Loading...
HomeMy WebLinkAboutpc_08 21 2008 LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING MINUTE RECORD AUGUST 21, 2008 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Members Present: Pam Adcock Troy Laha Jerry Meyer Lucas Hargraves Jeff Yates J. T. Ferstl Obray Nunnley, Jr. Chauncey Taylor Darrin Williams Bill Rector Members Absent: Valerie Pruitt City Attorney: Cindy Dawson III. Approval of the Minutes of the July 10, 2008 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION PLANNING – REZONING – CONDITIONAL USE HEARING AUGUST 21, 2008 4:00 P.M. I. OLD BUSINESS: Item Number: File Number: Title A. LU08-19-02 A Land Use Plan Amendment in the Chenal Planning District from Single Family and Low Density Residential to Multifamily, Commercial, Office and Single Family and Park/Open Space on the east side of Rahling Road, south of Pebble Beach Drive. A.1. Z-8165-A Rezoning from R-2 and MF-18 to OS, R-2, MF-6, MF- 12, O-3 and C-3 East side of Rahling Road, south of Pebble Beach Drive B. Z-8365 Gutierrez Retail Sales – Conditional Use Permit 7415 Geyer Springs Road C. LA-0021 Glenn Ridge Crossing Land Alteration Variance West side of I-430, south of Colonel Glenn Road II. NEW BUSINESS: Item Number: File Number: Title 1. Z-8376 Munson Day Care Family Home – Special Use Permit 5616 Evergreen Drive 2. G-23-401 N. Pulaski Street – Right-of-Way Abandonment between West Markham and Garland Streets 3. LU08-20-02 A Land Use Plan Amendment at current terminus of Valley Ranch Drive from Low Density Residential to Multifamily. Agenda, Page Two II. NEW BUSINESS: (CONTINUED) Item Number: File Number: Title 3.1. Z-8301-A Rezoning from R-2 to MF-18 West side of Patrick Country Road 4. Z-8375 Rezoning from R-2 to C-4 3720 Baseline Road 5. Z-1703-A Gary’s Plaza – Conditional Use Permit 3224 Mabelvale Pike 6. Z-6908-A Ramos Tire Shop – Conditional Use Permit 4818 Baseline Road 7. Z-8164-A Korean Disciples Church Day Care Center – Conditional Use Permit 600 Kirby Road 8. Z-8362-A Robinson Day Care Center – Conditional Use Permit 1102 West 21st Street 9. Z-8374 Lewellen Multisectional Manufactured Home – Conditional Use Permit 17515 Colonel Glenn Road 10. Z-8377 Tolliver Muffler and Tire Shop – Conditional Use Permit 8312 Geyer Springs Road 11. Z-8378 Carter Pawn Shop – Conditional Use Permit 13200 I-30 12. Z-8379 Trammell Bed and Breakfast – Special Use Permit 22021 Denny Road 13. Z-8367-A BCD Empowerment Center – Conditional Use Permit, located at 3604 West 12th Street 14. MSP08-01 Master Street Plan Amendment realigning Wellington Plantation and Beckenham Drives, current terminus to Rahling Road. August 21, 2008 ITEM NO.: A FILE NO.: LU08-19-02 Name: Land Use Plan Amendment - Chenal Planning District Location: The east side of Rahling Road, south of Pebble Beach Drive Request: Low Density Residential and Single Family to Multi Family, Commercial, Office, Single Family and Open Space Source: Tim Daters, for Deltic Timber Co. PROPOSAL / REQUEST: The applicant has requested a deferral to the October 2, 2008 Planning Commission hearing. Staff is supportive of this request. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The item was placed on the consent agenda for deferral to the October 2, 2008 hearing at the request of the applicant. By a vote of 9 for and 0 against the consent agenda was approved. August 21, 2008 ITEM NO.: A.1 FILE NO.: Z-8165-A Owner: Deltic Timber Corporation Applicant: Tim Daters, White-Daters and Associates Location: East side of Rahling Road, south of Pebble Beach Drive Area: 94 Acres Request: Rezone from R-2 and MF-18 to OS, R-2, MF-6, MF-12, O-3 and C-3 Purpose: Future development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Single family residences; zoned R-2 South – Single family residences; zoned R-2 East – Undeveloped property and single family residences; zoned R-2 West – Undeveloped property (across Rahling Road); zoned OS, R-2 and MF-12 STAFF NOTE: The applicant submitted a letter to staff on June 9, 2008 requesting this application be deferred to the August 21, 2008 Agenda. The deferral request is to allow staff additional time to review the proposed rezoning and land use plan amendment applications. Staff recommends approval of the deferral request to the August 21, 2008 Agenda. PLANNING COMMISSION ACTION: (JULY 10, 2008) Staff informed the Commission that the applicant requested to defer the application to the August 21, 2008 Agenda to allow staff additional time to review the Land Use Plan Amendment and rezoning requests. Staff supported the deferral request. August 21, 2008 ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A 2 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. STAFF UPDATE: The applicant submitted a letter to staff on July 30, 2008 requesting this application be deferred to the October 2, 2008 Agenda. This will be the first deferral charged to the applicant, as the previous deferral was at the request of the Planning Staff. Staff recommends approval of the deferral request to the October 2, 2008 Agenda. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Staff informed the Commission that the applicant submitted a letter to staff on July 30, 2008 requesting the application be deferred to the October 2, 2008 agenda. Staff noted that this would be the first deferral charged to the applicant. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. August 21, 2008 ITEM NO.: B FILE NO.: Z-8365 NAME: Gutierrez Retail Sales – Conditional Use Permit LOCATION: 7415 Geyer Springs Road OWNER/APPLICANT: Juan Gutierrez PROPOSAL: A conditional use permit is requested to allow retail clothing and accessory sales within a portion of one existing building on this C-4 zoned tract. 1. SITE LOCATION: The property is located on the east side of Geyer Springs Road, between I-30 and Forbing Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located within an area of mixed commercial zoning and uses. Commercial uses extend along both sides of Geyer Springs Road to the north and south of the site. An R-5 zoned multifamily development is located to the southeast. This building is one of several on the site that were previously occupied by a building materials company. Allowing its use as a retail sales business is compatible with uses and zoning in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Wakefield and SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed via a driveway off of Geyer Springs Road. Existing parking is located in front of and beside this building. The parking is shared with another adjacent lot which is occupied by a retail business also owned by the applicant. The parking is sufficient for the proposed use. If necessary, there is additional space located behind the building which could be developed for additional parking. 4. SCREENING AND BUFFERS: No requirements for this use-only issue. Any trees that could be planted on the site are encouraged but not required. August 21, 2008 ITEM NO.: B (Cont.) FILE NO.: Z-8365 2 5. PUBLIC WORKS COMMENTS: 1. Geyer Springs 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 newly dedicated right-of-way. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or larger meter is needed. No objection to modified use. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 12, 2008) The applicant, Juan Gutierrez, and his son David were present. Staff presented the item and noted little additional information was needed. Staff asked the applicant to provide days and hours of operation and to indicate what percentage of the building the business would occupy. Staff asked what other uses were located on the site. Staff asked for a signage plan. The applicant responded that there would be a wall sign on the front of the building and signage on the existing ground sign shared with another business on the site also owned by the applicant. He stated the business hours would be Monday through Saturday, 10:00 a.m. to 7:00 p.m. Public Works and Utility Comments were noted. Staff explained the requirement to dedicate right-of-way per the Master Street Plan. August 21, 2008 ITEM NO.: B (Cont.) FILE NO.: Z-8365 3 The applicant was advised to respond to staff issues by Wednesday, June 18, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The applicants are requesting approval of a conditional use permit to allow retail clothing and accessory sales within a portion of one building on the C-4 zoned property located at 7415 Geyer Springs Road. The overall development consists of two lots. Lot 1 contains a single building housing a restaurant, grocery store and bakery which cater primarily to the area’s Hispanic community. Lot 2 contains a 7,412± square foot commercial building, a one-story residential structure and an open, shed building that is a vestige of the site’s prior occupancy by a lumber yard. The commercial building on Lot 2 is currently occupied by a tortilleria and storage space. The applicant proposes to utilize approximately 2,000 square feet of this building for the retail clothing and accessory business. The business will operate Monday through Saturday, 10:00 a.m. to 7:00 p.m. Signage will consist of a wall sign on the front (west) façade of the building and space on the existing ground sign near Geyer Springs Road. Existing parking is located in front of and beside the building. Additional area is available for development as parking behind the building if the need arises. Staff is supportive of the request. To staff’s knowledge there are no outstanding issues. The property is located within an area of mixed commercial uses and zoning. The proposed clothing store is compatible with uses and zoning in the area. There is no bill of assurance issue. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. PLANNING COMMISSION ACTION: (JULY 10, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices and the item needed to be deferred. There was no further discussion. August 21, 2008 ITEM NO.: B (Cont.) FILE NO.: Z-8365 4 The item was placed on the consent agenda and approved for deferral to the August 21, 2008 meeting. The vote was 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the comments and 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. The vote was 9 ayes, 0 noes and 2 absent. August 21, 2008 ITEM NO.: C FILE NO.: LA-0021 NAME: Glenn Ridge Crossing Land Alteration Variance Request LOCATION: South of Colonel Glenn Road and West of Interstate 430 along Colonel Glenn Plaza Loop. APPLICANT: Steve Hockersmith with PDC APPLICANT’S REPRESENTATIVE: The Holloway Firm, Inc. AREA: 53 +/- acres CURRENT ZONING: C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance clear and grade with construction not being imminent. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance clear and grade portions of Glenn’s Ridge Crossing with construction not being imminent. The 53 acre property is located South of Colonel Glenn Road and West of Interstate 430 along Colonel Glenn Plaza Loop. The lot that has imminent construction has low lying areas that need to be filled. There are two excavation areas, adjacent to the developing area, that are proposed to be cut down and use that material to fill in a low lying area where construction is imminent. This excavation material will also be used for the construction of the remaining portions of Colonel Glenn Plaza Loop which is a condition of the developing property. B. EXISTING CONDITIONS: This approximately 53 acre C3 zoned property is hilly tract land partially developed and partially covered in trees. Developed C4 zoned property is located on the north which consists of the Rave Theatre and several car lots. Playtime Pizza is located adjacent to the grading areas. On the south, the property is tree covered partially developed land zoned R2. J.A. Fair high school is located to the west with R2 zoning. Interstate 430 is located to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any phone calls or letters asking questions or requesting additional information. August 21, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0021 2 D. ENGINEERING COMMENTS: 1. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 2. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Publioc Works Traffic Engineering at 621 S. broadway, 379-1805 (Travis Herbner) for more information. 3. All slopes must be 3:1 (H:V) or less unless there are rock outcroppings that prevent such grading and approved by Public Works. Contact Nathan Charles at 918-5348 for approval. 4. Tracking of mud and dirt onto City streets is not permissible on city streets. A tracking pad must be installed per Little Rock Code Sec. 29-190 (12). 5. Erosion controls must be installed and maintained to reduce discharge of polluted stormwater. 6. Per Little Rock Code Sec. 29-190(14), a perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be kept undisturbed except for reasonable access for maintenance. The width of the strip shall be 6% of the lot width and depth. The minimum width shall be twenty-five (25) feet and the maximum shall be forty (40) feet. 7. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 8. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. 9. Provide schedule of construction including clearing, grading, and seeding of the lots without imminent construction. 10. Due to the downstream drainage capacity, storm water detention ordinance applies to these properties. Show the proposed location for stormwater detention facilities on the plan. Temporary detention ponds should be installed on property without imminent construction. 11. The zoning map shows a zoned Open Space buffer on the south and west of the proposed excavation area 2. August 21, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0021 3 E. SUBDIVISION COMMITTEE COMMENTS: (June 12, 2008) The applicant was present. Staff stated the comments as written above. The applicant’s representatives, Eric Holloway with the Holloway Firm, stated the clearing and grading will comply with Little Rock code, staff recommendations, and comments. F. ANALYSIS: The request is to excavate dirt from two areas without imminent construction and fill a low lying area within Colonel Glenn Plaza Loop that does have imminent construction. Proposed excavation area 1 is 4 acres of lot 3 and is located along the east side of Col. Glenn Plaza Loop, north east of Playtime Pizza, and west of Interstate 430. Approximately 26,000 CY of net excavation material is proposed from this area. A 50’ buffer will be maintained along the east side of this site. Proposed excavation area 2 is located within portions of Lots 5, 9, and 10. Approximately half of this area will be cleared and approximately 77,000 CY of net excavation material is proposed from this site. This area is located on the south west portion of Glenn Ridge Crossing. The southern and western boundaries of this area will be maintained as zoned open space land. The proposed fill area is 12.74 acres and is shown to have approximately 44,000 CY of fill for this site. This site is located within Colonel Glenn Plaza Loop which is lot 6 and 7. Lot 6 has imminent construction. Lot 7 has prior approval from the May 8th, 2008 planning commission to advance grade the site with construction not being imminent. The excess excavation material will be used to build up the un-built portion of Colonel Glenn Plaza Loop to proper grade. G. STAFF RECOMMENDATION: The applicant has agreed to comply with the Public Works comments. Staff does support the clearing as described without imminent construction. This variance approval will be an important piece of the development of the site with minimum future dirt work. The lot with imminent construction is a low lying area that needs to be built up in order for the property to develop. There is excess fill material available in the surrounding lots that will need to be excavated in order for those properties to develop. Staff believes that this is an acceptable exception to the Land Alteration Regulations since dirt quantities will be balanced on site and no haul off will occur. The dirt balancing is needed in order to allow the sites to be developed without dirt needing to be hauled in or off in future developments. Staff believes the lots without imminent construction will be built in the near future based on surrounding development. A condition of the development of lot 6, which has imminent construction, is to finish the road construction of Colonel Glenn Plaza Loop. This road needs to be built up so some of the fill material from the excavation areas will be used for the construction of this road. Excavation cannot begin within areas 1 and 2 which do not have imminent construction until construction begins on Lot 6 and/or Colonel Glenn Plaza Loop. August 21, 2008 ITEM NO.: C (Cont.) FILE NO.: LA-0021 4 PLANNING COMMISSION ACTION: (JULY 10, 2008) A letter was received from the applicant dated July 10, 2008 requesting the item be deferred to the August 21, 2008 Planning Commission Agenda. The item was placed on consent deferral and approved by a vote of 8 ayes, 0 noes, and 3 absent. STAFF UPDATE: With construction no longer imminent on lot 6, staff received a letter dated August 19, 2008 where the applicant amended the variance request agreeing to not commence grading and land alteration activities in areas 1 and 2 and lot 7 of Glenn Ridge Crossing until construction begins on lot 6. After review, staff recommends approval of the revised land alteration variance including all staff recommendations and comments subject to grading not commencing in areas 1 and 2 and lot 7 until a grading permit is issued for grading and land alteration activities on lot 6 of Glenn Ridge Crossing. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the consent agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. August 21, 2008 ITEM NO.: 1 FILE NO.: Z-8376 NAME: Munson Day Care Family Home – Special Use Permit LOCATION: 5616 Evergreen Drive OWNER: Tim Laughlin APPLICANT: Rebecca Munson PROPOSAL: A Special Use Permit is requested to allow a Day Care Family Home (preschool) to be operated in the single-family residence located on the R-2 zoned property at 5616 Evergreen Drive. 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 Hillcrest and Prospect Terrace Neighborhood Associations were notified of the public hearing. B. Public Works Issues: No Comments. C. Staff Analysis: 5616 Evergreen Drive is located on the north side of Evergreen Drive, between N. Fillmore and N. Taylor Streets. The properties to the north, east and west are zoned R-2 and contain single-family residences. The Forest Heights Middle School campus is located to the southwest, with a multifamily development approximately 150 feet to the west. The applicant’s home is a one-story brick and frame structure, and is typical of those in the area. The applicant notes that a small area of the rear yard will be fenced for a play area. The applicant proposes to operate the day care family home (preschool) from 7:30 a.m. to 5:30 p.m., Monday through Friday. The applicant has noted that she may have one (1) employee if she has more than five (5) children. There is a two-car wide driveway from the alley along the east property line, with parking for four (4) vehicles. Staff believes this parking will be adequate to serve the day care family home. On inspection of the property, staff observed no vehicles parked on unpaved areas and no non-operational vehicles. August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 2 There is currently no day care use taking place on the property. The applicant is in the process of being licensed by the State for up to ten (10) children. The principal use of the property will remain single family residential. No signage beyond that allowed in single-family zones will be permitted. The applicant submitted a copy of the Bill of Assurance for this neighborhood, which was recorded in 1904 and is not legible. It likely contains no use issues. Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the site and location criteria for day care family homes as follows: Day care family home: a. This use may be located only in a single family home, occupied by the care giver and which is the full time residence of the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises. c. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. f. After the effective date of this subsection, no Special Use Permit will be approved for a day care family proposed to be located within 300 feet of a licensed day care center or an operating day care family home for which a Special Use Permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. g. All day care family homes located in the City of Little Rock are required to obtain a City of Little Rock business license and to pay an annual business tax as specified in Chapter 17. of the Code. h. A copy of the day care family home’s current State of Arkansas license must be submitted to the City Collector’s Office each year at the time of payment of the annual business tax. August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 3 i. All vehicles must be parked on an on-site paved surface. j. All vehicles located on the site must be operational. k. All pick-up and drop-off of children shall be on the property’s driveway and not on the public right-of-way unless otherwise approved by the Planning Commission. l. Special Use Permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and Planning Commission approval. m. The Fire Marshall must approve use of the residence for the proposed day care family home. Special Use Permits are not transferable in any manner. Permits cannot be transferred from owner to owner, location to location or use to use. To staff’s knowledge, there are no outstanding issue associated with this application. Staff feels that the proposed day care family home at this location will have no adverse impact on the general area. Based on information provided by the State, there are no permitted/licensed day care family homes or day care centers within 300 feet of the site. D. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) Rebecca Munson was present, representing the application. Staff presented the item within a brief description of the proposed day care use. In response to questions posed by staff, Ms. Munson noted that she was in the process of becoming licensed by the State, and would possibly have one (1) employee if she kept six (6) or more children. Ms. Munson noted that an area of the rear yard would be fenced for a play area, and that there would be no play area in the front yard. She noted that the accessory building in the rear yard would not be used in conjunction with the day care family home. Drop-off and pick-up of children was briefly discussed. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a day care family home at 5616 Evergreen Drive, subject to the following conditions: August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 4 1. Compliance with the site and location criteria established in Section 36-54(e)(3). 2. There is to be no signage beyond that permitted in single family zones. 3. Outdoor activities, including playground use, are to be limited to day-light hours. 4. No portion of the front yard area shall be used as a play area. 5. The accessory building in the rear yard shall not be used in conjunction with the day care family home. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Rebecca Munson was present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Rebecca Munson addressed the Commission in support of the application. She gave a brief background of her experience in childcare. She noted that she had talked to several of the neighbors regarding the application. She explained that the parents of most of the children she cares for work in the area. Bill Gregg addressed the Commission in opposition. He expressed concern with traffic in the area and access to the property. He noted that the day care use was a business and shouldn’t be allowed. Paul Jay Enderlin also spoke in opposition. He explained where he lived in relation to the subject property. He noted that he did not want the day care use in the neighborhood. Louise Logue also spoke in opposition. She expressed concern with traffic and the condition of Evergreen Drive and the alley. Leigh Brunner also spoke in opposition. She explained that she recently purchased her house and would not have done so if the day care use were present on the subject property. William O’Donnell also spoke in opposition. His main opposition was the effect of the day care use on property values. He briefly discussed this issue. Ruth Bell addressed the Commission in support of the application. She explained that the League of Women Voters supported day care uses that operate within the guidelines of the City and State. August 21, 2008 ITEM NO: 1 (Cont.) FILE NO.: Z-8376 5 Ms. Munson presented a PowerPoint presentation to the Commission, which included photos of the property, surrounding properties and streets. She explained that parents of the children work in the area and will be in the area regardless of whether they bring their children to her home. She reviewed the photos with the Commission. Commissioner Laha noted opposition to the application. Mike Hood, of Public Works, addressed the Commission regarding street issues. He explained that changes had been made in the area, including speed bumps and sidewalks. He explained that there was adequate site-distance to pull out of the alley onto Evergreen Drive. He anticipated the day care use would generate 20 vehicle trips per day. He explained that Evergreen Drive was a collector street with a current traffic count of 3,800 vehicles per day, and noted the street was built to carry 5,000 vehicles per day. Commissioner Rector explained his experience with a day care use in his neighborhood and noted that he was not opposed to the proposed day care family home. Commissioner Meyer commented on operating a business from a home. He noted he was opposed to the application. Commissioner Hargraves explained that he lived in the neighborhood and noted that he supported the day care family home, as it complied with ordinance standards. He explained that the proposed day care use appeared to be a quality operation. He commented on traffic in the area. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 6 ayes, 4 nays and 1 absent. August 21, 2008 ITEM NO.: 2 FILE NO.: G-23-401 Name: N. Pulaski Street – Right-of-Way Abandonment Location: Between West Markham and Garland Streets Adjacent Owners/Applicant: Vertical Development LLC and John H. Bale, Jr./Matt Bell Request: To abandon the one (1) block section of the 60-foot wide N. Pulaski Street right-of-way located between West Markham and Garland Streets. Purpose: Driveway and parking for the adjacent development to the west. STAFF NOTE: Vertical Development LLC, adjacent property owner, is requesting to abandon the one (1) block portion of N. Pulaski Street, between West Markham Street and Garland Street. The width of the right-of-way is 60 feet, with a length of 300 feet. This is an area of 18,000 square feet or 0.413 acre. The abandonment is proposed to allow future use of the area of right-of- way as a driveway and parking to serve the “Vertical Lofts” condominium development, which is being constructed immediately to the west. STAFF REVIEW : A. Public Need for this Right-of-Way: As noted in paragraph G., none of the public utility companies object to the abandonment request. Several of the utilities request all or part of the area of abandonment be retained as easement. The Public Works Comments are as follows: 1. Drainage easements should be maintained in the right-of-way to convey storm water from adjacent property. B. Master Street Plan: There are no Master Street Plan issues, as the right-of-way proposed for abandonment is not classified as a Collector Street or higher. C. Characteristics of Right-of-Way Terrain: The one (1) block section of N. Pulaski Street is currently paved with approximately 18 feet of pavement and no curb and gutter. The street slopes upward from Garland Street to the south. The street dead-ends into the West Markham Street right-of-way, August 21, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-401 2 with no connection to West Markham Street. The south end of Pulaski Street is approximately ten (10) feet higher than the grade of West Markham Street. D. Development Potential: After abandonment, the area of right-of-way will be used as a private driveway and parking for the “Vertical Lofts” condominium development which is being constructed to the west. The development was approved by the Capitol Zoning District Commission in July 2007. E. Neighborhood and Land Use Effect: The Vertical Lofts development is currently under construction along the west side of the right-of-way. The Bale Chevrolet Body Shop and a warehouse-type building are located within the block to the east. There is a mixture of other office and commercial uses in the general area. F. Neighborhood Position: The Downtown Neighborhood Association was notified of the abandonment request. As of this writing, staff knows of no objectors to the abandonment request. G. Effect on Public Services or Utilities: Wastewater: No objection to abandonment. No easement required. Entergy: No objection to abandonment. Retain east fifteen (15) feet of right-of-way as an easement. Centerpoint Energy: No objection to abandonment. Retain easement of five (5) feet on each side of existing natural gas facilities. AT&T (SBC): No objection to abandonment. Retain twenty (20) foot easement along east side of right-of-way area. Water: Central Arkansas Water has no objection to the closure of this right-of-way, as described. However, CAW has existing water facilities located within this area and requires that the right-of-way be retained as a utility easement. H. Reversionary Rights: According to an abstract company, no reversionary rights were found filed of record in the Records of Pulaski County, Arkansas. After abandonment, the area of right-of-way will be divided equally between the adjacent property owners to the east and west. August 21, 2008 ITEM NO.: 2 (Cont.) FILE NO.: G-23-401 3 I. Public Welfare and Safety Issues: Abandoning this one (1) block section of N. Pulaski Street will have no adverse impact on the public welfare and safety. The Little Rock Fire Department has reviewed and approved the abandonment request. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) Matt Bell was present, representing the application. Staff briefly described the proposed right-of-way abandonment. Staff noted that the applicant had provided all necessary documentation for the application. The Vertical Lofts development was briefly discussed. Staff noted that the area of right-of-way would be retained as an easement. After the discussion, the Committee forwarded the application to the full Commission for resolution. STAFF RECOMMENDATION: Staff recommends approval of the requested right-of-way abandonment, subject to retaining the entire area of right-of-way as a utility and drainage easement. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. August 21, 2008 ITEM NO.: 3 FILE NO.: LU08-20-02 Name: Land Use Plan Amendment - Pinnacle Planning District Location: The present terminus of Valley Ranch Drive, west of Patrick Country Road Request: Low Density Residential to Multi Family Source: Mr. Ed Willis, FC Grass Farms Partnership PROPOSAL / REQUEST: Land Use Plan amendment in the Pinnacle Planning District from Low Density Residential to Multi Family. Multi Family accommodates residential development of ten to thirty-six dwelling units per acre. Staff is not expanding the application since the land Use Plan in this area was reviewed approximately seven months ago. EXISTING LAND USE AND ZONING: The property is currently zoned R-2 Single Family and is 40 acres ± in size. The R-2 Single Family District extends both north, east and west of this amendment area and is largely undeveloped and wooded. Immediately south of the amendment area is zoned O-3 General Office District and has a medical office and vacant land. Southeast of this area is zoned MF-18 for a multi family development and Planned Development Residential for a partially developed attached single family development. Further south, along Cantrell, is zoned for six different Planned Commercial Developments for a liquor store, an auto shop, and a few offices. Some of the frontage on Cantrell is still zoned R-2 Single Family and is occupied by single family residences. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: This area is shown as Low Density Residential on the Future Land Use Plan. Single Family extends north, west and east of this application site. As Valley Ranch Drive heads south, the plan changes from Single Family to Office and then to Business Node along Cantrell. The northwest corner of Patrick Country Road and Cantrell Road is shown as Public Institutional. The northwest corner of Valley Ranch and Cantrell is shown as Suburban Office. Business Node is shown on the plan along Cantrell Road between Valley Ranch Road and Patrick Country Road. August 21, 2008 ITEM NO.: 3 (Cont.) FILE NO.: LU08-20-02 2 Ordinance 19941 was passed on April 1, 2008. This amendment changed this current amendment area from Single Family to Low Density Residential and Office to accommodate the expansion of the existing office park. Ordinance 19292 on April 5, 2005 changed multiple areas in this region. South of Hwy 300 at Hwy 10 was changed from Public Institutional to Single Family and Low Density Residential. At the intersection of Highway 300 and Cantrell, an area was changed from Public Institutional, Neighborhood Commercial, and Single Family to Suburban Office under this ordinance. On Chenonceau, an area was changed from Mixed Office Commercial to Commercial. On Ranch Boulevard, one area was changed from Single Family to Public Institutional and another area was changed from Mixed Office Commercial to Commercial. The property at 5800 Ranch Drive was changed from Mixed Office Commercial to Office. At the northeast corner of Katillus and Cantrell an area was changed from Transition to Suburban Office. Further south on Katillus was changed from Transition to Single Family. All four corners at the intersection of Chenal and Cantrell were changed from Park/Open Space strips along the road to Commercial. South of Cantrell on Chenal was changed from Park/Open Space to Single Family. At the northeast corner of the intersection of Highway 300 and Cantrell a change was made from Single Family to Office. These amendments were part of a review of the Highway 10/Cantrell Corridor as requested by the Little Rock Board of Directors to better reflect the future development pattern along Highway 10. Ordinance 19053 on February 17, 2004 at the intersection of Chenal and Cantrell and the surrounding areas made multiple changes. Most of the changes were to promote this intersection for future commercial uses. MASTER STREET PLAN: Valley Ranch Drive is shown as a Local Street on the Plan. 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. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: A Class II bikeway is shown along Cantrell Road according to the Master Street Plan bicycle section. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right of way may be required. August 21, 2008 ITEM NO.: 3 (Cont.) FILE NO.: LU08-20-02 3 PARKS: According to the Master Parks Plan, this area is not located within eight blocks of a city park or open space. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. ANALYSIS: This application is proposing to amend approximately 40 acres of Low Density Residential currently shown on the Future Land Use Plan to Multi Family. The application is located in west Little Rock at the present terminus of Valley Ranch Drive west of Patrick Country Road. Over the last few years, Valley Ranch Drive has been developing into an office park. This amendment area was just modified on the Future Land Use Plan in April 2008 to include more Office and this Low Density Residential. A change from Single Family to Low Density Residential and Office was approved by the Board of Directors on April 1, 2008. The same applicant is now applying for a rezoning from R-2 Single Family to MF-18 Multi Family District. North of the existing office park is still mostly vacant and undeveloped and is shown as Low Density Residential on the Future Land Use Plan. While there are several hundred acres of undeveloped Single Family shown on the Land Use Plan north of this area, there is not as much undeveloped Multi Family shown on the plan in this area. While the single family development market has been slowing, there has been a new upswing in demand for multi family developments. Traditionally, multi family developments are used as a sort of step down in intensity between single family developments and non residential developments. This was the original intent of the Low Density Residential section in this area. Multi Family, while more intense than Low Density Residential, could still act as this buffer for the future single family developments north of this area. Staff feels this amendment would be appropriate because the Multi Family could provide a buffer between the existing Office to the south and the Single Family to the north. The land immediately north of this application site is still zoned R-2 August 21, 2008 ITEM NO.: 3 (Cont.) FILE NO.: LU08-20-02 4 single family and shown as Single Family on the Future Land Use Plan. The proposed Multi Family area would protect future Single Family developments while providing other housing options besides just Single Family for this area. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Aberdeen Court and Maywood Manor. Staff has received no comments from area residents. STAFF RECOMMENDATIONS: Staff believes the change is appropriate. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Walter Malone of planning Staff reviewed the request and the surrounding use pattern. Staff believes that multi-family can provide the same transition of use as the Low Density Residential was intended to serve. There is continuing demand for multifamily and much of the areas proposed and zoned for that use to the east and some to the west have been developed. Commissioner Adcock asked is there had been any studies to see how much more need there was. Mr. Malone indicated he was not aware of any studies of that nature. There was discussion about that being a ‘market’ driven issue and that companies would do studies of their own to assure there was a need. Commissioner Yates asked what the intensity change was. Mr. Malone indicated approximately a dozen units per acre. For a complete minute record see item 3.1: Z-8301-A. The applicant presented some information. Mr. Gary Garrett representing the property owner to the west asked that the Commission not change the Land Use plan. He reminded the Commission the area had just be changed to Low Density Residential and asked that this not be changed. He reviewed the Staff anaylsis for that application (six months ago) and stated that nothing has changed in the last six months to justify a change. He asked that the Commission ‘stick’ with the Plan. There was additional discussion about the related zoning. Mr. Joe White, representing the applicant returned and indicated that the applicant was willing to modify the zoning request to MF-12 with a 100-foot buffer along the west. Mr. Malone was asked if this would require a Plan amendment. He indicated that Staff does not usually require a Plan change from Low Density Residential for an MF-12 zoning request. With this the applicant requested the Land Use Plan Amendment be withdrawn. By a vote of 10 for 0 against the item was approved for withdrawal. August 21, 2008 ITEM NO.: 3.1 FILE NO.: Z-8301-A Owner: FC Grass Farms Limited Partnership Applicant: Ed Willis Location: West side of Patrick Country Road, approximately 0.44 mile north of Cantrell Road Area: 39.9 Acres Request: Rezone from R-2 to MF-18 Purpose: Future multifamily development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North – Undeveloped property; zoned R-2 South – Undeveloped property; zoned O-3 East – Undeveloped property (across Patrick Country Road); zoned R-2 West – Undeveloped property and single-family residence; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Patrick Country Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. This dedication should along the eastern property line. 2. Due to the proposed use of the property, the Master Street Plan specifies that Valley Ranch Drive Street for the frontage of this property must meet commercial street standards. Dedicate right-of- way to 30 feet from centerline. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Aberdeen Court Property Owners Association were notified of the public hearing. August 21, 2008 ITEM NO: 3.1 (Cont.) FILE NO.: Z-8301-A 2 D. LAND USE ELEMENT: This request is located in the Pinnacle Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a rezoning from R-2 to MF-18. A Land Use Plan Amendment is a separate item on this agenda (LU08- 20-02). Master Street Plan: Valley Ranch Drive is shown as a Local Street on the Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site and might require street improvements even if there is no entrance or exit. Bicycle Plan: A Class II bikeway is shown along Cantrell Road according to the Master Street Plan bicycle section. A Class II bikeway is located on the street as either a 5’ shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: FC Grass Farms Limited Partnership, owner of the 39.9 acre property located along the west side of Patrick Country Road (approximately 0.44 mile north of Cantrell Road), is requesting to rezone the property from “R-2” Single Family District to “MF-18” Multifamily District. The rezoning is proposed to allow future multifamily development of the property (up to 18 residential units per gross acre). The property is currently undeveloped and wooded, and is located at the north end of Patrick Country Road. The property has varying degrees of slope. August 21, 2008 ITEM NO: 3.1 (Cont.) FILE NO.: Z-8301-A 3 The 39.9-acre property is surrounded almost entirely by undeveloped property. Undeveloped R-2 zoned property is located to the north, east and west. There is a large single-family residence to the southwest. Undeveloped O-3 zoned property is located immediately south, with office uses further south along Valley Ranch Drive, which will extend along the south boundary of this property in the future. There is an existing multifamily development, also zoned MF-18, to the southeast along the east side of Patrick Country Road. The City’s Future Land Use Plan designates this property as Low Density Residential. A Land Use Plan Amendment application for a change to Multifamily is a separate item on this agenda. Staff is supportive of the requested rezoning to MF-18 and Land Use Plan Amendment to Multifamily. Staff views the request as reasonable. The property is located along the west side of Patrick Country Road, which is classified as a collector street by the City’s Master Street Plan. The ordinance requires that MF-18 zoning be located along a collector or arterial street. Staff feels that a medium-density residential development of this property will be appropriate to serve as a transition from the O-3 Office zoning immediately to the south and the R-2 Single Family zoning to the north. Staff believes future MF-18 development of this property will have no adverse impact on the adjacent properties or the general area. Future development of this property will likely consist of multiple buildings. This will require site plan review and approval by the Planning Commission. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF-18 rezoning. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Joe White was present, representing the application. There was one (1) objector present. Staff presented the item with a recommendation of approval. Joe White addressed the Commission in support of the application. He explained that there was a demand for multifamily property in the area. Gary Garrett addressed the Commission in opposition. He noted that he represented the property owner immediately to the west. He explained that the land use designation of this property was recently changed to Low Density Residential (LDR), and expressed comments made at the time of the change. He discussed the abutting streets to the subject property. He discussed possible conditions to be placed on the rezoning. August 21, 2008 ITEM NO: 3.1 (Cont.) FILE NO.: Z-8301-A 4 Mr. White noted that Valley Ranch Drive was constructed as a collector street. He also noted that a future site plan review could address buffering between this property and the property to west. He asked if MF-12 zoning fit within the LDR land use plan designation. Walter Malone, Planning Staff, explained that MF-12 zoning would be considered Low Density Residential and the Land Use Plan would not have to be changed. Mr. White noted that the property owners to the north and east were not opposed to the rezoning. Mr. White amended the application to be a rezoning to MF-12, with a 100-foot undisturbed buffer along the west property line. He requested to withdrew the Land Use Plan amendment. The Commission voted to withdraw the Land Use Plan amendment. The issue of the buffer was discussed. Staff noted that the buffer would be an undisturbed buffer. Mr. White noted that it would be an undisturbed buffer. Mr. Garnett noted that he was still opposed. There was a motion to approve the application, as revised. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The revised application was approved. August 21, 2008 ITEM NO.: 4 FILE NO.: Z-8375 Owner: Carl Grahn Applicant: Ricky Null Location: 3720 Baseline Road (northeast corner of Baseline Road and Community Road) Area: 0.50 Acre Request: Rezone from R-2 to C-4 Purpose: Auto repair shop Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North – Single-family residences; zoned R-2 South – Elementary school and single-family residence (across Baseline Road); zoned R-2 East – Undeveloped property; zoned C-4 West – Single-family residence (across Community Road); zoned O-3 A. PUBLIC WORKS COMMENTS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. The centerline of the right-of-way of Baseline Road is not shown on the survey. Provide the distance from centerline to the property line as determined by a survey. 2. Due to the proposed use of the property, the Master Street Plan specifies that Community Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. The centerline of the right-of-way of Community Road is not shown on the survey. Provide the distance from centerline to the property line as determined by a survey. 3. A 20-foot radial dedication of right-of-way is required at the intersection of Baseline Road and Community Road. August 21, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8375 2 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #15 (65th Street 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 and Upper Baseline Neighborhood Associations were notified of the public hearing. The Upper Baseline Neighborhood Association has expressed support of the rezoning request. D. LAND USE ELEMENT: This request is located in the Geyer Springs Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from R-2 to C-4. The request does not require a change to the Land Use Plan. Master Street Plan: Baseline Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Baseline since it is a Principal Arterial. Community Road 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site and might require street improvements even if there is not entrance or exit. Bicycle Plan: There are no bike routes in this vicinity. Neighborhood Action Plan: This area is covered by the Upper Baseline Neighborhood Action Plan. One of the action statements under the infrastructure Goal is: “Widen Community Road (26 ft.) and install curb and gutter.” August 21, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8375 3 E. STAFF ANALYSIS: Carl Grahn, owner of the 0.50-acre property located at 3720 Baseline Road, is requesting to rezone the property “R-2” Single Family District to “C-4” Open Display District. The property is located at the northeast corner of Baseline Road and Community Road. The rezoning is proposed to allow use of the existing commercial building for auto repair. The one-story commercial building is located within the south half of the property. It was previously used as a service station and auto repair garage. There is paved parking on the south side of the building, between the building and Baseline Road. The property is fenced within a six (6) foot high chain-link fence. There are existing driveways from Baseline and Community Roads. There is also a billboard at the southeast corner of the property. The rear (north) portion of the property is undeveloped and covered with grass and gravel. The general area contains a mixture of zoning and uses. There are single-family homes to the north and west. Undeveloped C-4 zoned property is located immediately east, with mixed commercial uses further east and southeast. The Baseline Elementary School and a single family home are located across Baseline Road to the south. There are also multifamily uses and mobile home parks in the area. The City’s Future Land Use Plan designates this property as Commercial. The requested C-4 zoning does not require an amendment to the Land Use Plan. Staff is supportive of the requested C-4 rezoning. Staff views the request as reasonable. There is an existing commercial building on the property which has a history of use as a service station and auto repair garage. The applicant is proposing to re-establish the auto repair use. There is a mixture of commercial uses in this area, with the property immediately to the east being currently zoned C-4. Staff feels the proposed C-4 zoning of the property and auto repair use will be compatible with the general area. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-4 rezoning. August 21, 2008 ITEM NO: 4 (Cont.) FILE NO.: Z-8375 4 PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval, as recommended by staff. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. August 21, 2008 ITEM NO.: 5 FILE NO.: Z-1703-A NAME: Gary’s Plaza – Conditional Use Permit LOCATION: 3224 Mabelvale Pike OWNER/APPLICANT: JP Mortgage and Investments/Gary Shorter PROPOSAL: A conditional use permit is requested to allow retail sales and a special event center in the existing building on this I-2 and C-4 zoned property. 1. SITE LOCATION: The property is located on the northwest corner of Mabelvale Pike and West 33rd Street, one block south of Asher Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed residential, commercial and industrial uses. Several auto service type businesses are located along Asher Avenue to the north. A hotel is located across Mabelvale Pike to the east. A plumbing supply company and a recently approved church are located to the southeast. Single-family residences are located to the west and southwest. A small commercial center containing a variety of uses is located to the south. Although the use may be compatible with the uses in the area, staff has concerns with the impact of the proposed special event center on nearby properties due to the limited parking available on site. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the South of Asher and Curran Conway Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has a driveway onto Mabelvale Pike and a loading area driveway onto West 33rd Street. The property contains 7 paved parking spaces. A gravel parking area is adjacent to the north. As many as 24 parking spaces could possibly be constructed in that area. The use requires 43 parking spaces based on 1/300 square feet for the retail sales area and 1/100 square feet for the special event center. August 21, 2008 ITEM NO.: 5 (Cont.) FILE NO.: Z-1703-A 2 4. SCREENING AND BUFFERS: Site Plan must comply with the City’s landscape and buffer ordinance requirements. Additional landscaping will be required in conjunction with any new parking areas located on the site. Depending upon rehabilitation costs associated with this project the parking lot and property may have to be brought into full compliancy with the City’s landscaping and buffer minimal ordinance requirements. 5. PUBLIC WORKS COMMENTS: 1. Mabelvale Pike 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. Due to the proposed use of the property, the Master Street Plan specifies that West 33rd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline. The centerline of West 33rd Street is not shown on the survey. Provide the distance from centerline to the property line as determined by a survey. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire sprinklers may be required. County Planning: No comment received. CATA: The site is not located on a CATA bus route. August 21, 2008 ITEM NO.: 5 (Cont.) FILE NO.: Z-1703-A 3 SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant was present. Staff presented the item and noted additional information was needed on days and hours of operation, signage, dumpster location and parking. Public Works and Landscape Comments were noted. The applicant was advised to respond to staff issues by August 6, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The I-2 zoned property located at 3224 Mabelvale Pike is occupied by a 4,500 square foot, one-story metal building and a 7-space paved parking lot. The I-2 portion of the property consists of the south 70 feet of Lots 10, 11 and 12, Block 1, Ruebel and Leymer Addition. The north 68 feet of the lots is zoned C-4 and is gravel-covered. The applicant is proposing to utilize the building for retail sales and a special event center. The retail sales will consist of items such as new and used clothing, furniture, antiques or tobacco products. The special event center will occupy approximately 4,000 square feet of the building and will be made available for rent for events such as weddings, receptions, anniversaries, birthday parties, baby showers, business meetings, conferences and church functions. Hours of operation for the retail sales are Monday through Saturday, 11:00 a.m. – 6:00 p.m. Hours for the special event center are 7 days a week, 8:00 p.m. – 1:00 a.m. Signage consists of an existing ground sign and wall signage on the east and south facades. No dumpster is indicated. The applicant states the Fire Marshall has set an occupancy limit of 85 persons for the special event center. Although the use appears to be compatible with most uses in the area, staff is not able to support the application. It is apparent there is not enough parking available to meet the requirements of the Ordinance for the special event center. This use alone requires 40 parking spaces. There are 7 spaces on the site where the building is located and the possibility of constructing 24 more on the gravel area north of the building. When this building was constructed in 1968 for an auto parts store, the 7 paved spaces were constructed. The gravel area north of the store was not developed in conjunction with the store. Although the gravel area could be developed for 24± more spaces, it is still less than required for the August 21, 2008 ITEM NO.: 5 (Cont.) FILE NO.: Z-1703-A 4 use. Staff is concerned that the result could be that vehicles are forced to park on the area streets, including in front of the residential properties to the west. STAFF RECOMMENDATION: Staff recommends denial of the C.U.P. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that on August 15, 2008 the applicant had requested deferral of the item to the October 2, 2008 meeting to allow him time to address staff concerns. There was no further discussion. The item was placed on the consent agenda and deferred to the October 2, 2008 meeting by a vote of 9 ayes, 0 noes and 2 absent. August 21, 2008 ITEM NO.: 6 FILE NO.: Z-6908-A NAME: Ramos Tire Shop – Conditional Use Permit LOCATION: 4818 Baseline Road OWNER/APPLICANT: Andres Ramos PROPOSAL: A conditional use permit is requested to allow a tire shop on this C-3 zoned site. 1. SITE LOCATION: The property is located on the north side of Baseline Road, between Doyle Springs Road and Stanton Road. 2. COMPATIBILITY WITH NEIGHBORHOOD: The site is located in an area of mixed zoning and uses. A C-3 zoned strip center is adjacent to the west. Undeveloped, C-3 zoned property is adjacent to the north. A C-1 zoned beauty salon and a C-4 zoned tract containing a vacant building are adjacent to the east. The C-3 and R-2 zoned properties across Baseline contain residences and a church ministry. An auto repair shop and a convenience store are located to the west. Three different mini-warehouse developments are located within the two-block area to the east. Staff believes the use is compatible with uses in the area, which include the mini-warehouses, C-4 zoned property and a convenience store with gas pumps. 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 Upper Baseline Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: A 2,400 square foot tire shop requires 14 on-site parking spaces. The plan shows a possible expansion, requiring an additional 9 spaces. The site currently has a paved driveway from Baseline Road to the building. An area of gravel parking is located in front of the building. There is sufficient space to construct the required parking. The applicant is requesting a 6-month deferral of the requirement to pave and landscape the parking lot. Staff is supportive of the deferral request. August 21, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-6908-A 2 4. SCREENING AND BUFFERS: Site Plan must comply with the City’s landscape and buffer ordinance requirements. Additional landscaping will be required in conjunction with any new parking areas located on the site. Depending upon rehabilitation costs associated with this project, the parking lot and property may have to be brought into full compliancy with the City’s landscaping and buffer minimal ordinance requirements. Street trees are recommended. 5. PUBLIC WORKS COMMENTS: 1. Baseline Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to fifty-five (55) feet from centerline will be required. The centerline of the right-of-way is not located on the survey. A surveyor should determine the distance of the centerline of the right-of-way in relation to the property line. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). 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 a water main extension will be needed and they will be installed at the Developer’s expense. Fire Department: Fire hydrant may be required. County Planning: No comment received. August 21, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-6908-A 3 CATA: This site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant was present. Staff presented the item and noted there was little additional information needed. Staff asked the applicant to provide days and hours of operation, a signage plan and to locate the dumpster. Staff noted that the vehicular use area would need to be paved and landscaped to comply with code. Staff also noted that all work must take place within the building and no storage of tires, wheels, merchandise or equipment would be permitted outside the building. Public Works staff noted the right-of-way requirement for Baseline Road. The applicant was advised to respond to staff issues by August 6. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned, .96-acre tract located at 4818 Baseline Road is occupied by a 2,400 square foot metal building and a gravel parking lot. The applicant is requesting approval of a conditional use permit to allow use of the existing building for a tire shop. A possible building expansion of 2,400 square feet is also noted on the plan although it is not proposed at this time. The building has garage doors on the front and rear facades. A paved driveway extends from Baseline Road to the building. Proposed hours of operation are from 10:00 .am. – 8:00 p.m., 7 days a week. Signage will consist of wall signage on the front wall of the building and a single ground sign on the Baseline Road frontage. Signage will comply with that allowed in commercial zones. No dumpster is indicated on the plan. If a dumpster is installed, it must be screened as required by code. The applicant is requesting approval of a deferral to pave and landscape the parking lot. Staff is supportive of a 6-month deferral. Prior to paving the lot, the applicant must submit a plan to staff to assure that the parking lot and landscape design conform to code. To staff’s knowledge, there are no other issues. The proposed use is compatible with uses in the area, including several C-4 type uses. All work must take place within the enclosed building and no storage of tires, wheels, merchandise or equipment is to be permitted outside the building. There is no bill of assurance issue. August 21, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-6908-A 4 STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to allow a tire shop 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. Any dumpster placed on the site must be screened to comply with the code. 3. All work must take place within the enclosed building. No vehicular service is to occur outside the building. 4. No storage of tires, wheels, merchandise or equipment is permitted outside the building. 5. There is to be no sales of vehicles on the site. Staff recommends approval of a 6-month deferral of the requirement to pave and landscape the vehicular use area. Prior to paving and landscaping, the applicant must submit to staff a paving, parking design and landscape plan which complies with all applicable code standards. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant, Andres Ramos, was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the comments and conditions outlined in the “staff recommendation” above. Staff also recommended approval of a six-month deferral of the paving and landscaping requirements. Staff noted that a letter had been submitted by Pat Gee, Vice-president of SWLRUP, that contained several additional conditions that the organization wanted the Commission to consider for the site. Mr. Ramos addressed the Commission and stated he would agree to comply with any conditions. There was then a discussion between the Commission and Ms. Gee about the proposed additional conditions. Ms. Gee stated she had spoken with Mr. Ramos and she was sure he wants to be a good neighbor. She stated she was pleased to see a new business in the area. At the conclusion of the discussion of the various additional conditions proposed by SWLRUP, Ms. Gee stated she was withdrawing her request that the additional conditions be imposed. She stated August 21, 2008 ITEM NO.: 6 (Cont.) FILE NO.: Z-6908-A 5 she felt the neighborhood and Mr. Ramos would have a good working relationship and could work together to resolve any issues which might come up. A motion was made to approve the application as recommended by staff (subject to compliance with the comments and conditions outlined in the “staff recommendation” above). The vote was 8 ayes, 2 noes and 1 absent approving the application and paving deferral. August 21, 2008 ITEM NO.: 7 FILE NO.: Z-8164-A NAME: Korean Disciples Church Day Care Center – Conditional Use Permit LOCATION: 600 Kirby Road OWNER/APPLICANT: Korean Disciples Church PROPOSAL: A conditional use permit is requested to allow for the addition of a day care center to this existing, R-2 zoned church. 1. SITE LOCATION: The church is located at the southwest corner of Kirby Road and Sweet Bay Drive. 2. COMPATIBILITY WITH NEIGHBORHOOD: The proposed day care center is to be located within the existing church building and multipurpose facility. The number of children is between 8 and 10. The hours of operation are from 9:00 a.m. – 3:00 p.m. during the week. This small day care operation within an existing church facility located on a collector street 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 Parkway Place Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: An existing, 43-space parking lot is located on the south side of the property. Access is from driveways onto Kirby Road and Sweet Bay Drive. The day care center is proposed to have an enrollment of 10 children with 2 employees, requiring 3 parking spaces. The existing parking is adequate to serve the day care. 4. SCREENING AND BUFFERS: No comments on this use-only issue. August 21, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-8164-A 2 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Sweet Bay Drive and Kirby Drive. 2. Kirby Road 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 if not already existing or dedicated with construction of new multi-purpose facility. 3. Due to the proposed use of the property, the Master Street Plan specifies that Sweet Bay Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to thirty (30) feet from centerline if not already existing or dedicated for the new multi-purpose facility. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Central Arkansas Water objects to approval of this issue until the developer complies with Little Rock Fire Department’s directive to install an additional fire hydrant. This request was made in conjunction with this development’s Conditional Use Permit application in February of 2007. Fire Department: Fire sprinklers may be required. County Planning: No comment required. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) A representative of the church was present. Staff presented the item and noted there were few comments to discuss. August 21, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-8164-A 3 Public Works comments were noted. Central Arkansas Water’s comments were pointed out. The representative was advised to contact CAW to resolve the issue related to the fire hydrant. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The Korean Disciples Church is located on the R-2 zoned tract at 600 Kirby Road. The site contains a church building, a multipurpose facility and a 43-space parking lot. A C.U.P. to allow the multipurpose facility was approved by the Commission on February 15, 2007. The facility is under construction. The church is now requesting approval of a conditional use permit to allow a small day care center to be operated in the church. Three rooms within the existing church will be utilized for different activities. The outdoor activities will take place in the playground, which is located adjacent to the church building. Some activities will take place in the new multipurpose building once it is completed. Days and hours of operation are proposed as Monday through Friday, 9:00 a.m. – 3:00 p.m. The proposed enrollment is up to 10 children with 2 employees. Staff is supportive of this small day care operating in the existing church. There is sufficient parking and drop-off space. The day care should have no effect on nearby properties. The proposed use does not violate the bill of assurance for Tract 1, Parkway Place. Central Arkansas Water has raised the issue of the fire hydrant, which was required in conjunction with the multipurpose building. That building is still under construction and no Certificate of Occupancy will be issued until that requirement is satisfied. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda Staff Report. 2. There is to be no occupancy of the new multipurpose building until the Central Arkansas Water and Little Rock Fire Department conditions regarding a fire hydrant and sprinklers are resolved. August 21, 2008 ITEM NO.: 7 (Cont.) FILE NO.: Z-8164-A 4 PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the comments and 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. The vote was 9 ayes, 0 noes and 2 absent. August 21, 2008 ITEM NO.: 8 FILE NO.: Z-8362-A NAME: Robinson Day Care Center – Conditional Use Permit LOCATION: 1102 West 21st Street OWNER/APPLICANT: Wilma Robinson PROPOSAL: A conditional use permit is requested to allow a day care center to be operated in the downstairs unit of this R-4 zoned, two-story duplex. 1. SITE LOCATION: The property is located at the northwest corner of West 21st Street and S. Ringo Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an R-4 zoned neighborhood, which is populated, primarily by single family and two-family residences. The homes range in condition from very good to vacant and boarded. The applicant’s frame residence is typical of the homes in the area. Other uses in the broader area include a school on an O-3 zoned tract near Pulaski and Bussey, a closed non-conforming grocery store at the same intersection and a residence on a C-3 zoned tract at Cross and Bussey. The application is for a day care center, not a day care family home. Staff believes the proposed use is not appropriate for this area and would be better located at the edge of the neighborhood, on an arterial or collector street. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Wright Avenue, Central High and Downtown Neighborhood Associations were notified about this issue. 3. ON SITE DRIVES AND PARKING: A day care center with an enrollment of 10 children with 3 employees requires 4 on-site parking spaces. One space is required per employee and one drop-off space is required for every 10 children. The site has one, residential-type parking space located on the 21st Street side of the property. No additional parking is proposed. The existing parking space is better situated to serve the upstairs residential unit of the duplex. There is inadequate parking for the day care. August 21, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8362-A 2 4. SCREENING AND BUFFERS: Site Plan must comply with the City’s landscape and buffer ordinance requirements. A landscaped buffer will be required along the northern and western perimeters of the site next to the residentially zoned properties. A six-foot high opaque fence, good face side out will also required or approved evergreen vegetation. Landscaping will also be required in conjunction with any/all new parking areas. Street trees are recommended. 5. PUBLIC WORKS COMMENTS: 1. A twenty (20) foot radial dedication of right-of-way is required at the intersection of Ringo Street and West 21st Street. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Fire hydrant may be required. County Planning: No comment required. CATA: The site is not located on a CATA bus route. A route is located one block to the north, on Bussey Avenue. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant’s daughter, Kimberly Blanton, was present. Ms. Blanton is identified as the director of the day care. Staff presented the item and noted little August 21, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8362-A 3 additional information was needed. In response to questions from staff, the applicant stated there would be no signage and the maximum enrollment would be 10 children. Staff noted use of the playground should be limited to daylight hours and Fire Marshall approved would be required. Ms. Blanton stated she had received approval from the Fire Marshall’s office. Public Works and Landscape Comments were noted. Staff noted the lack of on-site parking. Ms. Blanton stated most of the children came from homes located within walking distance. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The R-4 zoned property located at 1102 West 21st Street is occupied by a two-story, frame, two-family residential structure. Due to the slope of the property, the structure has the appearance of a one-story structure from West 21st Street. The structure is a duplex with one upstairs and one downstairs unit. There is no connection between units. The entrance to the upper unit is on 21st Street. The lower unit’s entrance is at the rear of the structure. The property owner, Wilma Robinson, occupies the upper unit. The lower unit has been converted into a day care center. The property owner is the applicant. Her daughter is director of the day care. There is one other employee. The day care center is proposed to have an enrollment of 10 children. Days and hours of operation are 6:00 a.m. – 9:00 p.m., Monday through Friday. The rear yard is enclosed with a 4-foot chain link fence, providing playground area. No signage is proposed. There is no parking for the day care. There is one parking space located on the 21st Street frontage, where the entrance to the upstairs residence is located. The property is before the Commission in response to enforcement action. The applicant originally filed a S.U.P. application for a day care family home. Staff determined a S.U.P. was not appropriate since the entire downstairs unit of the duplex is used for the day care. Staff is not supportive of the proposed day care center. As opposed to a day care family home, where the principal use remains residential, this application proposes to utilize an entire unit of the duplex dwelling for the business. Staff believes day care centers are better located at the fringe of a neighborhood, on an arterial or collector street. Surrounding uses are all single family or two-family residential. Additionally, no on-site parking or drop-off area is available for the August 21, 2008 ITEM NO.: 8 (Cont.) FILE NO.: Z-8362-A 4 day care. The bill of assurance for Wright’s Addition does not address use issues. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant, Wilma Robinson, was present. There was one objector and one supporter present. Staff presented the item and a recommendation of denial. Ms. Robinson addressed the Commission and stated she was providing a service to low income families in the area. She stated there were parents in the neighborhood who did not want to leave their children with strangers at another day care center. She spoke of the benefits provided to children by her program. Ms. Robinson stated some families lived close enough to walk to the site and others could park in the parking space at the front of the house for drop off/pick up. Ms. Robinson stated there was also parking available on the street. Priscilla Robinson, of 2106 S. Ringo Street, spoke in support. She stated she had been a resident of the neighborhood for many years and she felt the day care had benefited the area. She stated parking was not a problem. Ruth Bell, of the League of Women Voters, addressed the Commission. She stated the League supported day care family homes in residential neighborhoods that complied with City and State regulations. Ms. Bell stated the League was not in support of this day care center that did not meet the City’s guidelines for a day care family home. Commissioner Rector commented that the use did not meet the City’s intent for day care family homes. Chairman Taylor asked if there were other day care centers or day care family homes in the area. Commissioner Nunnley responded that there were. A motion was made to approve the application subject to all staff comments and conditions, less the recommendation of denial. The motion failed with a vote of 0 ayes, 10 noes and 1 absent. August 21, 2008 ITEM NO.: 9 FILE NO.: Z-8374 NAME: Lewellen Multisectional Manufactured Home – Conditional Use Permit LOCATION: 17515 Colonel Glenn Road OWNER/APPLICANT: Scott and Assiah Lewellen PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned tract to replace an existing, single-wide mobile home. 1. SITE LOCATION: The site is located outside of the city limits, within the City’s extraterritorial jurisdiction. The property is located on the south side of Colonel Glenn Road, slightly east of Rocky Lane. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area containing a variety of housing types and uses. Numerous mobile homes and manufactured homes, both single wide and multisectional, are located in the area around this site. A PCD zoned convenience store is located across Colonel Glenn to the north. A PCD zoned vehicle service use is located to the west, across Rocky Lane. The applicants propose to remove a 1975 model single wide mobile home and to replace it with a new, multisectional home. The proposed use is compatible with uses in the area. All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. 3. ON SITE DRIVES AND PARKING: A single driveway off of Colonel Glenn Road provides access to the site. There is a circular driveway and sufficient parking located on the site. 4. SCREENING AND BUFFERS: No comments on this single family application. August 21, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8374 2 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Main extension will be required in order for service to be available from Alpine Circle. Fire Department: Fire hydrant may be required. Outside Little Rock city limits. Provide statement from local volunteer fire department indicating approval and ability to provide service. County Planning: Approved as submitted. CATA: The site is located on a CATA’s service area. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicants were present. Staff presented the item and noted little additional information was needed. The applicants were asked to label building setbacks on the plan and to provide a statement of approval from the area volunteer fire department. In response to a question from staff, the applicants stated the existing mobile home would be removed from the property within 15 days of electricity and water being hocked-up to the new home. The Committee determined there were no other issues and forwarded the item to the full Commission. August 21, 2008 ITEM NO.: 9 (Cont.) FILE NO.: Z-8374 3 STAFF ANALYSIS: The R-2 zoned, 1.35-acre tract located at 17515 Colonel Glenn Road is currently occupied by a 1975 model, 14’ X 56’, singlewide mobile home. The property is outside of the city limits, within the City’s extraterritorial jurisdiction. The property has a narrow, 380 ft.+ pipe stem to Colonel Glenn for access. The applicants are proposing to replace the older mobile home with a new, multisectional manufactured home. The proposed new home measures 32’ X 68’ and will have a pitched, shingled roof and vinyl siding. Decks will be installed on both the front and rear of the home. The existing mobile home will be removed from the site within 15 days of water and electricity being provided to the new home. Staff is supportive of the proposed multisectional manufactured home. It is compatible with homes in the area. Removal and replacement of the 1975 model mobile home will be positive for the area. The Crystal Volunteer Fire Department has provided a statement indicating no additional fire hydrant is required and approving the proposed new home’s placement on the site. The proposed setbacks will exceed those called for by the Ordinance for R-2 zoned properties. There is no bill of assurance for this acreage tract. To staff’s knowledge, there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the C.U.P. subject to compliance with the conditions noted in Section 6 of the Agenda Staff Report. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the comments and 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. The vote was 9 ayes, 0 noes and 2 absent. August 21, 2008 ITEM NO.: 10 FILE NO.: Z-8377 NAME: Tolliver Muffler and Tire Shop – Conditional Use Permit LOCATION: 8312 Geyer Springs Road OWNER/APPLICANT: Don Parks/John Tolliver PROPOSAL: A conditional use permit is requested to allow for use of the existing building on this C-3 zoned tract as a muffler and tire shop. 1. SITE LOCATION: The property is located on the west side of Geyer Springs Road, one lot south of West 83rd Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses, although none are zoned C-4 or have automobile type activities. A school is located adjacent to the north. A church and day care are adjacent to the west. To the east, the properties fronting onto Geyer Springs are zoned O-1 and O-3 and contain small office uses and a day care center. A day care center is located on O-3 zoned property to the south. Also to the south, a small commercial strip center is located on C-3 zoned property. Along this portion of Geyer Springs, from 83rd to Hinkson, the uses are primarily office and institutional in nature. The C-3 zoned strip center contains uses that are retail and enclosed. Staff feels the proposed muffler and tire shop, a C-4 type use, is not compatible with uses in the immediate vicinity. Notice 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 SWLR United for Progress, Cloverdale and Windamere Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site has two driveways onto Geyer Springs Road and two driveways onto the church property to the west. The property contains a large, paved parking lot with more than adequate parking to accommodate the use. The applicant proposes to gate the four entrances after hours to prohibit illicit use of the property by transient venders. August 21, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8377 2 4. SCREENING AND BUFFERS: Site Plan must comply with the City’s landscape and buffer ordinance requirements. Landscaping will be required in conjunction with any new parking area on the site. Depending upon rehabilitation costs associated with this project, the parking lot and property may have to be brought into full compliancy with the City’s landscaping and buffer minimal requirements. 5. PUBLIC WORKS COMMENTS: 1. No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or larger additional water meter(s) are required. Fire Department: Fire hydrant may be required. County Planning: No comment received. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant was present. Staff presented the item and noted additional information was needed regarding days and hours of operation, signage and dumpster location. The applicant was advised that all work must take place within the enclosed building and no storage/display of merchandise, parts, tires, etc…. would be permitted outside the building. August 21, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8377 3 Commissioner Laha commented that the site had become a gathering place for transient venders on weekends. Mr. Tolliver stated he would gate the driveways to prohibit access to the site after hours. The applicant was advised to provide a copy of the bill of assurance for the site and to respond to staff issues by August 6, 2008. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-3 zoned lot located at 8312 Geyer Springs Road is occupied by a one- story, brick and frame commercial building and a paved parking lot. The building was previously occupied by a restaurant. The applicant is proposing to remodel the building for a muffler and tire shop. Two overhead doors are proposed to be installed on the front (north) façade of the building. The applicant proposes to do exhaust work; including mufflers, tail pipes and catalytic converters. Installation of tires and wheels is also proposed. Days and hours of operation are proposed as Monday through Friday, 7:30 a.m. – 6:00 p.m.; Saturday, 7:30 a.m. – 2:00 p.m., and Sunday by appointment only. Signage is to conform to that allowed in commercial zones. The dumpster location is at the west end of the restaurant, where it has historically been located. The applicant proposes to gate the 4 driveway entrances after hours to prohibit illicit transient sales. The bill of assurance specifically permits business or commercial uses for the property. Although Geyer Springs Road is populated by a variety of uses, staff has concerns with placing this C-4 type, auto related use at this specific location. This two-block portion of Geyer Springs contains primarily office and institutional uses. Additionally, the uses adjacent to the north, west and south are a church, a school and a day care. The commercial uses in the immediate vicinity are enclosed retail uses. The small office uses located along the east perimeter of Geyer Springs include a day care, a tax office and insurance offices. Staff feels this proposed C-4 type use, with the noise and activity typically associated within such a use, is not appropriate for this site. STAFF RECOMMENDATION: Staff recommends denial of the C.U.P. August 21, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8377 4 PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were two objectors present. Two letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of denial. Staff noted that a letter had been submitted by Pat Gee, Vice-president of SWLRUP, that contained several additional conditions that the organization wanted the Commission to consider for the site, should the C.U.P. be approved. The applicant, John Tolliver, addressed the Commission. He stated he would work with neighbors to address any concerns they might have. He stated he had no complaints from neighbors near his shop in North Little Rock. Mr. Tolliver stated new tools and techniques used in the tire and muffler business had reduced the amount of noise created by such businesses. Mr. Tolliver stated he had chosen to locate at this site because he got a good deal on the site from a friend who owned it. He referred to the list of additional conditions from SWLRUP and stated he could not comply with all of the conditions and make the business work. Pat Gee, Vice-president of SWLRUP, addressed the Commission. She stated SWLRUP and the Cloverdale Neighborhood Association were opposed to the use. She stated the site was close to day care centers, a school and a church. Ms. Gee expressed concern that noise created by the muffler and tire shop would negatively impact those nearby uses. She also expressed concern about men “hanging out” around the shop. She referenced the list of additional conditions that her organization had submitted. Ruth Bell, of the League of Women Voter, spoke in opposition. She stated this area along Geyer Springs was populated by uses that were of lesser intensity and density. Stated the proposed muffler and tire shop was inappropriate for the area and asked the Commission to deny the application. Mr. Tolliver addressed the Commission and restated his contention that his was a quiet use that would not impact other uses in the area. He stated again that he had no complaints from neighbors near his current site in North Little Rock. Mr. Tolliver stated there would be some noise from customers trying out new performance mufflers. Commissioner Adcock asked Mr. Tolliver about his proposal to be open on Sundays by appointment. He responded that Sunday hours would be for valued customers. He stated he had not had a Sunday customer in the five years he had made the service available. Commissioner Adcock stated she wanted the Sunday hours eliminated and she did not like the Saturday hours either. August 21, 2008 ITEM NO.: 10 (Cont.) FILE NO.: Z-8377 5 In response to a question from Commissioner Yates, Dana Carney of the Planning staff explained staff’s reasoning for recommending denial of the item. He discussed the C-4 type nature of the use and its potential impact on the surrounding office and institutional uses. At Chairman Taylor’s suggestion, Mr. Tolliver went through the list from Ms. Gee, item by item, noting the items he could not agree with. He stated he was amending his application to remove the proposed Sunday hours and was agreeing to items 1,2,3,4,7,8,9 and 11 from the list provided by Ms. Gee of SWLRUP. A motion was made to approve the application as amended subject to all staff comments and conditions, less the recommendation of denial. The motion failed with a vote of 0 ayes, 10 noes and 1 absent. August 21, 2008 ITEM NO.: 11 FILE NO.: Z-8378 NAME: Carter Pawn Shop – Conditional Use Permit LOCATION: 13200 I-30 OWNER/APPLICANT: W. A. Jones/Edward Carter PROPOSAL: A conditional use permit is requested to allow use of this existing C-4 zoned property and building for a pawn shop with outside display. 1. SITE LOCATION: The property is located on the north side of I-30, east of County Line. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property fronts onto Interstate 30 in an area of commercial uses including convenience store with gas pumps, a flooring contractor’s office and warehouse and a truck accessory dealer with outside display. The former mall building to the east is being remodeled as a campus of Pulaski Technical College. A large mobile home park is located adjacent to the north. The proposed pawn shop with some outside display is compatible with uses in the area. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The site is accessed from a driveway onto the I-30 Frontage Road. A driveway extends through the site to the mobile home park to the north. Paved parking is located in front of and to the side of the building. 4. SCREENING AND BUFFERS: No comments on this use issue. 5. PUBLIC WORKS COMMENTS: No Comments. August 21, 2008 ITEM NO.: 11 (Cont.) FILE NO.: Z-8378 2 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer is available to this property. Entergy: No comment received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment received. CATA: The site is not located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) The applicant was present. Staff presented the item and noted little additional information was needed regarding signage, days and hours of operation, fencing and dumpster location. The applicant was asked to specify if items displayed outside would be placed in the building after hours. There were no other comments. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The C-4 zoned, .39 acre tract located at 13,200 I-30 is occupied by a one-story, block building and a paved parking lot. The building formerly housed a liquor store. The applicant is proposing to open a pawn shop with outside display. Hours of operation are proposed as Monday through Saturday, 9:00 a.m. to 5:00 p.m. with occasional additional hours. Some merchandise will be displayed in front of the building on a daily basis. At the close of business, the items will be returned to the building. A 20’ X 40’ chain link fenced area is proposed to be located on the east side of the building to hold items taken in pawn that won’t fit in the building such as a boat or trailer. Signage will comply with that permitted in commercial zones. One wall sign is also proposed for the east wall of the August 21, 2008 ITEM NO.: 11 (Cont.) FILE NO.: Z-8378 3 building. A variance is required since that wall does not have direct street frontage. A variance is also requested to allow some display in the front 20 feet of the site. This area is paved and has always been used for parking. The dumpster is located behind the building. The dumpster should be screened. To staff’s knowledge there are no outstanding issues, the use is compatible with uses in the area. There is no bill of assurance for this acreage tract. STAFF RECOMMENDATION: Staff recommends approval of 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. 2. The dumpster is to be enclosed to comply with Code requirements. 3. Any merchandise displayed outside the building is to be placed in the building after hours with the exception of items parked in the designated, fenced area adjacent to the building. Staff recommends approval of variances to allow a wall sign on the east wall of the building and to allow daily display of merchandise in the front 20-foot setback. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to the comments and 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. The vote was 9 ayes, 0 noes and 2 absent. August 21, 2008 ITEM NO.: 12 FILE NO.: Z-8379 NAME: Trammell Bed and Breakfast – Special Use Permit LOCATION: 22021 Denny Road OWNER: Robert and Renee Trammell APPLICANT: Robert Trammell PROPOSAL: A Special Use Permit is requested to allow a bed and breakfast house to be operated in the single family residence located on the R-2 zoned property at 22021 Denny Road. A. Public Notification: All owners of property located within 200 feet of the site and all residents within 300 feet who could be identified were notified of the public hearing. There was no established neighborhood association in the area to notify. B. Public Works Issues: No Comments. C. Staff Analysis: The applicant proposes to operate a bed and breakfast house from the single family residence located on the R-2 zoned property at 22021 Denny Road. The property is located at the southeast corner of Denny Road and Waldenwood Lane. The property is located outside the Little Rock city limits, but within the City’s extraterritorial jurisdiction. The property is comprised of 6.5 acres. There is a two-story rock and frame residence (5,800 square feet) and a detached garage within the west half of the property. There is a paved driveway from Denny Road, which serves as access to the residence. The majority of the property is fenced pasture-type land, with barn structures within the east half of the property. The applicant is proposing four (4) guest bedrooms for the proposed bed and breakfast house. The property owner (applicant) will also reside in the house. There is ample paved parking on the site to serve the residence and guest rooms. The applicant is proposing one (1) sign at the entry driveway from Denny Road to identify the bed and breakfast house. The sign will be three (3) feet in height and one (1) square feet in area. August 21, 2008 ITEM NO: 12 (Cont.) FILE NO.: Z-8379 2 Following is the Zoning Ordinance definition of a “bed and breakfast house”: “Bed and breakfast house means an owner occupied single family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single family and R-4 two family districts.” Following is additional criteria for bed and breakfast houses per Section 36-54(e)(1) of the Code: (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. Section 36-54(d) is as follows: (d) Transfer of permits. Special use permits shall not be transferable in any manner. Permits cannot be passed (from) owner to owner, location to location or use to use. Staff is supportive of the requested special use permit to allow a bed and breakfast house at 22021 Denny Road. Staff feels this type of use will be appropriate for the property. As noted previously, the property is made up of 6.5 acres. The existing residence has very little visibility from adjacent properties. The proposed bed and breakfast house will be a very low-key use, and should have no adverse impact on the adjacent properties or the general area. August 21, 2008 ITEM NO: 12 (Cont.) FILE NO.: Z-8379 3 D. SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008) Robert Trammell was present, representing the application. Staff briefly described the proposed bed and breakfast use. In response to a question from staff, Mr. Trammell noted that the property was a total of 6.5 acres. Mr. Trammell noted that the driveway from Denny Road would be used as access to the bed and breakfast house, and that Waldenwood Lane to the west would not be used as access. The access issue was briefly discussed. Mr. Trammell noted that the driveway was recently paved. After the discussion, the Committee forwarded the application to the full Commission for final action. E. Staff Recommendation: Staff recommends approval of the Special Use Permit to allow a bed and breakfast house at 22021 Denny Road, subject to the following conditions: 1. Compliance with the criteria as found in Section 36-3 of the City’s Zoning Ordinance (definition of bed and breakfast house). 2. Compliance with the ordinance criteria for bed and breakfast houses as found in Section 36-54 of the City’s Zoning Ordinance. 3. There is to be no signage beyond that permitted in single family zones. 4. All guest access to the property shall be from Denny Road and not from Waldenwood Lane. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) Robert Trammell was present, representing the application. There were several objectors present. Staff presented the application with a recommendation of approval. Robert Trammell addressed the Commission in support of the application. He explained that he built the existing residence in 1994 and was remodeling it. He explained that he talked to the adjacent neighbors regarding the proposed bed and breakfast and that they had no problem with the proposal. He noted that his house was very isolated on 6.5 acres and not visible from adjacent property. He explained that the proposed bed and breakfast would have no adverse impact on adjacent property. He discussed the issue of restrictive covenants, which ran with the property. He explained that his proposed use of the property was single August 21, 2008 ITEM NO: 12 (Cont.) FILE NO.: Z-8379 4 family residential and conformed to the restrictive covenants. He noted that he did not use Waldenwood Lane for access and would not allow his guests to do so. Hal Kemp addressed the Commission in opposition. He noted that there were three (3) families present in opposition. He provided a copy of the deed for Mr. Trammell’s property to the Commission, noting that it contained language that the covenants be complied with. He noted that the ordinance required the Commission to consider restrictive covenants with Special Use Permit applications. Vice-Chair Yates asked why the subdivision was not recorded. Mr. Kemp explained that the lots were greater than five (5) acres and did not require platting. The issue of restrictive covenants was discussed further. Connie Wilkerson also addressed the Commission in opposition. She noted that property values would lower if the bed and breakfast were approved. Kevin Garland also spoke in opposition. He noted that Waldenwood was a gated subdivision. He explained that he did not want traffic to increase on Waldenwood Lane as his children ride bicycles in the area. Alan McQueen also spoke in opposition. He expressed concern with violating the restrictive covenants and its effect on the Waldenwood Subdivision. Mr. Trammell explained that his bed and breakfast would be a very quiet use and would have no negative impact on the neighbors. He explained that the Commission was not bound by the restrictive covenants. Commissioner Williams asked if the restrictive covenants had any bearing on the staff recommendation. Dana Carney, Planning Staff, explained that consideration of restrictive covenants/bills of assurance was for the Commission and that it would not have changed the staff recommendation. The issue of the restrictive covenants was discussed. Vice-Chair Yates asked Mr. Trammell if he was going to close access from his property to Waldenwood Lane. Mr. Trammell indicated that he would not amend the application to provide a gate between his property and Waldenwood Lane. Commissioner Laha noted that he did not support the application based on the restrictive covenants. There was a motion to approve the application as recommended by staff. The motion failed by a vote of 3 ayes, 7 nays and 1 absent. The application was denied. August 21, 2008 ITEM NO.: 13 FILE NO.: Z-8367-A Name: BCD Empowerment Center – Conditional Use Permit Location: 3604 West 12th Street Owner/Applicant: Black Community Developers Proposal: A conditional use permit is requested to allow a correctional facility to be constructed on this R-3 and R-4 zoned property. STAFF REPORT: It was determined that a conditional use permit is not required for the proposed use. Staff recommends withdrawal of this conditional use permit. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The applicant was not present. There were no objectors present. Staff informed the Commission that it had been determined that a conditional use permit was not required for the proposed use and the C.U.P. application should be withdrawn. There was no further discussion. The item was placed on the consent agenda and approved for withdrawal with a vote of 9 ayes, 0 noes and 2 absent. August 21, 2008 ITEM NO.: 14 FILE NO.: MSP08-01 Name: Master Street Plan Amendment modifying the location of two Collectors Location: Beckinham Drive and Wellington Plantation Drive from their termini to Rahling Road Request: To re-align this two Collectors to join prior to their intersection with Rahling Road Source: Tim Daters, White-Daters for Chenal Properties PROPOSAL / REQUEST: The request is to re-align Wellington Plantation Drive to the north and Beckinham Drive to the south, such that they become one street prior to their connection with Rahling Road. Both of these roads are Collectors. The classification and design standards for the roads are not requested to change. (Though due to existing topographic the roads may not meet the maximum grade requirement). Staff and the applicant on august 6, 2008 agreed to defer this item to the October 2, 2008 agenda in order to allow additional review time. PLANNING COMMISSION ACTION: (AUGUST 21, 2008) The item was placed on the consent agenda for deferral to the October 2, 2008 hearing at the request of Staff and the applicant. By a vote of 9 for and 0 against the consent agenda was approved.