Large trees provide shaded parking areas. The residence currently has four bedrooms, two living areas, each with a fireplace, two full bathrooms, and an office. It measures 30' x 90', with 2,700 square footage. Out buildings include a 30' x 50' metal barn used for storage, a covered game roam with a pool table, TV, tables, chairs and storage. The stocked pond has bass, crappie, and catfish. Animals include two miniature horses, heirloom turkeys, and Americana chickens that lay green eggs. Canadian geese use the island for nesting. Songbirds have many feeders and fill the morning with music. Thirty five squirrels were rehabilitated here in 2009, 12 in 2010. The are released on the property to replenish a meager population due to over- hunting. Blue cranes and various wildlife have adopted us. We are surrounded by hundreds of acres of woods and streams. Our driveway borders Saline County. We are two miles from the intersection of IH -30 and IH -430.& 12 minutes to Downtown, and 6 minutes to the Financial Center A golf course is within a mile, and we are located near a shopping center and a new library. Proposed Use: A Bed and Breakfast. Only a Continental breakfast will be served. We will not book receptions or special events. Each room will depict a period of Arkansas History. The dining room is styled as an 1814 Mountain Man's tavern. Two mannequins depict native dress and provide photo opportunities. Bedrooms are styled as: a diamond miners bungalow, an early Eastlake Victorian (emphasizing the importance of the AR river), and a modem wildlife lovers retreat. The hall has an authentic Indian arrowhead collection from Southwest Arkansas, a native rock collection, an authentic bow & arrows, a collection of North American Butterflies, and life -size fiberglass fish found in AR waters. The second dining room is dedicated to the Native American's that inhabit Arkansas and their history. Phases:. 1: We will open with three guest bedrooms and two baths, three inside dining areas, four outdoor dining areas, an outdoor game room, bicycles, and a stocked fishing pond complete with ducks. This is a "no step" residence. Currently bids are being taken for paving the parking area. The house will be handicapped accessible. 2: Two other bedrooms will be created by moving the office and master bedroom into the unused portion of the house, thus providing two additional guest rooms. Two additional bathrooms will be built. Experience- Cathleen Breaux has started several non - profit organizations and received two "Governor's Awards" for enriching the state of Texas. She also held an appointment to the Governor's Advisory Council for the Texas Department of Community Affairs. She holds a. Master of Science in psychology. She has owned & managed rental property for thirty years. She is also a licensed Wildlife Rehabilitator with Arkansas Game and Fish. Robin Breaux has been Director of the Sherwood Humane Animal Shelter for several years. She is a successful business person, and owns several rental properties. As a leader, she knows the importance of dealing with the public in a gracious manner and , yes, doing the paperwork and takes. THEREFORE WE PETITION the Planning and Development Committee to change our residential zoning R2 to a residential zoning with a Special Use Permit. �:V� / /3XX7� 4 � &,,q Cathleen A. Breaux and Robin C. Breaux 501 -837 -5692 501 -837 -5689 October 7, 2010 ITEM NO.: 4 FILE NO.: Z-8593 Owner: Danita Watson Applicant: Donna Houston Location: 4418 Company Street Area: 0.16 Acre Request: Rezone from R-3 to R-7A Purpose: Placement of a single-wide manufactured home Existing Use: Vacant single family residential lot SURROUNDING LAND USE AND ZONING North – Single family residences (including manufactured homes); zoned R-3 South – Single family residences and vacant lots (across Company Street); zoned R-3 East – Single family residence and vacant lots; zoned R-3 West – Vacant lots; zoned R-3 A. PUBLIC WORKS COMMENTS: 1. Company Street is classified on the Master Street Plan as a residential street. A dedication of right-of-way twenty-five (25) feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. Bus Route #20 (College Station Route) runs along Frazier Pike to the north. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the College Station Neighborhood Association were notified of the public hearing. October 7, 2010 ITEM NO: 4 (Cont.) FILE NO.: Z-8593 2 D. LAND USE ELEMENT: This request is located in the Sweet Home College Station Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from R-3 to R-7A. The request does not require a change to the Land Use Plan. This area is not covered by a City of Little Rock recognized Neighborhood Action Plan. Master Street Plan: Company Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. E. STAFF ANALYSIS: Danita Watson, owner of the vacant lot located at 4418 Company Street (College Station), is requesting to rezone to property from “R-3” Single Family District to “R-7A” Manufactured Home District. The rezoning is proposed to allow placement of a 16 foot by 84 foot single-wide manufactured home on the lot. The property is located outside the Little Rock city limits, but within the City’s extraterritorial jurisdiction. A home which previously existed on the site recently burned down in July of this year. The proposed manufactured home will be located at the center of the lot. It will be located 25 feet back from the front (south) property line, 26 feet from the rear (north) property line, and 12 feet from each side property line. The side setbacks are measured to decks on the east and west sides of the home. The main walls of the residence will be located 17 feet from each side property line. The front and rear setbacks are measured after right-of-way dedication for Company Street. All setbacks conform to ordinance standards. The applicant is proposing a new gravel driveway from Company Street to serve the residence. All surrounding properties are zoned R-3. Single family residences are located east and north of the site. Vacant lots are located immediately October 7, 2010 ITEM NO: 4 (Cont.) FILE NO.: Z-8593 3 west and south (across Company Street). There are a number of other vacant lots in the area. There are over a dozen other manufactured homes of various sizes and ages in this general area. The City’s Future Land Use Plans designates this property as Residential Low Density. The requested R-7A zoning does not require a change to the Land Use Plan. The R-7A Zone District is a site plan review district. The following are the siting criteria for manufactured homes in the R-7A District as per Section 36-262(d)(2) of the City’s Zoning Ordinance: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport features. c. Permanent foundation d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. Staff is supportive of the requested R-7A rezoning. Staff views the request as reasonable. As noted above, there are at least one dozen other manufactured homes in this immediate residential area. Most of these manufactured homes are nonconforming and have existed as part of the neighborhood for a number of years. Therefore, the placement of the manufactured home at 4418 Company Street is not out of character with the neighborhood. To staff’s knowledge the proposed manufactured home will comply with the siting criteria found in Section 36-262(d)(2) of the City’s Zoning Ordinance. Additionally, the manufactured home complies with the minimum setback requirements for the R-7A Zoning District. Staff believes the requested R-7A zoning will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested R-7A rezoning. October 7, 2010 ITEM NO: 4 (Cont.) FILE NO.: Z-8593 4 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) Donna Houston was present, representing the application. Staff presented the rezoning request and explained the proposed manufactured home placement on the site. Staff noted that the home met all setback requirements. Staff noted that a deck or porch needed to be shown on the site plan, if desired. Staff also noted the siting criteria for manufactured homes. Staff explained that Public Works required a right-of-way dedication of 25 feet from the centerline of Company Street, which could require a minimal amount of dedication. Staff noted that there was enough depth to the site to meet setback requirements after the dedication. Staff noted that the centerline needed to be shown on the survey. After the discussion, the Committee forwarded the application to the full Commission for resolution. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. With a vote of 11 ayes, 0 noes and 0 absent, the Commission voted to waive their bylaws and accept the applicant’s notification to surrounding property owners being two (2) days late. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 5 FILE NO.: LU10-18-02 Name: Land Use Plan Amendment – Ellis Mountain Planning District Location: North side of Lawson Road, east of Crystal Valley Road Request: Industrial and Residential Low Density to Mining Source: Brian Tinnel, agent, For Little Rock Quarries, LLC PROPOSAL / REQUEST: A Land Use Plan amendment in the Ellis Mountain Planning District from Industrial and Residential Low Density to Mining. Mining provides for the extraction of various natural resources and shall include assurances that these resources will be properly managed so as not to create a hazard, nuisance, or disfigurement of the land. EXISTING LAND USE AND ZONING: The property is currently zoned Mining and R-2 Single Family. It is 85 acres ± in size. R-2 zoning surrounds this property to the west, north and east, although most of that land is undeveloped. South of this area is zoned I-2 and I-3 for various uses including a vacant building, a welding company, outdoor storage, etc. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is shown as Industrial and Residential Low Density on the Future Land Use Plan. The area shown as Industrial is for the existing mining area. The portion shown as Residential Low Density (RL) represents the proposed zoning expansion area. The RL expands to the north, west and east of this amendment area. To the southwest, south and southeast is shown as Light Industrial, MASTER STREET PLAN: Lawson Road is a Minor Arterial 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Lawson Road since it is a Minor Arterial. Hugh Taylor Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. A Principal October 7, 2010 ITEM NO.: 5 (Cont.) FILE NO.: LU10-18-02 2 Arterial (the future ‘west loop’ or ‘outer loop’ which will connect from Cantrell Road (Highway 10) to Interstate 30 at the County Line exit) is shown to the west of this location. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. 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 is shown adjacent to Lawson Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right of way may be required. PARKS: The Master Parks Plan does not address this area because it is outside of the city limits. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ANALYSIS: This part of Lawson Road has been used for mining and industrial uses for many years. This application was initiated along with a rezoning request to expand the existing mining site 500 feet to the north of the current zoning boundary. Despite the fact that this area has been used for mining for a long time, this area has been shown on the Future Land Use Plan as Industrial. Staff is therefore including the existing mine site and the proposed expansion site in this land use plan amendment. This site is bordered on the east and south by existing industrial type uses, which have also been in place for many years. Just southwest of this site is another mining operation. This amendment is primarily a ‘clean-up’ type of amendment to recognize the existing mining that has been in place. This part of the amendment is about fifty acres of existing mine that has been shown on the future land use plan as Industrial. The only real change is to extend the northern boundary another 500’ to the north to include an additional 30 acres. This would encompass the whole vein that is mineable, and should not need to be expanded further into the future. The owners estimate that the vein will be mined out in twenty years. The ownership includes additional land to the north and west that will function to provide a buffer distance to the residential uses. In addition, a very steep ridge October 7, 2010 ITEM NO.: 5 (Cont.) FILE NO.: LU10-18-02 3 divides this area from the residential shown on the plan to the north along Colonel Glenn Road. Since the use is not new to the vicinity, but is only increasing the area, then there should not be negative impacts to the vicinity from this change. Along the south side of the ridge the current and likely future use pattern will be heavy commercial and industrial to Lawson Road. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Southwest Little Rock UPS. Staff has received no comments from area residents. The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The item was placed on consent agenda for approval. By a vote of 11 for and 0 against the consent agenda was approved. October 7, 2010 ITEM NO.: 5.1 FILE NO.: Z-8598 Owner: BGM Investments, LLC and Real Properties, Inc. Applicant: Michael Lasiter, LRQ, LLC Location: North of 16220 Lawson Road Area: 34.37 Acres Request: Rezone from R-2 to M Purpose: Expansion of existing mining area Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Horse farm and gravel mining property; zoned R-2 and M East – Undeveloped property; zoned R-2 West – Undeveloped property; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on or near a CATA bus route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR United for Progress Neighborhood Association were notified of the rezoning request. D. LAND USE ELEMENT: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning from R-2 to Mining. October 7, 2010 ITEM NO: 5.1 (Cont.) FILE NO.: Z-8598 2 A Land Use Plan Amendment is a separate item on this agenda. This area is not covered by a City of Little Rock recognized Neighborhood Action Plan. Master Street Plan: Lawson Road is a Minor Arterial 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Lawson Road since it is a Minor Arterial. Hugh Taylor Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. These streets have a design standard the same as a Collector. A Principal Arterial is shown to the west of this location. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. 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 is shown adjacent to Lawson Road. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. E. STAFF ANALYSIS: BGM Investments, LLC and Real Properties, Inc., owners of the 34.37 acre property located approximately one-quarter mile north of 16220 Lawson Road, are requesting to rezone the property from “R-2” Single Family District to “M” Mining District. The rezoning is requested for the continuation of a gravel mining operation which has existed on the M zoned property immediately to the south. The operation includes the extraction and crushing of rock for gravel used in asphalt paving. The property requested for rezoning is currently undeveloped with varying degrees of slope. The property is mostly tree-covered. The owners of the property proposed for rezoning also own approximately 117 acres of additional property (53 acres zoned M and 64 acres zoned R-2) which completely surrounds the subject property on all sides. The properties immediately north, east and west of the site are undeveloped and October 7, 2010 ITEM NO: 5.1 (Cont.) FILE NO.: Z-8598 3 zoned R-2. The past mining operation has existed on the M zoned property to the south. There is a horse farm on the R-2 zoned property to the southwest. There is industrial zoned property further south along both sides of Lawson Road. The City’s Future Land Use Plan designates this property as Residential Low Density. A Land Use Plan Amendment to Mining is a separate item on this agenda. Staff is supportive of the requested rezoning. Staff views the request as reasonable. The actual net area from which materials will be extracted represents only a small portion of the overall area proposed to be rezoned, as well as the property currently zoned M. As noted previously, the surrounding properties have the same ownership as the subject property, which will provide a buffer area around the actual mining perimeter. Staff believes the proposed M zoning and continuation of the past mining operation will have no adverse impact on the surrounding properties or the overall area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested M rezoning. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 6 FILE NO.: Z-5535-D NAME: St. Michael’s Episcopal Church Columbarium – Conditional Use Permit LOCATION: 12415 Cantrell Road OWNER/APPLICANT: St. Michael’s Episcopal Church PROPOSAL: A conditional use permit is requested to allow for the adoption of a columbarium/player garden to this existing, R-2 zoned church site. 1. SITE LOCATION: The site is located on the south side of Cantrell Road, between Pleasant Ridge and Sam Peck Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The church has been at this site for several years. The properties along this portion of Cantrell Road are zoned for and occupied a variety of uses; including multifamily, office and commercial. A small lake is located at the rear of the site, separating the church from the residential neighborhood to the south. The addition of a small columbarium/prayer garden to the church site should not affect the church’s continued compatibility with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Piedmont Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: Access to the site is via a single driveway off of Cantrell Road. Existing parking is located in front of and adjacent to the church building. Parking requirements for churches are determined by the seating capacity of the main worship area. No change is proposed to the church itself. The proposed columbarium/prayer garden does not generate the need for additional parking. 4. SCREENING AND BUFFERS: No Comments. October 7, 2010 ITEM NO.: 6 (Cont.) FILE NO.: Z-5535-D 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Existing sewer main located in this area. Owner will be responsible for any damage to existing sewer main during construction process. No permanent structure will be allowed within the sewer easement. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) The applicants were present. Staff presented the item and noted additional information was needed on the proposed columbarium/prayer garden. Staff also asked for a lighting plan, if additional lighting was proposed. Utility Comments were noted. The applicants were advised to respond to staff issues by September 22, 2010. The Committee determined there were no other issues and forwarded the item to the full Commission. October 7, 2010 ITEM NO.: 6 (Cont.) FILE NO.: Z-5535-D 3 STAFF ANALYSIS: St. Michael’s Episcopal Church occupies the R-2 zoned property located at 12415 Cantrell Road. The church is requesting approval of a revision to their conditional use permit to allow for development of a small columbarium/prayer garden behind the church building, on the southwest section of the property. The columbarium/prayer garden will consist of flagstone and concrete walks in a garden setting that follow the existing contours of the land. Minimal grading will be required to meet handicap accessible needs and requirements. The walks will be located to preserve and enhance existing trees and foliage. Low voltage “ground” lights will illuminate the walks when desired at night. Ashes will be interred in 12 inch square, in-ground vaults that will line the garden walks. Several prefabricated benches and natural stone sitting areas along the walks will provide places for reflection and prayer. The columbarium gardens will be located 30 feet west (at its closest point) of the 12-foot sewer easement. No permanent structure will be located in the sewer easement. To staff’s knowledge, there are no outstanding issues. The applicant responded to issues raised at Subdivision Committee, as noted above. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the comments and conditions outlined in Section 6 of the agenda staff report. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There was one objector present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. Rev. Edwin Wills addressed the Commission and briefly described the proposal. He stated he would reserve the balance of his time to respond to any issues raised by the opposition. Rich Cosgrove, of 14 Piedmont Cr., stated he owned 3.5 acres adjacent to the church site. He stated there were persons crossing the church property to fish October 7, 2010 ITEM NO.: 6 (Cont.) FILE NO.: Z-5535-D 4 in their private pond. He suggested the church install a fence along the rear of their property to control access. He said he was no opposed to the proposed columbarium but he did have concerns about a dock and amphitheater shown on the plan. Rev. Wills responded that the church was only doing the columbarium and garden. He said the church had “sort of ignored its back yard” and the plan was drawn to show potential future designs to improve the area. He said by improving the back yard, unauthorized users might be discouraged from entering the area. There was no further discussion. A motion was made to approve the application subject to all staff comments and conditions. The motion was seconded and approved by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 7 FILE NO.: Z-5668-H NAME: Home Depot – Revised Conditional Use Permit LOCATION: 12610 Chenal Parkway OWNER/APPLICANT: Home Depot/PBS & J PROPOSAL: A revision to the Home Depot Conditional Use Permit is requested to allow the subdivision of the site to accommodate an outlot which was approved by the Planning Commission on August 12, 2010. 1. SITE LOCATION: The site is located on the north side of Markham Street and Chenal Parkway, at the intersection of those streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located within the intensely developed commercial node at the Chenal/Markham intersection. Surrounding uses are all commercial. A PR zoned floodway separates the site from the multifamily residential properties to the north. The change proposed for the Home Depot is the “cutting out” of a portion of the parking lot to accommodate a new outlot. That change will not affect Home Depot’s compatibility with the neighborhood. Notice of this request was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place and Gibralter Heights Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: Access to the site is via one driveway off of Chenal Parkway and two driveways off of West Markham Street. No changes are proposed in the entrance driveways. The store and garden center requires 366 parking spaces. The creation of the Chick-Fil-A parcel reduces the number of on- site parking spaces from 537 to 412. Of the 412 remaining spaces, 54 are within areas designated for equipment rental display and seasonal sales area; leaving 358 spaces. Staff is supportive of the slight variance. Additional access and cross parking easements will be indicated on the proposed new plat to address staff’s questions related to the driveways and parking along the common lot line between the Home Depot lot and the proposed Chick-Fil-A lot. October 7, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-5668-H 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. Both sites in question must have a nine-foot wide (9’) perimeter landscape strip around both sites entirety. A variance from this minimal requirement must be obtained from the City Beautiful Commission prior to the issuance of a building permit. This area could circumvent this requirement by merely platting the area as a cross access easement. All the landscaping, fencing, paving, etc. on the site should be in good condition or replaced in conjunction with this application. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: NOTE CENTRAL ARKANSAS WATER EASEMENT FOR 42-INCH RAW WATER LINE. All Central Arkansas 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 regarding procedures for installation of water facilities and/or fire service. Approval of plans by the October 7, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-5668-H 3 Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Fire hydrant may be required. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) Paxton Singleton was present representing the applicant. Staff presented the item and noted the only real issue was treatment of the common lot line between the proposed outlot and the remainder of the Home Depot lot. Staff stated cross-access and parking easements needed to be shown along the entirety of the common lot line or the plan would have to be redrawn to show different parking and driveways and perimeter landscape strips. It was noted that the cross-access and parking easements would have to be indicated on the previously approved preliminary plat prior to the final plat being approved and filed. Utility and Landscape Comments were noted. Staff also noted that the revised C.U.P. plan would result in Home Depot being about 6 parking spaces short of the required 366 spaces. Staff indicated support for this minor parking variance. October 7, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-5668-H 4 The applicant was advised to submit responses to staff by September 22, 2010. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: Home Depot Home and Garden Center is located on the C-3 zoned property at 12610 Chenal Parkway. Previous C.U.P. approvals by the Commission permitted the store and subsequent expansions and variations. The site consists of 14.04± acres. On August 12, 2010, the Commission approved a preliminary plat to create a 1.18 acre lot out of the southeast corner of the Home Depot lot for future development of a Chick-Fil-A restaurant. Since the proposed plat reduced the area of the Home Depot site and cut-out a portion of Home Depot’s parking lot, it is necessary to revise the Home Depot C.U.P. No changes are proposed to any aspect of the Home Depot C.U.P. other than the change in the southeast corner of the parking lot to accommodate the new lot. Staff’s only area of concern was the treatment of the new common lot line between Home Depot and Chick-Fil-A. Based on the plan submitted for the preliminary plat, it appeared new perimeter landscape strips would have to be installed by both parties. To do so, would substantially impact both sites. Staff has determined that extending the cross access easements and indicating cross- parking easements along the common lot line will remedy the situation. At the subdivision committee meeting, the applicant’s representative agreed that those easements would be indicated on the final plat prior to submittal for filing. To staff’s knowledge, there are no other issues. The bill of assurance includes the following statement: “All zoning ordinances and building codes of the City of Little Rock, Arkansas should be applicable to the property.” STAFF RECOMMENDATION: Staff recommends approval of the requested revision to the C.U.P. 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. October 7, 2010 ITEM NO.: 7 (Cont.) FILE NO.: Z-5668-H 5 2. All required cross-access and cross-parking easements must be indicated on the plat of Lot 1RR and Lot 3, Morris Commercial Addition prior to filing the final plat. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff, by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 8 FILE NO.: Z-7622-C NAME: Kinnaman Auto Repair – Conditional Use Permit LOCATION: 15617 Chenal Parkway OWNER/APPLICANT: 1998 Kinnaman Family Revocable Living Trust/ Jack Kinnaman PROPOSAL: A conditional use permit is requested to allow an auto repair business to located on this C-3 zoned tract. STAFF UPDATE AND RECOMMENDATION: On September 16, 2010, the applicant requested withdrawal of the item. Staff recommends approval of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that, on September 16, 2010, the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 9 FILE NO.: Z-7990-A NAME: Increased Heights Gymnastics – Conditional Use Permit LOCATION: 2326 Cantrell Road, #59 OWNER/APPLICANT: Capital Properties, LLC/Wes Lacewell PROPOSAL: A conditional use permit is requested to allow a gymnastics studio to occupy one bay of the existing building on this I-3 zoned property. 1. SITE LOCATION: The site is located on the north side of Cantrell Road, opposite Coolwood Drive. The specific bay is the westernmost bay in the front building. 2. COMPATIBILITY WITH NEIGHBORHOOD: The north side of Cantrell Road in this area is occupied by a variety of uses including warehousing, mini-warehousing, wholesale and commercial uses. The proposed gymnastics studio will be operating primarily during hours that do not conflict with the other uses in this facility. Allowing the use of one bay of this industrial site to be used by the gymnastics studio appears to staff to be a reasonable use. Notice of this hearing was sent to all owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Capitol View/Stifft Station Neighborhood Association. 3. ON SITE DRIVES AND PARKING: Access to the site is off of a driveway onto Cantrell Road. The site contains large parking lots. Most of the businesses in this building are weekday, daytime businesses. The proposed gymnastics studio is to operate Monday through Thursday, 3:00 p.m. – 9:00 p.m. and occasionally on weekends; when the other businesses do not need the use of the parking as much. There should be sufficient parking on the site, even if it is not all located directly in front of the gymnastics studio’s bay. 4. SCREENING AND BUFFERS: No Comments. October 7, 2010 ITEM NO.: 9 (Cont.) FILE NO.: Z-7990-A 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) The applicants were present. Staff presented the item and noted additional information was needed; including the square footage of the lease space, parking, signage and days and hours of use. Staff noted the applicants must comply with all applicable building and fire codes for conversion of the space to accommodate the proposed use. It was suggested by staff and some of the Committee members that the property owner should consider rezoning the site from its current I-3 designation to one that would accommodate different uses. The applicants were advised to respond to staff issues by September 22, 2010. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The I-3 zoned property in the 2300 block of Cantrell Road is occupied by four (4) large warehouse type buildings and paved parking lots. The buildings contain multiple bays, which are occupied by a variety of uses. A conditional use permit October 7, 2010 ITEM NO.: 9 (Cont.) FILE NO.: Z-7990-A 3 is requested to allow the bay located at 2326 Cantrell road #59 to be occupied by a gymnastics studio. This particular bay is the westernmost space in the building that fronts directly onto Cantrell Road. That building is occupied by multiple uses, each occupying one (1) or two (2) bays. This front building has inherent commercial qualities and a history of occupancy by commercial-type uses. Increased Heights Gymnastics is proposing to occupy a 7,400 square foot bay. Signage will consist of wall signage on the front façade of the building, facing Cantrell Road. Signage will comply with city code and the design criteria established by the lessor. The gym’s hours of operation are Monday through Thursday, 3:00 p.m. – 9:00 p.m., and occasional meets and practices on weekends. There are 3 to 4 employees on staff at any given time. A large parking lot is located between the building and Cantrell Road. Most of the parking will be available for use by the gym after 5:00 p.m. to 6:00 p.m. To staff’s knowledge, there are no outstanding issues. The proposed use appears appropriate for the site, which is actually adjacent to the Junior Deputy Baseball Field Complex. The 1921 bill of assurance for Worthen’s Subdivision likely does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the agenda staff report. 2. Compliance with all applicable building and fire codes for conversion of the space to accommodate the proposed use. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff, by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 10 FILE NO.: Z-8420-A NAME: Love N Care Day Care Center – Conditional Use Permit LOCATION: 4110 East 37th Street (College Station) OWNER/APPLICANT: James Washington PROPOSAL: A revision to the previously approved Conditional Use Permit for the day care center is requested as a result of the site not being developed as per the approved site plan. 1. SITE LOCATION: The site is located on the north side of East 37th Street, one block west of Bankhead Drive, in the College Station community. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located outside of the city limits, within the City’s zoning jurisdiction. The property is located in the area impacted by the 1997 tornado and many of the properties in the immediate vicinity remain vacant. The day care center and the applicant’s home are adjacent to the east. Undeveloped, wooded property is adjacent to the north and to the east of the existing day care. The building slab and parking lot remain from the former site of the county health department, which was located at 37th and Bankhead. Two single-family residences and a 4-unit apartment building are located to the south. The site is located just off Bankhead, a collector street, in an area that is in need of reinvestment. Staff believes the use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the College Station Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The new building was approved to accommodate 62 children with 8 employees, requiring 14 parking spaces. The plan approved by the Commission on January 8, 2009 showed the construction of a new driveway off of East 37th Street and an 11 space parking lot to be located between the building and the street. Additional parking is available and being used at the other part of the applicant’s day care, located adjacent to the east. October 7, 2010 ITEM NO.: 10 (Cont.) FILE NO.: Z-8420-A 2 Under the revision proposed of the applicant, an existing driveway off of East 37th Street was used and parking has been located along the east side of the new building. The new parking ties into the existing parking and drive that serves the portion of the day care operation to the east. It appears 11 spaces are still being provided. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. The zoning street buffer requires a nine-foot (9’) wide street buffer along 37th Street. This is measured after any right-of-way dedication. Removal of asphalt/concrete may be required in conjunction with this application. The Landscape Ordinance requires a nine-foot (9’) wide perimeter landscape strip around the site’s entirety. This may require the removal of asphalt/concrete in conjunction with this application. A variance must be obtained from the City Beautiful Commission for any deviation from this minimal City ordinance requirement. The Landscape Ordinance requires that a minimum of eight percent (8%) of the interior of the parking lot be green space. Currently, it appears this minimal amount isn’t being met. A variance from this minimal City ordinance requirement must be obtained from the City Beautiful Commission. A small amount of building landscaping is required. 5. PUBLIC WORKS COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 37th Street for the frontage of this property must meet commercial street standards. A dedication of right-of-way from centerline is required. Show or verify the centerline of the 37th Street right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. October 7, 2010 ITEM NO.: 10 (Cont.) FILE NO.: Z-8420-A 3 AT&T (SBC): No comments 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 to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) required that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Fire sprinklers and fire hydrant may be required. County Planning: No Comments. October 7, 2010 ITEM NO.: 10 (Cont.) FILE NO.: Z-8420-A 4 SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) The applicant was present. Staff presented the item and noted the applicant needed to indicate the playground area, fencing and landscape areas on the site plan. When questioned about the ramp that had been installed at the front of the building, Mr. Washington responded that he had been told by the LRFD Fire Marshall that he needed to provide the additional exit and ramp to satisfy fire codes. Public Works, Utility and Landscape Comments were noted. The applicant was advised to have his surveyor indicate the street right-of-way and centerline on the survey so that it could be determined if right-of-way dedication was required. The applicant was advised to respond to staff issues by September 22, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: On January 8, 2009, the Commission approved a C.U.P. to allow for construction of a new building to accommodate expansion of the existing day care center on this R-3 zoned property. The approval included the construction of a 9,785 square foot building and an 11-space parking lot to be located between the building and the street. The applicant already operated a day care center on the property adjacent to the east with a capacity of 48 children. The new building accommodates an additional 62 children and 8 employees. Day and hours of operation were approved as 5:00 a.m. to 11:30 p.m., Monday through Friday with the possibility of expanding to Saturday and Sunday if the demand should arise. The property is located outside of the city limits but within the City’s zoning jurisdiction. Since the property is outside the city limits, no building permit was required. The building was subsequently constructed different from the approved plan. The building as constructed contains 7,150 square feet and parking has been located on the east side of the building. The previously approved plan had the building with a front yard setback of 74± feet to accommodate the parking lot. The building has actually been constructed with a setback of 25 feet with a porch and ramp extending into the setback. The other building setbacks meet or exceed those approved in 2009. Additionally, the required right-of-way was not dedicated. An additional 10 feet of right-of-way is needed which will result in a building setback of 15 feet. A ramp which has been installed at the southwest face of the building would actually be located in the right-of-way. No changes in any of the other previously approved aspects of the day care center are proposed. October 7, 2010 ITEM NO.: 10 (Cont.) FILE NO.: Z-8420-A 5 Although it is unfortunate that the applicant chose not to follow the approved plan, none of the changes are “fatal” in nature. The parking as constructed provides the same number of spaces as was previously approved. Some minor changes will need to be made to the plan to provide the required landscape and screening. The playground area behind the building will need to be enclosed by a 6 foot wood privacy fence as was previously required. Right-of-way dedication must be completed. The ramp on the front of the building must be redesigned so that it will not be in the new right-of-way. Allowing the reduced setback, once right-of-way is dedicated, should not have any real impact. The building will still physically line-up with the couple of other buildings existing on the street. If approved, staff will monitor the site to assure completion and compliance. STAFF RECOMMENDATION: Staff recommends approval of the revised CUP subject to compliance with the following conditions: 1. Compliance with the conditions outlined in Section 6 in the previous C.U.P. approval dated January 8, 2009 (Z-8420). 2. Right-of-way is to be dedicated to 30 feet from centerline of East 37th Street (an additional 10 ft. of right-of-way). 3. The ramp on the southwest corner of the front of the building is to be removed and redesigned so that it does not extend into the new right-of-way. 4. The playground area is to be enclosed by a 6 ft. tall wood privacy fence. 5. The parking located on the north side of the site, east of the building is to be redesigned to provide the required 6.75 feet of landscape area. Staff recommends approval of the reduced front yard setback, once right-of-way is dedicated. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices. Staff recommended deferral of the item to the November 18, 2010 meeting. There was no further discussion. The item was placed on the consent agenda and approved for deferral by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 11 FILE NO.: Z-8545-A NAME: 7001 Cantrell Road Auto Repair – Conditional Use Permit LOCATION: 7001 Cantrell Road OWNER/APPLICANT: Michael Palazzolo/Patrick McGetrick PROPOSAL: A conditional use permit is requested to allow an auto repair business to occupy the existing building on this C-3 zoned site. 1. SITE LOCATION: The site is located at the southwest corner of Cantrell Road and N. Bryant Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses; including multifamily, office and commercial uses. The site was built as a service station and has a long history of use for automobile related services. Allowing reuse of the site for auto repair, with appropriate conditions placed on the use, appears to staff to be an appropriate use of the site. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Meriwhether Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: The site currently has one driveway off of Bryant Street and two driveways off of Cantrell Road. The eastern driveway off of Cantrell will be closed. The proposed auto repair business requires 11 parking spaces; 5 spaces plus 1 for each 250 square feet of building area. The site contains 13 parking spaces plus parking under the former gas island canopy and within the building. 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. October 7, 2010 ITEM NO.: 11 (Cont.) FILE NO.: Z-8545-A 2 Any/all landscaping additions are both appreciated and encouraged. With the removal of one of the driveways, the addition of some additional green space seems optimal for that area. 5. PUBLIC WORKS COMMENTS: 1. Bryant Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way thirty (30) feet from centerline will be required. 2. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Bryant Street and Cantrell Road. 3. A plan is currently being prepared by AHTD to widen Cantrell Road in this area. Right-of-way will be required when plans are completed and project is funded. 4. For the existing improvements in the dedicated right-of-way, obtain a franchise agreement from Public works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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) required that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must October 7, 2010 ITEM NO.: 11 (Cont.) FILE NO.: Z-8545-A 3 be sent CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) Patrick McGetrick was present representing the application. Staff presented the item and noted additional information was needed regarding the proposed use. Staff asked the applicant to provide a signage plan, days and hours of use and the number of employees. Staff asked that any fencing be noted on the plan. It was noted that all uses must take place within the enclosed building and no outside storage would be permitted. The applicant was advised to provide a copy of the subdivision’s bill of assurance. Public Works, Utility and Landscape Comments were noted. The applicant was advised to respond to staff issues by September 22, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned property located at 7001 Cantrell Road is occupied by a former service station building and paved parking lot. The building has a history of use for auto related business; including a service station and minor auto repair. A conditional use permit is requested to allow use of the building for a brake and alignment service business. Hours of operation are proposed as Monday through Saturday, 7:30 a.m. – 6:30 p.m. Signage will consist of use of the existing ground sign and wall signage on the facades of the building facing Cantrell Road and Bryant Street. Signage will comply with that allowed in commercial zones. The business will have 4 employees. A dumpster with required screening will be placed adjacent to the east side of the building. The eastern driveway on the Cantrell Road frontage will be closed. All work will be conducted inside the building and no outside storage will be permitted. Additional landscaping will be installed in areas available. October 7, 2010 ITEM NO.: 11 (Cont.) FILE NO.: Z-8545-A 4 To staff’s knowledge there are no outstanding issues. The applicant has indicated dedication of right-of-way as called for in Public Works Comments. The applicant was not able to find a copy of the bill of assurance for Plunkett’s Subdivision of Forest Park Addition. The applicant does not believe the bill of assurance is still in effect. Staff believes the proposed continued use of this property for a brake and alignment service business is an appropriate use. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to allow a brake and alignment service 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 vehicle service and work is to take place only with the enclosed building. There is to be no vehicle service or work under the canopy or elsewhere outside of the enclosed building. 3. There is to be no outside storage of merchandise, materials or auto parts. 4. There is to be no storage of inoperable vehicles on the site or vehicle sales on the site. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There was one objector present. Staff presented the item and a recommendation of approval as outlined in the “staff recommendation” above. Pat McGetrick addressed the Commission and stated he agreed with all staff comments and conditions. Turag Ronaghi, of 2901 Kavanaugh Blvd., addressed the Commission in opposition. He stated he owned the vacant lot at 7000 Cantrell and he felt the proposed business would not be good for the neighborhood. Mr. McGetrick stated the site had always been used for auto service businesses and his client was going to fix the place up. In response to a question from Chairman Yates, Mr. McGetrick restated his agreement with all staff comments and conditions. October 7, 2010 ITEM NO.: 11 (Cont.) FILE NO.: Z-8545-A 5 A motion was made and seconded to approve the application, including all staff comments and conditions. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 12 FILE NO.: Z-8590 NAME: Knapp Multisectional Manufactured Home – Conditional Use Permit LOCATION: 3500 Rocky Lane OWNER/APPLICANT: Kimberly Knapp PROPOSAL: A conditional use permit is requested to allow for the placement of a multisectional manufactured home on this vacant, R-2 zoned property. 1. SITE LOCATION: The site is located on the west side of Rocky Lane, approximately 700 feet south of Colonel Glenn. The property is approximately 3 miles outside the city limits (along Colonel Glenn Road), within the City’s extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The area is rural in nature and contains a variety of housing types on varying sizes of properties. There are numerous other single wide and multisectional mobile homes and manufactured homes in the area. The proposed use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet were notified of this request. There is no neighborhood association in this area. 3. ON SITE DRIVES AND PARKING: A existing driveway provides access to the site. The applicant proposes to extend the driveway to provide access to a new carport structure that will be located behind the home. One parking space is required. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: 1. Rocky Lane is classified on the Master Street Plan as a residential street. A dedication of right-of-way twenty-five (25) feet from centerline October 7, 2010 ITEM NO.: 12 (Cont.) FILE NO.: Z-8590 2 will be required. The centerline of the existing right-of-way is not shown on the survey. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. Crystal VFD County Planning: No Comments. CATA: The site is located outside of the CATA service area. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) Michael Helms was present representing the applicant. Staff presented the item and noted no additional information was needed. Staff noted the siting criteria from Section 36-254(d)(5) of the Code. Public Works and Utility Comments were noted. The applicant was advised to have the surveyor indicate the street right-of-way and centerline on the survey so that any required right-of-way dedication could be determined. The applicant was advised to provide a response to staff by September 22, 2010. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for placement of a multisectional manufactured home on the vacant, R-2 zoned, 1.46 acre tract located at October 7, 2010 ITEM NO.: 12 (Cont.) FILE NO.: Z-8590 3 3500 Rocky Lane. The property is located outside of the city limits, within the City’s extraterritorial jurisdiction. The proposed home is a 2008 model, measuring 32’ X 80’ and containing approximately 2,200 square feet. The home has a pitched, shingled roof, vinyl siding and shutters. A front porch and rear patio will be installed. A detached carport will be located behind the home. To staff’s knowledge, there are no outstanding issues. There is no bill of assurance for this acreage tract. The proposed home is compatible with other homes in the area. The applicant submitted a revised survey showing the existing right-of-way for Rocky Lane varies from 13’ to 18.7’ from centerline. Right-of-way will be dedicated to 25’ from centerline. STAFF RECOMMENDATION: Staff recommends approval of the requested CUP subject to compliance with the following conditions: 1. Compliance with the comments and conditions in Sections 5 and 6 of the agenda staff report. 2. Placement of the home must comply with the following siting criteria from Section 36-254(d)(5). a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. October 7, 2010 ITEM NO.: 12 (Cont.) FILE NO.: Z-8590 4 The item was placed on the consent agenda and approved, as recommended by staff, by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 13 FILE NO.: Z-8597 NAME: Mauney Accessory Dwelling – Conditional Use Permit LOCATION: 7919 West 5th Street OWNER/APPLICANT: James Mauney PROPOSAL: A conditional use permit is requested to allow for the use of an existing accessory building as an accessory dwelling. The property is zoned R-2. 1. SITE LOCATION: The site is located on the south side of West 5th (Capitol Avenue) approximately one block west of Rodney Parham. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses; including single family and multifamily residences and churches. Floodway is located to the south. The property contains 1.25± acres, more than enough area to support a second dwelling. The proposed use is compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Briarwood and Sunnymeade Neighborhood Association were notified of this request. 3. ON SITE DRIVES AND PARKING: One parking space is required for each dwelling. A single driveway currently serves the property. There is more than adequate space on the site to construct a driveway and two parking spaces to comply with the city code, including the new “parking in yards” ordinance. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. October 7, 2010 ITEM NO.: 13 (Cont.) FILE NO.: Z-8597 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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) required that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is not located on a CATA bus route. Planning Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) The applicant was present. Staff presented the item and noted that one parking space was required for each dwelling. Staff also noted that the property owner must reside in one of the dwellings. In response to a question from staff, the applicant stated separate electric meters would be requested. Utility Comments were noted. October 7, 2010 ITEM NO.: 13 (Cont.) FILE NO.: Z-8597 3 The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The R-2 zoned, 1.25 acre tract located at 7919 West 5th (Capitol Avenue) is occupied by a single family residence and several accessory buildings; vestiges of the site’s history as a small farm. The applicant is requesting approval of a conditional use permit to allow use of one of the accessory buildings as an accessory dwelling. The frame building in question was built in the early 1900’s as a kitchen for the main house. It was later used as a processing house to store milk cans in a walk-in cooler. Later, it was adapted to a living quarters for a relative. It has been used for storage for some time. The applicant proposes to remodel the building for occupancy as a guest house or to possibly be rented. The building is less than 700 square feet in area. A separate electric meter was installed many years ago. To staff’s knowledge, there are no issues. The site contains 1.25 acres and is located in an area of multifamily and institutional type uses. The density is less than typical for single family. There is no bill of assurance for this acreage tract. In the R-2 zoning district, one of the dwellings (either the principal dwelling or accessory dwelling) must be occupied by the property owner. 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. 2. A paved driveway and two paved parking spaces must be constructed. 3. The property owner must occupy one of the dwellings. Staff recommends approval of separate utility meters. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions October 7, 2010 ITEM NO.: 13 (Cont.) FILE NO.: Z-8597 4 outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff, by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 14 FILE NO.: Z-8599 NAME: Arkansas Baptist College Dining Hall Expansion – Conditional Use Permit LOCATION: 1600 Dr. Martin Luther King Drive OWNER/APPLICANT: Arkansas Baptist College PROPOSAL: A conditional use permit is requested to allow for an expansion of the existing dining hall facility on this R-4 zoned college campus. STAFF REPORT AND RECOMMENDATION: On September 27, 2010, the applicant requested withdrawal of this item. Staff recommends approval of the withdrawal request, without prejudice. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was not present. There were no objectors present. Staff informed the Commission that, on September 27, 2010, the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 15 FILE NO.: Z-8599-A NAME: Arkansas Baptist College Classroom Building – Conditional Use Permit LOCATION: 1600 Dr. Martin Luther King Drive OWNER/APPLICANT: Arkansas Baptist College PROPOSAL: A conditional use permit is requested to allow for the addition of a one-story classroom building to this R-4 zoned college campus. 1. SITE LOCATION: The proposed classroom building is located within the body of the main part of the ABC campus; west of the formerly abandoned Bishop Street right-of-way and north of the formerly abandoned 17th Street right-of-way. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed classroom building project is located within the body of the main part of the ABC campus. The college and its architects have worked to assure that the design complies with the applicable criteria of the Central High Design Overlay District. The proposed classroom building appears to be compatible with the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Central High and Downtown Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The parking requirement for a college is one (1) space for each 300 square feet of gross floor area or one (1) space per 4 students, whichever is greater. The campus buildings total square footage is 117,200 square feet and the enrollment is 1,127 students. The parking requirement based on square footage is 390 spaces. Based on enrollment, the requirement is 280 spaces. Within the Central High DOD, the parking requirement is 50% of the typical requirement; 195 spaces based on square footage and 140 based on enrollment. The campus contains several existing and planned parking lots, including a 119-space lot to be built at 17th and Marshall. Many of the students utilize public transportation. It is estimated that there are 200 existing and planned parking spaces on the campus. October 7, 2010 ITEM NO.: 15 (Cont.) FILE NO.: Z-8599-A 2 4. SCREENING AND BUFFERS: Site plan must comply with the City’s landscape and buffer ordinance requirements. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comments received. AT&T (SBC): No comments received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. 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 to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. Contact Central Arkansas Water regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) required that upon installation of the RPZA, successful test of the assembly must be October 7, 2010 ITEM NO.: 15 (Cont.) FILE NO.: Z-8599-A 3 completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent CAW’s Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Approved as submitted. Place fire hydrants per code. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 16, 2010) Robert Turner was present representing the college. Staff advised Mr. Turner to submit a completed agent authorization form from the college. Staff presented the item and noted that the project had been reviewed for compliance with the Central High Design Overlay District criteria. Each of the pertinent criteria were reviewed and the applicant was asked to provide additional information and responses. Utility and Landscape Comments were noted. The applicant was advised to provide responses to the various issues by September 22, 2010. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: Arkansas Baptist College is proposing to construct a small classroom building in the middle of the college campus, adjacent to the library. The one-story building will contain five classrooms and restroom facilities. The property lies within the area of the Central High Design Overlay District. The development must comply with the provisions of the DOD or be resubmitted as a PZD. Staff has reviewed the pertinent provisions of the DOD as follows: (a) Orientation: The primary façade of a non-residential building shall face the principal street. The principal streets, as referred to in this October 7, 2010 ITEM NO.: 15 (Cont.) FILE NO.: Z-8599-A 4 section, shall refer to the street having the highest classification according to the City Master Street Plan. Buildings located on corner lots shall have the same orientation as adjacent non- residential structures. This building is located within the body of the campus and has no frontage on a public street. (b) Ground-level façade. For new construction, at least sixty (60) percent of the ground floor level facing pedestrian public circulation areas shall be glass-windows and/or displays. The applicant submitted revised building elevations and the west façade and the east façade, facing the interior of the campus quad, both now have additional glass windows. The facades comply with the DOD requirement. (c) Nonresidential Building Setback: All commercially and office zoned properties within the boundaries of this districts shall have a ten foot (10’) front setback with building sited at the front setback property line. Properties on street corners shall be sited on the property lines ten (10) feet off the property lines abutting the street corner. There shall be a five (5) feet side yard setback from residentially zoned properties, zero feet side yard setback from non-residentially zoned property and rear yard setback of twenty- five (25) feet. This building is located within the body of the campus and has no direct relationship to an abutting property line. (d) Drive through facilities: No drive through facilities shall be permitted on front facades of buildings. Buildings, which are on a corner, shall be considered to have two front facades. Drive- through facilities are permissible on side or rear facades. Not applicable. (e) Roofs. Flat roofs and pitched roofs are permitted. Rooflines should follow predominant style of the adjacent buildings. This building has a pitched roof which is compatible with the adjacent buildings. October 7, 2010 ITEM NO.: 15 (Cont.) FILE NO.: Z-8599-A 5 (f) Materials: The materials of the exterior shell shall be brick, other masonry, wood, or a material that resembles wood (i.e., vinyl siding, etc.) The exterior of the building is indicated as brick masonry, manufactured stone veneer and stucco. Stucco is appropriate, (not E.I.F.S.). (g) Standard parking requirements. Parking requirements within the district shall be fifty (50) percent of that required by Article VIII of Chapter 36. Parking requirements for colleges are determined by the total square footage of all buildings and by the total number of students; one space per three hundred (300) square feet of gross floor area or one space for every four (4) students, whichever is greater. The campus building’s total square footage is 117,200 square feet and the enrollment is 1,127 students. The typical requirement based on square footage is 390 spaces; 195 under the DOD. The typical requirement based on enrollment is 280 spaces; 140 under the DOD. There are an estimated 200 spaces either existing or proposed for construction on the campus. (h) Maximum Parking: The maximum parking allowed shall be the minimum standard established in Article VIII of Chapter 36. See above. (i) Parking Facilities. Surface parking shall be limited to the side and rear of structures. No parking shall be allowed in the “front-yard setback”. Parking structures shall have ground-level uses devoted to non-vehicular activities. Development of ground-level retail or office uses is encouraged. No new parking is proposed. Utilities and Services. (a) All new utilities for developments within the district shall be buried. All new developments are required to place utilities and cabled services in subterranean locations from the pole to the structure. Utilities are already in place and no new overhead utilities are proposed. October 7, 2010 ITEM NO.: 15 (Cont.) FILE NO.: Z-8599-A 6 (b) Dumpster delivery and waste removal areas hall be located in alleys where available or in common service areas for multiple developments. No new waste removal area or dumpster are proposed. (c) In all areas, service and waste removal areas shall be screened and located away from public outdoor spaces and pedestrian areas. Dumpster screening as per [Section] 36-253. No new waste removal area or dumpster are proposed. Landscaping. (c)Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4 ½) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. Tree removal can only be done if approved by the City’s Urban Forester. Penalties for violations shall be a listed in Chapter 1-9. For trees in the Public Right-of-Way, see Section 15-51. No trees will be removed from the site. (Staff will confirm prior to any site work.) No signage has been proposed. Staff would recommend that any signage be limited to a wall sign on the front (east) façade of the building. To staff’s knowledge, there are no issues. The proposed building appears to comply with the provisions of the DOD. The century-old bill of assurance for Centennial Addition does not address use issues. The building is proposed for placement in the middle of the campus where it is surrounded by other existing campus buildings. Staff does not believe the placement of this small classroom building will negatively impact surrounding properties. 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. October 7, 2010 ITEM NO.: 15 (Cont.) FILE NO.: Z-8599-A 7 2. The building design must comply with the applicable provisions of the Central High Design Overlay District. 3. Prior to any site work commencing on the site, the building location and construction area is to be staked out and Planning Staff is to visually verify that there are no trees to be removed and that any trees within 50 feet of the development are protected. PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the “staff recommendation” above. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff, by a vote of 11 ayes, 0 noes and 0 absent. October 7, 2010 ITEM NO.: 16 Adoption of 2011 Planning Commission Calendar PLANNING COMMISSION ACTION: (OCTOBER 7, 2010) Staff presented the proposed 2011 calendar. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 11 ayes, 0 noes and 0 absent. Adapted: Draft PLANNING COMMISSION CALENDAR - 2011 SUBDIVISION HEARINGS: 1IF_1a LII►Lej0 j:1' k* 1j1L1 f11 LeMo—oh ,11111 Le1011-111k&3:1;11 -114 I [em Subdivision Filing Date Lid Committee (2) Hearing Date (1) (3) 11 -08 -10 11 -19 -10 11 -24 -10 (Wednesday) 12 -16-10 12- 20-10 01 -03 -11 01-05 -11 (Wednesday) 01 -27 -11 01 -31 -11 02 -11 -11 02 -17 -11 03 -10-11 03 -14 -11 03 -25 -11 03 -31 -11 04 -21 -11 04 -25-11 05 -06 -11 05 -12 -11 06 -02 -11 06-06-11 06 -17 -11 06 -23 -11 07 -14 -11 07 -18-11 07 -29 -11 08 -04 -11 08 -25 -11 08 -29-11 09 -09 -11 09 -15 -11 10 -06-11 10 -10-11 10 -21-11 10 -27 -11 11 -17 -11 11 -21 -11 12 -02 -11 12 -08 -11 01 -05-12 1IF_1a LII►Lej0 j:1' k* 1j1L1 f11 LeMo—oh ,11111 Le1011-111k&3:1;11 -114 I [em AVAILABLE INFORMAL MEETING DATES: (to be scheduled as required) Meeting Date (4) 1021 -10 12 -02 -10 02 -10 -11 03 -24 -11 05 -05 -11 06 -16-11 07 -28 -11 09 -08 -11 10 -20 -11 12 -01 -11 NOTE: (1) All public Hearings shall be held at 4:00 P. M. unless otherwise changed by the Commission. (City Hall, Board Rm) (2) All meetings shall be held at 12:00 P.M- unless changed by the Subdivision Committee. (City Hall, Board Rm) (3) An agenda meeting will be held prior to each public hearing date and wilt begin at 3:30 P.M. in the Sister Cities Conference Room. (4) All informal meetings shall be held at 3:30 P.M. unless otherwise changed by the Commission. (5) Alf meetings shall be held at 12:00 NOON unless otherwise changed by the Plans Committee. (723 W. Markham) NOTICE. AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. Subdivision Filing Date Legal Ad Committee (2) Plans Committee (5) Hearing Date (1) (3) 10 -11 -10 10 -22 -10 10 -28-10 10 -27 -10 1.1 -10 -10 11 -18 -10 11 -22 -10 12 -03 -10 12-09 -10 12 -08-10 12 -22 -10 01 -06 -11 01- 10-11 01 -21 -11 01 -26-11 (Wednesday) 01 -26-11 02 -09 -11 02 -24 -11 02 -28 -11 03 -11 -11 03 -17 -11 03 -16-11 03 -30 -11 04 -07 -11 04 -11 -11 04 -22 -11 04 -28 -11 04 -27 -11 05 -11 -11 05 -19 -11 05 -23-11 06 -03 -11 06 -09-11 06 -08-11 06 -22 -11 06 -30 -11 07 -05-11 (Tuesday) 07 -15-11 07 -21 -11 07 -20-11 08 -03-11 08 -11 -11 OB -15-11 08 -26 -11 09-01 -11 08 -31 -11 09 -14-11 09 -22 -11 09 -2&11 10 -07 -11 10 -13 -11 10 -12 -11 10- 26-11 11 -03 -11 11 -07 -11 11 -18-11 11- 23- 11(Wednesday) 11 -23-11 12 -07 -11 12 -15 -11 12 -19-11 12 -30 -11 01 -12 -12 01 -04-12 01 -18 -12 02 -02 -12 AVAILABLE INFORMAL MEETING DATES: (to be scheduled as required) Meeting Date (4) 1021 -10 12 -02 -10 02 -10 -11 03 -24 -11 05 -05 -11 06 -16-11 07 -28 -11 09 -08 -11 10 -20 -11 12 -01 -11 NOTE: (1) All public Hearings shall be held at 4:00 P. M. unless otherwise changed by the Commission. (City Hall, Board Rm) (2) All meetings shall be held at 12:00 P.M- unless changed by the Subdivision Committee. (City Hall, Board Rm) (3) An agenda meeting will be held prior to each public hearing date and wilt begin at 3:30 P.M. in the Sister Cities Conference Room. (4) All informal meetings shall be held at 3:30 P.M. unless otherwise changed by the Commission. (5) Alf meetings shall be held at 12:00 NOON unless otherwise changed by the Plans Committee. (723 W. Markham) NOTICE. AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. W w F- 0 cn 0 J L3, Q r+ 1 LU a a u ■ C a C) LU CO Lij __ Bill, malle LU milmilliffil co E } u C) LU CO Lij __ Bill, malle LU milmilliffil co E } October 7, 2010 There being no further business before the Commission, the meeting was adjourned at 5:50 p.m. Date tlf S// Se ret rr i